Skip to Content
Questions or Comments: airperm@tceq.texas.gov

Outdated Exemption List - July 8, 1998

Synopsis of specific exemptions from air permitting that were in effect on this date.

30 TAC 106 - Subchapter H Concrete Batch Plants

106.201 Permanent and Temporary Concrete Batch Plants (Previously SE71)
106.202 Temporary Concrete Batch Plants (Previously SE93)
106.203 Specialty Concrete Batch Plants (Previously SE117)

106.201 Permanent and Temporary Concrete Batch Plants (Previously SE 71)

Any permanently or temporarily located concrete plant that accomplishes wet batching, dry batching, or central mixing, and operates in compliance with the following conditions of this section is exempt. For purposes of this section, a temporarily located concrete facility is one that occupies a designated site for not more than 180 consecutive days or supplies concrete for a single public works project or for the same contractor for related project segments, but not other unrelated projects.

(1) All stockpiles shall be sprinkled with water and/or dust-suppressant chemicals as necessary to achieve maximum control of dust emissions. The stockpile sprinkler system shall be operable at all times.

(2) A mechanism shall be installed on each bulk storage silo to warn operators when the silo is full.

(3) All permanent in-plant roads (batch truck and material delivery truck roads) shall be paved with a cohesive hard surface that can be repeatedly swept, washed, and maintained intact and cleaned as necessary to achieve maximum control of dust emissions. All batch trucks and material delivery trucks shall remain on a paved surface when entering, conducting primary functions, and leaving the property. Other areas on the property subject to vehicle traffic shall be watered, treated with dust-suppressant chemicals, oiled, or paved and cleaned as necessary to achieve maximum control of dust emissions.

(4) The cement weigh hopper shall be vented to its own fabric filter or the central collection system specified in paragraph (6) of this section.

(5) All bulk storage silos shall be equipped with fabric filter(s) having a maximum filtering velocity of 4.0 feet per minute (ft/min) with mechanical cleaning or 7.0 ft/min with automatic air cleaning or shall be vented to the central collection system specified in paragraph (6) of this section.

(6) The dust emissions at the batch drop point (drum feed for central mix plants) shall be controlled by a shroud or other pickup device delivering a minimum of 4,000 actual cubic feet per minute of air to a fabric filter with automatic air cleaning and a 7.0 ft/min maximum filtering velocity, or automatic sequenced mechanical cleaning (not manually activated) and a 5.25 ft/min maximum filtering velocity.

(7) Unless the facility is to be located temporarily in or contiguous to the right-of-way of a public works project, public notice and opportunity for public hearing, as specified in § 106.5 of this title (relating to Public Notice), must be published and documentation provided to the commission. A temporarily located plant exempt from public notice may provide concrete for the same contractor for project segments with the same governmental entity, but may not produce concrete for other unrelated projects or other governmental entities.

(8) Spillage of cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened so that dust emissions from wind erosion and/or vehicle traffic are minimized.

(9) All open-bodied vehicles transporting material from a dry batch plant to the paving mixer(s) shall be loaded with a final layer of wet sand and/or the truck shall be covered with a tarp to reduce the emissions of dust to the minimum level possible under existing conditions.

(10) Before construction of the facility begins, written site approval shall be received from the executive director and the facility shall be registered with the commission's Office of Air Quality in Austin using Form PI-7, including a current Table 20.

106.202 Temporary Concrete Batch Plants (Previously SE 93)

Any temporarily located concrete facility that accomplishes wet batching, dry batching, or central mixing and operates according to the following conditions of this section is exempt. For purposes of this section, a temporarily located concrete facility is one that occupies a designated site for not more than 180 consecutive days or supplies concrete for a single public works project or for the same contractor for related project segments, but not other unrelated projects.

(1) All bulk storage silos, including auxiliary bulk storage trailers (pigs), shall be equipped with fabric filter(s) having a maximum filtering velocity of 4.0 feet per minute (ft/min) with mechanical cleaning or 7.0 ft/min with automatic air cleaning or are vented to the central collection system specified in paragraph (6) of this section.

(2) The cement weigh hopper shall be vented to a control device which eliminates visible emissions or vented inside the charging hopper of the transit mix truck if controlled by a suction shroud.

(3) A visible and/or audible warning mechanism shall be installed on each silo or auxiliary bulk storage trailer to warn operators that the silo or trailer (pig) is full.

(4) All in-plant roads (batch truck and material delivery truck roads) and areas between stockpiles and conveyor hoppers shall be watered, treated with dust-suppressant chemicals, oiled, or paved with a cohesive hard surface that can be repeatedly swept, washed, and maintained intact and cleaned as necessary to achieve maximum control of dust emissions.

