Current through Reg. 49, No. 38; September 20, 2024
(a) Responsibility. The public building owner
or the owner's delegated agent must engage persons licensed as required in this
chapter to perform any asbestos-related activity.
(b) Project supervision and monitoring.
(1) Every asbestos abatement project
undertaken by a licensed asbestos abatement contractor in a public building
under this section must be supervised by at least one licensed asbestos
abatement supervisor and monitored by a licensed asbestos consultant or the
consultant's designated licensed project manager or licensed asbestos air
monitoring technician project monitor (AMT/PM). Except as described in the
following subparagraphs, these supervisory and monitoring requirements extend
to all projects performed in a public building under Subchapter K of this
chapter (relating to Asbestos Management in a Public Building, Commercial
Building, or Facility), Subchapter L of this chapter (relating to General
Requirements, and Practices and Procedures for Asbestos Abatement in a Public
Building), and Subchapter M of this chapter (relating to Alternative Asbestos
Practices and Procedures in a Public Building).
(A) A licensed asbestos consultant or a
licensed project manager or licensed AMT/PM designated by the consultant is not
required to monitor or assess an SSSD O&M activity conducted under §
296.213 of this chapter (relating to Asbestos Operations and Maintenance
(O&M) Practices and Procedures for O&M Licensees in a Public Building),
except that, for a project involving the use of a mini-containment, visual
clearance must be performed by a licensed asbestos consultant or a licensed
project manager or licensed AMT/PM designated by the consultant and third-party
air clearance monitoring must be performed by a licensed air monitoring
technician (AMT), licensed AMT/PM, or a licensed asbestos consultant before the
mini-containment is removed.
(B) An
asbestos abatement supervisor, consultant, or designated project manager or
AMT/PM licensed under this chapter is not required to supervise, monitor, or
assess, as applicable, a project conducted in accordance with § 296.231 of
this chapter (relating to Alternative Practices and Procedures for Removal of
Asbestos-Containing Resilient Floor-Covering Material in a Public
Building).
(2) Except as
otherwise provided under paragraph (1) of this subsection:
(A) A licensed asbestos abatement supervisor
and a licensed asbestos consultant or the consultant's designated licensed
asbestos project manager or licensed AMT/PM must remain on-site and in
immediate proximity to the abatement activity during all periods of that
activity.
(B) A licensed asbestos
abatement supervisor must supervise the asbestos abatement activity from inside
the containment area during at least 25% of each day on which asbestos
abatement activity occurs in a containment.
(C) A licensed asbestos consultant or the
consultant's designated licensed asbestos project manager or licensed AMT/PM
must enter and inspect the containment and monitor asbestos abatement
activities, conducted as required in Subchapter L of this chapter and
Subchapter M of this chapter, as applicable, every day of the asbestos
abatement activity, before the start of asbestos abatement activity for the
day, routinely throughout the day, for the duration of the project from the
beginning of containment to the final visual inspection of the project site and
loading of ACWM for transport, as applicable, to:
(i) monitor the asbestos abatement activity
by observing, reporting, and documenting that the regulated area, containment,
or both is in compliance with this chapter and the specifications and plans, as
applicable;
(ii) identify and
document any correction needed;
(iii) document correction of any identified
issue of noncompliance with asbestos abatement activity in a regulated area,
containment, or both, as applicable, before work proceeds; and
(iv) report any identified issue of
noncompliance that was not corrected to DSHS, as required in § 296.41(f)
of this chapter (relating to License and Registration Requirements).
(D) At least one licensed asbestos
O&M supervisor or licensed asbestos abatement supervisor must supervise
every SSSD O&M activity performed as described in § 296.213 of this
chapter during all periods of asbestos abatement activity.
(c) Employees. If an employee or
delegated agent of any licensee who is an employer must intentionally disturb,
handle, or otherwise work with ACBM, or engage in an asbestos abatement
project, asbestos SSSD O&M activity, or other asbestos-related activity,
the employee must have an annual medical examination and respirator fit-test
that meets the requirements stated in the asbestos regulations of the EPA or
OSHA, as applicable, and be properly equipped, trained, and licensed as
required in this chapter.
(d)
Records. Project records for each asbestos-related activity in a public
building must be kept for 30 years from the date of project completion and made
available for inspection and review upon request from DSHS. Project records
include all findings of violation and disciplinary action issued against a
licensee by the EPA, OSHA, or a state agency. The recordkeeping
responsibilities for licensees are described in § 296.291 of this chapter
(relating to Recordkeeping).
(e)
Inspections and investigations. Each licensee, RFCI contractor, and building
owner must assist and cooperate with all properly identified representatives of
DSHS in the conduct of an asbestos inspection or investigation, as described in
§ 296.271(relating to Inspections and Investigations) of this chapter at
any reasonable time, with or without prior notice or permission.
