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26.11.21.00.htm 26.11.21.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 11 AIR QUALITY Chapter 21 Control of Asbestos Authority: Environment Article, Title 2, and Title 6, Subtitle 4, Annotated Code of Maryland
26.11.21.01.htm 26.11.21.01. 01 Definitions.. A. "Asbestos project" means any activity involving the demolition, renovation, or encapsulation of friable asbestos materials.B. "Business entity" means a partnership, firm, association, corporation, sole proprietorship, or other business concern.C. "Demolition" means the wrecking or taking out of any load-supporting structural member and any related removing or stripping of friable asbestos materials.D. "Encapsulate" means to coat, bind, or resurface
26.11.21.02.htm 26.11.21.02. 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
26.11.21.03.htm 26.11.21.03. 03 Notification.. A. NESHAP Sources. A person who intends to engage in an asbestos project which is a NESHAP source shall notify the Maryland Air and Radiation Management Administration (ARMA) in writing in accordance with the requirements of 40 CFR Part 61. Notifying ARMA does not relieve a person of the obligation to also notify the U.S. Environmental Protection Agency, Region III office.B. Encapsulation. A person who intends to engage in an asbestos project whi
26.11.21.04.htm 26.11.21.04. 04 License Requirement.. A business entity or public unit may not engage in any asbestos project unless it is licensed by the Department under this chapter.
26.11.21.05.htm 26.11.21.05. 05 Worker Protection Requirements.. A. Respiratory Protection Program. A business entity or public unit, before it engages in any asbestos project, shall prepare a written respiratory protection program as defined in MOSH regulations at 29 CFR Part 1910.134 and make the program available to the Department and workers at the job site.B. Physical Examination. The business entity or public unit shall ensure that each worker and supervisor who will be involved in an asbestos project h
26.11.21.06.htm 26.11.21.06. 06 Control of Emissions from an Asbestos Project Subject to NESHAP.. A. Signs.. 1) Danger Signs. A person engaged in an asbestos project that is a NESHAP source shall display 20-inch by 14-inch danger signs wherever airborne asbestos fibers may be present, in accordance with Regulation 29 CFR Part 1926.58.2) Project Notification Signs. A business entity or public unit planning an asbestos project that is a NESHAP source shall also comply with the following:a) Except in emergency si
26.11.21.07.htm 26.11.21.07. 07 Control of Emissions from Any Other Asbestos Project.. A. Any Asbestos Project That Is Not a NESHAP Source. A person engaged in any other asbestos project not subject to Regulation .06 shall take reasonable precautions to prevent asbestos from becoming airborne, including:1) Removing all friable asbestos before any demolition project;. 2) Wetting any asbestos (except asbestos to be encapsulated) as described in Regulation .06B(2) of this chapter;
26.11.21.08.htm 26.11.21.08. 08 Waste Disposal.. A. Containing Asbestos Waste. A person who engages in or has engaged in an asbestos project shall comply with the following:1) Deposit all asbestos waste, including sealing tape, plastic sheeting, mop heads, sponges, filters, and disposable clothing, in plastic bags of at least 6 mils thickness and seal the bags.2) Clearly label the bags and any structural components wrapped in plastic as required in §A(3) of this regulation, as asbestos waste. In addition to
26.11.21.09.htm 26.11.21.09. 09 Records.. A. Each licensed business entity or public unit shall maintain records of all asbestos projects which it performs, and shall make these records available to the Department upon request. The business entity or public unit shall retain the records for at least 6 years.B. The business entity or public unit shall record the following information for each project:. 1) Name and address of supervisor responsible for the project;. 2) The location and descr
26.11.21.10.htm 26.11.21.10. 10 License Application.. A. To apply for or to renew a license, a business entity or public unit shall:. 1) Submit a completed application to the Department on forms provided by the Department; and. 2) Except for public units, pay the fee in §B, of this regulation, by certified check made payable to the Department of the Environment Clean Air Fund.B. Application Fee.. Number of Employees to be Engaged in Asbestos Projects. License Fee. 2 or less. No fee. 3 or more. 625.
26.11.21.11.htm 26.11.21.11. 11 Action on an Application.. A. Within 30 days after receiving an application, the Department will acknowledge receipt of the application and, within 15 working days after acknowledgment, will notify the applicant of any deficiency in the application. Within 60 calendar days after receiving a completed application, including all additional information requested by the Department, the Department will issue a license or deny the application.B. Denial.. 1) The Department will de
26.11.21.12.htm 26.11.21.12. 12 Duration, Renewal, and Transferral of a License.. A. Unless the Department revokes or suspends a license, the license shall remain in effect for 1 year from the date of issuance. Subject to the hearing provisions of Environment Article, §6-415 et seq. Annotated Code of Maryland, the Department may suspend or revoke any license if it determines that a licensee:1) Fraudulently or deceptively obtains or attempts to obtain a license; or. 2) Fails at any time to m
26.11.21.13.htm 26.11.21.13. 13 Health and Safety Training.. A. Application for Approval of a Training Course. A person may apply for approval of a course on the health and safety aspects of asbestos demolition, renovation, and encapsulation for purposes of Regulation .05C of this chapter by submitting a written application on forms provided by the Department.B. Criteria for Initial Course. In order to obtain or retain Department approval, a person sponsoring a course shall substantially satisfy the followi
26.11.21.9999.htm 26.11.21.9999. Administrative History Effective date: April 1, 1983 (10:1 Md. R. 30). Regulation .09A amended effective July 2, 1985 (12:11 Md. R. 1050). Chapter revised effective April 6, 1987 (14:5 Md. R. 579) ―. Chapter recodified from COMAR 10.18.23 to COMAR 26.11.21. Regulation .01 amended effective July 16, 1990 (17:11 Md. R. 1345). Regulation .02B amended effective July 16, 1990 (17:11 Md. R. 1345). Regulation .03 amended effective July 16, 1990 (17:11 Md. R. 1345).
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