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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER CTEXAS ASBESTOS HEALTH PROTECTION
RULE §295.33Adoption by Reference of Federal and Other Standards

(a) Adoption by reference. The Texas Department of Health (department) adopts by reference the following federal laws and regulations, as amended, in the Code of Federal Regulations (CFR). To the extent that the Department has delegated authority, these laws and regulations are part of the state regulations and are enforced by the department:

  (1) 40 CFR Part 61, Subpart M, titled, "National Emission Standard for Asbestos" (NESHAP), July 1, 1997, as amended; and

  (2) 40 CFR Part 763, Subpart E, and Appendices A, B, C, and D, titled, "Asbestos" July 1, 1997, as amended.

(b) Availability. Copies of the documents in subsection (a) of this section are available for review at any department licensed training provider or the Texas Department of Health, Toxic Substances Control Division, Austin, Texas, department regional office, or local health program under contract to the asbestos branch, and may be reviewed during normal business hours.

(c) State versus federal standards. In certain instances the state requirements in the Texas Asbestos Health Protection Act and/or these sections are more stringent than the federal standards listed in subsection (a) of this section. In such cases the state requirements shall prevail.


Source Note: The provisions of this §295.33 adopted to be effective October 20, 1992, 17 TexReg 6901; amended to be effective September 22, 1994, 19 TexReg 7098; amended to be effective December 13, 1998, 23 TexReg 12353.

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