Texas 2021 - 87th Regular

Texas House Bill HB3594 Compare Versions

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

Old	New	Differences
1	1	87R8666 JXC-D
2	2	By: Leach H.B. No. 3594
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of concrete plants and crushing
8	8	facilities at certain locations near an airport.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 382.05198(a), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(a) The commission shall issue a standard permit for a
13	13	permanent concrete plant that performs wet batching, dry batching,
14	14	or central mixing and that meets the following requirements:
15	15	(1) production records must be maintained on site
16	16	while the plant is in operation until the second anniversary of the
17	17	end of the period to which they relate;
18	18	(2) each cement or fly ash storage silo and weigh
19	19	hopper must be equipped with a fabric or cartridge filter or vented
20	20	to a fabric or cartridge filter system;
21	21	(3) each fabric or cartridge filter, fabric or
22	22	cartridge filter system, and suction shroud must be maintained and
23	23	operated properly with no tears or leaks;
24	24	(4) excluding the suction shroud filter system, each
25	25	filter system must be designed to meet a standard of at least 0.01
26	26	outlet grain loading as measured in grains per dry standard cubic
27	27	foot;
28	28	(5) each filter system and each mixer loading and
29	29	batch truck loading emissions control device must meet a
30	30	performance standard of no visible emissions exceeding 30 seconds
31	31	in a five-minute period as determined using United States
32	32	Environmental Protection Agency Test Method 22 as that method
33	33	existed on September 1, 2003;
34	34	(6) if a cement or fly ash silo is filled during
35	35	nondaylight hours, the silo filter system exhaust must be
36	36	sufficiently illuminated to enable a determination of compliance
37	37	with the performance standard described by Subdivision (5);
38	38	(7) the conveying system for the transfer of cement or
39	39	fly ash to and from each storage silo must be totally enclosed,
40	40	operate properly, and be maintained without any tears or leaks;
41	41	(8) except during cement or fly ash tanker connection
42	42	or disconnection, each conveying system for the transfer of cement
43	43	or fly ash must meet the performance standard described by
44	44	Subdivision (5);
45	45	(9) a warning device must be installed on each bulk
46	46	storage silo to alert the operator in sufficient time for the
47	47	operator to stop loading operations before the silo is filled to a
48	48	level that may adversely affect the pollution abatement equipment;
49	49	(10) if filling a silo results in failure of the
50	50	pollution abatement system or failure to meet the performance
51	51	standard described by Subdivision (5), the failure must be
52	52	documented and reported to the commission;
53	53	(11) each road, parking lot, or other area at the plant
54	54	site that is used by vehicles must be paved with a cohesive hard
55	55	surface that is properly maintained, cleaned, and watered so as to
56	56	minimize dust emissions;
57	57	(12) each stockpile must be sprinkled with water or
58	58	dust-suppressant chemicals or covered so as to minimize dust
59	59	emissions;
60	60	(13) material used in the batch that is spilled must be
61	61	immediately cleaned up and contained or dampened so as to minimize
62	62	dust emissions;
63	63	(14) production of concrete at the plant must not
64	64	exceed 300 cubic yards per hour;
65	65	(15) a suction shroud or other pickup device must be
66	66	installed at the batch drop point or, in the case of a central mix
67	67	plant, at the drum feed and vented to a fabric or cartridge filter
68	68	system with a minimum capacity of 5,000 cubic feet per minute of
69	69	air;
70	70	(16) the bag filter and capture system must be
71	71	properly designed to accommodate the increased flow from the
72	72	suction shroud and achieve a control efficiency of at least 99.5
73	73	percent;
74	74	(17) the suction shroud baghouse exhaust must be
75	75	located more than 100 feet from any property line;
76	76	(18) stationary equipment, stockpiles, and vehicles
77	77	used at the plant, except for incidental traffic and vehicles as
78	78	they enter and exit the site, must be located or operated more than
79	79	100 feet from any property line; and
80	80	(19) at the time the application to use the permit is
81	81	filed with the commission, the central baghouse must be located at
82	82	least 440 yards from:
83	83	(A) any building used as a single or multifamily
84	84	residence, school, or place of worship [at the time the application
85	85	to use the permit is filed with the commission] if the plant is
86	86	located in an area that is not subject to municipal zoning
87	87	regulation; and
88	88	(B) a public or private airport, as defined by
89	89	Section 22.001, Transportation Code.
90	90	SECTION 2. Section 382.065, Health and Safety Code, is
91	91	amended by amending Subsections (a) and (b) and adding Subsection
92	92	(a-1) to read as follows:
93	93	(a) The commission by rule shall prohibit the operation of a
94	94	concrete crushing facility within 440 yards of the following types
95	95	of buildings or facilities:
96	96	(1) a building in use as a single or multifamily
97	97	residence, school, or place of worship at the time the application
98	98	for a permit to operate the facility at a site near the residence,
99	99	school, or place of worship is filed with the commission; and
100	100	(2) a public or private airport, as defined by Section
101	101	22.001, Transportation Code.
102	102	(a-1) The measurement of distance for purposes of
103	103	Subsection (a) [this subsection] shall be taken from the point on
104	104	the concrete crushing facility that is nearest to the residence,
105	105	school, [or] place of worship, or airport toward the point on the
106	106	residence, school, [or] place of worship, or airport that is
107	107	nearest the concrete crushing facility.
108	108	(b) Subsection (a) does not apply to a concrete crushing
109	109	facility:
110	110	(1) at a location for which commission authorization
111	111	for the operation of a concrete crushing facility was in effect on
112	112	September 1, 2001;
113	113	(2) at a location that satisfies the distance
114	114	requirements of Subsections (a) and (a-1) [Subsection (a)] at the
115	115	time the application for the initial authorization for the
116	116	operation of that facility at that location is filed with the
117	117	commission, provided that the authorization is granted and
118	118	maintained, regardless of whether a single or multifamily
119	119	residence, school, [or] place of worship, or airport is
120	120	subsequently built or put to use within 440 yards of the facility;
121	121	or
122	122	(3) that:
123	123	(A) uses a concrete crusher:
124	124	(i) in the manufacture of products that
125	125	contain recycled materials; and
126	126	(ii) that is located in an enclosed
127	127	building; and
128	128	(B) is located:
129	129	(i) within 25 miles of an international
130	130	border; and
131	131	(ii) in a municipality with a population of
132	132	not less than 6,100 but not more than 20,000.
133	133	SECTION 3. The changes in law made by this Act apply only to
134	134	a facility for which an initial application for a permit under
135	135	Chapter 382, Health and Safety Code, is filed on or after the
136	136	effective date of this Act.
137	137	SECTION 4. This Act takes effect September 1, 2021.