Tex. Health & Safety Code Section 382.05198
Standard Permit for Certain Concrete Plants


(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 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.

(b)

Notwithstanding Subsection (a)(18), the commission shall issue a standard permit for a permanent concrete plant that performs wet batching, dry batching, or central mixing and does not meet the requirements of that subdivision if the plant meets the other requirements of Subsection (a) and:

(1)

each road, parking lot, and other traffic area located within the distance of a property line provided by Subsection (a)(18) is bordered by dust-suppressing fencing or another barrier at least 12 feet high; and

(2)

each stockpile located within the applicable distance of a property line is contained within a three-walled bunker that extends at least two feet above the top of the stockpile.

(c)

An application for the issuance of a standard permit under this section must include a plot plan that meets the requirements of Section 382.05195 (Standard Permit)(k).
Added by Acts 2003, 78th Leg., ch. 361, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 159 (S.B. 952), Sec. 2, eff. September 1, 2021.

Source: Section 382.05198 — Standard Permit for Certain Concrete Plants, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­382.­htm#382.­05198 (accessed Jun. 5, 2024).

382.001
Short Title
382.002
Policy and Purpose
382.003
Definitions
382.004
Construction While Permit Amendment Application Pending
382.005
Exclusive Jurisdiction to Regulate Greenhouse Gas Emissions and Express Preemption of Local Regulations
382.011
General Powers and Duties
382.012
State Air Control Plan
382.013
Air Quality Control Regions
382.014
Emission Inventory
382.015
Power to Enter Property
382.016
Monitoring Requirements
382.017
Rules
382.018
Outdoor Burning of Waste and Combustible Material
382.019
Methods Used to Control and Reduce Emissions from Land Vehicles
382.020
Control of Emissions from Facilities that Handle Certain Agricultural Products
382.021
Sampling Methods and Procedures
382.022
Investigations
382.023
Orders
382.024
Factors in Issuing Orders and Determinations
382.025
Orders Relating to Controlling Air Pollution
382.026
Orders Issued Under Emergencies
382.027
Prohibition on Commission Action Relating to Air Conditions Existing Solely in Commercial and Industrial Facilities
382.028
Variances
382.029
Hearing Powers
382.030
Delegation of Hearing Powers
382.031
Notice of Hearings
382.032
Appeal of Commission Action
382.033
Contracts
382.034
Research and Investigations
382.035
Memorandum of Understanding
382.036
Cooperation and Assistance
382.037
Notice in Texas Register Regarding National Ambient Air Quality Standards for Ozone
382.040
Documents
382.041
Confidential Information
382.051
Permitting Authority of Commission
382.053
Prohibition on Issuance of Construction Permit for Lead Smelting Plant at Certain Locations
382.054
Federal Operating Permit
382.055
Review and Renewal of Preconstruction Permit
382.056
Notice of Intent to Obtain Permit or Permit Review
382.057
Exemption
382.058
Notice of and Hearing on Construction of Concrete Plant Under Permit by Rule, Standard Permit, or Exemption
382.059
Hearing and Decision on Permit Amendment Application of Certain Electric Generating Facilities
382.061
Delegation of Powers and Duties
382.062
Application, Permit, and Inspection Fees
382.063
Issuance of Emergency Order Because of Catastrophe
382.064
Initial Application Date
382.065
Certain Locations for Operating Concrete Crushing Facility Prohibited
382.066
Shipyard Facilities
382.068
Poultry Facility Odor
382.069
Texas Backup Power Package
382.085
Unauthorized Emissions Prohibited
382.111
Inspections
382.112
Recommendations to Commission
382.113
Authority of Municipalities
382.115
Cooperative Agreements
382.0145
Clean Fuel Incentive Surcharge
382.0161
Air Pollutant Watch List
382.0171
Alternative Fuels and Select-use Technologies
382.0172
International Border Areas
382.0173
Adoption of Rules Regarding Certain State Implementation Plan Requirements and Standards of Performance for Certain Sources
382.0175
Amount of Foreign Emissions in Nonattainment Areas
382.0191
Idling of Motor Vehicle
382.0195
Commercial Infectious Waste Incinerators
