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

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

Policy Letter 295.61(a) - #2, Notification Of Phased Projects

December 9, 1996

(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 (Rules) and the National Emission Standards for Hazardous Air Pollutants (NESHAP). This policy outlines the notification procedures for phased projects.

To Be a Phased Project:

  • All of the abatement work must be performed at one site by one contractor. The site may contain more than one building, such as an office complex, military base, or university, but will have a single address. The total number of buildings that will be involved in the abatement project must be listed in "Description of area" in Item #4. The amount of asbestos-containing material that will be abated from all of the buildings shall be combined and the total amount listed in Item #12.
  • There shall not be more than 30 days between the phases. If more than 30 days pass from the time of final air clearance from one phase to the start of the next phase, they are considered separate projects and a new, original notification must be submitted 10 days before the next phase. All notification procedures including those for completion dates, amendments and cancellations will still be required.

To Notify:

  • The notification form must state that the renovation will be a phased project. The appropriate block in Item #5 on the current notification form must be marked. The abatement dates in Item #16 will be the overall dates of the project (first start date and final completion date) and shall encompass no more than one calendar year. Do not submit an amendment for each phase of the project. Only amend the first and final dates as appropriate.
  • Verbal communication must be made to the appropriate Texas Department of State Health Services inspector or Local Program inspector. Keep them informed of the period of time between phases and any other times when work is not being performed. If they cannot be reached, leave a message or call the central office in Austin. The Regional offices may want a FAX in addition to a phone call.
    • Failure to comply with this policymay result in enforcement of §295.61(a) Operations: Notifications, (a) General Provision.

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

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Last updated August 17, 2015