By: Phillips	H.B. No. 3419

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain concrete plants issued a standard permit by the
	Texas Commission on Environmental Quality; amending a provision
	subject to a criminal penalty.
	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
	three miles from any building used as a school, day-care facility,
	or nursing home, and 1000 [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 2.  Section 382.05198(a), Health and Safety Code, as
	amended by this Act, applies only to a permit issued on or after the
	effective date of this Act. A permit issued before the effective
	date of this Act is governed by the law in effect on the date the
	permit is issued, and the former law is continued in effect for that
	purpose.
	SECTION 3.  This Act takes effect September 1, 2015.