Texas 2023 - 88th Regular

Texas House Bill HB372 Compare Versions

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1	1	88R1919 MP-F
2	2	By: J. Johnson of Harris H.B. No. 372
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition on the operation of concrete plants and
8	8	crushing facilities at certain locations.
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 880
81	81	[440] yards from any building used as a single or multifamily
82	82	residence, school, or place of worship at the time the application
83	83	to use the permit is filed with the commission if the plant is
84	84	located in an area that is not subject to municipal zoning
85	85	regulation.
86	86	SECTION 2. Section 382.058(c), Health and Safety Code, is
87	87	amended to read as follows:
88	88	(c) For purposes of this section, only those persons
89	89	actually residing in a permanent residence within 880 [440] yards
90	90	of the proposed plant may request a hearing under Section 382.056 as
91	91	a person who may be affected.
92	92	SECTION 3. Sections 382.065(a) and (b), Health and Safety
93	93	Code, are amended to read as follows:
94	94	(a) The commission by rule shall prohibit the operation of a
95	95	concrete crushing facility within 880 [440] yards of a building in
96	96	use as a single or multifamily residence, school, or place of
97	97	worship at the time the application for a permit to operate the
98	98	facility at a site near the residence, school, or place of worship
99	99	is filed with the commission. The measurement of distance for
100	100	purposes of this subsection shall be taken from the point on the
101	101	concrete crushing facility that is nearest to the residence,
102	102	school, or place of worship toward the point on the residence,
103	103	school, or place of worship that is nearest the concrete crushing
104	104	facility.
105	105	(b) Subsection (a) does not apply to a concrete crushing
106	106	facility:
107	107	(1) at a location for which commission authorization
108	108	for the operation of a concrete crushing facility was in effect on
109	109	September 1, 2001;
110	110	(2) at a location that satisfies the distance
111	111	requirements of Subsection (a) at the time the application for the
112	112	initial authorization for the operation of that facility at that
113	113	location is filed with the commission, provided that the
114	114	authorization is granted and maintained, regardless of whether a
115	115	single or multifamily residence, school, or place of worship is
116	116	subsequently built or put to use within 880 [440] yards of the
117	117	facility; or
118	118	(3) that:
119	119	(A) uses a concrete crusher:
120	120	(i) in the manufacture of products that
121	121	contain recycled materials; and
122	122	(ii) that is located in an enclosed
123	123	building; and
124	124	(B) is located:
125	125	(i) within 25 miles of an international
126	126	border; and
127	127	(ii) in a municipality with a population of
128	128	not less than 6,100 but not more than 20,000.
129	129	SECTION 4. The changes in law made by this Act apply only to
130	130	an application for a permit to operate a concrete plant or crushing
131	131	facility that is filed on or after the effective date of this Act.
132	132	An application for a permit filed before the effective date of this
133	133	Act is governed by the law in effect on the date of filing, and that
134	134	law is continued in effect for that purpose.
135	135	SECTION 5. This Act takes effect immediately if it receives
136	136	a vote of two-thirds of all the members elected to each house, as
137	137	provided by Section 39, Article III, Texas Constitution. If this
138	138	Act does not receive the vote necessary for immediate effect, this
139	139	Act takes effect September 1, 2023.