Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998 Page: 12,355
12311-12450 p. ; 28 cm.View a full description of this periodical.
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sets a minimum standard. There is nothing here that gives
the department the authority to impose greater standards. No
change was made as a result of this comment.
Comment Concerning 295.31(c)(3), one commenter asked
what "in a manner consistent with" means.
Response: The department intends to enforce the requirements
of the MAP. Where the MAP requires accreditation and a license
is not required, then the minimum accreditation will be required.
Comment Concerning 295.32, several commenters asked
about the status of some definitions of "Act, Air monitor-
ing, AHERA, AIHA, Asbestos, Asbestos abatement, Asbestos
abatement activity, Asbestos abatement supervisor, Asbestos
abatement contractor, Asbestos consulting activities, Asbestos-
containing waste material, Asbestos exposure, Asbestos pro-
ject design, Asbestos-related activity, Asbestos removal, As-
bestos survey, Board, Building owner, CFR, Commercial as-
bestos, Commissioner, Containment, Department, Designated
person, Encapsulation, Enclosure, EPA, Environmental Pro-
tection Agency (EPA) regulations, Facility Facility owner, Fri-
able material, HVAC, Independent third-party Air monitor, In-
dividual, Installation, Ucense, Ucensee, Management plan,
Model accreditation plan, NESHAP, NIOSH, NVLAP, Operations
and maintenance (O&M) contractor, Operations and mainte-
nance (O&M) manual, OSHA, OSHA Regulations, PAT, PCM,
PLM, Person, Public building, Regulated area, Renovation,
TEM, Transportation of asbestos containing material (ACM),
and Working days".
Response: The department had omitted these definitions
from the rules as no change was being proposed to them.
However since the new numbering system is now required,
those definitions should have been included with the associated
new numbers. These unchanged definitions are therefore
included in this final rule together with the appropriate changes
in numbering.
Comment Concerning 295.32, one commenter suggested
adding a definition for "licensed" as follows: an accredited per-
son granted a license by TDH to perform in a field of asbestos
related activities as required by and in a manner consistent with
these rules.
Response: The department does not see the need to add
a definition for a term which is intrinsic. The requirements
for licensure in 295.31(e) and the use of the term licensed"
preceding asbestos abatement contractor, asbestos inspector,
asbestos training provider, etc., are used in a way that does not
need further definition. No change was made as a result of this
comment.
Comment Concerning proposed 295.32(1), one commenter
suggested adding the phrase, "or who has taken the refresher
courses specified in the MAP" after the sentence which ends
"within the last year."
Response: A approved asbestos model accreditation plan train-
ing course includes applicable refresher courses. The depart-
ment has changed this definition to include state approved
courses.
Comment Concerning proposed 295.32(2) now renumbered
to 295.32(3), definition of "Adequately wet," several com-
menters suggested that the definition be more specific to de-
scribe that for material to be adequately wet it must be wet
"clear through with no dry material". Two commenters sug-gested deleting the last sentence of the definition to reduce am-
biguity. One commenter suggested that it is extremely difficult,
if not impossible to wet certain material "all the way through."
Response: The department agrees, and has made changes to
the definition, now listed as new (3) in order to convey that no
part of the material may be dry. The department agrees that not
all material can be wetted "all the way through". However, every
effort must be made to adequately wet material, and where it
is possible to wet the material all the way through, it must be
done.
Comment Concerning proposed 295.32(3) now renumbered
to 295.32(13), definition of "Asbestos-containing building ma-
terial (ACBM)," one commenter suggested that the definition
is not necessary, since it is virtually the same as Asbestos-
containing material. One commenter suggests that friable
ACBM could better be described as the release of asbestos
fibers, fibrils, bundles and/or clusters.
Response: The department disagrees that the definition is
unnecessary. There is a need to keep the definition to establish
the difference between a material that is asbestos containing
and an asbestos containing building material in order to be
in compliance with the MAP, where the term ACBM is used.
Additionally, certain rules only apply specifically to building
materials and not necessarily to ACM in general. Regarding the
comment about friable ACBM, the definition of friable material
is sufficient No change was made as a result of this comment.
Comment Concerning proposed 295.32(4) now renumbered
to 295.32(14), definition of "Asbestos-containing material,"
several commenters noted that EPA Section 40 CFR 763 Sub-
part F is "Reserved" and therefore should not be referenced,
and 40 CFR 763 Subpart E, Appendix A contains the transmis-
sion electron microscopy (TEM) analysis for air samples, with
no reference to bulk asbestos analysis. It was recommended
that TDH reference "Method for the Determination of Asbestos
in Bulk Building Materials." EPA/600/R-93/116, July 1993.
Response: The department agrees and has made the appro-
priate changes as recommended to new 295.32(14).
Comment Concerning proposed 295.32(5) now renumbered
to 295.32(20), definition of "Asbestos reporting unit (ARU),"
several commenters suggested that we change "27 cubic feet"
to "35 cubic feet" to be consistent with the Environmental Pro-
tection Agency (EPA) National Emission Standard for Haz-
ardous Air Pollutants (NESHAP). One commenter suggested
adding "for public buildings or RACM for facilities as defined
under NESHAP."
Response: The department agrees with changing 27 cubic
feet to 35 cubic feet, and that the ARU needed clarification
as suggested, and has made the appropriate changes to new
295.32(20).
Comment Concerning proposed 295.32(6) now renumbered
to 295.32(23), several commenters noted that the term "build-
ing owner" is used in 295.34(d)(4) and 295.61(b). The com-
menter suggested that we remove the words "public or commer-
cial" from the definition of "building owner" and refer to the build-
ing as a public building under each specific section as needed
to distinguish when we are referring to a public building or use
"public and commercial" in order to specify when we mean both
public and commercial. As it is, the department has referred to
a building owner in the referenced sections when they should
have said "public" building owner. One commenter was con-ADOPTED RULES December 4, 1998 23 TexReg 12355
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Texas. Secretary of State. Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998, periodical, December 4, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379980/m1/55/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.