(a) Purpose. The authority for these rules is granted to the Texas Department of Health (department) in the Health and Safety Code, §341.002. The purpose of this section is to provide the public with information on recommended allowable concentrations of toxic gases, as specified in the Health and Safety Code (HSC), §341.016(c)(1). Since HSC, §341.016, only provides the department with authority for developing occupational and sanitation standards for industrial establishments, and since the department's authority over industrial establishments is preempted by the U.S. Occupational Safety and Health Administration (OSHA), the department is issuing the List of Toxic Gases and Recommended Allowable Concentrations only as a guideline.

(b) Information sources. In developing the List of Toxic Gases and Recommended Allowable Concentrations (RACs) for this section, the department used the following information and criteria.

(1) The List of Toxic Gases was derived from those gases appearing in Table Z-1, "Limits for Air Contaminants," published by the U.S. Occupational Safety and Health Administration (OSHA) in 29 Code of Federal Regulations (CFR), §1910.1000. Only those gases that had a Median Lethal Concentration (LC(50)) in air of more than 200 parts per million (ppm) were selected for inclusion on the List of Toxic Gases. The department used the LC(50) criterion to ensure that only those gases that met the definition of "highly toxic" or "toxic," as those terms are defined in OSHA's Hazard Communication Standard, 29 CFR, §1910.1200, Appendix A, would be included on the List of Toxic Gases.

(2) In order to ensure a unique identity for each toxic gas and provide the public with information that could be used to match chemical name synonyms to a specific listed gas, both the chemical name and the corresponding Chemical Abstract Service Number (CAS#) are referenced in the List of Toxic Gases.

(3) The Recommended Allowable Concentration (RAC) for each toxic gas was derived from its corresponding Table Z-1 Permissible Exposure Limit (PEL) concentration established by OSHA. As appropriate, the RAC is provided in both ppm in air and milligrams per cubic meter (mg/M ³ ).

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(d) Responsibility for implementation of program. The department's responsibilities under this section are carried out through its General Sanitation Division. Routine inquiries regarding this section and requests for additional guidance related to occupational health and safety should be addressed to: Texas Department of Health, General Sanitation Division, 1100 West 49th Street, Austin, Texas 78756, or telephone number (512) 834-6635.

Source Note: The provisions of this §295.101 adopted to be effective February 5, 2004, 29 TexReg 996