(a) The authority to conduct abrasive blasting activities under this section does not exempt or excuse any person from responsibility for the consequences, damages, or injuries resulting from the abrasive cleaning. The authority to conduct such activities under this regulation also does not exempt or excuse anyone from complying with all other applicable laws or ordinances, regulations, and orders of governmental entities having jurisdiction, even though the abrasive blasting is otherwise conducted in compliance with this regulation. The owner or operator of the water storage tank being blasted must control emissions from abrasive blasting in a manner that does not cause nuisance conditions, as defined in §101.4 of this title (relating to Nuisance).
(b) For water storage tanks with lead concentrations of 1.0% (10,000 micrograms/gm) or greater in the coating, the owner or operator of the tank shall notify the appropriate TACB regional office and any local authorities having jurisdiction over abrasive blasting activities of the blasting in writing at least 10, but not more than 30, working days prior to the date scheduled for the beginning of blasting operations. The notification must include:
  (1) the location of the tank;
  (2) the name of the abrasive blasting company;
  (3) the weight percent of lead in the coating;
  (4) the control methods to be used; and
  (5) the expected hours of operation and scheduled start and finish dates.
(c) Emissions from abrasive blasting of water storage tanks which have lead in concentrations of 1.0% (10,000 micrograms/gm) or greater by weight in the coating must be controlled by one of the following methods:
  (1) vacuum blasting;
  (2) shrouded wet abrasive blasting;
  (3) shrouded dry abrasive blasting, provided there are no private residences or public areas within 500 feet of the water storage tank;
  (4) shrouded hydroblasting; or
  (5) equivalent method approved in advance by the executive director or a designated representative of TACB.

Source Note: The provisions of this §111.135 adopted to be effective November 1, 1991, 16 TexReg 5833.