The following words and terms, when used in this chapter, have
the following meaning, unless the context clearly indicates otherwise.
(1) Abatement preparation--Preparation before asbestos
abatement begins, which includes the following activities:
(A) removing any movable objects from the interior
space of a public building once an asbestos abatement contractor takes
control of that space for the purpose of asbestos abatement;
(B) pre-cleaning, wet wiping, HEPA vacuuming, and sealing
a penetration or opening;
(C) installing plastic sheeting, such as a critical
barrier, any part of a decontamination system, or any part of the
water line connections to a shower, drain, or filtration;
(D) setting-up or using a load-out or bag-out system;
(E) selecting, installing, or maintaining a respiratory
system or fiber reduction system (such as misting or spraying);
(F) posting warning signs;
(G) installing engineering controls, including local
exhaust ventilation equipped with a HEPA filter dust collection system,
construction of a containment or isolation mechanism to control processes
producing asbestos dust, and ventilation of the regulated area to
move contaminated air away from the breathing zone of persons in containment
and toward a filtration or collection device equipped with a HEPA
filter;
(H) installing scaffolding in an area in which asbestos
may be disturbed during the installation; and
(I) installing, setting-up, and calibrating monitoring
devices, including sampling systems and manometers.
(2) ACBM--Asbestos-containing building material. Surfacing,
TSI, or miscellaneous ACM that is found in, or on interior structural
members or other parts of, a public or commercial building.
(3) Accredited person--A person who has attended and
passed, within the last year, the appropriate asbestos course, as
described in the MAP, that:
(A) has been approved by DSHS and offered by a DSHS-licensed
asbestos training provider;
(B) has been approved by another state that has the
authority from EPA to approve courses; or
(C) has been approved directly by EPA.
(4) ACM--Asbestos-containing material. Materials or
products, including any single material component of a structure or
any layer of a material sample that, when analyzed for asbestos using
the method specified in 40 CFR Part 763, Subpart E, Appendix E, Section
1 (relating to Polarized Light Microscopy), by a laboratory accredited
by the NVLAP for polarized light microscopy, or by using the EPA-recommended
method listed in EPA/600/R-93/116 for transmission electron microscopy,
are found to contain:
(A) for purposes of complying with this chapter's provisions
relating to a public building, 1.0% or more asbestos;
(B) for purposes of complying with AHERA provisions
relating to a school building, greater than 1.0% asbestos;
(C) for purposes of complying with NESHAP provisions
relating to commercial buildings and facilities, greater than 1.0%
asbestos; or
(D) for purposes of complying with OSHA provisions
relating to occupational asbestos exposure, greater than 1.0% asbestos.
(5) Act--The Texas Asbestos Health Protection Act,
Texas Occupations Code, Chapter 1954.
(6) ACWM--Asbestos-containing waste material. This
term includes mill tailings or any waste material that contains asbestos
and is generated by a source subject to the provisions of NESHAP or
this chapter. This term includes filters from control devices, friable
asbestos waste material, and bags or other similar packaging contaminated
with asbestos. As applied to demolition and renovation operations,
this term also includes RACM and materials contaminated with asbestos,
including disposable equipment and clothing.
(7) Adequately wet--Sufficiently mixed or penetrated
with liquid to prevent the release of particulates. If visible emissions
are observed coming from ACM, then that material is not adequately
wet. However, the absence of visible emissions is not sufficient evidence
of being adequately wet.
(8) Aggressive air sampling--Collecting air samples
after walls, ceilings, and floors are swept with the exhaust of an
unaltered leaf blower that is operated per the manufacturer's instructions
and is directed at all surfaces to cause loose asbestos fibers to
become airborne.
(9) AHERA--For purposes of this chapter, the Asbestos
Hazard Emergency Response Act of 1986, 15 USC §2641, et seq.,
and EPA's implementing regulations under 40 CFR Part 763, Subpart
E (relating to Asbestos-Containing Materials in Schools), adopted
by reference as part of this chapter.
(10) Airlock--A system for permitting movement into
and out of the containment that controls air-flow patterns such that
the air flows only towards the inside of the enclosure to which the
decontamination system is attached. An airlock may consist of overlapping
curtains, partitions to a separate chamber, or both.
(11) Air monitoring--The collection of air samples
for the analysis of fibers.
(12) Amended water--Water to which a surfactant (wetting
agent) has been added to increase the ability of the liquid to penetrate
ACM.
(13) Asbestos--The asbestiform varieties of chrysotile,
amosite, crocidolite, tremolite, anthophyllite, and actinolite.
(14) Asbestos abatement--Asbestos removal, encapsulation,
or enclosure to reduce or eliminate, or that has the effect of reducing
or eliminating, a concentration of asbestos fibers or an ACM.
(15) Asbestos abatement activity--Asbestos abatement,
or any on-site abatement preparations or cleanup related to the abatement.
(16) Asbestos abatement project design--The design
for an asbestos abatement project that includes, at minimum:
(A) the review of the survey report of a public building
for ACBM;
(B) the evaluation and selection of appropriate asbestos
abatement methods;
(C) the preparation of the project layout;
(D) the preparation of specifications and plans; and
(E) the determination of environmental controls, abatement
procedures, and personal protection equipment to be employed every
day of the asbestos abatement activity, from the start through the
completion date of the project.
