Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998 Page: 12,366
12311-12450 p. ; 28 cm.View a full description of this periodical.
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Comment Concerning 295.53(c)(1), one commenter said that
this section is redundant
Response: The department disagrees. A client needs to know
that every office conducting management planning work must
have a management planner in residence who is responsible for
that work. No change was made as a result of this comment
Comment Concerning 295.53(f)(2), One commenter sug-
gested deleting the term "if workers compensation is required
by the specification or the owner" because Texas law requires
you to either have insurance or be self-insured.
Response: The department disagrees because it is a require-
ment under Section 4A of the Texas Asbestos Health Proteo-
tion Act (Texas Civil Statutes Article 4477-3a). No change was
made as a result of this comment
Comment Concerning 295.54, one commenter asked if the
Asbestos Analyst Registry still exists.
Response: Yes. The Asbestos Analyst Registry program is
administered by the American Industrial Hygene Association
(AIHA) and is designed for individual asbestos analysts per-
forming fiber-counting procedures on the job site.
Comment Concerning 295.54, one commenter said that there
was no need to eliminate the NIOSH Proficiency Analytical
Testing (PAT) Program for lab qualification. Reliance on the
single AIHA Program is not justified.
Response: The department has eliminated references to the
NIOSH PAT program because NIOSH no longer sponsors a PAT
program. Those duties have been taken over and coordinated
by AlIHA. Those references where deleted from 295.54(d)(1)
and (3). No change was made as a result of this comment
Comment Concerning 295.54(a), one commenter suggested
changing "phased-contrast microscopy" to "phase contrast mi-
croscopy" and also adding "AIHA" before "Asbestos Analyst
Registry." The same commenter recommended adding a sec-
tion (6): AIHA Bulk Asbestos Proficiency Analytical Testing Pro-
gram.
Response: The department agrees and has changed "phased"
to "phase." The department has added AIHA as requested.
Regarding adding paragraph (6) to 295.54(d). The department
understands, from our advisory committee, that the AIHA Bulk
asbestos PAT program is not currently equivalent to the NVLAP
program, but that they are in the process of developing a
program which may be equivalent in the future. The advisory
committee will continue to monitor their progress and may, in the
future, recommend inclusion of AIHA's program as an option.
Comment Concerning 295.54(a), one commenter suggests
waiving the license requirement for an out-of-state laboratory
since it Is an unnecessary business expense. The commenter
suggests that the laboratory notify the department in writing and
submit their laboratory accreditation only
Response: The department disagrees. According to The
Tea Asbestos Health Protection Ac Texas Civil Sttutes,
Article 4477-3a, Section 3(a)(7) unless a person is licensed
by the department, the person may not engage in providing
the analysis of bulk material samples for asbestos content or
aebastos concentration, or the analysis of airborne samples by
transmission electron microscopy, phase contrast microscopy,
polarized light mIcrocopy, scanning electron microcopy, oranother analytical method approved by the department No
change was made as a result of this comment
Comment Concerning 295.54(a), one commenter said that he
did not want to be required to list the persons with controlling
financial interest
Response: The department agrees and has removed the
sentence from 295.54(a).
Comment Concerning 295.54(d)(3), one commenter sug-
gests replacing the words "airborne asbestos" to "airborne
fibers" in the last line.
Response: The department agrees and has made the appro-
priate change.
Comment Concerning 295.54(d)(4), one commenter said that
the correct reference to NIOSH 7400 method is issue number
2, August 1994 and is not a revision.
Response: The department agrees and has made the appro-
priate changes to 295.54(d)(4) and (5).
Comment Concerning 295.54(d)(4), one commenter sug-
gests not to grant licenses to laboratories that are found to be
non-proficient until proof of proficiency can be re-established,
and the commenter suggested that participation in the PAT Pro
gram should not be substituted for proficiency in the program.
Response: The department agrees. The department checks
for current proof of proficiency when the license application is
submitted. AIHA provides a mechanism to re-test for proficiency
prior to the quarterly testing for those who do not pass a
particular round. No change was made as a result of this
comment.
Comment Concerning 295.54(d)(5), one commenter ques-
tioned how this section related to the Air Monitoring Technician
Response: An air monitoring technician must be working for a
properly accredited laboratory as specified in 295.54(e)(3) in
order to perform analysis in the field. No change was made as
a result of this comment
Comment Concerning 295.54(d)(5), one commenter sug-
gested deleting all reference to the Asbestos Analyst Registry
since it is believed that this is an individual requirement and
should be deleted from the qualification list for laboratories.
Response: The department disagrees. The laboratory must
maintain individual records for each analyst as required by
NIOSH 7400 to document the individual analyst's coefficient of
variation. No change was made as a result of this comment
Comment Concerning 295.54(e)(3), one commenter sug-
gested to reword the last sentence to say that records must
Indicate which samples were used for the 10% quality-control
analysis.
Response: The department agrees that this statement is
confusing. The commenter may have been misled and didn't
understand the type of sample. The samples referenced are the
Qualty Control/Quality Assurance (QA/QC) samples, not the
field blanks. The language has been appropriately modified. It
is appropriate to maintain the Integrity of the samples by keeping
the records related to QA/QC in the laboratory
Comment Concerning 295.55(d)(6), one commenter sugr-
gest to clarify that a hands-on training group should have
ratio of not more than 15 trainees per instructor23 TexReg 12366 December 4, 1998 Texas Register
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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/m1/66/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.