Frequently Asked Questions About Asbestos Abatement and Demolition Notifications

The Department of State Health Services Asbestos Abatement/Demolition Notification combines the requirements of the National Emission Standards for Hazardous Air Pollutants, 40 CFR, Subpart M (NESHAP) and the Texas Asbestos Health Protection Rules (TAHPR). Both of these regulations require that notification be submitted on the form specified by the department or online on the department's website before beginning renovation projects which include the disturbance of any asbestos-containing building material in a public building or the disturbance of the NESHAP threshold amount of asbestos-containing material in a facility. Notification is required before the demolition of a building or facility, even when no asbestos is present

The notification for the abatement in a public building shall only be signed and submitted by the legal owner, his or her delegated agent. The Texas Asbestos Health Protection Rule (TAHPR) allows for this task to be delegated to the DSHS licensed contractor or DSHS licensed consultant in writing; however, the responsibility continues to be shared with the owner. For the National Emission Standards for Hazardous Air Pollutants (NESHAP) abatement or demolition, the notification shall be signed and submitted by the legal owner or operator of the site.

According to the TAHPR rule §295.61 the initial notification of asbestos abatement and/or demolition must be submitted to the department at least 10 working days before the asbestos abatement start date, demolition start date, or the date any other activity begins that will disturb asbestos.

When asbestos abatement or demolition will begin earlier than the date contained in the notice, the building or facility owner or delegated agent must:

1. Submit an amended notification online or hardcopy form by mail of the new start date at least 10 working days prior to the new start date.
2. Contact the appropriate regional office by phone at least 10 working days prior to the new start date.
3. For hardcopy notification submissions provide the appropriate regional office with a fax or email copy of the amended notice at least 10 working days prior to the new start date.

When asbestos abatement or demolition, begin later than the date contained in the notice the facility owner or his/her delegated agent must:

1. Submit an amended notification online or hardcopy form by mail of the new start date prior to the current notified start date
2. Contact the appropriate regional office by phone as soon as possible but prior to the current notified start date.
3. For hardcopy notification submissions provide the appropriate regional office with a fax or email copy of the amended notice prior to the current notified start date.

The purpose of the Asbestos Demolition/Renovation Notification and associated fee is to enable the Department of State Health Services (the Department) to inspect the project for compliance with the state and federal asbestos regulations, which set minimum licensing and work practice standards that are needed to establish the means of control and minimization of public exposure to airborne asbestos fibers, a known carcinogen and dangerous health hazard.

The Department's Asbestos Abatement/Demolition Notification combines the requirements of the National Emission Standards for Hazardous Air Pollutants, 40 CFR, Subpart M (NESHAP) and the Texas Asbestos Health Protection Rules (TAHPR), Title 25 of the Texas Administrative Code, Chapter 295, Subchapter C. These regulations require that notification be submitted before beginning renovation projects which include the disturbance of any asbestos-containing building material in a public building or the disturbance of the NESHAP threshold amount of asbestos-containing material in a facility. A notification is also required to be submitted before the demolition of a building or facility, even when no asbestos is present. The TAHPR, Section 295.61(j) establishes that the building owner is required to pay a notification fee that is based upon the amount of asbestos removed, with a minimum fee of $55.00 and a 3% subscription fee per original notification. An invoice for the required fee is sent to the building owner at the end of the notified project. Invoices are generated 30-45 days after the project end date and mailed to the facility owner.

One private residence is not subject to the asbestos NESHAP regulations and notification is not required.

A phased project notification can be submitted online or hardcopy by mail to the department. A completed Phased Project Schedule form must be submitted for each notification. Visit the Asbestos Program Applications and Forms page to download the Phased Project Schedule form. For notifications submitted online, the Phased Notification Schedule form must include the notification number and be emailed to EHNG.help@dshs.state.tx.us at the time of online submission. The Asbestos Abatement/Demolition Notification and Phased Project Schedule form must be submitted at least 10 working days before the start date of the first phase.

An emergency renovation operation means a renovation operation that was not planned, but results from a sudden, unexpected event. This event, if not immediately attended to, presents a public health or safety hazard, and is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by non-routine failures of equipment. This term does not include immediate renovations resulting solely from a lack of adequate planning for foreseeable asbestos abatement activity. Emergency notifications may be submitted online or hardcopy by mail to the department no later than the following work day after the incident.

If the facility is being demolished under an order of a state or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, then the department notification must submitted online or hardcopy by mail as early as possible before, but not later than, the following working day of the commencement of demolition. The judgment 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, registered architect, or government official reasonably qualified to make the decision. A copy of the order must be attached to the notification form. For notifications submitted online, a copy of the notification summary along with the order must be emailed to EHNG.help@dshs.state.tx.us.

Yes. You may pay your invoice online via the Regulatory Services Online Licensing System. You will need to be registered as a user to access the online payment option.

No. Once you submit a hardcopy notification "offline," the online system will not allow you to submit an amendment or cancellation online for that particular project. You must submit the notification by hardcopy through the mail.