(5) All stockpiles shall be sprinkled with water and/or dust-suppressant chemicals as necessary to achieve maximum control of dust emissions. An operable stockpile watering system shall be on-site at all times.

(6) Loading of rotary mix trucks at wet batch plants shall be through a discharge spout equipped with a water fog ring having low-velocity fog nozzles spaced to create a continuous fog curtain that controls dust emissions, or through a suction shroud which is vented to a central collection system with a minimum of 4,000 actual cubic feet per minute (acfm) of air to a fabric filter with air cleaning and a 7.0 ft/min maximum filtering velocity or automatic sequenced mechanical cleaning and a 5.25 ft/min maximum filtering velocity.

(7) Dust emissions from the loading of open-bodied trucks at the batch drop point of dry batch plants, or dust emissions from the drum feed for central mix plants shall be controlled by a suction shroud which is vented to a central collection system with a minimum of 4,000 acfm of air to a fabric filter with air cleaning and a 7.0 ft/min maximum filtering velocity or automatic sequenced mechanical cleaning (not manually activated) and a 5.25 ft/min maximum filtering velocity. Suction shrouds at dry batch plants shall be used for closure over the receiving vehicle compartment or bed.

(8) Spillage of cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened so that dust emissions from wind erosion and/or vehicle traffic are minimized.

(9) The facility (including associated stationary equipment and stockpiles) shall be located at least 300 feet from any recreational area, school, residence, or other structure not occupied or used solely by the owner of the property upon which the facility is located. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to pour concrete when the facility is located on or contiguous to the project.

(10) Unless the facility is to be located temporarily in or contiguous to the right-of-way of a public works project, public notice and opportunity for public hearing, as specified in § 106.5 of this title (relating to Public Notice), must be published and documentation provided to the commission. The temporarily located plant exempt from public notice may provide concrete for the same contractor for project segments with the same governmental entity, but may not produce concrete for other unrelated projects or other governmental entities.

(11) All open-bodied vehicles transporting material from a dry batch plant to the paving mixer(s) shall be loaded with a final layer of wet sand and/or the truck shall be covered with a tarp to reduce the emissions of dust to the minimum level possible under existing conditions.

(12) Before construction of the facility begins, written site approval shall be received from the executive director and the facility shall be registered with the commission's Office of Air Quality in Austin using Form PI-7, including a current Table 20. The current Table 20 shall be on file at each plant site.

(13) The appropriate regional office and local air pollution agency shall be notified when the plant changes location and prior to starting operations at each plant site.

106.203 Specialty Batch Plants (Previously SE 117)

Any specialty wet batch, concrete, mortar, grout mixing, or pre-cast concrete products plant that operates according to the following conditions of this section is exempt.

(1) Plant capacity shall not exceed 30 cubic yards per hour with mixer size not to exceed 2.5 cubic yards.

(2) All stockpiles are sprinkled with water and/or chemicals as necessary to achieve maximum control of dust emissions.

(3) Dust emissions at the batch mixer feed shall be controlled by a water spray device which eliminates visible emissions, or a pickup device delivering air to a fabric filter with automatic air cleaning and a 7.0 feet per minute (ft/min) maximum filtering velocity, or automatic sequenced mechanical cleaning and a 5.25 ft/min maximum filtering velocity, or the entire mixing operation is conducted inside the enclosed process building such that no visible emissions from the building occur during mixing activities, or the batch mixer feed is enclosed such that no visible emissions occur.

(4) Fabric filter(s) with a maximum filtering velocity of 4.0 ft/min with an acceptable method of cleaning shall be installed on each storage silo or the silo shall be vented to the control collection system.

(5) A visible and/or audible warning mechanism shall be installed on each silo for warning operators that the silo is full, so that it will not be overloaded at any time.

(6) All permanent in-plant roads (batch truck and material delivery truck roads) are oiled or paved and cleaned as necessary to achieve maximum control of dust emissions. Other areas on the property subject to vehicle traffic shall be oiled or sprinkled with water as necessary to achieve maximum control of dust emissions.

(7) The transfer of cement from the storage silo(s) shall be handled through closed conveying systems with no visible fugitive emissions.

(8) The cement weigh hopper shall be vented to a control device which eliminates visible emissions, or shall be vented inside the batch mixer.

(9) Good housekeeping measures shall be maintained at all times.

(10) Before construction of the facility begins, written site approval is received from the executive director and the facility shall be registered with the commission's Office of Air Quality in Austin using Form PI-7, including a current Table 20.

(11) Unless the plant is to be located temporarily in the right-of-way of a public works project, public notice and opportunity for public hearing, as specified in § 106.5 of this title (relating to Public Notice), has been published and documentation thereof has been provided to the commission.

Questions? We Can Help

If you have questions contact us.