The Texas Commission on Environmental Quality is evaluating how to carry out two newly enacted state laws that could strengthen oversight of concrete batch plants across Texas.
One measure, Senate Bill 763, directs the commission to conduct air quality permit reviews for concrete batch plants every eight years. Under previous rules, the agency conducted these reviews on a voluntary basis every 10 years.
Another measure, Senate Bill 2351, authorizes the commission to impose updated and more stringent air quality standards on batch plants that have not started construction and request extensions to begin building at a later time.
Concrete batch plants release particulate matter into the air, which the U.S. Environmental Protection Agency identifies as harmful to human health.
State Sen. Carol Alvarado, a Democrat from Houston, authored both laws. She said the legislation improves oversight of concrete plants, though she acknowledged that additional progress remains necessary.
“This is not completely where we want to go, but it is getting us to a better place,” Alvarado said.
Environmental advocates continue to urge the commission to adopt tougher enforcement measures. Genesis Granados, environmental justice programs manager for Air Alliance Houston, said communities expect the agency to fully use its authority to protect residents from pollution.
“We are asking the TCEQ to, overall, use its authority to ensure that communities are protected,” Granados said.
Air Alliance Houston organized a trip to Austin in November that brought residents to a public hearing on how the commission plans to implement the new laws.
Among those who testified were eighth-grade students Gavin Linley-Elwell and Esteban De La Rosa from the Houston area.
Both students said the placement and regulation of concrete batch plants raises concerns about fairness and environmental equity.
“I didn’t know that people who didn’t look like me or Esteban, or didn’t live in my neighborhood, had to deal with concrete batch plants close to their homes, which is dangerous,” Linley-Elwell said.
De La Rosa shared similar concerns.
“I don’t think it’s right that some communities have so many concrete batch plants while ours has one that isn’t even that close,” he said.
Industry representatives supported the legislation during the most recent legislative session. The Texas Aggregate & Concrete Association said the new laws preserve the standard permit system while allowing updated scientific data and environmental protections to factor into regulation.
“TACA recognizes that both measures maintain a streamlined and predictable permitting process while ensuring that evolving science and environmental safeguards remain part of the regulatory framework,” association president and chief executive Andrew Pinkerton said in a statement.
The commission must finalize rules for Senate Bill 763 no later than March 1. The agency continues to work on the rulemaking process for Senate Bill 2351.
The Texas Commission on Environmental Quality directed Houston Public Media to its website for updates on the status of the new rules.