| (a) General provisions. The general work practices
in this section are minimum requirements for protection of public
health for standard projects using full containment in a public building
and do not constitute complete or sufficient specifications and plans
for an asbestos abatement project. An asbestos abatement project may
have specifications and plans for an asbestos abatement activity that
are specific to the project and are more detailed or stringent than
the requirements of this section so long as the work practices specified
are as protective of the public health as the general requirements
in this section. These specifications and plans, to the extent they
do not conflict with other applicable federal and state law must be
followed as a requirement of this chapter. Otherwise, the general
work practices described in this section must be used for asbestos
removal that does not meet the conditions required to use alternative
methods described in Subchapter M (relating to Alternative Asbestos
Practices and Procedures in a Public Building).
(1) Subject to the following conditions, and if otherwise
consistent with other applicable federal and state law, a licensed
asbestos consultant may specify work practices that vary from the
requirements of this section as long as the work practices specified
are as protective of public health.
(A) A licensed asbestos consultant who designs a project
that includes dry removal or no negative air must submit a written
request for approval to DSHS, including the project specifications
and plans or a written description of the design. The request must
include the licensed asbestos consultant's certification that the
design is as protective of public health as the work practices described
in this section and the consultant's basis for that conclusion. The
request must include documentation that a certified industrial hygienist
or a professional engineer licensed in Texas approved the design.
The consultant must not begin the project without written approval
from DSHS. The licensee must clearly describe the approved variance
on the notification form.
(B) A licensed asbestos consultant who designs a project
with work practices other than dry removal or no negative air that
differ from this section must document the variance on DSHS's notification
form. The licensee must clearly describe on the notification form
the work practices and demonstrate how the specific work practices
are as protective of public health as the work practices in this section.
DSHS may disapprove the proposed variation after receiving notice
or documentation under this subparagraph or any other information
related to the variation if DSHS does not or cannot determine that
the work practice variance is as protective of public health as the
work practices in this section.
(C) The asbestos consultant must, upon request by DSHS,
provide additional documentation and justification to support any
variance.
(2) A licensed asbestos contractor must follow the
specifications and plans for a design that varies from the general
work practices in compliance with this section.
(3) In addition to the requirements of this section,
abatement practices must be carried out in accordance with federal
standards for asbestos abatement and waste disposal in 40 CFR §61.145
(relating to Standard for demolition and renovation) and §61.150
(relating to Standard for waste disposal for manufacturing, fabricating,
demolition, renovation, and spraying operations).
(4) ACBM must be removed, encapsulated, or enclosed
within a regulated area that is demarcated. Except as provided 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), §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), 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), or, after
a clearance-level assessment is completed as required in §296.233
of this chapter (relating to Alternative Asbestos Practices and Procedures
for Small Projects and Repetitive Tasks in a Public Building), removal
of ACBM must take place within a containment.
(5) Except as otherwise provided in this paragraph
or 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, as determined by a licensed asbestos
consultant;
(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 may enter a containment if 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 containment must wear at a minimum the personal protective
equipment required for workers performing the asbestos-related activity,
must follow the specified decontamination procedures when exiting
the containment, and must comply with all other applicable health
and safety procedures.
(b) Containment construction.
(1) Plastic sheeting. When specified by a licensed
asbestos consultant that fire retardant plastic sheeting must be used,
it must be certified by the Underwriters Laboratory (UL) as being
fire retardant.
(2) Objects within containment. All uncontaminated
movable objects must be removed from the containment before the start
of asbestos abatement. Contaminated non-porous items that are to be
salvaged or reused must be decontaminated. Porous items that are contaminated
must be disposed of as ACWM. All non-movable objects that remain in
the containment must be decontaminated and covered with a minimum
of 4-mil thick plastic sheeting attached securely in place.
(3) Critical barriers. A regulated area within which
asbestos abatement is to be conducted must be separated from adjacent
areas by a minimum of one impermeable barrier, such as plastic sheeting
attached securely in place. Any opening between a containment and
adjacent areas must be sealed, including a window, doorway, elevator
opening, corridor entrance, ventilation opening, drain, duct, grill,
grate, diffuser, skylight, and lay-in suspended ceiling grid system
where the space above the grid is open to other rooms. The HVAC system
must be isolated from the regulated area, as required in paragraph
(9) of this subsection. A penetration of the sheeting that could permit
air infiltration or an air leak through the barrier must be sealed,
except the make-up air provision and the means of entry and exit.
When a critical barrier is placed over a large opening, such as a
corridor entrance or when isolating a portion of a hallway or a room,
the critical barrier becomes the containment wall and the plastic
sheeting requirements in paragraphs (4) and (5) of this subsection
apply in addition to the requirements of this paragraph.
(4) Floor abatement preparation. Floors must be sealed
to prevent water leakage by performing the following floor abatement
preparation. All floor surfaces must be completely covered by a minimum
of two layers of 6-mil thick plastic sheeting. Floor sheeting must
extend up sidewalls at least 12 inches and be sized to minimize the
number of seams. Seams must not be located at wall-to-floor joints.
When asbestos abatement includes wall removal, the asbestos consultant
must specify how removal will occur and how the practice will be at
least as protective of public health as the minimum requirements of
this section.
(5) Wall abatement preparation. All wall surfaces must
be completely covered by a minimum of two layers of 4-mil thick plastic
sheeting. Wall sheeting must be installed so as to minimize seams
and must extend beyond wall-to-floor joints at least 12 inches. The
wall sheeting must overlap the floor sheeting. Seams must not be located
at wall-to-wall joints. Where feasible, a viewing window must be included
in the wall for each 260 linear feet or fraction of that distance
that permits the viewing of at least 51% of the abatement work area.
At least one viewing window must be included in the wall, unless a
licensed asbestos consultant specifies that a viewing window is not
feasible. The window must be constructed of a transparent, shatter-resistant
panel, also called acrylic or acrylic glass, which measures approximately
18 inches by 18 inches. The window must be at a reasonable height
for viewing.
Cont'd... |
