SB3046 - Relating to air quality permits for certain concrete plants and crushing facilities.

      By: Miles, Alvarado, Cook S.B. No. 3046               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 concrete batch plant located within 880 yards   of a property that is used as a residence ; or                 (2)  is a:                       (A)  concrete crushing facility; or                       (B)     concrete plant that performs wet batching,   dry batching, or central mixing that is located within 2000 yards of   a hospital .          SECTION 2.  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 a building in 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.           (a-2)     The commission by rule shall prohibit the operation of   a facility within 2000 yards of a building in use as a hospital.             (a-3)   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 Subsections (a-1) and (a-2) [ 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 described by Subsections (a-1)and(a-2) [ 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 s (a-1)     and (a-2) [ (a) ] [ does ] do 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 3.  The changes in law made by this Act apply 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 and a permit subject to   pending litigation on the effective date of this act.          SECTION 4.  This Act takes effect immediately.