Texas 2021 - 87th Regular

Texas House Bill HB4400 Compare Versions

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

Old	New	Differences
1	1	87R10627 MP-D
2	2	By: Patterson H.B. No. 4400
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of concrete plants by the commissioners
8	8	court in certain counties.
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) the central baghouse must be located at least 440
81	81	yards from any building used as a single or multifamily residence,
82	82	school, or place of worship at the time the application to use the
83	83	permit is filed with the commission if the plant is located in an
84	84	area that is not subject to municipal zoning regulation; and
85	85	(20) the siting restrictions established by a
86	86	commissioners court under Section 382.051985 must be followed.
87	87	SECTION 2. Subchapter C, Chapter 382, Health and Safety
88	88	Code, is amended by adding Section 382.051985 to read as follows:
89	89	Sec. 382.051985. LOCATION OF CERTAIN CONCRETE PLANTS IN
90	90	CERTAIN COUNTIES. (a) This section applies only to:
91	91	(1) a county with a population of 500,000 or more; or
92	92	(2) a county that:
93	93	(A) is adjacent to a county with a population of
94	94	500,000 or more; and
95	95	(B) according to the most recent federal
96	96	decennial census, had population growth of more than 30 percent
97	97	during the decade preceding the most recent federal decennial
98	98	census.
99	99	(b) The county commissioners court by order may prohibit the
100	100	construction or expansion of a permanent concrete plant at a
101	101	location less than one mile from a residence, school, place of
102	102	worship, hospital, or land platted for residential development and
103	103	may establish conditions on the construction or expansion of a
104	104	permanent concrete plant for other locations in the county based on
105	105	development patterns of the county, distance of an operation from a
106	106	roadway, traffic conditions, emission of dust from an operation, or
107	107	public safety.
108	108	(c) An order adopted under this section may not result in a
109	109	prohibition on the construction or expansion of concrete plants in
110	110	the county.
111	111	SECTION 3. The changes in law made by this Act apply only to
112	112	a concrete plant the construction of which begins on or after the
113	113	effective date of this Act. A concrete plant that was constructed
114	114	before the effective date of this Act is governed by the law in
115	115	effect immediately before the effective date of this Act, and the
116	116	former law is continued in effect for that purpose.
117	117	SECTION 4. This Act takes effect September 1, 2021.