| (a) An owner or operator of a demolition or renovation
activity, as defined in §296.21(69) of this chapter (relating
to Definitions), must comply with NESHAP for all covered activities.
(b) A DSHS representative may enter any facility to
inspect and investigate conditions to determine compliance with this
chapter in accordance with Texas Occupations Code §1954.060(b),
Texas Health and Safety Code §12.018, and §296.271(c) of
this chapter (relating to Inspections and Investigations).
(c) The Executive Commissioner of the Health and Human
Services Commission adopts by reference a memorandum of understanding
between the predecessor agencies for DSHS and the Texas Commission
on Environmental Quality, adopted by rule, effective September 5,
1999, in 30 TAC §7.122 (relating to 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) concerning
the inspection of solid waste facilities that receive asbestos waste.
(d) DSHS may take enforcement action as described in
Subchapter Q of this chapter (relating to Compliance) for violations
of NESHAP.
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