Comparison: State vs. Federal
• Rules. Texas has adopted by reference the NESHAP for asbestos. In addition, Texas has adopted by reference the federal asbestos requirements under the Toxic Substances Control Act (TSCA) and Asbestos Hazard Emergency Response Act (AHERA). The federal Occupational Safety and Health (OSH) Act applies to private sector businesses.
The state has adopted its own regulations for licensing those who remove asbestos from public buildings. The regulations apply to all buildings that are subject to public occupancy, or to which the general public has access, and to all persons disturbing, removing, encapsulating, or enclosing asbestos within public buildings for any purpose.
Texas does not have a federally approved occupational safety and health regulatory program for the state; therefore, private sector workplaces must comply with federal occupational safety and health standards for asbestos. There are no state or federal laws that govern workplace safety and health for asbestos in public sector (state and local government operations) workplaces.
• Administration and enforcement. DSHS has been delegated authority to administer and enforce the federal requirements under TSCA, AHERA, and the OSH Act. DSHS enforces the state's asbestos abatement rules, including state asbestos registration and licensing requirements.
DSHS and TCEQ jointly administer and enforce the NESHAP requirements. Under a Memorandum of Understanding (MOU) between TCEQ (known as Texas Natural Resources Conservation Commission at the time of the MOU) and DSHS (known as the Texas Department of Health at the time of the MOU), TCEQ accepted responsibility for inspecting asbestos waste disposal sites under its jurisdiction ...