89R425 JXC-F
By: Miles S.B. No. 817
A BILL TO BE ENTITLED
AN ACT
relating to air quality permits for certain concrete plants and
crushing facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.004(c), Health and Safety Code, is
amended to read as follows:
(c) A person may not begin construction under this section
if the facility that is the subject of the permit amendment:
(1) is [a concrete batch plant] located within 880
yards of a building or area described by Section 382.065(a-1); and
(2) is a:
(A) concrete crushing facility; or
(B) concrete plant that performs wet batching,
dry batching, or central mixing [property that is used as a
residence].
SECTION 2. 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; and
(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 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 3. Section 382.065, Health and Safety Code, is
amended to read as follows:
Sec. 382.065. CERTAIN LOCATIONS FOR OPERATING CERTAIN
CONCRETE FACILITIES [CRUSHING FACILITY] PROHIBITED. (a) This
section applies only to a facility that is:
(1) a concrete crushing facility; or
(2) a concrete plant that performs wet batching, dry
batching, or central mixing.
(a-1) The commission by rule shall prohibit the operation of
a [concrete crushing] facility within 440 yards of the following
types of buildings or areas:
(1) a building in use as a single or multifamily
residence, school, or place of worship;
(2) a place of business where employees of the
business perform outdoor work near the facility; or
(3) a park or other outdoor recreational area,
including a playing field [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].
(a-2) The measurement of distance for purposes of this
section is the shortest distance between [subsection shall be taken
from the point on] the [concrete crushing] facility and a building
or area described by Subsection (a-1) [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) A rule adopted under this section [Subsection (a)] does
not apply to a [concrete crushing facility]:
(1) concrete crushing facility at a location for which
commission authorization for the operation of a concrete crushing
facility was in effect on September 1, 2001;
(2) facility at a location that satisfies the distance
requirements of Subsection (a-1) [(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
building, place of business, or outdoor recreational facility
described by Subsection (a-1) [single or multifamily residence,
school, or place of worship] is subsequently built or put to use
within 440 yards of the facility; or
(3) facility 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.
(c) Except as provided by Subsection (d), Subsection (a-1)
[(a)] does not apply to a concrete crushing facility that:
(1) is engaged in crushing concrete and other
materials produced by the demolition of a structure at the location
of the structure and the concrete and other materials are being
crushed primarily for use at that location;
(2) operates at that location for not more than 180
days;
(3) the commission determines will cause no adverse
environmental or health effects by operating at that location; and
(4) complies with conditions stated in commission
rules, including operating conditions.
(d) Notwithstanding Subsection (c), Subsection (a-1) [(a)]
applies to a [concrete crushing] facility in a county with a
population of 3.3 million or more or in a county adjacent to such a
county.
SECTION 4. Section 382.058(c), Health and Safety Code, is
repealed.
SECTION 5. The changes in law made by this Act apply only to
an application for a permit, permit amendment, or authorization to
use a permit filed with the Texas Commission on Environmental
Quality on or after the effective date of this Act. An application
for a permit, permit amendment, or authorization to use 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 6. This Act takes effect September 1, 2025.