440-yard buffer extends to concrete batch plants

The text as introduced · 1,459 words

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.