| (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.
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