SECTION 296.3. Compliance with National Emission Standards for Hazardous Air Pollutants (NESHAP) and Memorandum of Understanding between the Texas Commission on Environmental Quality and the Texas Department of State Health Services for the Regulation of the NESHAP for Asbestos

(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.

Source Note: The provisions of this §296.3 adopted to be effective July 8, 2021, 46 TexReg 3880