| (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.
(d) State and federal standards. A requirement otherwise
stated in applicable state statute or this chapter that is more stringent
than a federal standard adopted by reference in subsection (a) of
this section must be met.
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