SECTION 296.2. Reference of Federal Standards

(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.

Source Note: The provisions of this §296.2 adopted to be effective July 8, 2021, 46 TexReg 3880