Bill Text: TX HB372 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a prohibition on the operation of concrete plants and crushing facilities at certain locations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Environmental Regulation [HB372 Detail]
Download: Texas-2023-HB372-Introduced.html
88R1919 MP-F | ||
By: J. Johnson of Harris | H.B. No. 372 |
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relating to a prohibition on the operation of concrete plants and | ||
crushing facilities at certain locations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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; | ||
(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 880 | ||
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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 2. Section 382.058(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) For purposes of this section, only those persons | ||
actually residing in a permanent residence within 880 [ |
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of the proposed plant may request a hearing under Section 382.056 as | ||
a person who may be affected. | ||
SECTION 3. Sections 382.065(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) The commission by rule shall prohibit the operation of a | ||
concrete crushing facility within 880 [ |
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use as a single or multifamily residence, school, or place of | ||
worship 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. The measurement of distance for | ||
purposes of this subsection shall be taken from the point on the | ||
concrete crushing facility 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) Subsection (a) does not apply to a concrete crushing | ||
facility: | ||
(1) at a location for which commission authorization | ||
for the operation of a concrete crushing facility was in effect on | ||
September 1, 2001; | ||
(2) at a location that satisfies the distance | ||
requirements of Subsection (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 | ||
single or multifamily residence, school, or place of worship is | ||
subsequently built or put to use within 880 [ |
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facility; or | ||
(3) 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. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
an application for a permit to operate a concrete plant or crushing | ||
facility that is filed on or after the effective date of this Act. | ||
An application for 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 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |