Texas 2021 - 87th Regular

Texas House Bill HB1912 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8323 JXC-D
2	2	By: Wilson H.B. No. 1912
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to air quality permits for aggregate production operations
8	8	and concrete batch plants.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 382, Health and Safety
11	11	Code, is amended by adding Sections 382.051991 and 382.051992 to
12	12	read as follows:
13	13	Sec. 382.051991. STANDARD PERMIT FOR AGGREGATE PRODUCTION
14	14	OPERATIONS AND CONCRETE BATCH PLANTS: PUBLIC HEARING OR MEETING.
15	15	(a) This section applies only to a meeting or hearing regarding the
16	16	issuance or renewal of a standard permit under this chapter
17	17	relating to the following activities at a facility:
18	18	(1) the production of aggregates, as defined by
19	19	Section 28A.001, Water Code; or
20	20	(2) the operation of a concrete plant that performs
21	21	wet batching, dry batching, or central mixing.
22	22	(b) The commission shall accept written questions about the
23	23	facility from the public until the 15th day before the date of the
24	24	hearing or meeting.
25	25	(c) Not later than the 14th day before the date of the
26	26	hearing or meeting, the commission shall notify the following
27	27	entities of the date, time, and place of the hearing or meeting:
28	28	(1) the Texas Department of Transportation;
29	29	(2) each groundwater conservation district with
30	30	jurisdiction over the area in which the facility is located or
31	31	proposed to be located;
32	32	(3) if no groundwater conservation district has
33	33	jurisdiction over the area in which the facility is located or
34	34	proposed to be located, the Texas Water Development Board;
35	35	(4) any state agency with jurisdiction over a topic
36	36	raised in a written question submitted to the commission under
37	37	Subsection (b); and
38	38	(5) each municipality and county in which the facility
39	39	is located or proposed to be located.
40	40	(d) Each entity other than a municipality or county that
41	41	receives notice of a hearing or meeting under Subsection (c) shall
42	42	send a representative of the entity to attend the hearing or
43	43	meeting.
44	44	Sec. 382.051992. ADDITIONAL STANDARD PERMIT REQUIREMENTS
45	45	FOR AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH PLANTS. (a)
46	46	This section applies only to a standard permit under this chapter
47	47	relating to:
48	48	(1) the production of aggregates, as defined by
49	49	Section 28A.001, Water Code; or
50	50	(2) the operation of a concrete plant that performs
51	51	wet batching, dry batching, or central mixing.
52	52	(b) The commission may not issue or renew a permit for a
53	53	facility unless the applicant indicates on the application that the
54	54	applicant:
55	55	(1) has complied with the requirements of Subsection
56	56	(c); and
57	57	(2) will comply with any Texas Department of
58	58	Transportation requirements for the construction or alteration of
59	59	driveways as provided by Subsection (j).
60	60	(c) In addition to requirements in any other applicable
61	61	provision of this chapter, the permit holder or applicant must:
62	62	(1) install equipment to monitor noise levels and
63	63	emissions of air contaminants from the facility:
64	64	(A) at the point on the perimeter of the property
65	65	on which the facility is located that is closest to the nearest
66	66	building in use as a single or multifamily residence, school, place
67	67	of worship, or commercial enterprise; and
68	68	(B) at two other points on the perimeter of the
69	69	property on which the facility is located equidistant from the
70	70	point described by Paragraph (A);
71	71	(2) ensure that outdoor lighting installed at the
72	72	facility complies with standards adopted by the Illuminating
73	73	Engineering Society;
74	74	(3) obtain computer-controlled blasting technology to
75	75	minimize the effect of seismic forces on adjacent property caused
76	76	by blasting at the facility;
77	77	(4) either:
78	78	(A) use water for the facility only from a
79	79	metered source or under a permit from a groundwater conservation
80	80	district; or
81	81	(B) implement commission-approved methods of
82	82	water recirculation to ensure efficient use of groundwater for the
83	83	facility;
84	84	(5) provide to the commission a plan to ensure that the
85	85	area on which the facility operates will be safe and useful after
86	86	operations cease, including a description of how the permit holder
87	87	will:
88	88	(A) resolve potential safety and environmental
89	89	problems;
90	90	(B) minimize fugitive dust from areas the permit
91	91	holder does not plan to revegetate; and
92	92	(C) control erosion by revegetating barren
93	93	areas; and
94	94	(6) provide to the commission a performance bond or
95	95	other form of financial assurance to ensure payment of the costs of
96	96	executing the plan required by Subdivision (5).
97	97	(d) The commission is not required to inspect a facility
98	98	solely to verify compliance with Subsection (c). The commission
99	99	shall inspect a facility for compliance with Subsection (c) during
100	100	regular inspections under this chapter and Chapter 28A, Water Code.
101	101	(e) The commission shall publish a list of monitoring
102	102	equipment that an applicant may use to meet the requirements of
103	103	Subsection (c)(1). The list of emissions monitors may include only
104	104	gravimetric or light scattering monitors for monitoring
105	105	particulate matter. The list may not include full spectrum
106	106	monitors that test for gaseous pollutants.
107	107	(f) The permit holder shall maintain records of monitoring
108	108	data from the equipment required by Subsection (c)(1) until the
109	109	fifth anniversary of the date on which the data was collected.
110	110	(g) The permit holder shall ensure that noise created by the
111	111	permitted facility does not exceed:
112	112	(1) 70 decibels at the points at which monitors are
113	113	installed under Subsection (c); or
114	114	(2) 65 decibels at the perimeter of a property that is:
115	115	(A) used as a residence; and
116	116	(B) located within 880 yards of the permitted
117	117	facility.
118	118	(h) If the commission receives a complaint about emissions
119	119	or noise created by a permitted facility, the commission shall
120	120	require the permit holder to submit to the commission all relevant
121	121	available monitoring data from the monitoring equipment required by
122	122	Subsection (c)(1) collected for a time period beginning 30 days
123	123	before the date that is the subject of the complaint and ending 30
124	124	days after that date. The commission shall analyze the data before
125	125	determining whether the complaint is valid.
126	126	(i) The commission is authorized to:
127	127	(1) receive funds as the beneficiary of a financial
128	128	assurance mechanism required under Subsection (c); and
129	129	(2) expend funds from the financial assurance
130	130	mechanism to ensure that the area on which the permitted facility
131	131	operated is safe and useful.
132	132	(j) If the Texas Department of Transportation determines
133	133	that activities at a facility necessitate the construction or
134	134	modification of driveway access to or from a state highway,
135	135	including to meet any applicable requirements under Chapter 133,
136	136	Natural Resources Code, the permit holder shall enter into a
137	137	donation agreement with the department for the donation of costs or
138	138	property needed by the state to facilitate the construction or
139	139	alteration.
140	140	SECTION 2. (a) Except as provided by Subsection (b) of this
141	141	section, the changes in law made by this Act apply only to a permit
142	142	for which an application for issuance is submitted to the Texas
143	143	Commission on Environmental Quality on or after the effective date
144	144	of this Act. A permit for which an application for issuance was
145	145	submitted to the Texas Commission on Environmental Quality before
146	146	the effective date of this Act is governed by the law in effect
147	147	immediately before the effective date of this Act, and the former
148	148	law is continued in effect for that purpose.
149	149	(b) The changes in law made by this Act apply to a permit for
150	150	which an application for renewal is submitted to the Texas
151	151	Commission on Environmental Quality on or after January 1, 2023.
152	152	SECTION 3. This Act takes effect January 1, 2022.