| (2) Only individual amounts of nonfriable ACBM to be
removed that are in the same unit of measurement require combination
for purposes of determining whether a project design is required.
(3) An asbestos abatement project that has a combined
amount of nonfriable ACBM to be removed equal to or less than 160
square feet of surface area, 260 linear feet of pipe length, or 35
cubic feet of material; and a project conducted as described in §296.231
of this chapter (relating to Alternative Practices and Procedures
for Removal of Asbestos-Containing Resilient Floor-Covering Material
in a Public Building); §296.232 of this chapter (relating to
Alternative Asbestos Abatement Practices and Procedures for Certain
Nonfriable Asbestos-Containing Building Material (ACBM) in a Public
Building); §296.233 of this chapter; and §296.234 of this
chapter (relating to Alternative Practices and Procedures for Removal
of Whole Components of Intact Asbestos-Containing Material (ACM) in
a Public Building) does not require an asbestos abatement project
design.
(4) In a commercial building, nonfriable material does
not require a project design, but must be treated in accordance with
NESHAP.
(l) Asbestos control and abatement in a public building.
The public building owner must manage the asbestos found in the owner's
building in accordance with the following requirements.
(1) The building owner must hire a licensed asbestos
consultant, licensed asbestos consultant agency, licensed asbestos
management planner, or licensed asbestos management planner agency
to perform an asbestos survey that may be used for O&M activities,
renovation, or demolition.
(2) The building owner must hire a licensed asbestos
abatement contractor to conduct:
(A) asbestos abatement in accordance with §296.212
of this chapter (Standard Asbestos Abatement Practices and Procedures
in a Public Building);
(B) asbestos abatement of nonfriable ACBM using the
work practices described in §296.232 of this chapter, where applicable;
(C) small projects or repetitive tasks involving the
disturbance of friable ACBM, under the conditions and using the work
practices described in §296.233 of this chapter; and
(D) an activity described and conducted in accordance
with §296.234 of this chapter.
(3) The building owner must hire or retain a licensed
asbestos abatement contractor or a licensed asbestos O&M contractor
to conduct an SSSD O&M activity or cleanup affecting asbestos,
in accordance with in §296.213 of this chapter (relating to Asbestos
Operations and Maintenance (O&M) Practices and Procedures for
O&M Licensees in a Public Building). When utility work is to be
performed, the building owner must either have the affected ACM removed
before the work of a utility contractor or require the utility contractor
to be licensed to handle ACM.
(4) A building owner licensed as an asbestos abatement
contractor, as required in §296.50 of this chapter (relating
to Asbestos Abatement Contractor) or as an asbestos O&M contractor,
as required in §296.52 of this chapter (relating to Asbestos
Operations and Maintenance Contractor) may conduct the activities
described in paragraphs (2) and (3) of this subsection, as applicable.
(5) The building owner must hire a licensed asbestos
management planner, licensed asbestos management planner agency, licensed
asbestos consultant, or licensed asbestos consultant agency to develop
a management plan to control ACM during O&M, renovation, and demolition,
if applicable.
(m) Mandatory notification. Notification is required
under §296.251 of this chapter (relating to Notifications) under
the following conditions.
(1) Notification is required for any demolition of
a facility or public building, whether or not asbestos has been identified.
(2) In a public building, a notification to abate any
amount of ACBM must be submitted to DSHS by the public building owner
or operator or delegated agent.
(3) In a facility, a notification to abate an amount
of RACM described in NESHAP must be submitted to DSHS by the facility
owner or operator.
(n) Requirement for survey and management plan. A building
owner or the building owner's authorized representative, if required
by certified letter from DSHS, must immediately obtain an asbestos
survey report and asbestos management plan completed by a licensed
asbestos inspector, licensed asbestos management planner, or licensed
asbestos consultant, if, in the opinion of DSHS following a site inspection
of a public building, there appears to be a danger or potential danger
from ACBM in poor condition to the workers or occupants of the building
or to the general public. A copy of the management plan must be submitted
for review and approval to DSHS within 90 days after receipt of the
certified letter. A copy of the plan must be on file with the owner
or management agency and in the possession of the supervisor in charge
of building operations and maintenance.
(o) Installation of new materials in a public building.
Texas Health and Safety Code, Chapter 161, Subchapter Q (relating
to Installation of Asbestos), requires the following:
(1) A person who installs a building material or replacement
part designated in paragraph (2) of this subsection in a public building
must obtain an MSDS or SDS before the installation. A person must
not install a material or part designated in paragraph (2) of this
subsection that requires an MSDS or SDS under this paragraph unless:
(A) the person obtains an MSDS or SDS for the material
proposed to be installed showing that the material or replacement
part is not ACM; or
(B) the material or replacement part, according to
the MSDS or SDS, is ACM, but the building owner or contractor can
demonstrate that there is no alternative material or part.
(2) A person must obtain an MSDS or SDS before installing
the following building materials or replacement parts:
(A) surfacing materials:
(i) acoustical plaster;
(ii) decorative plaster/stucco;
(iii) textured paint/coating;
(iv) spray applied insulation;
(v) blown-in insulation;
(vi) fireproofing insulation;
(vii) joint compound; and
(viii) spackling compounds;
(B) TSI:
(i) taping compounds (thermal);
(ii) HVAC duct insulation;
(iii) boiler insulation;
(iv) breaching insulation;
(v) pipe insulation; and
(vi) thermal paper products;
(C) miscellaneous material:
(i) cement pipes;
(ii) cement wallboard/siding;
(iii) asphalt/vinyl floor tile;
(iv) vinyl sheet flooring/vinyl wall coverings;
(v) floor backing;
(vi) construction mastic;
(vii) ceiling tiles/lay-in ceiling panels;
(viii) packing materials;
(ix) high temperature gaskets;
(x) laboratory hoods/table tops;
(xi) fire blankets/curtains;
(xii) elevator equipment panels;
(xiii) elevator brake shoes;
(xiv) ductwork flexible fabric connections;
(xv) cooling towers;
(xvi) heating and electrical ducts;
(xvii) electrical panel partitions;
(xviii) electrical cloth/electrical wiring insulation;
(xix) chalkboards;
(xx) roofing shingles/tiles;
(xxi) roofing felt;
(xxii) base flashing;
(xxiii) fire doors;
(xxiv) caulking/putties;
(xxv) adhesives/mastics;
(xxvi) wallboard; and
(xxvii) vermiculite.
(p) Application for exemption. An owner or licensee
may apply to DSHS for an exemption of a demolition or renovation project
from any rule under this chapter relating to demolition and renovation
activities, that DSHS, in its sole discretion, may grant if the rule
exemption is not inconsistent with the Act and it meets one of the
following conditions:
(1) the EPA has exempted the project from federal regulations;
or
(2) DSHS determines that:
(A) the project will use a method for the abatement
or removal of asbestos that provides protection for the public health
and safety at least equivalent to the protection provided by the procedure
required in this chapter for the abatement or removal of asbestos;
and
Cont'd... |
