30 Tex. Admin. Code § 7.122 - Adoption of Memorandum of Understanding Between the Texas Natural Resource Conservation Commission (commission) and the Texas Department of Health (TDH) Regarding Emissions Related to Asbestos Demolition and Renovation Activities
(a) The Texas
Natural Resource Conservation Commission adopts a memorandum of understanding
(MOU) between the Texas Department of Health (TDH) and the Texas Natural
Resource Conservation Commission (TNRCC). The memorandum contains the agreement
of the TNRCC to inspect asbestos disposal sites under its jurisdiction for
conformance with 40 CFR Part
61, Subpart M, §
61.154 and provide
copies of inspection and enforcement documentation to the TDH. This effort will
support the TDH in the regulation of emissions related to asbestos demolition
and renovation activities per 40 CFR Part 61, Subpart M.
(b) Need for agreement. Section 1 of HB 1680,
passed by the 73rd Legislature, 1993, transferred responsibility for emissions
related to asbestos demolition and renovation activities to the Texas
Department of Health (TDH). It also required the TDH and the Texas Natural
Resource Conservation Commission (TNRCC) to adopt, by rule, a joint memorandum
of understanding concerning the inspection of solid waste facilities that
receive asbestos.
(c) The TDH will:
(1) Maintain overall responsibility for the
asbestos demolition and renovation activities related to 40 Code of Federal
Regulations (CFR), Part 61, Subpart M, §§61.140, 61.141, 61.143,
61.145, 61.146, 61.148, 61.150, 61.152, and 61.157.
(2) Negotiate with the Environmental
Protection Agency (EPA) on the work to be performed in agreement with
TNRCC.
(3) Provide funding to pay
for initial inspector training in Fiscal Year 1995.
(4) Report to the EPA on the number of
asbestos disposal site inspections performed by TNRCC.
(d) The TNRCC will:
(1) Maintain an up-to-date listing of
municipal landfills authorized to accept regulated asbestos and provide an
up-to-date copy to the TDH.
(2)
Inspect asbestos disposal sites for conformance with
40 CFR Part 61, Subpart M,
§
61.154. The TDH will be notified
within 30 days that an inspection has been performed by TNRCC and will be
provided a copy of the inspection results within 60 days.
(3) Perform the number of inspections
negotiated between the TDH and the EPA related to
40 CFR
§61.154.
(4) Pursue all enforcement action related to
§61.154 violations and provide notification to the TDH within 30 days of
the inspection if a violation will be issued and provide to the TDH a copy of
the Notice of Violation within 60 days.
(5) Provide copies of all applicable
documentation related to
40 CFR
§61.154 to: Texas Department of Health,
Division of Occupational Health, 1100 West 49th, Austin, TX 78756. The
memorandum contains the agreement of the TNRCC to inspect asbestos disposal
sites under its jurisdiction for conformance with 40 CFR Part 61, Subpart M,
§61.154 and provide copies of inspection and enforcement documentation to
the TDH. This effort will support the TDH in the regulation of emissions
related to asbestos demolition and renovation activities per 40 CFR Part 61,
Subpart M.
(e) The
effective date of the MOU is May 3, 1995.
Notes
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