Texas 2023 - 88th Regular

Texas Senate Bill SB1554 Compare Versions

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Version 2 (New)

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1	1	88R11353 JXC-F
2	2	By: Miles S.B. No. 1554
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the location qualifications for a standard permit for
8	8	certain concrete plants and a prohibition on the operation of
9	9	concrete plants and crushing facilities at certain locations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 382.05198(a), Health and Safety Code, is
12	12	amended to read as follows:
13	13	(a) The commission shall issue a standard permit for a
14	14	permanent concrete plant that performs wet batching, dry batching,
15	15	or central mixing and that meets the following requirements:
16	16	(1) production records must be maintained on site
17	17	while the plant is in operation until the second anniversary of the
18	18	end of the period to which they relate;
19	19	(2) each cement or fly ash storage silo and weigh
20	20	hopper must be equipped with a fabric or cartridge filter or vented
21	21	to a fabric or cartridge filter system;
22	22	(3) each fabric or cartridge filter, fabric or
23	23	cartridge filter system, and suction shroud must be maintained and
24	24	operated properly with no tears or leaks;
25	25	(4) excluding the suction shroud filter system, each
26	26	filter system must be designed to meet a standard of at least 0.01
27	27	outlet grain loading as measured in grains per dry standard cubic
28	28	foot;
29	29	(5) each filter system and each mixer loading and
30	30	batch truck loading emissions control device must meet a
31	31	performance standard of no visible emissions exceeding 30 seconds
32	32	in a five-minute period as determined using United States
33	33	Environmental Protection Agency Test Method 22 as that method
34	34	existed on September 1, 2003;
35	35	(6) if a cement or fly ash silo is filled during
36	36	nondaylight hours, the silo filter system exhaust must be
37	37	sufficiently illuminated to enable a determination of compliance
38	38	with the performance standard described by Subdivision (5);
39	39	(7) the conveying system for the transfer of cement or
40	40	fly ash to and from each storage silo must be totally enclosed,
41	41	operate properly, and be maintained without any tears or leaks;
42	42	(8) except during cement or fly ash tanker connection
43	43	or disconnection, each conveying system for the transfer of cement
44	44	or fly ash must meet the performance standard described by
45	45	Subdivision (5);
46	46	(9) a warning device must be installed on each bulk
47	47	storage silo to alert the operator in sufficient time for the
48	48	operator to stop loading operations before the silo is filled to a
49	49	level that may adversely affect the pollution abatement equipment;
50	50	(10) if filling a silo results in failure of the
51	51	pollution abatement system or failure to meet the performance
52	52	standard described by Subdivision (5), the failure must be
53	53	documented and reported to the commission;
54	54	(11) each road, parking lot, or other area at the plant
55	55	site that is used by vehicles must be paved with a cohesive hard
56	56	surface that is properly maintained, cleaned, and watered so as to
57	57	minimize dust emissions;
58	58	(12) each stockpile must be sprinkled with water or
59	59	dust-suppressant chemicals or covered so as to minimize dust
60	60	emissions;
61	61	(13) material used in the batch that is spilled must be
62	62	immediately cleaned up and contained or dampened so as to minimize
63	63	dust emissions;
64	64	(14) production of concrete at the plant must not
65	65	exceed 300 cubic yards per hour;
66	66	(15) a suction shroud or other pickup device must be
67	67	installed at the batch drop point or, in the case of a central mix
68	68	plant, at the drum feed and vented to a fabric or cartridge filter
69	69	system with a minimum capacity of 5,000 cubic feet per minute of
70	70	air;
71	71	(16) the bag filter and capture system must be
72	72	properly designed to accommodate the increased flow from the
73	73	suction shroud and achieve a control efficiency of at least 99.5
74	74	percent;
75	75	(17) the suction shroud baghouse exhaust must be
76	76	located more than 100 feet from any property line; and
77	77	(18) stationary equipment, stockpiles, and vehicles
78	78	used at the plant, except for incidental traffic and vehicles as
79	79	they enter and exit the site, must be located or operated more than
80	80	100 feet from any property line[; and
81	81	[(19) the central baghouse must be located at least 440
