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A BILL TO BE ENTITLED
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AN ACT
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relating to establishment of maximum allowable ground level |
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concentrations of hydrogen sulfide by the Texas Commission on |
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Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.0217 to read as follows: |
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Sec. 382.0217. MAXIMUM ALLOWABLE GROUND LEVEL |
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CONCENTRATIONS OF HYDROGEN SULFIDE. (a) To protect public health, |
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the commission shall: |
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(1) by rule establish maximum allowable ground level |
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concentrations of hydrogen sulfide; and |
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(2) subject to Subsection (b), review the latest |
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health studies regarding hydrogen sulfide emissions and reevaluate |
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the maximum allowable concentrations at least once every five |
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years. |
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(b) In establishing the maximum allowable concentrations, |
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the commission: |
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(1) may establish different concentrations based on |
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whether an area is used for residential, recreational, business, |
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commercial, or agricultural purposes; and |
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(2) may not allow any person to cause or allow |
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emissions of hydrogen sulfide from a source or sources operated on a |
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property or multiple sources operated on contiguous properties to |
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exceed a net ground level concentration of: |
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(A) 0.04 parts per million averaged over any |
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30-minute period if the downwind concentration of hydrogen sulfide |
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affects a property used for residential, recreational, business, or |
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commercial purposes; or |
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(B) 0.06 parts per million averaged over any |
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30-minute period if the downwind concentration of hydrogen sulfide |
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affects only property used for purposes other than residential, |
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recreational, business, or commercial purposes. |
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(c) The commission by rule shall classify a violation of the |
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allowable ground level concentrations established by this section |
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as having major significance under Section 5.754, Water Code. |
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SECTION 2. Not later than September 1, 2026, the Texas |
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Commission on Environmental Quality shall adopt rules required by |
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Section 382.0217, Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |