Document B8LxEqK2Vw87XY5rg7EZQo67j

. ` i. 'XT 25 '94 08:03AM DC<ONJ?TCP TH _ UNITED STATES ENVIRONMENTAL protection agency regions IMS PO$S AVENUE. SUITE '2T0 C-AL1.AS.TX 7S202-27M P.4/4 WAY 1 0 'SS4 ^V Jerry Lauderdale Director Division oS Occupational Health Texas Department cf Health 1100 west 40th Street Austin, Texas ?s?E6-;i?9 %c, JUi, *U4f, in./ % Dear Xr. Lauderdale: In 1990, Congress enacted the Asbestos School Hazard Abatement Reauthoriration Act (ASMARA). This lav aasended the Asbestos Haaard Ztergency.Response Aot (AKKRA) to extend training and accreditation requirements to certain parsons performing verb in publio end commercial buildings. ASMARA also directed the Environmental protection Agency (EPA) to revise its Xodel Accreditation Plan. Zn response to chat mandate, on February 3, 1994, the Asbestos Xodel Accreditation Plan (MAP)> Interim Pinal Rule vae published In the Federal Register. This revised MAP replaces the original MAP Found at 40 era part 763, Subpart , Appendix C. The revised MAP requires that eaoh State "shall adopt an accreditation program that is at least as stringent as this XA? within iso days after the commencement of the first regular session of the legislature of the State that is convened on or after April 4, 1994." It is my understanding that the Texas legislature will next meet on January 10, 1995. Within 160 days of that date, an accreditation plan at least as stringent as the revised KAP must be adopted. Should tha 160 day deadline r.ot be met, Texas will no longer have authority to train persons or Issue accreditation that satisfies the requirements of the Toxic substances control Act (TSCA) section 206(a), cr to approve training course providers to conduct tsca training or issue tsca accreditation. A training provider approved by Texas would .automatically lose State approval. Training providers losing State approval in this manner will become i?a approved if the provider has salf- certified ei';d is otherwise in compliance with the revised XA?. we urge you to initiate the process by which the Texas Department of Health cculd adopt an asbestos accreditation program as atrlncsr.t as the ravised'MAP. An essential part cf the revised MAP i* the extension of accreditation requirements to certain asbestos professionals and workers in public and commercial buildings. $ .2 We look forward to working with you to continue a strong Texas asbestos accreditation program. Your existing program has helped insure that, asbestos professionals in Texas receive tha training needed to identify, manage, and abate asbestos. The changes prescribed by the revised MAP should strengthen your program and ensure that asbestos activities are carried ,put with appropriate concorn for human health and the environment. Should you have questions, or seek further clarification, you may contact Steve Vergo, of my staff, at 214-6IB 7581. ^Sinapralyyoure, / //-#*^1/,+ / [i A. Stanley K^ibuf jA Director ( J Air, Pesticides and Toxics Division (6T> r.:. ARD 040991 XT 25 '94 09:02AM EXXON BTCP IH v / P.3/4 AN ACT relating to the regulation of persons engaged in removing asbestos from public and commercial buildings ot disturbing, encapsulating, enclosing, performing asbestos surveys, developing management plans or response actions, designing projects, collecting or analyzing asbestos samples, monitoring for airborne asbestos, transporting, or training. BB IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS; SECTION l. Section 2 (l 1}, Texas Asbestos Health Protection Act (Article 44773a, VemoQ'a Texas Civil Statutes), Is amended to read as follows: Sec. 2(11) "PUBLIC BUILDING" means the Interior space of any fnl building used or to be used for purposes that provide for public access or occupancy or for commercial purposes. Tho term includes (be building during a period of vacancy, including during preparations prior to and through actual demolition. The term Includes hut Is not limited to industrial and office buildings, residential apartment buildings snd condominiums of S or mote dwelling units, government-owned bulldinrs. colleges, schooli. pre-schools. museums, airports, iads. prisons, hospitals, cfaurches^ttor, yjaatouic^ antLfaetoriet. Inferior sosoe includes exterior hallways connecting buildings, porticos^ and.mechanical systems used to condition interior, soacn _ The.term does not.Include i detached single family residence. (The term doe* not include: (A) an industrial facility to which access is limited principally to employees of the facility because of processes or functions that are hazardous to human safety or health; (B) a federal building or installation; (Q a private residence; (D) an apartment bunding with no more than four dwelling units; or (E) a manufacturing facility or building that la part of a facility that is limited to workers and Invited guests under controlled conditions.] See. 2(6.5) "DEMOLITION" means the razing process of the building or facility to include the foundation processing, grading, revegetation, grubbing, transportation and disposal of all demolition waste material, 'Actual demolition' begins when sny of the activities of the demolition begin with the intent to destroy and remove (setno or) ill paru of the building or facility. ARD 040992 :CT 25 '94 08:02RM EXXON BTCP IH P.2/4 Toxas Asbestos Health Protection Act TO: TCC Environmental Health Steering Committee FROM: John T. Solook 10/25/94 As you know thi subject Act became effective Sep l, 1991 and contained a definition of "Public Building" that permitted an exemption for a manufacturing faaility or building that is part of a facility that is limited to workers and invited guests under controlled conditions. Well, in order for the state to come into compliance with the EPA Asbestos Model Accrediation Plan, interim Final Rule, February 3, 1994 in the federal register some changes have to be made :Ln the definition. I believe the current thinking is to modifiy the definition in the Aot and possible go to the BOARD in December or possibly to the legislature in Jan as TDH has iao days from the opening of the session to get the change in. WHAT DOES ALL 'i.'HIS MEAN? WELL, IT LOOKS AS THOUGH THE DEFINITION WILL BE CHANGED. HOW, I AM NOT SURE AT THIS TIME BUT I HAVE BEEN ASKED BY TDH TO TAKE PART IN A SUBCOMMITTEE TO HELP REDEFINE A PUBLIC BUILDING. What I need is some input as the meeting will be either this Friday 10/28 or Monday 10/31 and as best I can get now is that Jerry Lauderdale thinks we should go for some sort of compromise in that we define a comn.erical building similar or put wording in to the effect that a third party will be involved with design and monitoring the j 3b while another party will do the work. What the state is concerned with is that the fox is not watching the chicken. They are real uncomfortable with a "turn-key" operation where one contractor does it all. So with that option eliminated our position should be one of accepting a third party overview. How we propose this is important. It looks as though member oompanies will have to have a few licensed designers or inspectors on hand for project design and then use a third party for inspection and clearance as well as compliance with TDH as well as OSHA. For you information I have enclosed copies of the appropriate documents. Pleaue let me know your opinions. Tel. 713-425-1141 or FAX 713-425-5757 T fAcKAte i//& peoex TAX-IU$ Pr F6U) ARD 040993 :bir 7/15/94 TCC ENVIRONMENTAL HEALTH STEERING C 3. A. Reeves _ee T. Freeland Joseph C. Luspin Samuel K. Norwood Don Pringle N. T. Washam, MD 3erry Yalcinkaya Mark Shilling Shell Oil Company Du Pont - Beaumont Works ARCO Chemical Dow Chemical Co. Texas Eastman Co. Aluminum Company of America Union Carbide Texas Chemical Council From: J. T. Solook Exxon Chemical Americas ARD 040994