HB873 - Relating to air quality permits for aggregate production operations and concrete batch plants.

      By: Wilson H.B. No. 873       A BILL TO BE ENTITLED   AN ACT   relating to air quality permits for aggregate production operations   and concrete batch plants.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 382, Health and Safety   Code, is amended by adding Sections 382.051991 and 382.051992 to   read as follows:           Sec.   382.051991.     USE OF STANDARD PERMIT FOR AGGREGATE   PRODUCTION OPERATIONS AND CONCRETE BATCH PLANTS: PUBLIC HEARING OR   MEETING. (a) This section applies only to a public hearing or   meeting regarding an authorization to use a standard permit under   this chapter for:                 (1)     the production of aggregates, as defined by   Section 28A.001, Water Code; or                 (2)     the operation of a concrete plant that performs   wet batching, dry batching, or central mixing.           (b)     The commission shall accept written questions about the   facility from the public until the 15th day before the date of the   hearing or meeting.           (c)     Not later than the 14th day before the date of the   hearing or meeting, the commission shall notify the following   entities of the date, time, and place of the hearing or meeting:                 (1)  the Texas Department of Transportation;                 (2)     each groundwater conservation district with   jurisdiction over the area in which the facility is located or   proposed to be located;                 (3)     if no groundwater conservation district has   jurisdiction over the area in which the facility is located or   proposed to be located, the Texas Water Development Board;                 (4)     any state agency with jurisdiction over a topic   raised in a written question submitted to the commission under   Subsection (b); and                 (5)     each municipality and county in which the facility   is located or proposed to be located.           (d)     Each entity other than a municipality or county that   receives notice of a hearing or meeting under Subsection (c) shall   send a representative of the entity to attend the hearing or   meeting.           Sec.   382.051992.     ADDITIONAL STANDARD PERMIT REQUIREMENTS   FOR AGGREGATE PRODUCTION OPERATIONS AND CONCRETE BATCH PLANTS. (a)   This section applies only to the use of a standard permit under this   chapter for:                 (1)     the production of aggregates, as defined by   Section 28A.001, Water Code; or                 (2)     the operation of a concrete plant that performs   wet batching, dry batching, or central mixing.           (b)     The commission may not authorize the use of a standard   permit for or renew a standard permit authorization for a facility   unless the applicant indicates on the application that the   applicant:                 (1)     has complied with the requirements of Subsection   (c); and                 (2)     will comply with any Texas Department of   Transportation requirements for the construction or alteration of   driveways as provided by Subsection (j).           (c)     In addition to requirements in any other applicable   provision of this chapter, a person authorized to use a standard   permit must:                 (1)     install equipment to monitor noise levels from the   facility:                       (A)     at the point on the perimeter of the property   on which the facility is located that is closest to the nearest   building in use as a single-family or multifamily residence,   school, place of worship, or commercial enterprise; and                       (B)     at two other points on the perimeter of the   property on which the facility is located equidistant from the   point described by Paragraph (A);                 (2)     ensure that outdoor lighting installed at the   facility complies with standards adopted by the Illuminating   Engineering Society;                 (3)     obtain computer-controlled blasting technology to   minimize the effect of seismic forces on adjacent property caused   by blasting at the facility;                 (4)  either:                       (A)     use water for the facility only from a   metered source or under a permit from a groundwater conservation   district; or                       (B)     implement commission-approved methods of   water recirculation to ensure efficient use of groundwater for the   facility;                 (5)     provide to the commission a plan to ensure that the   area on which the facility operates will be safe and useful after   operations cease, including a description of how the person will:                       (A)     resolve potential safety and environmental   problems;                       (B)     minimize fugitive dust from areas the person   does not plan to revegetate; and                       (C)     control erosion by revegetating barren   areas; and                 (6)     provide to the commission a performance bond or   other form of financial assurance to ensure payment of the costs of   executing the plan required by Subdivision (5).           (d)     The commission is not required to inspect a facility   solely to verify compliance with Subsection (c). The commission   shall inspect a facility for compliance with Subsection (c) during   regular inspections under this chapter and Chapter 28A, Water Code.           (e)     The commission shall publish a list of monitoring   equipment that a person may use to meet the requirements of   Subsection (c)(1).           (f)     The person shall maintain records of monitoring data   from the equipment required by Subsection (c)(1) until the fifth   anniversary of the date on which the data was collected.           (g)     The person authorized to use a standard permit shall   ensure that noise created by the permitted facility does not   exceed:                 (1)     70 decibels at the points at which monitors are   installed under Subsection (c); or                 (2)  65 decibels at the perimeter of a property that is:                       (A)  used as a residence; and                       (B)     located within 880 yards of the permitted   facility.           (h)     If the commission receives a complaint about noise   created by a permitted facility, the commission shall require the   person authorized to use the permit to submit to the commission all   relevant available monitoring data from the monitoring equipment   required by Subsection (c)(1) collected for a time period beginning   30 days before the date that is the subject of the complaint and   ending 30 days after that date. The commission shall analyze the   data before determining whether the complaint is valid.           (i)  The commission is authorized to:                 (1)     receive funds as the beneficiary of a financial   assurance mechanism required under Subsection (c); and                 (2)     expend funds from the financial assurance   mechanism to ensure that the area on which the permitted facility   operated is safe and useful.           (j)     If the Texas Department of Transportation determines   that activities at a facility necessitate the construction or   modification of driveway access to or from a state highway,   including to meet any applicable requirements under Chapter 133,   Natural Resources Code, the person authorized to use a standard   permit for the facility shall enter into a donation agreement with   the department for the donation of costs or property needed by the   state to facilitate the construction or alteration.          SECTION 2.  (a)  Except as provided by Subsection (b) of this   section, the changes in law made by this Act apply only to a permit   or an authorization to use a permit for which an application is   submitted to the Texas Commission on Environmental Quality on or   after the effective date of this Act. A permit or an authorization   to use a permit for which an application was submitted to the Texas   Commission on Environmental Quality before the effective date of   this Act is governed by the law in effect immediately before the   effective date of this Act, and the former law is continued in   effect for that purpose.          (b)  The changes in law made by this Act apply to a permit or   an authorization to use a permit for which an application for   renewal is submitted to the Texas Commission on Environmental   Quality on or after January 1, 2027.          SECTION 3.  This Act takes effect January 1, 2026.