Current through Reg. 49, No. 38; September 20, 2024
(a)
Adoption by reference. The Executive Commissioner of the Health and Human
Services Commission (executive commissioner) adopts by reference and enforces
the following asbestos-related federal regulations as part of this chapter:
(1) the asbestos-specific provisions of the
National Emission Standards of Hazardous Air Pollutants specific to asbestos,
40 CFR Part 61, Subpart M, regarding demolition and renovation activities:
§61.140, adopted effective November 20, 1990; §61.141, amended
effective June 19, 1995; §61.145, amended effective January 16, 1991;
§61.146, amended effective June 19, 1995; §61.148, adopted effective
November 20, 1990; §61.150, amended effective November 17, 2003;
§61.152, amended effective November 20, 1990; §61.156, amended
effective August 19, 2004; §61.157, adopted effective November 20, 1990;
and Appendix A, amended effective June 19, 1995; and
(2) except as otherwise provided in this
paragraph, 40 CFR Part 763, Subpart E, (relating to Asbestos-Containing
Materials in Schools) adopted under the Asbestos Hazard Emergency Response Act:
§§763.80-763.86, adopted effective October 30, 1987; §763.87,
amended effective June 19, 1995; §763.88, adopted effective October 30,
1987; §763.90, amended effective August 3, 2012; §763.91 and
§763.92, amended effective November 15, 2000; §§763.93-763.97,
adopted effective October 30, 1987; §763.98, amended effective October 13,
2005; §763.99, adopted effective October 30, 1987; Appendix A, adopted
effective October 30, 1987; Appendix C and Appendix D, amended effective August
23, 2019; and Appendix E, amended effective June 19, 1995. The executive
commissioner does not adopt from Appendix C (relating to Asbestos Model
Accreditation Plan), the Environmental Protection Agency's (EPA) recommended
project monitor accreditation category in its Asbestos Model Accreditation
Plan.
(b) References to
federal standards, guidance, and analytical methods. The executive commissioner
references the following asbestos-related federal regulations, guidance
documents, and analytical methods in this chapter:
(1) the provisions of the National Institute
of Standards and Technology, 15 CFR Part 285, §§ 285.1-285.3,
§§ 285.5-285.14, effective May 30, 2001, §285.4, amended
effective December 20, 2011, and §285.15 amended effective July 3, 2007
(relating to National Voluntary Laboratory Accreditation Program);
(2) the provisions of OSHA, 29 CFR Part 1910,
Subpart H, §1910.120, amended effective July 15, 2019 (relating to
Hazardous waste operations and emergency response);
(3) the provisions of OSHA, 29 CFR Part 1910,
Subpart I, §1910.132, amended effective January 17, 2017 (relating to
General requirements);
(4) the
provisions of OSHA, 29 CFR Part 1910, Subpart I, §1910.134, amended
effective July 8, 2011 (relating to Respiratory protection);
(5) the provisions of OSHA, 29 CFR Part 1910,
Subpart Z, §1910.1001, amended effective July 15, 2019, Appendix A,
amended effective October 11, 1994, and Appendix B, amended effective June 29,
1995 (relating to Asbestos);
(6)
the provisions of OSHA, 29 CFR Part 1910, Subpart Z, §1910.1200, amended
effective February 8, 2013 (relating to Hazard Communication);
(7) the provisions of OSHA, 29 CFR Part 1926,
Subpart C, §1926.32, amended effective June 30, 1993 (relating to
Definitions);
(8) the provisions of
OSHA, 29 CFR Part 1926, Subpart Z, §1926.1101, amended effective July 15,
2019 (relating to Asbestos);
(9)
the provisions of EPA, 40 CFR Part 763, Subpart G, effective December 15, 2000
(relating to Asbestos Worker Protection);
(10) the provisions of Pipeline and Hazardous
Materials Safety Administration, 49 CFR Part 172, Subpart H, §172.700 and
§172.701, effective May 15, 1992, §172.702, amended effective, May
30, 1996, and §172.704, amended effective December 23, 2015 (relating to
Hazardous materials table, special provisions, hazardous materials
communications, emergency response and information, training requirements, and
security plans);
(11) the NIOSH
7400 analytical method, entitled, "Asbestos and Other Fibers by PCM," published
in the NIOSH Manual of Analytical Methods, Fifth Edition, Third Issue, June 14,
2019;
(12) the EPA/600/R-93/116
analytical method, entitled, "Method for the Determination of Asbestos in Bulk
Building Materials," July 1993; and
(13) the EPA Publication for O&M
activities entitled, "Managing Asbestos in Place: A Building Owner's Guide to
Operations and Maintenance Programs," (also known as the EPA Green Book), July
1990.
(c) Availability.
Links to the documents in subsection (a) and (b) of this section are available
on the DSHS's Asbestos Program website,
http://www.dshs.texas.gov/asbestos/.
Copies of the documents listed in subsection (a) of this section are available
for review during normal business hours at DSHS's Consumer Protection Division
office in Austin, Texas, and at DSHS regional offices.
