87R8666 JXC-D
By: Leach H.B. No. 3594
A BILL TO BE ENTITLED
AN ACT
relating to the operation of concrete plants and crushing
facilities at certain locations near an airport.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.05198(a), Health and Safety Code, is
amended to read as follows:
(a) The commission shall issue a standard permit for a
permanent concrete plant that performs wet batching, dry batching,
or central mixing and that meets the following requirements:
(1) production records must be maintained on site
while the plant is in operation until the second anniversary of the
end of the period to which they relate;
(2) each cement or fly ash storage silo and weigh
hopper must be equipped with a fabric or cartridge filter or vented
to a fabric or cartridge filter system;
(3) each fabric or cartridge filter, fabric or
cartridge filter system, and suction shroud must be maintained and
operated properly with no tears or leaks;
(4) excluding the suction shroud filter system, each
filter system must be designed to meet a standard of at least 0.01
outlet grain loading as measured in grains per dry standard cubic
foot;
(5) each filter system and each mixer loading and
batch truck loading emissions control device must meet a
performance standard of no visible emissions exceeding 30 seconds
in a five-minute period as determined using United States
Environmental Protection Agency Test Method 22 as that method
existed on September 1, 2003;
(6) if a cement or fly ash silo is filled during
nondaylight hours, the silo filter system exhaust must be
sufficiently illuminated to enable a determination of compliance
with the performance standard described by Subdivision (5);
(7) the conveying system for the transfer of cement or
fly ash to and from each storage silo must be totally enclosed,
operate properly, and be maintained without any tears or leaks;
(8) except during cement or fly ash tanker connection
or disconnection, each conveying system for the transfer of cement
or fly ash must meet the performance standard described by
Subdivision (5);
(9) a warning device must be installed on each bulk
storage silo to alert the operator in sufficient time for the
operator to stop loading operations before the silo is filled to a
level that may adversely affect the pollution abatement equipment;
(10) if filling a silo results in failure of the
pollution abatement system or failure to meet the performance
standard described by Subdivision (5), the failure must be
documented and reported to the commission;
(11) each road, parking lot, or other area at the plant
site that is used by vehicles must be paved with a cohesive hard
surface that is properly maintained, cleaned, and watered so as to
minimize dust emissions;
(12) each stockpile must be sprinkled with water or
dust-suppressant chemicals or covered so as to minimize dust
emissions;
(13) material used in the batch that is spilled must be
immediately cleaned up and contained or dampened so as to minimize
dust emissions;
(14) production of concrete at the plant must not
exceed 300 cubic yards per hour;
(15) a suction shroud or other pickup device must be
installed at the batch drop point or, in the case of a central mix
plant, at the drum feed and vented to a fabric or cartridge filter
system with a minimum capacity of 5,000 cubic feet per minute of
air;
(16) the bag filter and capture system must be
properly designed to accommodate the increased flow from the
suction shroud and achieve a control efficiency of at least 99.5
percent;
(17) the suction shroud baghouse exhaust must be
located more than 100 feet from any property line;
(18) stationary equipment, stockpiles, and vehicles
used at the plant, except for incidental traffic and vehicles as
they enter and exit the site, must be located or operated more than
100 feet from any property line; and
(19) at the time the application to use the permit is
filed with the commission, the central baghouse must be located at
least 440 yards from:
(A) any building used as a single or multifamily
residence, school, or place of worship [at the time the application
to use the permit is filed with the commission] if the plant is
located in an area that is not subject to municipal zoning
regulation; and
(B) a public or private airport, as defined by
Section 22.001, Transportation Code.
SECTION 2. Section 382.065, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(a-1) to read as follows:
(a) The commission by rule shall prohibit the operation of a
concrete crushing facility within 440 yards of the following types
of buildings or facilities:
(1) a building in use as a single or multifamily
residence, school, or place of worship at the time the application
for a permit to operate the facility at a site near the residence,
school, or place of worship is filed with the commission; and
(2) a public or private airport, as defined by Section
22.001, Transportation Code.
(a-1) The measurement of distance for purposes of
Subsection (a) [this subsection] shall be taken from the point on
the concrete crushing facility that is nearest to the residence,
school, [or] place of worship, or airport toward the point on the
residence, school, [or] place of worship, or airport that is
nearest the concrete crushing facility.
(b) Subsection (a) does not apply to a concrete crushing
facility:
(1) at a location for which commission authorization
for the operation of a concrete crushing facility was in effect on
September 1, 2001;
(2) at a location that satisfies the distance
requirements of Subsections (a) and (a-1) [Subsection (a)] at the
time the application for the initial authorization for the
operation of that facility at that location is filed with the
commission, provided that the authorization is granted and
maintained, regardless of whether a single or multifamily
residence, school, [or] place of worship, or airport is
subsequently built or put to use within 440 yards of the facility;
or
(3) that:
(A) uses a concrete crusher:
(i) in the manufacture of products that
contain recycled materials; and
(ii) that is located in an enclosed
building; and
(B) is located:
(i) within 25 miles of an international
border; and
(ii) in a municipality with a population of
not less than 6,100 but not more than 20,000.
SECTION 3. The changes in law made by this Act apply only to
a facility for which an initial application for a permit under
Chapter 382, Health and Safety Code, is filed on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.