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

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

    (C) the appropriate DSHS regional office must also be contacted by phone of the cancellation as soon as possible, but no later than the current notified start date.

  (2) When asbestos abatement and demolition are both notified on the same notification, and either the abatement or demolition will not occur, an amendment must be submitted to remove the abatement or demolition activity that will not occur on or before the notified start date for that activity.

(k) Consolidated notification of nonscheduled asbestos O&M activities in a public building.

  (1) Notification of a series of nonscheduled, separate O&M activities involving ACBM, each of which does not meet or exceed a threshold of 160 square feet of surface area, 260 linear feet of pipe length, or 35 cubic feet volume off facility components where the length or area could not be measured previously, may be made annually. An individual project that meets or exceeds this threshold must be notified separately and must not be notified as part of the consolidated notification. The consolidated notification must include a prediction of the cumulative amount of asbestos to be removed, enclosed, or encapsulated from January 1 through December 31 of the calendar year for which consolidated notification is being given. Consolidated notifications must be submitted at least 10 working days before the calendar year for which notification is being given for a single building, or for a group of public buildings at one site under the control of one owner or operator. Consolidated notification must be submitted as required in subsection (d) of this section.

  (2) The building owner or delegated agent must notify the appropriate DSHS regional office by fax or email before each O&M activity for which notification is given in a consolidated notification under this subsection.

  (3) The building owner must keep records of the individual O&M activities. If, at any point during the calendar year for which consolidated notification was given, the amount of asbestos removed, enclosed, or encapsulated changes from the notified amount by 20% or more, an amendment must be submitted within 10 working days thereafter.

(l) Consolidated notification of nonscheduled renovation operations in a facility that is not a public building.

  (1) A notification is required when the combined amount of RACM for planned renovation operations involving individual nonscheduled renovation operations, such as renovations resulting from equipment failure, meets or exceeds the NESHAP threshold 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. To determine whether notification is required, the facility owner or operator must predict the combined additive amount of RACM to be removed from January 1 to December 31 of the calendar year for which consolidated notification is being given. These operations may be notified on a single consolidated notification form for each facility for which a consolidated notification is required under this paragraph. Consolidated notifications must be submitted at least 10 working days before the calendar year for which notice is being given. Consolidated notification must be submitted as required in subsection (d) of this section.

  (2) Upon request by DSHS, the facility owner or operator must be able to demonstrate that the amount of RACM stripped or removed did not change from the notified amount by 20% or more. If, at any point during the calendar year for which consolidated notification was given, the amount of RACM stripped or removed changes from the notified amount by 20% or more, an amendment must be submitted within 10 working days thereafter.

  (3) If the facility owner or operator determines that the NESHAP threshold amount will be exceeded and a consolidated notification was not previously submitted under this subsection, a notification must be submitted at least 10 working days before the start date of the activity that will exceed the threshold.

(m) Notification of emergency renovation operations.

  (1) An emergency notification must be submitted when the need for an emergency renovation operation arises. A description of the sudden, unexpected event precipitating the emergency renovation operation must be documented on the form. Notification of an emergency renovation operation must be submitted as soon as possible, but no later than the first working day after the date of the incident that precipitates the emergency operation. Initial notification can be made by phone followed by written notification, as required in subsection (d) of this section.

  (2) The building owner or the delegated agent or the facility owner or operator, as applicable, must also notify the appropriate DSHS regional office by phone and fax or email as soon as possible, but no later than the first working day after the date of the incident that precipitates the emergency renovation operation. The fax or email must include a description of the emergency and a copy of the notification form.

(n) Addition of asbestos abatement or demolition to an existing notification. If asbestos abatement or demolition is to be added to a notification and the notified abatement or demolition stop date has not passed, a notification amendment must be submitted to DSHS, as required in subsection (d) of this section to add the asbestos abatement or demolition no fewer than 10 working days before the start date of the added abatement or demolition.

(o) Notification of ordered demolitions for structurally unsound buildings.

  (1) If the facility is being demolished under an order of a state or local government agency or a court-issued order because the facility is structurally unsound and in danger of imminent collapse, the DSHS notification must be submitted as soon as possible, but no later than the first working day after the start date of the demolition. The determination that a structure is in danger of imminent collapse or that it is unsafe for anyone to enter must be made by a professional engineer or government official reasonably qualified to make the decision. A copy of the order must be attached to the notification form. Notification must be made as required in subsection (d) of this section. If an owner is unable to obtain a demolition order from a city, county, or state government official and has a letter from a professional engineer stating that the building is structurally unsound and in danger of imminent collapse, the owner may contact DSHS to request a waiver from the 10 working day notification deadline. Documentation supporting the inability to obtain an order must be submitted with the waiver request.

  (2) For structurally unsound buildings that are in danger of imminent collapse, the building owner or the delegated agent or the facility owner or operator must also notify the appropriate DSHS regional office by phone and fax or email as soon as possible, but no later than the first working day after the start date of the demolition. The email must include a copy of the demolition order or letter from a professional engineer, as applicable, and the notification form.

(p) Notification of asbestos abatement and demolition. In a public building or a facility, including a commercial building, when asbestos abatement and demolition are notified on the same notification form and all asbestos abatement included in the notification concludes early, the demolition may start as early as the next calendar day when an amended notification is submitted, as required in the following paragraphs. It is the responsibility of the person that submits the notification to amend the abatement stop date and demolition start date.

  (1) A statement must be included on the initial notification submitted that demolition will start early if abatement concludes early.

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

  (3) 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 new abatement stop date.

  (4) The appropriate DSHS regional office must also be contacted by phone of the amended notice as soon as possible, but no later than the new abatement stop date and demolition start date.

(q) Notification of a phased project for asbestos abatement, demolition, or abatement and demolition in a public building or facility.

Cont'd...

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