<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 26.11.21.02" title_num="26" subtitle_num="11" chapter_num="21" heading="Applicability.">
  <paragraph num="A.">
    <text>Regulations .03, .06, .07, and .08 of this chapter apply to any person who performs or intends to perform an asbestos project within Maryland.</text>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Request for Determination of Applicability.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>