88R1919 MP-F
By: J. Johnson of Harris H.B. No. 372
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the operation of concrete plants and
crushing facilities at certain locations.
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) the central baghouse must be located at least 880
[440] yards from 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.
SECTION 2. Section 382.058(c), Health and Safety Code, is
amended to read as follows:
(c) For purposes of this section, only those persons
actually residing in a permanent residence within 880 [440] yards
of the proposed plant may request a hearing under Section 382.056 as
a person who may be affected.
SECTION 3. Sections 382.065(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) The commission by rule shall prohibit the operation of a
concrete crushing facility within 880 [440] yards of 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. The measurement of distance for
purposes of this subsection shall be taken from the point on the
concrete crushing facility that is nearest to the residence,
school, or place of worship toward the point on the residence,
school, or place of worship 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 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 is
subsequently built or put to use within 880 [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 4. The changes in law made by this Act apply only to
an application for a permit to operate a concrete plant or crushing
facility that is filed on or after the effective date of this Act.
An application for a permit filed before the effective date of this
Act is governed by the law in effect on the date of filing, and that
law is continued in effect for that purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.