382.0201
Prohibition on Commission Rule Relating to Emissions from Certain Hospital or Medical Disinfectants
382.201
Definitions
382.202
Vehicle Emissions Inspection and Maintenance Program
382.203
Vehicles Subject to Program
382.204
Remote Sensing Program Component
382.0205
Special Problems Related to Air Contaminant Emissions
382.205
Inspection Equipment and Procedures
382.206
Collection of Data
382.207
Inspection Stations
382.208
Attainment Program
382.209
Low-income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program
382.210
Implementation Guidelines and Requirements
382.211
Local Advisory Panel
382.212
Emissions Reduction Credit
382.213
Disposition of Retired Vehicle
382.214
Sale of Vehicle with Intent to Defraud
382.0215
Assessment of Emissions Due to Emissions Events
382.215
Sale of Vehicle Not Required
382.0216
Regulation of Emissions Events
382.216
Incentives for Voluntary Participation in Vehicle Emissions Inspection and Maintenance Program
382.218
Required Participation by Certain Counties
382.219
Purchase of Replacement Vehicle
382.220
Use of Funding for Local Initiative Projects
382.0275
Commission Action Relating to Residential Water Heaters
382.0291
Public Hearing Procedures
382.301
Definitions
382.302
Inspection and Maintenance Program
382.0335
Air Control Account
382.401
Alternative Leak Detection Technology
382.451
Development of Federal Greenhouse Gas Reporting Rule
382.452
Voluntary Actions Inventory
382.501
Definitions
382.502
Rules
382.503
Study
382.504
Contract for Necessary Infrastructure and Operation
382.505
Acceptance of Carbon Dioxide for Storage
382.506
Measuring, Monitoring, and Verification
382.507
Ownership of Carbon Dioxide
382.508
Liability
382.509
Rates for Transportation
382.510
Annual Report
382.0511
Permit Consolidation and Amendment
382.0512
Modification of Existing Facility
382.0513
Permit Conditions
382.0514
Sampling, Monitoring, and Certification
382.0515
Application for Permit
382.0516
Notice to State Senator, State Representative, and Certain Local Officials
382.0517
Determination of Administrative Completion of Application
382.0518
Preconstruction Permit
382.0519
Voluntary Emissions Reduction Permit
382.0541
Administration and Enforcement of Federal Operating Permit
382.0542
Issuance of Federal Operating Permit
382.0543
Review and Renewal of Federal Operating Permit
382.551
Substitutes for Hydrofluorocarbon Refrigerants Applicable to Commercial or Residential Buildings or Construction
382.0561
Federal Operating Permit: Hearing
382.0562
Notice of Decision
382.0563
Public Petition to the Administrator
382.0564
Notification to Other Governmental Entities
382.0565
Clean Coal Project Permitting Procedure
382.0566
Advanced Clean Energy Project Permitting Procedure
382.0567
Proof that Technology Is Commercially Feasible Not Required
382.0591
Denial of Application for Permit
382.0621
Operating Permit Fee
382.0622
Clean Air Act Fees
382.05101
De Minimis Air Contaminants
382.05102
Permitting Authority of Commission
382.05155
Expedited Processing of Application
382.05181
Permit Required
382.05182
Notice of Shutdown
382.05183
Existing Facility Permit
382.05184
Small Business Stationary Source Permit
382.05185
Electric Generating Facility Permit
382.05186
Pipeline Facilities Permits
382.05191
Emissions Reduction Permits: Notice and Hearing
382.05192
Review and Renewal of Emissions Reduction and Multiple Plant Permits
382.05193
Emissions Permits Through Emissions Reduction
382.05194
Multiple Plant Permit
382.05195
Standard Permit
382.05196
Permits by Rule
382.05197
Multiple Plant Permit: Notice and Hearing
382.05198
Standard Permit for Certain Concrete Plants
382.05199
Standard Permit for Certain Concrete Batch Plants: Notice and Hearing
382.051865
Stationary Natural Gas Engines Used in Combined Heating and Power System
382.051866
Emissions Reductions Incentives Account
382.051961
Permit for Certain Oil and Gas Facilities
382.051962
Authorization for Planned Maintenance, Start-up, or Shutdown Activities Relating to Certain Oil and Gas Facilities
382.051963
Amendment of Certain Permits
382.051964
Aggregation of Facilities
382.051985
Standard Permit for Certain Temporary Concrete Plants for Public Works

Accessed:
Jun. 5, 2024

§ 382.05198’s source at texas​.gov