|(a) Authority. The Texas Department of Health (department) adopts by reference rules regarding demolition and renovation activities covered under 40 Code of Federal Regulations (CFR), Part 61, Subpart M, §§61.140, 61.141, 61.145, 61.146, 61.148, 61.150, 61.152, and 61.157 (NESHAP) effective February 3, 1994. (b) Scope. An owner or operator of a demolition or renovation activity (as defined in 40 CFR, Part 61, §61.141) shall assure compliance with NESHAP for all covered activities. (c) Inspections. The department may enter any facility to inspect and investigate conditions to determine compliance. (d) Disposal. The department has developed a memorandum of understanding with the Texas Commission on Environmental Quality (TCEQ) (formerly known as the Texas Natural Resource Conservation Commission (TNRCC)) concerning the inspection of solid waste facilities that receive asbestos waste under §295.72 of this title (relating to Memorandum of Understanding Between Texas Commission on Environmental Quality and the Texas Department of Health for the Regulation of Asbestos). (e) Enforcement. The department will enforce the provisions of the NESHAP in accordance with §295.70 of this title (relating to Compliance: Administrative Penalty).
|Source Note: The provisions of this §295.71 adopted to be effective February 23, 1994, 19 TexReg 933; amended to be effective September 22, 1994, 19 TexReg 7098; amended to be effective December 13, 1998, 23 TexReg 12353; amended to be effective March 27, 2003, 28 TexReg 2549