Md. Code Regs. 26.11.21.02 - Applicability
A. Regulations .03,
.06, .07, and .08 of this chapter apply to any person who performs or intends
to perform an asbestos project within Maryland.
B. Regulations .04, .05, and .09-.12 of this
chapter apply only to any business entity or public unit which performs or
intends to perform an asbestos project within Maryland.
C. Regulation .13 of this chapter applies to
any person applying for approval of a course on the health and safety aspects
of asbestos demolition, renovation, and encapsulation.
D. If a provision of Regulation .06 of this
chapter conflicts with a requirement under a National Emission Standard for a
Hazardous Air Pollutant (NESHAP) in COMAR
26.11.15.02 a, the NESHAP
requirement takes precedence.
E.
Request for Determination of Applicability.
(1) A person may request that the Department
determine whether a project is an asbestos project subject to this chapter. The
Department will make the determination in writing not later than 30 days after
it has received a written request describing the asbestos-containing materials,
the proposed project, and the person.
(2) An erroneous determination by the
Department that a project is not subject to this chapter relieves a person from
the requirements of this chapter only to the extent that the Department was
provided with the appropriate information to make a correct
determination.
Notes
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