SB729 - Relating to the operation of rock crushing facilities.

  89R2217 JDK-F     By: Johnson S.B. No. 729       A BILL TO BE ENTITLED   AN ACT   relating to the operation of rock crushing facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 382.05101, Health and Safety Code, is   amended to read as follows:          Sec. 382.05101.  DE MINIMIS AIR CONTAMINANTS.  The   commission may develop by rule the criteria to establish a de   minimis level of air contaminants for facilities or groups of   facilities below which the following types of permits are not   required:                (1)  a permit under Section 382.0518 or 382.0519;                (2)  a standard permit under Section 382.05195,   382.05198, [ or ] 382.051985 , or 382.0651 ; or                (3)  a permit by rule under Section 382.05196.          SECTION 2.  Section 382.0511(c), Health and Safety Code, is   amended to read as follows:          (c)  The commission may authorize changes in a federal source   to proceed before the owner or operator obtains a federal operating   permit or revisions to a federal operating permit if:                (1)  the changes are de minimis under Section   382.05101; or                (2)  the owner or operator:                      (A)  has obtained a preconstruction permit or   permit amendment required by Section 382.0518; or                      (B)  is operating under:                            (i)  a standard permit under Section   382.05195, 382.05198, [ or ] 382.051985 , or 382.0651 ;                            (ii)  a permit by rule under Section   382.05196; or                            (iii)  an exemption allowed under Section   382.057.          SECTION 3.  Subchapter C, Chapter 382, Health and Safety   Code, is amended by adding Sections 382.0651, 382.0652, and   382.0653 to read as follows:           Sec.   382.0651.     STANDARD PERMIT FOR CERTAIN ROCK CRUSHING   FACILITIES.   (a)   The commission shall issue a standard permit for a   rock crushing facility that:                 (1)     is located at an aggregate production operation   required to be registered under Section 28A.051, Water Code;                 (2)     processes not more than 1,500 tons of rock per   hour; and                 (3)  meets the requirements of this section.           (b)     The standard permit issued under this section must   require that an owner or operator of a facility authorized to use   the permit, in addition to any other applicable requirements of   this chapter:                 (1)     install and operate for the first 12 consecutive   months of operation under the standard permit equipment to monitor:                       (A)     water quality in mining pits and   sedimentation ponds at the aggregate production operation for the   presence of contaminants related to aggregate extraction;                       (B)     the seismicity of extraction activities,   including blasting along active extraction areas; and                       (C)     emissions of air contaminants, if the   facility is located within 440 yards of two or more other aggregate   production operations;                 (2)     maintain records of monitoring data from the   monitoring equipment required by Subdivision (1) until the second   anniversary of the date on which the data was collected;                 (3)     establish a plan for providing notice of   emergencies to:                       (A)     owners and tenants of adjacent real property   and the property owners' association of each adjacent residential   subdivision, as applicable; and                       (B)     each member of the board of trustees of a   school district that serves the geographic area in which the   facility is located;                 (4)  implement best management practices for:                       (A)  conserving water;                       (B)     minimizing visible dust from active   extraction areas at the aggregate production operation, including   those areas not immediately revegetated;                       (C)     removing noncommercial material and old and   unused extraction equipment from the facility site; and                       (D)     cleaning and mowing of on-site equipment   yards; and                 (5)     submit to the commission a post-extraction land   use plan that includes:                       (A)     provisions for permanent removal of   extraction equipment;                       (B)     provisions for revegetation, including the   use of appropriate local vegetation types that are adequate for   post-extraction uses of land, as determined by the owner or   operator;                       (C)     slope and grading standards to allow for   traversing of livestock; and                       (D)     proposed land reuse options, such as   agricultural, natural, open space, or redevelopment uses or the   creation of a pond or lake.           (c)     The commission by rule shall adopt best management   practices for the purposes of Subsection (b)(4). Before the   commission proposes a rule under this subsection, the commission   must use negotiated rulemaking procedures under Chapter 2008,   Government Code.           (d)     The commission shall make each post-extraction land use   plan submitted under Subsection (b)(5) available on the   commission's Internet website.           (e)     If the land on which the facility to be permitted is   located is owned by a person other than the owner or operator of the   facility, the owner or operator of the facility may submit to the   commission an agreement made between the landowner and the facility   owner or operator for post-extraction land uses instead of the   post-extraction land use plan required under Subsection (b)(5).           (f)     The commission shall inspect a facility for compliance   with this section during regular inspections under this chapter and   Chapter 28A, Water Code.           Sec.   382.0652.     STANDARD PERMIT FOR CERTAIN ROCK CRUSHING   FACILITIES: NOTICE AND HEARING.   (a)   A person may not begin   construction of a new or modification of an existing rock crushing   facility under a standard permit issued under Section 382.0651   unless the commission authorizes the person to use the permit as   provided by this section.   The notice and hearing requirements of   this section apply only to an application for authorization to use a   standard permit issued under Section 382.0651. An applicant for a   permit for a rock crushing facility that does not meet the   requirements of a standard permit issued under Section 382.0651   must comply with:                 (1)     Section 382.058 to obtain authorization to use a   standard permit issued under Section 382.05195 or a permit by rule   adopted under Section 382.05196; or                 (2)     Section 382.056 to obtain a permit issued under   Section 382.0518.           (b)     An applicant for an authorization to use a standard   permit issued under Section 382.0651 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   facility is located or proposed to be located or in the municipality   nearest to the location or proposed location of the facility.   If   the elementary or middle school nearest to the location or proposed   location of the facility provides a bilingual education program as   required by Subchapter B, Chapter 29, Education Code, the applicant   must also publish the notice at least once in an additional   publication of general circulation in each municipality or county   in which the facility is located or 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 location or proposed   location and nature of the facility;                 (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)     Not later than the 30th day before the date of the public   hearing, the commission shall notify the following entities of the   date, time, and place of the hearing:                 (1)     each municipality and county in which the facility   is located or proposed to be located;    &# [Text truncated for display. 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