Texas 2025 - 89th Regular

Texas Senate Bill SB817 Compare Versions

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

Old	New	Differences
1	1	89R425 JXC-F
2	2	By: Miles S.B. No. 817
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to air quality permits for certain concrete plants and
10	10	crushing facilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 382.004(c), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(c) A person may not begin construction under this section
15	15	if the facility that is the subject of the permit amendment:
16	16	(1) is [a concrete batch plant] located within 880
17	17	yards of a building or area described by Section 382.065(a-1); and
18	18	(2) is a:
19	19	(A) concrete crushing facility; or
20	20	(B) concrete plant that performs wet batching,
21	21	dry batching, or central mixing [property that is used as a
22	22	residence].
23	23	SECTION 2. Section 382.05198(a), Health and Safety Code, is
24	24	amended to read as follows:
25	25	(a) The commission shall issue a standard permit for a
26	26	permanent concrete plant that performs wet batching, dry batching,
27	27	or central mixing and that meets the following requirements:
28	28	(1) production records must be maintained on site
29	29	while the plant is in operation until the second anniversary of the
30	30	end of the period to which they relate;
31	31	(2) each cement or fly ash storage silo and weigh
32	32	hopper must be equipped with a fabric or cartridge filter or vented
33	33	to a fabric or cartridge filter system;
34	34	(3) each fabric or cartridge filter, fabric or
35	35	cartridge filter system, and suction shroud must be maintained and
36	36	operated properly with no tears or leaks;
37	37	(4) excluding the suction shroud filter system, each
38	38	filter system must be designed to meet a standard of at least 0.01
39	39	outlet grain loading as measured in grains per dry standard cubic
40	40	foot;
41	41	(5) each filter system and each mixer loading and
42	42	batch truck loading emissions control device must meet a
43	43	performance standard of no visible emissions exceeding 30 seconds
44	44	in a five-minute period as determined using United States
45	45	Environmental Protection Agency Test Method 22 as that method
46	46	existed on September 1, 2003;
47	47	(6) if a cement or fly ash silo is filled during
48	48	nondaylight hours, the silo filter system exhaust must be
49	49	sufficiently illuminated to enable a determination of compliance
50	50	with the performance standard described by Subdivision (5);
51	51	(7) the conveying system for the transfer of cement or
52	52	fly ash to and from each storage silo must be totally enclosed,
53	53	operate properly, and be maintained without any tears or leaks;
54	54	(8) except during cement or fly ash tanker connection
55	55	or disconnection, each conveying system for the transfer of cement
56	56	or fly ash must meet the performance standard described by
57	57	Subdivision (5);
58	58	(9) a warning device must be installed on each bulk
59	59	storage silo to alert the operator in sufficient time for the
60	60	operator to stop loading operations before the silo is filled to a
61	61	level that may adversely affect the pollution abatement equipment;
62	62	(10) if filling a silo results in failure of the
63	63	pollution abatement system or failure to meet the performance
64	64	standard described by Subdivision (5), the failure must be
65	65	documented and reported to the commission;
66	66	(11) each road, parking lot, or other area at the plant
67	67	site that is used by vehicles must be paved with a cohesive hard
68	68	surface that is properly maintained, cleaned, and watered so as to
69	69	minimize dust emissions;
70	70	(12) each stockpile must be sprinkled with water or
71	71	dust-suppressant chemicals or covered so as to minimize dust
72	72	emissions;
73	73	(13) material used in the batch that is spilled must be
74	74	immediately cleaned up and contained or dampened so as to minimize
75	75	dust emissions;
76	76	(14) production of concrete at the plant must not
77	77	exceed 300 cubic yards per hour;
78	78	(15) a suction shroud or other pickup device must be
79	79	installed at the batch drop point or, in the case of a central mix
80	80	plant, at the drum feed and vented to a fabric or cartridge filter
81	81	system with a minimum capacity of 5,000 cubic feet per minute of
82	82	air;
83	83	(16) the bag filter and capture system must be
84	84	properly designed to accommodate the increased flow from the
85	85	suction shroud and achieve a control efficiency of at least 99.5
86	86	percent;
87	87	(17) the suction shroud baghouse exhaust must be
88	88	located more than 100 feet from any property line; and
89	89	(18) stationary equipment, stockpiles, and vehicles
90	90	used at the plant, except for incidental traffic and vehicles as
91	91	they enter and exit the site, must be located or operated more than