82	82	yards from any building used as a single or multifamily residence,
83	83	school, or place of worship at the time the application to use the
84	84	permit is filed with the commission if the plant is located in an
85	85	area that is not subject to municipal zoning regulation].
86	86	SECTION 2. Section 382.065, Health and Safety Code, is
87	87	amended to read as follows:
88	88	Sec. 382.065. CERTAIN LOCATIONS FOR OPERATING CERTAIN
89	89	CONCRETE FACILITIES [CRUSHING FACILITY] PROHIBITED. (a) This
90	90	section applies only to a facility that is:
91	91	(1) a concrete crushing facility; or
92	92	(2) a concrete plant that performs wet batching, dry
93	93	batching, or central mixing.
94	94	(a-1) The commission by rule shall prohibit the operation of
95	95	a [concrete crushing] facility within 440 yards of the following
96	96	types of buildings or facilities:
97	97	(1) a building in use as a single or multifamily
98	98	residence, school, or place of worship;
99	99	(2) a place of business where employees of the
100	100	business perform outdoor work near the facility; or
101	101	(3) a park or other outdoor recreational area,
102	102	including a playing field [at the time the application for a permit
103	103	to operate the facility at a site near the residence, school, or
104	104	place of worship is filed with the commission].
105	105	(a-2) The measurement of distance for purposes of this
106	106	section is the shortest distance between [subsection shall be taken
107	107	from the point on] the [concrete crushing] facility and a building,
108	108	place of business, or outdoor recreational area described by
109	109	Subsection (a-1) [that is nearest to the residence, school, or
110	110	place of worship toward the point on the residence, school, or place
111	111	of worship that is nearest the concrete crushing facility].
112	112	(b) A rule adopted under this section [Subsection (a)] does
113	113	not apply to a [concrete crushing] facility:
114	114	(1) at a location for which commission authorization
115	115	for the operation of a concrete crushing facility was in effect on
116	116	September 1, 2001;
117	117	(2) at a location that satisfies the distance
118	118	requirements of Subsection (a-1) [(a)] at the time the application
119	119	for the initial authorization for the operation of that facility at
120	120	that location is filed with the commission, provided that the
121	121	authorization is granted and maintained, regardless of whether a
122	122	building, place of business, or outdoor recreational facility
123	123	described by Subsection (a-1) [single or multifamily residence,
124	124	school, or place of worship] is subsequently built or put to use
125	125	within 440 yards of the facility; or
126	126	(3) that:
127	127	(A) uses a concrete crusher:
128	128	(i) in the manufacture of products that
129	129	contain recycled materials; and
130	130	(ii) that is located in an enclosed
131	131	building; and
132	132	(B) is located:
133	133	(i) within 25 miles of an international
134	134	border; and
135	135	(ii) in a municipality with a population of
136	136	not less than 6,100 but not more than 20,000.
137	137	(c) Except as provided by Subsection (d), Subsection (a-1)
138	138	[(a)] does not apply to a concrete crushing facility that:
139	139	(1) is engaged in crushing concrete and other
140	140	materials produced by the demolition of a structure at the location
141	141	of the structure and the concrete and other materials are being
142	142	crushed primarily for use at that location;
143	143	(2) operates at that location for not more than 180
144	144	days;
145	145	(3) the commission determines will cause no adverse
146	146	environmental or health effects by operating at that location; and
147	147	(4) complies with conditions stated in commission
148	148	rules, including operating conditions.
149	149	(d) Notwithstanding Subsection (c), Subsection (a-1) [(a)]
150	150	applies to a [concrete crushing] facility in a county with a
151	151	population of 3.3 million or more or in a county adjacent to such a
152	152	county.
153	153	SECTION 3. The changes in law made by this Act apply only to
154	154	the operation of a facility the permit or authorization to use a
155	155	permit for which is issued by the Texas Commission on Environmental
156	156	Quality on or after the effective date of this Act. A facility the
157	157	permit or authorization to use a permit for which was issued before
158	158	the effective date of this Act is governed by the law in effect
159	159	immediately before the effective date of this Act, and the former
160	160	law is continued in effect for that purpose.
161	161	SECTION 4. This Act takes effect September 1, 2023.