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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 296TEXAS ASBESTOS HEALTH PROTECTION
SUBCHAPTER NNOTIFICATIONS
RULE §296.251Notifications

(a) General provisions. DSHS must be notified using DSHS's online asbestos notification system on its website or on a form specified by DSHS of any asbestos abatement or demolition, as required in paragraphs (1) and (2) of this subsection. Notification must be made to DSHS no fewer than 10 working days before commencement of the activity. Submitting the notification form online on DSHS's website or by hard copy meets the requirements for notification to DSHS under both NESHAP and this chapter. The notification form must be properly completed and submitted as required in this section.

  (1) Public buildings. DSHS must be notified of any demolition of a public building whether or not asbestos has been identified. DSHS must be notified of any asbestos abatement within a public building. Notification must be submitted as required in this section.

  (2) Facilities. For all facilities, including commercial buildings that are not otherwise subject to this chapter as public buildings, DSHS must be notified of any demolition of a facility, whether or not asbestos has been identified. DSHS must be notified of any renovation operation if the combined amount of RACM to be stripped, removed, dislodged, cut, drilled, or similarly disturbed meets or exceeds the NESHAP threshold, in accordance with 40 CFR §61.145 (relating to Standard for demolition and renovation) of 160 square feet of surface area, 260 linear feet of pipe length, or 35 cubic feet off facility components where the length or area could not be measured. Notification must be submitted in accordance with NESHAP.

(b) Responsibility for proper notification.

  (1) Public buildings. It is the responsibility of the public building owner and delegated agent (such as a licensed asbestos abatement contractor, asbestos consultant, or demolition contractor) to submit a notification to DSHS for each project. When the task to notify is delegated, the building owner's delegation and the name of the delegated agent must be specified on the notification form. The building owner and the delegated agent are responsible for the accuracy and timeliness of the notification and one or both may be found in violation for failing to accurately and timely notify DSHS of a project.

  (2) Facilities. It is the responsibility of the facility owner or operator to submit a notification to DSHS for each project. The facility owner and operator are responsible for the accuracy and timeliness of the notification and one or both may be found in violation for failing to accurately and timely notify DSHS of a project.

(c) Completion of the notification form. The DSHS notification form must be fully and properly completed.

  (1) No applicable form field as specified on the notification form and notification instructions may be left blank and form fields must contain accurate information. Form fields that are not applicable must be marked "NA." The fields on the form for the work site, building description, building owner, abatement and waste transportation companies, and start and stop dates and times must be filled in. Use of the designation "NA" for any of these fields does not comply with the requirements of this section or 40 CFR §61.145 (relating to Standard for demolition and renovation).

  (2) The building owner or the delegated agent must submit an amendment to the notification for any changes. This includes changes to the start and stop dates, phased schedule form, amounts of asbestos to be removed, and cancellations. An amendment is not required if the amount of asbestos to be removed changes by less than 20%.

  (3) A hard copy notification form must contain an original signature. DSHS does not accept a copied signature.

(d) Submission of the notification form and an amendment to the notification.

  (1) The notification form and an amendment to the notification must:

    (A) be submitted online on DSHS's website;

    (B) be postmarked and delivered by the United States Postal Service (USPS);

    (C) be date-stamped and delivered by commercial delivery service; or

    (D) be delivered by hand during normal business hours.

  (2) Printed notification forms must not be submitted by fax or email.

(e) Timeliness of an initial notification and an amendment to the notification.

  (1) The initial notification of asbestos abatement or demolition must be submitted to DSHS at least 10 working days before the asbestos abatement or demolition start date. If the initial notification is for both asbestos abatement and demolition, the initial notification must be submitted 10 working days before either the asbestos abatement or demolition start date, whichever is earliest.

  (2) If a project start date, stop date, phased project schedule, scheduled work day, or time changes from the current notified date, schedule, scheduled work day, or time, an amended notification must be submitted to DSHS, as required in subsections (f) - (j) and (q)(2) of this section.

(f) Start date change to an earlier date. When asbestos abatement or demolition will begin on a date earlier than the date in the notification:

  (1) an amended notification must be submitted to DSHS at least 10 working days before the new start date, as required in subsection (d) of this section;

  (2) the appropriate DSHS regional office must be provided with a fax or email copy of the amended notification at least 10 working days before the new start date; and

  (3) for notifications not submitted online, the appropriate DSHS regional office must also be contacted by phone at least 10 working days before the new start date.

(g) Stop date change to an earlier date. An amendment is required for a stop date that changes to an earlier date unless the stop date changes by one working day for every seven calendar days of scheduled work in the notification but does not change by more than seven working days from the notified stop date. This provision does not grant an extension of time to amend the notification. When asbestos abatement or demolition ends on a date earlier than the date in the notification:

  (1) an amended notification of the new stop date must be submitted as required in subsection (d) of this section to DSHS as soon as possible, but no later than the new stop date;

  (2) the appropriate DSHS regional office must be provided with a fax or email copy of the amended notification as soon as possible, but no later than the new stop date; and

  (3) for notification not submitted online, the appropriate DSHS regional office must also be contacted by phone of the new stop date as soon possible, but no later than the new stop date.

(h) Start date change to a later date. When asbestos abatement or demolition will begin later than the date in the notification:

  (1) an amended notification with the new start date must be submitted as required in subsection (d) of this section to DSHS as soon as possible, but no later than the current notified start date;

  (2) the appropriate DSHS regional office must be provided with a fax or email copy of the amended notice as soon as possible, but no later than the current notified start date; and

  (3) for notification not submitted online, the appropriate DSHS regional office must also be contacted by phone of the new start date as soon as possible, but no later than the current notified start date.

(i) Stop date change to a later date. An amendment is required for a stop date that changes to a later date unless the stop date changes by one working day for every seven calendar days of scheduled work in the notification but does not change by more than seven working days from the notified stop date. This provision does not grant an extension of time to amend the notification. When asbestos abatement or demolition will end on a date later than the current notified stop date:

  (1) an amended notification of the new stop date must be submitted as required in subsection (d) of this section to DSHS as soon as possible, but no later than the current notified stop date;

  (2) the appropriate DSHS regional office must be provided with a fax or email copy of the amended notice as soon as possible, but no later than the current notified stop date; and

  (3) for notification not submitted online, the appropriate DSHS regional office must also be contacted by phone of the new stop date as soon as possible, but no later than the current notified stop date.

(j) Cancellation.

  (1) When asbestos abatement or demolition is cancelled, the building owner or the delegated agent must:

    (A) submit a notice of the cancellation as required in subsection (d) of this section to DSHS as soon as possible, but no later than the current notified start date;

Cont'd...

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