Draft and Proposed Rules - Asbestos Program


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ANNOUNCING

Posted on September 20, 2019


To facilitate DSHS review or your comments, feel free to use the following template to submit your informal comments.  
Please limit your submission to new comments if you also submitted comments by email between June and August of 2019.    
Comments can be emailed to EHGRulesCoordinator@dshs.texas.gov.

Template – Informal Comment Submission Table


ANNOUNCING

Posted on August 29, 2019


INFORMAL COMMENT PERIOD FOR DRAFT TEXAS ASBESTOS HEALTH PROTECTION RULES EXTENDED


Tentative Asbestos Rule Timeline  

 September 2019  Informal Comment Period Ends 
 May 2020   Rule Presented at the HHSC Executive Council Meeting 
 July 2020   Rule Published in the Texas Register / 30-day Formal Public Comment Period Begins
 August 2020  30-day Formal Public Comment Period Ends  
 November 2020   Adopted Rule Published in Texas Register 
 November 2020    Earliest Rule Effective Date


Asbestos Rule Documents for Review  

Draft Texas Asbestos Health Protection Rules (TAHPR)
Draft TAHPR Table of Contents
Draft TAHPR Title Crosswalk
Asbestos Draft and Current Rule Change Summary – Updated August 2019 
 
The Texas Department of State Health Services (DSHS) is accepting informal comments on the draft asbestos rules from stakeholders through September 30, 2019.  The rule has been amended to reflect the considered evaluation of comments submitted in response to the November 2016 proposed rules.  DSHS will consider each comment received during the informal comment period but will be unable to provide an individual response to each commenter.  

Please include the following items for each comment submitted.    

  • The specific citation and page number for the referenced draft rule section. 
  • Recommended alternative language. 
  • A description of how your recommendation will affect public health and the regulated community.  

DSHS must adopt rules to administer and enforce the Texas Asbestos Health Protection Act (TAHPA) in a manner that is at least as protective of human health and safety as the minimum requirements of the TAHPA and the federal National Emission Standards for Hazardous Air Pollutants (NESHAP) and Asbestos Hazardous Emergency Response Act, Asbestos-Containing Materials in Schools (AHERA).  DSHS may not adopt rules that conflict with or fail to carry out the requirements in applicable federal regulations or state statutes.  Click on these links to access the current TAHPR, TAHPA, NESHAP, and AHERA regulations.    

You may provide comments to DSHS by mail or email.   

Mailing address: 
Texas Department of State Health Services
Attn: Environmental Hazards Group Rules Coordinator
PO Box 149347, MC 1987
Austin, TX 78714-9347

Email address: 
EHGRulesCoordinator@dshs.texas.gov 
Please write “Informal Comments for TAHPR” in the subject line.



ANNOUNCING

Posted on July 22, 2019



DRAFT TEXAS ASBESTOS HEALTH PROTECTION RULES AVAILABLE FOR STAKEHOLDER COMMENT

Draft Texas Asbestos Health Protection Rules (TAHPR)
Draft TAHPR Table of Contents
Draft TAHPR Title Crosswalk
Asbestos Draft and Current Rule Change Summary

The Texas Department of State Health Services (DSHS) is accepting informal comments on the draft asbestos rules from stakeholders through August 16, 2019.  The rule has been amended to reflect the considered evaluation of comments submitted in response to the November 2016 proposed rules.  DSHS will consider each comment received during the informal comment period but will be unable to provide an individual response to each commenter.  

Please include the following items for each comment submitted.  

  • The specific citation and page number for the referenced draft rule section. 
  • Recommended alternative language. 
  • A description of how your recommendation will affect public health and the regulated community.  

DSHS must adopt rules to administer and enforce the Texas Asbestos Health Protection Act (TAHPA) in a manner that is at least as protective of human health and safety as the minimum requirements of the TAHPA and the federal National Emission Standards for Hazardous Air Pollutants (NESHAP) and Asbestos Hazardous Emergency Response Act, Asbestos-Containing Materials in Schools (AHERA).  DSHS may not adopt rules that conflict with or fail to carry out the requirements in applicable federal regulations or state statutes.  Click on these links to access the current TAHPR, TAHPA, NESHAP, and AHERA regulations.  

You may provide comments to DSHS by mail, or email, or at one of the upcoming public meetings.   

Mailing address:
Texas Department of State Health Services
Attn: Environmental Hazards Group Rules Coordinator
PO Box 149347, MC 1987
Austin, TX 78714-9347

Email address:
EHGRulesCoordinator@dshs.texas.gov 
Please write “Informal Comments for TAHPR” in the subject line.

Public meetings: 10:00 a.m. – 12:00 p.m.

July 23, 2019
Harlingen
601 West Sesame Drive, Rockport Room
Harlingen, TX 78550

July 24, 2019
El Paso
401 East Franklin, Room 179
El Paso, TX 79901

July 31, 2019
Lubbock
6302 Iola Avenue, Rooms 201, 202, 203
Lubbock, TX 79424

August 1, 2019
Houston
5425 Polk Street, Rooms 4B, 4C, 4D, 4E
Houston, TX 77023

August 13, 2019
Arlington
1301 South Bowen Road, Room 2210
Arlington, TX 76013

August 15, 2019
Austin
8407 Wall Street, Room S125
Austin, TX 78754

DSHS will provide further information regarding the draft rules and the informal comment meetings as it becomes available.  If you have any questions regarding this message or the informal comment process, please send your questions via email to the EHG Rules Coordinator mailbox at EHGRulesCoordinator@dshs.texas.gov

Thank you for your interest in the Texas Asbestos Health Protection Rules. 

Asbestos Program
Division for Regulatory Services


WITHDRAWAL NOTICE OF PROPOSED RULES

Posted on May 5, 2017


The Executive Commissioner of the Health and Human Services is withdrawing the proposed asbestos rules for the Department of State Health Services (department).  The proposed rules were originally published in the November 11, 2016, issue of the Texas Register for a 60-day comment period.  The extended 60-day comment period resulted in numerous additional suggestions from commenters for changes beyond those offered during pre-publication opportunities for comment.  Certain questions, concerns, and confusion commonly expressed by numerous commenters reflected a need for further changes and clarifications in the rule text.   In addition, fiscal impacts were asserted that warrant re-evaluation to ensure that any such potential fiscal impacts, including to small and micro-businesses, are fully evaluated and that, where available and still protective of public health, alternatives are given appropriate consideration.

 

In light of these factors, additional time is being taken to ensure that such changes and clarifications are clearly communicated and explained, and reflect considered evaluation of the comments submitted in response to the November 2016 publication of proposed rules.  Those proposed rules will be withdrawn and revised proposed rules will be republished, with another opportunity for public comment and consideration of those comments, prior to adoption.    Once it is filed, the withdrawal will be available to be viewed by the public on the Secretary of State’s website at http://www.sos.state.tx.us/texreg/index.shtml, and will be subsequently published in the Texas Register. The Department’s Asbestos Program anticipates that this approach will help to ensure that the rule set ultimately adopted is responsive to certain common stakeholder concerns, improves clarity, and ensures that legal requirements related to the rulemaking are met.

 

The department will provide further information regarding the new proposed rule timeline and publication date as it becomes available.  If you have any questions regarding this message or the new proposed rule time line, please send your questions via email to the EHG Rules Coordinator mailbox at EHGRulesCoordinator@dshs.texas.gov.

 

Thank you for your interest in the Texas Asbestos Health Protection Rules. 

 

Asbestos Program
Division for Regulatory Services


Last updated September 26, 2019