(17) Asbestos-related activity--Activities including:
(A) the removal, encapsulation, or enclosure of asbestos,
whether intentional or unintentional;
(B) the preparations for final clearance;
(C) the performance of an asbestos survey;
(D) the development of an asbestos survey report, management
plan, or response action;
(E) the design of an asbestos abatement project;
(F) the collection or analysis of a bulk asbestos sample;
(G) the monitoring for airborne asbestos; or
(H) any other activity for which a license is required
under the Act.
(18) Asbestos removal--Any action that disturbs, dislodges,
strips, or otherwise takes away asbestos fibers or ACM.
(19) ASTM E1494-18--The 2018 edition of the Standard
Practice for Testing Physical Properties of Friable Surfacing Materials
developed by ASTM International, www.astm.org.
(20) Bag-out area--An area distinct from the decontamination
area that is used to decontaminate asbestos waste bags before placing
them into outer bags.
(21) Building owner--The owner of record of a building.
(22) Category I nonfriable ACM--Asbestos-containing
packings, gaskets, resilient floor-covering material, and asphalt
roofing products determined to be ACM.
(23) Category II nonfriable ACM--Any material determined
to be ACM, excluding Category I nonfriable ACM, that when dry, cannot
be crumbled, pulverized, or reduced to powder by hand pressure.
(24) CFR--The Code of Federal Regulations.
(25) Commercial building--The interior space of any
building that does not otherwise fall within the definition of a public
building. Interior space includes exterior hallways connecting buildings,
porticos, and mechanical systems used to condition interior space.
This term includes industrial buildings, federal government-owned
buildings, warehouses, and factories. This term does not include a
detached single private residence or single apartment building with
four or fewer dwelling units.
(26) Commissioner--The commissioner of the Department
of State Health Services.
(27) Containment--A portion of the regulated area that
has been sealed and placed under negative air pressure using negative
air machines with HEPA filters.
(28) Critical barrier--An impermeable barrier, such
as plastic sheeting or dividing wall, sealing any opening between
the containment and adjacent areas.
(29) Decontamination area--An enclosed area consisting
of an equipment room, shower room, and clean room that is used for
the decontamination of persons, materials, and equipment that are
contaminated with asbestos. This area is adjacent to, and where feasible,
connected to, the containment.
(30) Demolition--The wrecking or removal of any load-supporting
structural member of a public building or facility for the purpose
of razing the building or portion of the building to the ground, or
the intentional burning of any public building or facility. The removal
of load-supporting structural members followed by resupport of the
structure is considered renovation, not demolition. Moving a building
from its foundation is considered demolition.
(31) Designated person--The individual designated by
an LEA in accordance with, and to ensure compliance with, AHERA.
(32) Disturbance--Activities that disrupt the matrix
of ACM, render ACM friable, or generate visible debris from ACM.
(33) DSHS--The Department of State Health Services.
(34) Emergency renovation operation--A renovation operation
that was not planned but results from a sudden, unexpected event that,
if not immediately attended to, presents a safety or public health
hazard, is necessary to protect equipment from damage, or is necessary
to avoid imposing an unreasonable financial burden. This term includes
operations necessitated by nonroutine failures of equipment or systems,
such as water, steam, and electrical systems.
(35) Emergency responder--Any person responsible for
mitigation activities in a medical emergency, fire emergency, hazardous
material emergency, or natural disaster.
(36) Employee--A person who works in expectation of
compensation in the service of an employer and whose work performance
is subject to the direction and control of the employer.
(37) Encapsulation--A method of control of asbestos
fibers in which the surface of ACM is penetrated by or covered with
a coating prepared for that purpose. Painting with a non-encapsulant
that does not disturb asbestos is not an asbestos-related activity.
(38) Enclosure--The construction of an airtight, impermeable,
permanent wall and ceiling or comparable barrier around ACM to prevent
the release of asbestos fibers into the air.
(39) EPA--The United States Environmental Protection
Agency.
(40) Exposure assessment--A determination by an employer
in accordance with 29 CFR §1926.1101(f) of the level of employee
exposure to asbestos fibers by analyzing breathing zone air samples
that are representative of an 8-hour time-weighted average and a 30-minute
representative short-term exposure of each employee.
(41) Facility--Any institutional, commercial, public,
industrial, or residential structure, installation, or building (including
any structure, installation, or building containing condominiums or
individual dwelling units operated as a residential cooperative, but
excluding a single residential building having four or fewer dwelling
units); any ship; and any active or inactive waste disposal site.
For purposes of this chapter, any building, structure, or installation
that contains a loft used as a dwelling is not considered a residential
structure, installation, or building.
(42) Facility owner or operator--Any person who owns,
leases, operates, controls, or supervises the facility being demolished
or renovated or any person who owns, leases, operates, controls, or
supervises the demolition or renovation operation, or both.
(43) Federal government-owned building--Any building
owned by the United States Federal Government. This term does not
include space leased by the United States Federal Government.
(44) Friable asbestos material--Any ACM that, when
dry, can be crumbled, pulverized, or reduced to powder by hand pressure.
(45) HEPA--A high-efficiency particulate air filtration,
capable of trapping and retaining 99.97% of mono-dispersed airborne
particles that are 0.3 micron or larger in diameter.
(46) HVAC--Heating, ventilation, and air conditioning.
(47) Independent third-party air monitor--A person
retained to collect area air samples to be analyzed for the owner
of the building or facility being abated.
Cont'd... |