(f) Respiratory protection program. Each
employer with one or more employees who perform any asbestos-related activity
must comply with the requirements in
29 CFR §
1910.134 (relating to Respiratory protection)
for establishing and following a written respiratory protection program, with
worksite-specific procedures, and in accordance with
29 CFR §
1926.1101(h)(2) (relating to
Asbestos), 29 CFR §
1910.1001(g)(2) (relating to
Asbestos), and 40 CFR Part 763, Subpart G (relating to Asbestos Worker
Protection), whichever is applicable. Each employer must maintain a current
copy of the respiratory protection program at all project locations. Required
respirators must be properly worn at all times in containment and as otherwise
required during asbestos abatement activity.
(1) The employer must provide for personal
air monitoring to determine airborne concentrations of asbestos exposure to its
employees in compliance with 40 CFR Part 763, Subpart G (relating to Asbestos
Worker Protection), or 29
CFR §
1926.1101, whichever is
applicable, unless the employer has obtained a negative exposure assessment in
compliance with 29 CFR
§
1926.1101.
(2) The employer must maintain, in a safe
working condition, a sufficient number of respirators of the types and styles
approved by NIOSH to meet all requirements for the employees. The employer and
any representative of the employer must not permit any person whose facial
characteristics, hair, mustache, or beard preclude the tight fit of a
negative-pressure respirator to enter the containment during any asbestos
abatement activity. The employer must select and provide an appropriate
respirator that correctly fits the employee, such as a positive pressure or
supplied-air respirator designed for usage with facial
hair.
(g) Suspect ACBM
found during the asbestos abatement project. A suspect building material found
during an asbestos abatement project that has not been surveyed must be treated
as ACBM. The material may be proven to be non-asbestos-containing by laboratory
analysis, as required in § 296.191(f) of this chapter (relating to
Asbestos Management in a Public Building, Commercial Building, or
Facility).
(h) Project air
monitoring, personal air monitoring, and project work practice monitoring. The
licensed asbestos consultant for an abatement project in a public building must
specify in writing the duties, responsibilities, and authority of the licensed
project manager, air monitoring technician, and AMT/PM. When asbestos is abated
under an alternative work practice established in Subchapter M of this chapter,
the project monitoring requirements for the chosen work practice apply and air
sampling and analysis must comply with the NIOSH 7400 requirements outlined in
paragraph (1) of this subsection, as applicable.
(1) Ambient air sampling. Air samples must be
collected by a licensed asbestos air monitoring technician, AMT/PM, or asbestos
consultant. The sample pumps must be monitored throughout the day during the
sampling period by the person collecting the samples. For all projects, samples
must be collected and analyzed using the NIOSH 7400 method, counting rules A,
Phase-contrast Microscopy (PCM). Samples must be collected at a flow rate
between 0.5 to 16 liters per minute on 0.8 micron mixed cellulose ester (MCE)
filters in cassettes with electrically conductive extension cowls. Only one
cassette may be placed on a pump at a time. PCM must be used in accordance with
the NIOSH 7400 method to determine the fiber concentration present.
Alternatively, the AHERA protocol may be used to determine volume and flow rate
needed for transmission electron microscopy (TEM) analysis in accordance with
the mandatory provisions of Appendix A (relating to Interim Transmission
Electron Microscopy Analytical Methods--Mandatory and Nonmandatory--and
Mandatory Section to Determine Completion of Response Actions) of AHERA.
(A) Baseline.
(i) Baseline air samples must be collected
before the start of any asbestos abatement project that requires a design as
described in § 296.191(i) and (j) of this chapter. The samples must be
collected from inside the space that will become the regulated area for the
project before any asbestos abatement activity that disturbs ACBM begins. A
minimum of three samples must be collected on 0.8 micron (MCE) filters loaded
in cassettes with electrically conductive extension cowls. The locations from
which baseline air samples are collected must provide suitable data for
comparison with indoor air monitoring samples collected after asbestos
abatement activities begin. Sampling and, if any, analysis must conform to the
NIOSH 7400 method, counting rules A. For each sample, a sample volume of at
least 1,250 liters must be drawn. Only one cassette may be placed on a pump at
a time.
(ii) Baseline air samples
must be kept for no fewer than 30 days after clearance is achieved.
(B) Air sampling during the
project.
(i) Ambient air samples must be
collected continually during disturbance of ACM or when asbestos abatement is
being conducted in a containment. Air samples must be analyzed in accordance
with the NIOSH 7400 method, counting rules A and only one cassette may be
placed on a pump at a time.
(ii)
Ambient air samples must be collected:
(I)
inside containment adjacent to the abatement activities;
(II) outside containment but inside the
building, if applicable;
(III)
within 10 feet of the unobstructed exhaust from the negative air unit
discharge, but not directly in the airstream, where feasible;
(IV) immediately outside the entrance to the
decontamination area used to enter the containment (representative of the air
being drawn into the containment area) or in the case of a remote
decontamination area, immediately outside the entrance to the
containment;
(V) immediately
outside the entrance of the bag-out area, if applicable; and
(VI) at any other location required by the
specifications and plans.
(C) Clearance.
(i) Project clearance must consist of an
initial visual inspection, followed by air clearance sampling, removal of
containment, and a final visual inspection.