92	92	100 feet from any property line[; and
93	93	[(19) the central baghouse must be located at least 440
94	94	yards from any building used as a single or multifamily residence,
95	95	school, or place of worship at the time the application to use the
96	96	permit is filed with the commission if the plant is located in an
97	97	area that is not subject to municipal zoning regulation].
98	98	SECTION 3. Section 382.065, Health and Safety Code, is
99	99	amended to read as follows:
100	100	Sec. 382.065. CERTAIN LOCATIONS FOR OPERATING CERTAIN
101	101	CONCRETE FACILITIES [CRUSHING FACILITY] PROHIBITED. (a) This
102	102	section applies only to a facility that is:
103	103	(1) a concrete crushing facility; or
104	104	(2) a concrete plant that performs wet batching, dry
105	105	batching, or central mixing.
106	106	(a-1) The commission by rule shall prohibit the operation of
107	107	a [concrete crushing] facility within 440 yards of the following
108	108	types of buildings or areas:
109	109	(1) a building in use as a single or multifamily
110	110	residence, school, or place of worship;
111	111	(2) a place of business where employees of the
112	112	business perform outdoor work near the facility; or
113	113	(3) a park or other outdoor recreational area,
114	114	including a playing field [at the time the application for a permit
115	115	to operate the facility at a site near the residence, school, or
116	116	place of worship is filed with the commission].
117	117	(a-2) The measurement of distance for purposes of this
118	118	section is the shortest distance between [subsection shall be taken
119	119	from the point on] the [concrete crushing] facility and a building
120	120	or area described by Subsection (a-1) [that is nearest to the
121	121	residence, school, or place of worship toward the point on the
122	122	residence, school, or place of worship that is nearest the concrete
123	123	crushing facility].
124	124	(b) A rule adopted under this section [Subsection (a)] does
125	125	not apply to a [concrete crushing facility]:
126	126	(1) concrete crushing facility at a location for which
127	127	commission authorization for the operation of a concrete crushing
128	128	facility was in effect on September 1, 2001;
129	129	(2) facility at a location that satisfies the distance
130	130	requirements of Subsection (a-1) [(a)] at the time the application
131	131	for the initial authorization for the operation of that facility at
132	132	that location is filed with the commission, provided that the
133	133	authorization is granted and maintained, regardless of whether a
134	134	building, place of business, or outdoor recreational facility
135	135	described by Subsection (a-1) [single or multifamily residence,
136	136	school, or place of worship] is subsequently built or put to use
137	137	within 440 yards of the facility; or
138	138	(3) facility that:
139	139	(A) uses a concrete crusher:
140	140	(i) in the manufacture of products that
141	141	contain recycled materials; and
142	142	(ii) that is located in an enclosed
143	143	building; and
144	144	(B) is located:
145	145	(i) within 25 miles of an international
146	146	border; and
147	147	(ii) in a municipality with a population of
148	148	not less than 6,100 but not more than 20,000.
149	149	(c) Except as provided by Subsection (d), Subsection (a-1)
150	150	[(a)] does not apply to a concrete crushing facility that:
151	151	(1) is engaged in crushing concrete and other
152	152	materials produced by the demolition of a structure at the location
153	153	of the structure and the concrete and other materials are being
154	154	crushed primarily for use at that location;
155	155	(2) operates at that location for not more than 180
156	156	days;
157	157	(3) the commission determines will cause no adverse
158	158	environmental or health effects by operating at that location; and
159	159	(4) complies with conditions stated in commission
160	160	rules, including operating conditions.
161	161	(d) Notwithstanding Subsection (c), Subsection (a-1) [(a)]
162	162	applies to a [concrete crushing] facility in a county with a
163	163	population of 3.3 million or more or in a county adjacent to such a
164	164	county.
165	165	SECTION 4. Section 382.058(c), Health and Safety Code, is
166	166	repealed.
167	167	SECTION 5. The changes in law made by this Act apply only to
168	168	an application for a permit, permit amendment, or authorization to
169	169	use a permit filed with the Texas Commission on Environmental
170	170	Quality on or after the effective date of this Act. An application
171	171	for a permit, permit amendment, or authorization to use a permit
172	172	filed before the effective date of this Act is governed by the law
173	173	in effect on the date of filing, and that law is continued in effect
174	174	for that purpose.
175	175	SECTION 6. This Act takes effect September 1, 2025.