Regulatory Guidance and Clarification Documents - Asbestos Program


Table of Contents


Resilient Floor Covering Institute Guidance

Please be advised that DSHS is enforcing the 1998 Resilient Floor Covering Institute (RFCI) Recommended Work Practices (PDF, 589KB).

DSHS will publish any RFCI advisories, updates, etc. on the Asbestos Web Page following any changes on the use of the RFCI Guidelines. The January 1998 RFCI Guidelines are issued by the Resilient Floor Covering Institute; 996 Hungerford Drive; Suite 12B; Rockville, MD 20850; (301) 340-8580.


Asbestos Regulatory Clarification Documents

Asbestos Regulatory Clarifications
Date Description Publication Number / Link
2011-03 Removal of Non-Asbestos Flooring Adhered to Asbestos-Containing Adhesive/Mastic and the Applicability of the Resilient Floor Coverings Institute (RFCI) Recommended Work Practices PSQA-ASB002
(PDF, 44KB)
2007-05 Demolition of Small Residential Buildings by Municipalities PSQA-ASB001
(PDF, 27KB)

Asbestos Regulatory Clarifications Written by the Legacy TDH Asbestos Program Prior to August 2003

Asbestos Regulatory Clarifications Written by the Legacy TDH Asbestos Program Prior to August 2003
Date Description Publication Number / Link
2003-08

Removing Non-Asbestos Floor Tile with RFCI
*This ARC has been replaced with PSQA-ASB002*

ARC-022 (PDF, 125KB)
2003-07 Qualifiable Licensing Experience ARC-021 (PDF, 165KB)
2002-06 The Role of a General Contractor in a Renovation or Demolition Project ARC-015 (PDF, 167KB)
2001-11 Work Practices that Deviate from the Provisions - Alternate Control Method Format and Process Approval ARC-020 (PDF, 125KB)
2001-11 Application of Point Counting Bulk Samples in Regards to TAHPR ARC-019 (PDF, 139KB)
2001-11 Asbestos Survey Conducted Prior to December 1998 ARC-018 (PDF, 131KB)
2001-11 Licensing Renewal Period ARC-017 (PDF, 111KB)
2001-11 The Meaning of "During the Project" in Public Buildings ARC-016 (PDF, 103KB)
2001-11 Analysis of Joint Compound for Asbestos Content ARC-014 (PDF, 137KB)
2001-11 The Impact of Sovereign Immunity and the Relationship of State to Federal Regulations ARC-013 (PDF, 121KB)
2001-11 Clarification of the Term "Airlock" ARC-012 (PDF, 109KB)
2001-11 Clarification of the Term Completion Date for Demolition and Renovation Projects ARC-011 (PDF, 128KB)
2001-11 The Applicability of TAHPR and NESHAP to Painting Asbestos-Containing Materials (ACM) ARC-010 (PDF, 124KB)
2001-02 The Demolition of a Public Building with Asbestos Containing Materials in Place ARC-009 (PDF, 208KB)
2001-02 AHERA, ESA's, EIS's, & the 3-sample requirement ARC-008 (PDF, 175KB)
2001-02 Amounts of Asbestos Regulated by the TAHPR ARC-007 (PDF, 482KB)
2001-02 Clarification of the Term "Start Date" for Asbestos Abatement Projects in Public Buildings ARC-006 (PDF, 153KB)
2001-02 The Utilization of Large Consolidated Waste Containment Systems (LCWCS) ARC-005 (PDF, 188KB)
2001-02 Eligibility for Licensure under 25 TAC §295.47(e) ARC-004 (PDF, 239KB)
2001-02 Air Monitoring Technician Working for an O&M Contractor ARC-003 (PDF, 204KB)
2001-02 Preparatory Work and Licensing ARC-002 (PDF, 201KB)
2001-02 Application of the TAHPR and NESHAP to the Demolition of a Public Building ARC-001 (PDF, 296KB)

Policy Letters

RE: POLICY 295.61 - NOTIFICATION OF PHASED ASBESTOS ABATEMENT AND/OR DEMOLITION PROJECTS

This policy replaces all previous policies and/or guidelines.

The following policy is adopted to help the regulated community comply with the intent and spirit of the Texas Asbestos Health Protection Rules (TAHPR) and the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations that apply to the notification procedures for public buildings and facilities.