(ii) Clearance air samples must be collected
inside the containment, as specified by a licensed asbestos consultant, with a
minimum of two samples per containment or in accordance with AHERA and OSHA
regulations, as applicable. Only one cassette may be placed on a pump at a
time.
(iii) All project activities,
except an SSSD O&M activity performed as described in § 296.213 of
this chapter, must be cleared by using aggressive air sampling. For each
sample, a sample volume of at least 1,250 liters must be drawn. All air
sampling and analysis must comply with the NIOSH 7400 requirements. Clearance
is achieved if no sample is reported greater than 0.01 f/cc by the analysis
report from the licensed laboratory.
(D) Air sample results. The licensed air
monitoring technician, AMT/PM, or licensed asbestos consultant must record in
writing the results of area, baseline, and clearance air samples that are
analyzed and document that the results are provided to the asbestos abatement
contractor verbally by the following time frames, unless the consultant designs
a sampling strategy that deviates from these time frames, as described in
paragraph (4) of this subsection:
(i) the
next working day after the date of sampling, for any air sample analyzed
on-site; or
(ii) for asbestos
abatement of friable ACBM, the third working day after the date of initial
sampling, for any air sample analyzed in an asbestos laboratory
off-site.
(2)
Personal air monitoring.
(A) Unless a
negative exposure assessment is made in compliance with
29 CFR §
1926.1101(f)(2)(iii)
(relating to Asbestos), personal air samples must be collected, monitoring
conducted, and employees informed of results, in compliance with 40 CFR Part
763, Subpart G (related to Asbestos Worker Protection) or
29 CFR §
1926.1101 (relating to Asbestos), as
applicable, and subsection (f) of this section.
(B) Without limiting the requirements of 40
CFR Part 763, Subpart G or 29 CFR §
1926.1101, as
applicable, a licensed air monitoring technician, AMT/PM, or asbestos
consultant must record in writing the results of personal air samples that are
analyzed and document that the results are provided to the asbestos abatement
contractor in writing by the following time frames, unless the asbestos
consultant designs a sampling strategy that deviates from these time frames, as
described in paragraph (4) of this subsection:
(i) the next working day after the date of
sampling, for any air sample analyzed on-site; or
(ii) for asbestos abatement of friable ACBM,
the third working day after the date of initial sampling for any air sample
analyzed in an asbestos laboratory off-site.
(3) Other monitoring requirements.
(A) Initial visual inspection. The licensed
asbestos abatement supervisor must perform an initial visual inspection of the
abatement area to confirm that all specified ACM was removed, encapsulated, or
enclosed. The asbestos abatement supervisor must ensure that all
abatement-related items are removed from the containment, excluding negative
air machines and equipment essential to maintain the containment and to perform
the visual inspection. Once the asbestos abatement supervisor confirms that all
specified ACM is addressed, a licensed asbestos consultant, or a licensed
asbestos project manager or licensed AMT/PM whom the asbestos consultant has
given written authorization to perform the visual inspection, must perform a
visual inspection to determine that all specified ACM was removed,
encapsulated, or enclosed. The initial visual inspection must be performed to
ensure compliance with this chapter, the site-specific specifications and
plans, AHERA, and NESHAP.
(B) Final
visual inspection. A final visual inspection must be performed after the
removal of containment and the initial visual inspection to determine if any
ACM escaped the containment or any ACWM remains. This visual inspection must be
conducted by a licensed asbestos consultant or the consultant's designated
licensed asbestos project manager or licensed AMT/PM and as required in
subsection (b)(1) of this section. The licensed asbestos abatement contractor
must abate all ACM and remove any ACWM discovered by the final visual
inspection, as required in this chapter.
(4) Deviations. A licensed asbestos
consultant must design the air monitoring strategies and may deviate from this
subsection or from the time frames required under § 296.54(c)(4) of this
chapter (relating to Asbestos Air Monitoring Technician) and paragraphs (1)(D)
and (2)(B) of this subsection for reporting air sampling results only if the
consultant demonstrates in writing in the specifications and plans that the
engineering controls are at least as protective of public health as the
requirements of this subsection, or for deviations from the time frames, why
the deviation is necessary and any additional controls put in place as a result
of the deviation. The deviation must be documented on the notification form and
described in the project specifications and plans. The asbestos consultant
must, upon request by DSHS, provide documentation and justification to support
any deviation and must be able to demonstrate that the design is as protective
of public health as the requirements of this subsection, paragraphs (1)(D) and
(2)(B) of this subsection, or § 296.54(c)(4) of this chapter, as
applicable.
(i) Posting
documents. Each licensed asbestos abatement contractor, licensed O&M
contractor, and RFCI contractor must post the following documents visible to
the public at the entrance to the regulated area:
(1) the Violation Notification Procedure
poster issued by DSHS; and
(2) a
copy of any asbestos-related order issued by DSHS or any other order from a
federal or state asbestos-regulating authority; each order must be posted for a
period of 12 months after the effective date of the order or for a federal
asbestos-related order, the period required by the federal asbestos-regulating
authority.
