89R4563 CMO-D
By: Reynolds H.B. No. 1341
A BILL TO BE ENTITLED
AN ACT
relating to establishment of maximum allowable ground level
concentrations of hydrogen sulfide by the Texas Commission on
Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0217 to read as follows:
Sec. 382.0217. MAXIMUM ALLOWABLE GROUND LEVEL
CONCENTRATIONS OF HYDROGEN SULFIDE. (a) To protect public health,
the commission shall:
(1) by rule establish maximum allowable ground level
concentrations of hydrogen sulfide; and
(2) subject to Subsection (b), review the latest
health studies regarding hydrogen sulfide emissions and reevaluate
the maximum allowable concentrations at least once every five
years.
(b) In establishing the maximum allowable concentrations,
the commission:
(1) may establish different concentrations based on
whether an area is used for residential, recreational, business,
commercial, or agricultural purposes; and
(2) may not allow any person to cause or allow
emissions of hydrogen sulfide from a source or sources operated on a
property or multiple sources operated on contiguous properties to
exceed a net ground level concentration of:
(A) 0.04 parts per million averaged over any
30-minute period if the downwind concentration of hydrogen sulfide
affects a property used for residential, recreational, business, or
commercial purposes; or
(B) 0.06 parts per million averaged over any
30-minute period if the downwind concentration of hydrogen sulfide
affects only property used for purposes other than residential,
recreational, business, or commercial purposes.
(c) The commission by rule shall classify a violation of the
allowable ground level concentrations established by this section
as having major significance under Section 5.754, Water Code.
SECTION 2. Not later than September 1, 2026, the Texas
Commission on Environmental Quality shall adopt rules required by
Section 382.0217, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2025.