A phased project notification is an option when all of the following conditions apply:
  • The notified project does not exceed 12 consecutive calendar months from the project start date.
  • The project has planned periods of inactivity.
  • All asbestos abatement and/or demolition work will be performed at one site. The site may contain more than one building, such as an office complex or university, under the control of one owner or operator.
To notify:
  • An Asbestos Abatement/Demolition Notification for a phased project must be accompanied by a Phased Project Schedule.
  • An Asbestos Abatement/Demolition Notification  and a Phased Project Schedule must be completed and submitted 10 working days (not calendar days) before the phased project start date. The notification form must state that the asbestos abatement and/or demolition will be a phased project.
  • The start and stop  dates on the notification form are the overall dates of the entire project. A phased abatement and/or demolition project exceeding 12 months will require a separate, initia l phased project notification to be filed for each 12-month period.
  • The individual start and stop dates of each phase must be entered on the Phased Project Schedule.  Changes to the project schedule must be submitted as an amendment to the notification form.
  • The amount of asbestos-containing building  material that will be abated from all of the public buildings and facilities must be combined and reported as a total amount on the notification form.
  • An amended notification must be submitted with each revised Phased Project Schedule.  The appropriate department regional inspector must be contacted by phone and provided a copy of the amendment and revised schedule by email or fax as soon as possible, but no later than, the current scheduled date or the proposed scheduled date, whichever is earlier.
Failure to comply with this policy may result in a violation of 25 TAC §295.61, Operations: Notifications. 

Questions may be directed to the Department of State Health Services, Environmental Health Notifications Group in Austin at either (512) 834-6747 or 1-800-572-5548 (Texas only).

Policy Letter 295.61(h) - #1, Recognition of Emergency Notification

December 9, 1996

(This policy replaces all previous policies and/or guidelines, including the original unsigned version dated February 8, 1996)

There may be some misunderstanding regarding the verification of an emergency for the 10 working day requirement for asbestos abatement or building demolition notification. There have been several cases where emergency notification was requested for "financial loss if a job is shut down waiting" or "that if not allowed to start will cost the company $X."

In and of itself the foregoing does not constitute an emergency under the Texas Asbestos Health Protection Act (TAHPA) or the National Emission Standards for Hazardous Air Pollutants (NESHAP). If the company affected an emergency, it still must be proven by them or they will be found in violation of an improper notification. 40 CFR Subpart M, §61.141 of the NESHAP defines an emergency renovation operation as a renovation operation that was not planned but results from a sudden, unexpected event, that is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment. Failure to plan for work, for which one could have prepared does not constitute an emergency. An inspection, by a TDH inspector will be performed to ensure the emergency is valid.

  • Examples of a valid emergency are: 1) when abatement has been performed and renovation or demolition has begun, and ACM is found in an area which could not have been known because it was hidden from view; and 2) when a boiler which provides heat to a building suddenly fails and needs immediate replacement in winter because the contents of the structure will be severely damaged without the heat, or the building must be occupied by people who have no other place to go.
  • In cases where there appears to be a valid emergency, we request that you call the department regional or local program inspector. If the inspector concurs with your request then an emergency number will be issued, which must be listed on the subsequent notification form. If you are unable to contact the field inspector, the central office in Austin may then be contacted. When emergencies occur at times when no one can be contacted, write a full justification and attach it to the notification form to be sent to the central office in Austin in compliance with§295.61(h) of the TAHPA (1994). No approval is required, however, the burden of proof rests with the notifier.

One recent case involved a chain store in a small town in the central part of the state. The competition had gone out of business. This remaining store was the only one in easy commuting distance which could provide the service. As a result, customers were parking across the street in a parking lot at a closed store. The headquarters of the remaining store bought the property and were seeking to quickly demolish the abandoned building and repave the parking lot. Their claim for an emergency was the threat to public health of the abandoned building and that it would cost the company too much money to delay the project. It also appears that there was no survey on the building to be demolished. The request for an emergency notification was denied.

We are trying to ensure that we all are applying the policy in a uniform fashion. The report from the regional or local program inspector tells us whether or not the job is in compliance, and if not, is the basis to issue a Notice of Violation.

Questions may be directed to the regional/local program office or the central office in Austin at either (512) 834-6770 or (800) 572-5548 (Texas only).


Last updated February 26, 2016