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HomeMy WebLinkAboutIR 9315INFORMAL REPORT TO CITY COUNCIL MEMBERS To the Mayor and Members of the City Council No. 9315 October 19, 2010 Page 1 of 3 SUBJECT: ENVIRONMENTAL REGULATIONS GOVERNING THE LOCATION OF CONCRETE BATCH PLANTS The purpose of this Informal Report is to provide information about environmental regulations governing the location of concrete batch plants. The Texas Commission on Environmental Quality (TCEQ) regulates concrete batch plants. Concrete batch plants may operate in accordance with any of the following regulatory requirements: • Permit by Rule (PBR) as authorized under Title 30, Texas Administrative Code (30 TAC), Section 106.141 and the general conditions stated in 30 TAC 106.4. Concrete batch plants must have less than 5 cubic yards per hour throughput and less than 25 tons per year of particulate emissions to claim the PBR. Under the PBR there is no registration, fee, or public notice required. There are record keeping requirements to demonstrate compliance for a rolling 12 -month period. http: / /www.tceg.state.tx.us /permitting/ air /permitbvrule /subchapter -e /batch mixers.html • Standard Permit is authorized under the Texas Health and Safety Code Section 382.05195. To qualify for the Standard Permit the plant must produce no more than 300 cubic yards per hour of concrete or no more than 30 cubic yards per hour if a specialty plant and must be equipped with adequate suction shrouds and filters. The suction shroud baghouse exhaust must be at least 100 feet from any property line. Additionally, depending on the production rate of the proposed plant there are required buffered distances from the property line or additional controls. The standard permit applies to both permanent and temporary plants. There is a requirement to submit registration information and pay a fee. Permanent batch plants are required to comply with the public notice requirements. http: / /www.tceg. state.tx. us /permitting/ air /newsourcereview /mechanical /cbP.htmI If the batch will be temporary, then the plant is required to meet the additional requirements set forth in paragraph 5 of the Standard Permit. Temporary is defined as not occupying the designated site for more than 180 consecutive days or supplies concrete for a single project (single contract or same contractor for related project segments), but not other unrelated projects. • Standard Permit for Concrete Batch Plants with Enhanced Controls is authorized under the Texas Health and Safety Code Section 382.05198. Again plant production rate is limited to no more than 300 cubic yards per hour. Suction shroud at the central mix drum or truck drop point must be vented to a central fabric filter baghouse with a flow rate of at least 5,000 actual cubic feet per minute and an outlet grain of at least 0.01 grains per dry standard cubic foot loading. The suction shroud baghouse, stationary equipment and all stockpiles must be at least 100 feet from the property line. The central baghouse exhaust must be located at least 440 yards from ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS To the Mayor and Members of the City Council No. 9315 October 19, 2010 Page 2 of 3 SUBJECT: ENVIRONMENTAL REGULATIONS GOVERNING THE LOCATION OF CONCRETE BATCH PLANTS the nearest residence (single or multi - family), school or place of worship. There is a requirement to submit registration information and pay a fee. A significant difference between a typical Standard Permit and a Standard Permit for Concrete Bath Plants with Enhanced Controls is that they are "rewarded" for the additional emission reductions provided by the enhanced controls with less onerous notice and hearing requirements. A public hearing is required but is not an evidentiary hearing but only for the purpose of addressing public comments. Under statute the TCEQ is required to grant the permit if the applicant meets all applicable requirements. http: / /www.tceg. state. tx. us /permitting /air /newsourcereview /mechanical /cbp enhanced.html #claim .New Source Review (NSR) Permit is authorized under 30 TAC 116 for those facilities that cannot qualify for another type of permit authorization. Typically a NSR is triggered by the throughput capacity of the proposed batch plant. This process requires the applicant to specifically detail out the operating parameters of the plant including what Best Available Control Technology (BACT) will be used. There is a requirement to submit registration, pay related fees, and provide public notice. How does someone request a Public Meeting or Public Hearing regarding a concrete batch plant application? Only affected persons, when authorized by law, may request a meeting or hearing on the proposed application. Under 30 TAC 55.29, an affected person is one who has a personal justiciable interest related to a legal right, duty, privilege, power, or economic interest affected by the application. An interest common to members of the general public does not qualify as a personal justiciable interest. For concrete batch plants contemplating a Standard Permit, only individuals whose permanent residence is within 440 yards of the proposed plant have standing to request a public hearing. Governmental entities, including local governments and public agencies with authority under state law over issues contemplated by the application, may be considered affected persons. TCEQ will consider the local government's statutory authority over or interest in the issues relevant to the application. A public hearing is required when a legislator from the area of the proposed facility requests a hearing on the application. Within the City of Fort Worth, where can a concrete batch plant be located? Under City of Fort Worth zoning ordinance, a permanent concrete batch plant is allowed by right in K Heavy Industrial zoning or by rezoning to PD for that specific use. A temporary concrete batch plant is allowed by right in the industrial districts and by special exception in other districts. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS C-.A To the Mayor and Members of the City Council No. 9315 October 19, 2010 Page 3 of 3 SUBJECT: ENVIRONMENTAL REGULATIONS GOVERNING THE LOCATION OF CONCRETE BATCH PLANTS Recently a permanent concrete batch plant relocated to 4000 Haslet- Roanoke Road, Tarrant County, Texas. This site is seeking authorization under the Standard Permit. During the comment period eighteen comments, three requests for Public Hearings, and five requests for Public Meetings were received by the TCEQ. A Public Meeting has tentatively been scheduled for November 16, 2010, with a location to be determined, but will be local. Staff will update council with details on the meeting when they become available. If you have any questions regarding TCEQ requirements please contact Michael A. Gange, Assistant Director of TPW — Environmental Services Division at extension 6569. Fisseler, P.E. City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS