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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 296TEXAS ASBESTOS HEALTH PROTECTION
SUBCHAPTER BDEFINITIONS
RULE §296.21Definitions

    (B) removal of asbestos-containing TSI, not to exceed amounts greater than those that can be contained in a single, standard (60 inches by 60 inches) glove bag and not intended as asbestos abatement;

    (C) minor repairs to damaged TSI that do not require removal;

    (D) repairs to a piece of asbestos-containing wallboard; and

    (E) repairs, involving encapsulation, enclosure, or removal, to small amounts of ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed amounts greater than those which can be contained in a single prefabricated mini-containment.

  (88) SSSD O&M activity--An O&M activity that is limited to SSSD activities.

  (89) Start date--The date defined as:

    (A) Asbestos abatement start date. For the purpose of notification to DSHS as required in §296.251 of this chapter (relating to Notifications), the date that the actual disturbance of asbestos begins. Abatement preparation that does not disturb asbestos is not the asbestos abatement start date.

    (B) Demolition start date. The date that the demolition begins. Asbestos preparation that does not wreck or remove a load-bearing structural member or move a building from its foundation is not the demolition start date.

  (90) Stop date--The date defined as:

    (A) Asbestos abatement stop date (completion date).

      (i) For the purpose of notification to DSHS as required in §296.251 of this chapter, the date that clearance is achieved as described in §296.211(h)(C)(iii) of this chapter (relating to General Requirements for Asbestos Abatement in a Public Building).

      (ii) For removal of resilient floor-covering material in accordance with §296.171 of this chapter (relating to Removal of Resilient Floor-Covering Material), the asbestos abatement stop date is the date that the ACBM is removed from the substrate and properly containerized as required in the RFCI work practices.

      (iii) For NESHAP projects, the asbestos abatement stop date is the date that all RACM is removed from the substrate and properly containerized.

    (B) Demolition stop date (completion date). In public buildings, commercial buildings, or facilities that do not contain RACM, the date that the wrecking or removal operations of load-bearing structural components or both are completed. In structurally unsound buildings or facilities that contain RACM, the demolition stop date is the date that load-bearing structural components are removed and RACM is containerized or removed from the site in accordance with 40 CFR §61.150 (relating to Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations).

  (91) Surfacing material--Material that is sprayed on, troweled on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes.

  (92) Survey--An inspection activity undertaken in a public building, commercial building, or facility to determine the quantities and locations of homogeneous areas of ACBM by assuming suspect material or collecting samples of such material and assessing its condition, whether by visual or physical examination.

    (A) This term includes reinspections of friable and nonfriable known or assumed ACBM previously identified, as described in 40 CFR §763.85(b) (relating to Inspection and reinspections).

    (B) This term does not include:

      (i) a periodic surveillance as described in 40 CFR §763.92(b) (relating to Training and periodic surveillance) performed solely for the purpose of recording or reporting a change in the condition of known or assumed ACBM;

      (ii) an inspection performed by an employee or agent of federal, state, or local government solely for the purpose of determining compliance with applicable statutes or regulations; or

      (iii) a visual inspection of the type described in 40 CFR §763.90(i) (relating to Response actions) solely for the purpose of determining proper completion of a response action.

  (93) Survey report--A report that contains:

    (A) for a public building:

      (i) a written description, diagram, or both that clearly and accurately identifies and reflects the location of each homogeneous area of suspected ACBM that is assumed to be ACM or was sampled for ACM, including the sampling location for each bulk sample and the dates that each sample was collected;

      (ii) a written description of:

        (I) the manner used to determine sampling locations;

        (II) the estimated amount of ACBM in each homogeneous area in square feet or, for ACBM on piping, in linear feet;

        (III) the type of material sampled; and

        (IV) the condition and friability of the ACBM, and the assessment of ACBM must conform to generally accepted industry standards, such as the AHERA requirements specified in 40 CFR Part 763, Subpart E (relating to Asbestos-Containing Materials in Schools), §§763.85 - 763.88, which is the required method for schools;

      (iii) the name, signature, and, as applicable, accreditation and state of accreditation or license number of the inspector performing each activity;

      (iv) the name, signature, and as applicable, accreditation and state of accreditation or license number of the licensed management planner or consultant employing the licensed asbestos inspector performing each activity; and

      (v) a copy of the analyses of any bulk samples, the dates of analyses, and a copy of any other laboratory reports pertaining to the analyses; or

    (B) for a NESHAP facility, a record of the thorough inspection of the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM that identifies:

      (i) the location of ACM; and

      (ii) the inspector that performed the survey.

  (94) TSI--Thermal system insulation. TSI is ACM applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior structural components to prevent heat loss or gain, water condensation, or for other similar purposes.

  (95) USC--The United States Code.

  (96) Working days--Monday through Friday, including a holiday that falls on one of those days.


Source Note: The provisions of this §296.21 adopted to be effective July 8, 2021, 46 TexReg 3880

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