ANNOUNCING
Posted July 12, 2021
TEXAS ASBESTOS HEALTH PROTECTION RULES ARE NOW EFFECTIVE
The Texas Asbestos Health Protection Rules took effect July 8, 2021. View copies of the rules at The Asbestos Program – Laws and rules.
Email Asbestos Help for technical questions or EHG Rules Coordinator for rule process questions.
ANNOUNCING
Posted June 25, 2021
TEXAS ASBESTOS HEALTH PROTECTION RULES ADOPTED IN TEXAS REGISTER
The Texas Asbestos Health Protection Rules were posted for adoption in the June 25, 2021 issue of the Texas Register.
View the June 25, 2021 issue of the Texas Register for more details. The repeal of Chapter 296, Subchapter C, Texas Asbestos Health Protection and Chapter 296 Texas Asbestos Health Protection are adopted on page 3880 of the Texas Register.
Technical questions regarding the rules can be emailed to AsbestosHelp@dshs.texas.gov.
Rule process questions can be emailed to the EHG Rules Coordinator.
ANNOUNCING
Posted March 26, 2021
PROPOSED TEXAS ASBESTOS HEALTH PROTECTION RULES AVAILABLE FOR STAKEHOLDER
COMMENT
Tentative
Asbestos Rules Timeline
| March 26, 2021 | Proposed Rules Published in the Texas Register
30-day Formal Comment Period Begins |
| April 26, 2021 | 30-day Formal Public Comment Period Ends |
| July 2, 2021 | Adopted Rules Published in Texas Register |
| July 6, 2021 | Earliest Rules Effective Date |
Asbestos Rules Documents for Review
Proposed Texas
Asbestos Health Protection Rules (TAHPR)
Proposed TAHPR Table
of Contents
Draft and Proposed
TAHPR Text Comparison
Formal
Comment Submission for the Proposed Asbestos Rules
The Texas Department of State Health Services (DSHS)
is accepting formal comments on the proposed asbestos rules from stakeholders
through April 26, 2021. The rules have
been amended to reflect the consideration of comments submitted in response to
the November 2016 proposed rules and the July 2019 draft rules. DSHS will consider each comment received
during the formal comment period and will provide a summary of the comments and
DSHS responses in the adoption preamble published in the Texas Register. DSHS is unable to provide an individual
response to each commenter.
To facilitate DSHS review, use the following template
to submit comments.
Template – Formal
Comment Submission Table
Comments may be emailed to: EHGRulesCoordinator@dshs.texas.gov.
Please include the following items for each comment
submitted.
- The specific
citation and page number for the referenced proposed 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 “Formal Comments for TAHPR” in the
subject line.
ANNOUNCING
Posted on May 19, 2020
TEXAS ASBESTOS HEALTH PROTECTION PROPOSED RULE POSTPONED
The scheduled asbestos proposed
rule has been postponed pending the agency’s COVID-19 response. An
updated timeline will be posted when available.
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