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RULE §296.1General Provisions

(a) Purpose. Asbestos is a known carcinogen and health hazard. Preventing asbestos disease depends on limiting exposure of an individual to asbestos fibers. The purpose of this chapter is to control and minimize public exposure to airborne asbestos by regulating asbestos-related activities in public buildings, commercial buildings, and facilities, as defined in §296.21 of this chapter (relating to Definitions). This chapter implements Texas Occupations Code, Chapter 1954 (relating to Asbestos Health Protection); Texas Health and Safety Code, Chapter 161, Subchapter Q (relating to Installation of Asbestos); and federal regulations of the Environmental Protection Agency (EPA), as adopted by reference in §296.2 of this chapter (relating to Reference of Federal Standards). Any federal regulations of the Occupational Safety and Health Administration with which a person is required to comply is not limited by the applicability or effect of the provisions of this chapter.

(b) Scope.

  (1) This chapter applies to a person disturbing, removing, encapsulating, or enclosing any amount of asbestos within a public building for any purpose, including repair, renovation, dismantling, demolition, installation, or maintenance operations, or any other activity that may involve the disturbance, encapsulation, enclosure, or removal of any amount of asbestos-containing building material, whether intentional or unintentional. This chapter establishes:

    (A) licensing requirements;

    (B) building owner and licensee responsibilities;

    (C) applicable requirements for the performance of asbestos-related activities in public buildings; and

    (D) notification requirements.

  (2) For purposes of enforcing the EPA National Emission Standards for Hazardous Air Pollutants (NESHAP) specific to asbestos, as defined in §296.21(61) of this chapter, this chapter applies to facilities as defined in §296.21(41) of this chapter and facility owners or operators as defined in §296.21(42) of this chapter.

  (3) For purposes of enforcing the EPA Asbestos Model Accreditation Plan (MAP), as defined in §296.21(56) of this chapter, this chapter applies to commercial buildings as defined in §296.21(25) of this chapter.

  (4) For purposes of enforcing the federal regulations adopted to implement the Asbestos Hazard Emergency Response Act (AHERA), this chapter applies to local education agencies (LEAs) as defined in §296.21(51) of this chapter.

(c) Exclusions. This chapter does not apply to a single private residence or a single apartment building with no more than four dwelling units, except for a residential building subject to NESHAP as described in §296.191(g)(4)(A) - (C) of this chapter (relating to Asbestos Management in a Public Building, Commercial Building, or Facility).

(d) Severability. Should any section or provision in this chapter be adjudged invalid by a court of competent jurisdiction, such finding will not affect any other section or provision.

(e) License possession requirements. Anyone engaged in asbestos-related activities that require a license must provide proof of a current license, upon request, to any representative from the Department of State Health Services (DSHS), to an employer, or to a prospective employer if licensure is required for employment. All licensees must have the identification card issued by DSHS on-site at all times while engaged in any asbestos-related activity.

(f) Days. A day means calendar day unless working day, as defined in §296.21(96) of this chapter, is specified.

Source Note: The provisions of this §296.1 adopted to be effective July 8, 2021, 46 TexReg 3880

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