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 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, 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.