WITHDRAWAL
NOTICE OF PROPOSED RULES
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 Those proposed rules will be withdrawn and revised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