Tex. Health & Safety Code Section 382.05199
Standard Permit for Certain Concrete Batch Plants: Notice and Hearing


(a)

A person may not begin construction of a permanent concrete plant that performs wet batching, dry batching, or central mixing under a standard permit issued under Section 382.05198 (Standard Permit for Certain Concrete Plants) unless the commission authorizes the person to use the permit as provided by this section. The notice and hearing requirements of Subsections (b)-(g) apply only to an applicant for authorization to use a standard permit issued under Section 382.05198 (Standard Permit for Certain Concrete Plants). An applicant for a permit for a concrete plant that does not meet the requirements of a standard permit issued under Section 382.05198 (Standard Permit for Certain Concrete Plants) must comply with:

(1)

Section 382.058 (Notice of and Hearing on Construction of Concrete Plant Under Permit by Rule, Standard Permit, or Exemption) to obtain authorization to use a standard permit issued under Section 382.05195 (Standard Permit) or a permit by rule adopted under Section 382.05196 (Permits by Rule); or

(2)

Section 382.056 (Notice of Intent to Obtain Permit or Permit Review; Hearing) to obtain a permit issued under Section 382.0518 (Preconstruction Permit).

(b)

An applicant for an authorization to use a standard permit under Section 382.05198 (Standard Permit for Certain Concrete Plants) must publish notice under this section not later than the earlier of:

(1)

the 30th day after the date the applicant receives written notice from the executive director that the application is technically complete; or

(2)

the 75th day after the date the executive director receives the application.

(c)

The applicant must publish notice at least once in a newspaper of general circulation in the municipality in which the plant is proposed to be located or in the municipality nearest to the proposed location of the plant. If the elementary or middle school nearest to the proposed plant provides a bilingual education program as required by Subchapter B (State Policy), Chapter 29 (Educational Programs), Education Code, the applicant must also publish the notice at least once in an additional publication of general circulation in the municipality or county in which the plant is proposed to be located that is published in the language taught in the bilingual education program. This requirement is waived if such a publication does not exist or if the publisher refuses to publish the notice.

(d)

The notice must include:

(1)

a brief description of the proposed location and nature of the proposed plant;

(2)

a description, including a telephone number, of the manner in which the executive director may be contacted for further information;

(3)

a description, including a telephone number, of the manner in which the applicant may be contacted for further information;

(4)

the location and hours of operation of the commission’s regional office at which a copy of the application is available for review and copying; and

(5)

a brief description of the public comment process, including the time and location of the public hearing, and the mailing address and deadline for filing written comments.

(e)

The public comment period begins on the first date notice is published under Subsection (b) and extends to the close of the public hearing.

(f)

Section 382.056 (Notice of Intent to Obtain Permit or Permit Review; Hearing) of this code and Chapter 2001 (Administrative Procedure), Government Code, do not apply to a public hearing held under this section. A public hearing held under this section is not an evidentiary proceeding. Any person may submit an oral or written statement concerning the application at the public hearing. The applicant may set reasonable limits on the time allowed for oral statements at the public hearing.

(g)

The applicant, in cooperation with the executive director, must hold the public hearing not less than 30 days and not more than 45 days after the first date notice is published under Subsection (b). The public hearing must be held in the county in which the plant is proposed to be located.

(h)

Not later than the 35th day after the date the public hearing is held, the executive director shall approve or deny the application for authorization to use the standard permit. The executive director shall base the decision on whether the application meets the requirements of Section 382.05198 (Standard Permit for Certain Concrete Plants). The executive director shall consider all comments received during the public comment period and at the public hearing in determining whether to approve the application. If the executive director denies the application, the executive director shall state the reasons for the denial and any modifications to the application that are necessary for the proposed plant to qualify for the authorization.

(i)

The executive director shall issue a written response to any public comments received related to the issuance of an authorization to use the standard permit at the same time as or as soon as practicable after the executive director grants or denies the application. Issuance of the response after the granting or denial of the application does not affect the validity of the executive director’s decision to grant or deny the application. The executive director shall:

(1)

mail the response to each person who filed a comment; and

(2)

make the response available to the public.
Added by Acts 2003, 78th Leg., ch. 361, Sec. 3, eff. Sept. 1, 2003.
Sec. 382.052. PERMIT TO CONSTRUCT OR MODIFY FACILITY WITHIN 3,000 FEET OF SCHOOL. In considering the issuance of a permit to construct or modify a facility within 3,000 feet of an elementary, junior high, or senior high school, the commission shall consider possible adverse short-term or long-term side effects of air contaminants or nuisance odors from the facility on the individuals attending the school facilities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.163, eff. Sept. 1, 1995.

Source: Section 382.05199 — Standard Permit for Certain Concrete Batch Plants: Notice and Hearing, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­382.­htm#382.­05199 (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

§ 382.05199’s source at texas​.gov