88R3362 JXC-D
By: Schwertner S.B. No. 1398
A BILL TO BE ENTITLED
AN ACT
relating to air quality permits for aggregate production operations
and concrete batch plants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.067 to read as follows:
Sec. 382.067. PERMIT CONDITIONS FOR CERTAIN AGGREGATE
PRODUCTION AND CONCRETE PLANT FACILITIES. (a) This section
applies only to a standard permit issued under Section 382.05195 or
382.05198 relating to the operation of a facility that:
(1) is used for the production of aggregates, as
defined by Section 28A.001, Water Code; or
(2) is a concrete plant that performs wet batching,
dry batching, or central mixing.
(b) The commission by rule shall require as a condition of
issuing or approving the use of a permit that the applicant:
(1) submit with the application a plan for:
(A) reclaiming the land disturbed by the
operation of the facility;
(B) maintaining safe lanes for ingress to and
egress from the facility; and
(C) monitoring and mitigating sound created by
the operation of the facility; and
(2) comply with the plan submitted under Subdivision
(1).
(c) The commission may require a person authorized to use a
permit to modify a plan submitted under Subsection (b) as necessary
for public health and safety.
(d) The commission shall establish a system to track
complaints received by the commission about a facility described by
Subsection (a). If the commission receives a significant number of
complaints about noise or dust emitted from the facility, the
commission may require the operator of the facility to, as
applicable:
(1) mitigate sound emitted from the facility; or
(2) minimize dust emissions by spraying vehicles
leaving the facility with water or dust-suppressant chemicals or
implementing other dust control measures as necessary.
SECTION 2. Sections 382.067(b) and (c), Health and Safety
Code, as added by this Act, apply only to an authorization to use a
permit for which an application is submitted to the Texas
Commission on Environmental Quality on or after the effective date
of this Act.
SECTION 3. This Act takes effect September 1, 2023.