HB 302

89S20371 CMO-D
		By: Reynolds
  H.B. No. 302
  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 December 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 on the 91st day after the
  last day of the legislative session.