Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION
Subchapter M - ALTERNATIVE ASBESTOS PRACTICES AND PROCEDURES IN A PUBLIC BUILDING
Section 296.232 - Alternative Asbestos Abatement Practices and Procedures for Certain Nonfriable Asbestos-Containing Building Material (ACBM) in a Public Building
Universal Citation: 25 TX Admin Code ยง 296.232
Current through Reg. 49, No. 38; September 20, 2024
(a) Scope and limitations.
(1) The alternative work
practices under subsection (b) of this section may be used for the removal of
the following intact, nonfriable ACBM:
(A)
any packing;
(B) any gaskets;
and
(C) any cements and
mastics.
(2) The work
practices described in subsection (b) of this section do not limit, and must be
followed in their entirety to the extent that they are consistent with, the
requirements of any other applicable law, including
29 CFR §
1926.1101 (relating to Asbestos) and must not
be used if the ACBM listed in paragraph (1) of this subsection becomes friable
during the removal project. Unless those work practices are followed, or if the
ACBM becomes friable or becomes RACM, all abatement activity must stop, and the
area prepared and abated in accordance with § 296.213 of this chapter
(relating to Asbestos Operations and Maintenance (O&M) Practices and
Procedures for O&M Licensees in a Public Building), if applicable, or
§ 296.212 of this chapter (relating to Standard Asbestos Abatement
Practices and Procedures in a Public Building).
(3) Only a person who is a licensed asbestos
abatement contractor, licensed asbestos abatement supervisor, or registered
asbestos abatement worker may conduct asbestos abatement of nonfriable ACBM
using the work practices outlined in subsection (b) of this section. A licensed
asbestos abatement supervisor must supervise any registered asbestos abatement
worker. A licensed asbestos consultant or the consultant's designated licensed
asbestos project manager or licensed asbestos air monitoring technician project
monitor (AMT/PM) must monitor the project for compliance with the requirements
of this section. A project design is not required for a project using this
alternative method.
(4) Written
notification must be provided, as required in § 296.251 of this chapter
(relating to Notifications).
(b) Work practices.
(1) A regulated area must be established
where asbestos abatement will be conducted, and at minimum, asbestos caution
tape must be used to demarcate the regulated area. Except as otherwise provided
by other applicable law, access to the regulated area must be limited to:
(A) licensees;
(B) emergency responders;
(C) licensed, registered, or accredited
building professionals required for emergency situations;
(D) appropriate governmental
inspectors;
(E) authorized
personnel, in accordance with
29 CFR §
1926.1101(e) (relating to
Asbestos); and
(F) a building owner
or building owner's authorized representative, if authorized by the licensed
asbestos abatement contractor and accompanied by the contractor, licensed
asbestos abatement supervisor, licensed asbestos consultant, or the
consultant's designated licensed asbestos project manager or licensed AMT/PM. A
building owner or building owner's authorized representative who enters the
regulated area must have at a minimum the personal protective equipment
required for workers performing the asbestos-related activity and must comply
with all other applicable health and safety procedures.
(2) A warning sign that complies with
29 CFR
§1926.1101, must be displayed at all
entrances to regulated area. To protect the public from accidental entry, the
warning sign must be displayed, at minimum, in both Spanish and English at the
same location. Asbestos caution tape must not be substituted for a warning
sign.
(3) All HVAC equipment in or
passing through the regulated area must be shut down, and preventative measures
taken to prevent accidental start-ups. Supply and return openings and seams in
system components must be sealed with at least 6-mil thick plastic sheeting,
tape, or both.
(4) All active
electrical service lines within the regulated area must be connected through
ground-fault circuit interrupter devices (GFCI). An electrical appliance must
not be plugged into an outlet unless equipped with a GFCI.
(5) ACBM must be wetted with amended water
and remain wet throughout the abatement activity.
(6) Work practices must not include grinding,
abrading, sanding, or pulverizing ACBM.
(7) HEPA vacuuming, wet cleaning, or both
must be used to decontaminate the regulated area and equipment until there is
no visible debris.
(8) ACWM must be
double-bagged into 6-mil thick plastic bags or sealed in leak-tight drums as
required in § 296.212(c) of this chapter and disposed of as required in
§296.212(c)(8) - (10) of this chapter.
(9) Ambient air must be monitored and
analyzed on-site by a licensed asbestos consultant or the consultant's
designated licensed asbestos air monitoring technician (AMT) or AMT/PM employed
by a licensed asbestos laboratory and as required in § 296.211(h)(1) of
this chapter (relating to General Requirements for Asbestos Abatement in a
Public Building). Samples must be taken throughout the regulated area and
adjacent to any active asbestos abatement activity and the asbestos consultant
or the asbestos consultant's designated AMT or AMT/PM must provide the result
of any ambient air analysis that exceeds a concentration of 0.01 f/cc (fibers
per cubic centimeter) to the asbestos abatement supervisor. All asbestos
abatement activity must be stopped and cleanup conducted as described in
subsection (a)(2) of this section if at any time the result of ambient air
analysis exceeds a concentration of 0.01 f/cc (fibers per cubic centimeter) for
any sample, when measured by phase contrast microscopy using the NIOSH 7400
method.
(10) A licensed asbestos
abatement supervisor must perform an initial visual inspection upon completion
of the project to confirm that all ACBM required to be removed was removed and
containerized as required in this chapter and that the abatement work area is
free of all residual dust and debris. This paragraph does not affect otherwise
applicable requirements for personal air monitoring.
(11) A licensed asbestos consultant or the
consultant's designated licensed asbestos project manager or licensed AMT/PM
must:
(A) monitor the project for compliance
with the requirements of this section; and
(B) perform a final visual inspection upon
completion of the project and the asbestos abatement contractor's initial
visual inspection to observe and determine if all ACBM required to be removed
was removed and containerized as required in this chapter and the abatement
work area is free of all residual dust and debris.
(12) The licensed asbestos abatement
contractor must abate all ACM and remove any ACWM discovered by the final
visual inspection as required in this chapter.
(13) Work practices must be performed in
accordance with 29 CFR
§
1926.1101 (relating to Asbestos), as
applicable.
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