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Texas Natural Resource Conservation Commission
       Austin                       Texas

From:  Steve Spaw, P.E., Director, Central Regulatory
To:  Regional Directors
Date:  July 23, 1985
Subject:  Public Notice for Concrete Batch Plants

Section 3.27(c) of the Texas Clean Air Act (TCAA) was amended
in the recently concluded legislative session.  The amendment
provides that no person may commence construction on a
concrete batch plant (permanent or temporary) that
accomplishes wet batching, dry batching or central mixing
pursuant to an exemption without first providing public notice
and an opportunity for a public hearing as specified in
Sections 3.271(a) and (c) of the TCAA. 

The only exception to this requirement applies to concrete
plants located temporarily in the right-of-way of a public
works project.  Section 3.27(c) also defines a person who may
be affected by emissions from a concrete batch plant as only
those persons actually residing in a permanent residence
within one-quarter (1/4) mile of the proposed plant.  This is
important because under Section 3.271(c), hearings will be
granted when requested by either a "person who may be affected
by emissions" or by a member of the Texas Legislature from the
general area where the proposed facility is to be located.

I am requesting that we implement these changes to Section
3.27(c) effective August 1, 1985.  The following guidelines
should be used to insure consistent implementation of the
statutory changes:

1.  All concrete batch plants proposed for construction
    pursuant to either a standard exemption or the relocation
    provisions of a transient permit shall be required to
    utilize the public notice procedures.  Authorization of
    public notice will be made by the Austin office for these
    exemptions and transient permits.  The only concrete batch
    plants not subject to this requirement will be those to be
    located temporarily in the right-of-way of a public works
    project.  The following should be used to assist you in
    interpreting this exception:

    A.  Right-of-Way

    All of the property that is the subject of the public
    works project.  In many cases, there will be a legal metes
    and bounds description of the property that has been
    developed by a surveyor.  In some cases, where the land is
    already owned by a public entity, a survey may not have
    been performed, but the agency in charge of the project
    should have developed maps or other documents that will
    describe that portion of the total property that has been
    assigned to the public works project. 

    When it is not clear whether a plant is located within the
    right-of-way, the plant owner should be directed to  
    consult with the appropriate authorities of the public
    works project to establish the claim.

    For purposes of this exception, hardware associated with
    the concrete batch plant must be within the right-of-way.

    B.  Public Works Project

    All construction and improvements, ordinarily of a fixed
    nature, designed for public use, protection or enjoyment,
    that are undertaken or authorized by a governmental

2.  Requests for hearing must be granted if made by members of
    the Texas Legislature from the general area where the
    plant is to be located or from persons actually residing
    in a permanent residence within one-quarter mile of the
    proposed plant who offer a reasonable basis for their
    request.  A permanent residence is the person's
    "permanent" home where the person resides with no present
    intention to create a different permanent residence. 

    Thus, homes, apartments, mobile homes, etc., are normally
    (but not always) permanent residences.  Motels and
    campgrounds may be permanent residences if the person 
    involved actually intends it to be his permanent residence
    as evidenced by such things as drivers license, voting
    registration, etc.  Persons who stay at motels and
    campgrounds only to transact business or work at a 
    temporary job have not established a permanent residence.

3.  In order to ensure good communication between the regional
    offices and Austin office on these projects it will be
    necessary to provide information to the Mechanical Section
    about each standard exemption application, standard
    exemption relocation or transient permit relocation for
    concrete batch plants.  Information needed consists of
    data from the PI-7 for creation of an application record
    in the permits database.  

4.  Facilities that have previously received exemptions may
    use the same exemption number (X-number) with the next
    suffix letter applied, but the above data will need to be
    furnished to the CORE Section for creation of computer

5.  All material received in the Austin office at the time of
    filing for the standard exemption, including a PI-7, will
    need to be furnished to the CORE Section who will create
    a file for the data and forward it to the reviewing

6.  Information about concrete batch plant transient permit
    relocations may be communicated to the agency by sending 
    the letter requesting the relocation to the Austin office,
    regional office and any applicable local program(s).

7.  Before any authorization for public notice for concrete
    batch plants is made, a determination must be made that
    the application is complete, containing all necessary
    information to allow a determination to be made whether
    the proposed facility meets the requirements for obtaining
    an exemption or relocation approval.

8.  Examples of public notices for concrete batch plants
    proposing to construct under standard exemption or
    transient permit relocation will be provided.  The usual
    site approval letters for these facilities may be used to
    issue site approval.

9.  The public notice package to a company will include
    the following:

    A.  Letter of Transmittal.
    B.  Public Notice Procedures.
    C.  Example of Public Notice (Standard Exemption or
          Transient Permit).
    D.  List of agencies to be notified (with air contaminants
          to be publicly specified).
    E.  Address of regional office in the region where the
          plant will be constructed.