Texas Register, Volume 22, Number 80, Pages 12189-12342, December 12, 1997 Page: 12,225
12189-12342 p. ; 28 cm.View a full description of this periodical.
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for a period of time that exceeds the shelf life of the product if that
is longer than two years.
(c) Records shall be made available for inspection upon
verbal request of any authorized agent of the department at any
reasonable time.
(d) All brand names or trade names used on packages or
containers holding crab meat shall be registered with the SSD prior
to being used.
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Issued in Austin, Texas, on November 26, 1997.
TRD-9716012
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: January 12, 1998
For further information, please call: (512) 458-7236Chapter 295.
Occupational Health
Texas Environmental Lead Reduction
25 TAC 295.201-295.216, 295.218-295.220
The Texas Department of Health (department) proposes
amendments to 295.201-295.216 and 295.218-295.220,
concerning the certification and accreditation for lead-based
paint activities in target housing and child-occupied facilities.
These sections are proposed to comply with House Bill 729,
75th Legislature, 1997, to expand the department's existing
rules by including child-occupied facilities. Also, these pro-
posed rules will bring Texas into compliance with the U.S.
Environmental Protection Agency's (EPA) final lead-based
paint regulations in order to become an EPA authorized state,
thus allowing the department to assume full authority for the
state lead certification and accreditation program. Many of
the proposed changes are consistent with EPA language
and regulation, and none of the proposed changes are more
restrictive or exceed the minimum program requirements of
federal law and rules.
Section 295.201, adds child-occupied facilities to rules applica-
bility with a compliance date of June 1, 1998.
Section 295.202 is modified mostly for clarification purposes,
but adds the definitions for child-occupied facilities, elevated
blood lead level (EBL), ELNS (Environmental Lead Notification
Section), friction surface, impact surface, and zero-bedroom
dwelling.
Section 295.203 is retitled to clarify that the reference materials
are Federal Documented Methodologies as referenced through-
out the rules.
Section 295.204 is amended to add the following provisions:
the requirement for an accredited trainer to pay a $100 fee
for each additional course to amend its existing accreditation;
changing the experience qualifications of the training manager
and principal instructor and requiring that these qualifications
be submitted with an application; reducing the instructor's re-
quired 24 hours of training to 16 hours; requiring that a sample
course certificate which will be given to students upon success-ful course completion be submitted with an application; chang-
ing the department's amount of time for approving or disap-
proving an application from 30 days to 90 days; adding the pro-
vision that the program manager and principal instructor may
be one person, provided that person meets the requirements
of 295.204(d)(1)&(2); requiring accredited training providers
to submit to the department a list of individuals who success-
fully completed training courses offered by that trainer; requiring
that the department be notified of all scheduled training courses
seven days prior to their commencement; adding the require-
ment for trainers to specifically cover the Texas Environmental
Lead Reduction Rules in all training courses, with the excep-
tion of the risk assessor course; and reducing the project de-
signer refresher course from an eight-hour course to a four-hour
course.
Section 295.205 includes new provisions for denying an appli-
cation for certification where an applicant fails to pass the state
certification examination after three attempts within six months
or an applicant cheats on the examination. A provision has
also been put in place to allow an applicant to appeal a denial
of an application or request to renew a certification. In addi-
tion, the maximum time period for processing an application for
certification or granting certification once an applicant has met
the minimum qualifications has been reduced from 90 days to
60 days. Furthermore, a provision has been included for reim-
bursement of application fees, less a small processing fee, from
individuals and firms who do not qualify for certification and who
request a refund. Finally, this section institutes an annual fee
reminder notification system to assist certified individuals and
firms in keeping their certification current by paying the required
fee on time.
Sections 295.206, 295.207, and 295.208 are amended to add
the requirements of a state examination in order to obtain certi-
fication for inspector, risk assessor, and lead abatement super-
visor. An examination fee of $50 is proposed. Individuals who
apply for certification prior to June 1, 1998, will not be required
to take the examination. In addition, interim certification is re-
moved from all applicable sections, thus enabling the applicant
who meets all certification requirements to obtain full certifica-
tion without an intermediate step.
Sections 295.209, 295.210, and 295.211 have been restruc-
tured for clarification.
Section 295.212 is amended to add child-occupied facilities
applicability; allow risk assessors to prepare an inspection
report; include background information as part of a lead hazard
screen report; clarify what is to be included in a risk assessment
report; delete the requirement of a minimum number of units to
determine whether a risk assessor or project designer prepares
the occupant protection plan and abatement report; require that
an occupant protection plan be implemented for all abatement
projects and be at the worksite at all times during any abatement
activity; delete the requirement for exterior clearance sampling;
add monitoring of encapsulants and enclosures as part of the
abatement report, include waste disposal information as part of
the abatement report; and specify required clearance levels for
dust wipe samples.
Section 295.213 adds the certification requirement effective
June 1, 1998, for any persons offering or performing a lead-
based paint activity in a child-occupied facility.
Section 295.214 is amended as follows: requiring the certi-
fied firm to notify the appropriate department regional officePROPOSED RULES December 12, 1997 22 TexReg 12225
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Texas. Secretary of State. Texas Register, Volume 22, Number 80, Pages 12189-12342, December 12, 1997, periodical, December 12, 1997; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176721/m1/39/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.