| (a) Scope and limitations.
(1) Eligible activities. The alternative work practices
described in the following subparagraphs may be used for the removal
of the following intact ACM if the conditions of paragraph (2) of
this subsection are met and the work practices required under subsection
(b) of this section are followed. Other requirements of §296.212
of this chapter (relating to Standard Asbestos Abatement Practices
and Procedures in a Public Building) are not mandatory for the following
activities:
(A) removal of an asbestos cement sheet or wall panel
by unbolting or unscrewing and removing the whole sheet or panel intact;
(B) removal of a lab-type asbestos cement desktop by
either unbolting or unscrewing and removing the whole desktop intact;
(C) removal of a nonfriable countertop or backsplash
by completely removing the whole unit intact;
(D) removal of a window unit with window glazing, if
the window glazing is secured with tape or a similar material before
removal, and the whole window unit with window glazing is removed
intact;
(E) picking up one or more loose floor tiles that have
become completely disassociated from the floor and are either whole
or slightly broken, but which are still intact and not RACM;
(F) picking up a loose miscellaneous nonfriable item,
such as a roll of linoleum, a loose gasket, or a loose shingle;
(G) removal of a fire door with asbestos-containing
insulation from its hinges by removing the whole door, including its
hardware, intact;
(H) removal of any other nonfriable building component
by removing it as a whole component and keeping it intact; and
(I) removal of any packings, gaskets and mastics by
removing them whole and intact, if not otherwise removed using the
alternate method described in §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).
(2) Restrictions. If the following conditions are met
and the work practices required under subsection (b) of this section
are followed, other requirements of §296.212 of this chapter
are not mandatory for an activity described in paragraph (1) of this
subsection.
(A) ACM must be in good condition and removed as a
whole component, keeping the component intact with no breakage or
generation of dust during the removal or collection.
(B) ACM must not be RACM.
(C) If the ACM becomes RACM or cannot be removed as
a whole component and kept intact, all abatement activities must be
stopped, and the area must be prepared and abated as required 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)
or §296.212 of this chapter, as applicable.
(D) Only a licensed asbestos abatement contractor or
licensed asbestos abatement supervisor employed by a licensed asbestos
abatement contractor may perform an activity under this section. A
registered asbestos abatement worker may perform an activity under
this section only when supervised by a licensed asbestos abatement
supervisor. A licensed consultant is not required to design a project
that uses this alternative method and is conducted in accordance with
the requirements and restrictions of this section.
(E) Written notification must be provided, as required
in §296.251 of this chapter (relating to Notifications).
(b) Work practices. Work practices must include the
following:
(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 air monitoring technician project
monitor (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 the regulated area. To protect
the public from accidental entry, a 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) Asbestos material must be kept wet during removal
and disposal.
(4) Ambient air monitoring is not required.
(5) 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 AHERA, if applicable, and the regulated
area is free of all residual dust and debris. This paragraph does
not affect otherwise applicable requirements for personal air monitoring.
(6) A licensed asbestos consultant or the consultant's
designated licensed asbestos project manager or 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 supervisor's initial visual
inspection to:
(i) observe and determine if all ACBM required to be
removed was removed and containerized as required in this chapter
and AHERA, if applicable; and
(ii) the regulated area is free of all residual dust
and debris.
(7) The licensed asbestos abatement contractor must
abate all ACM and remove any ACWM discovered by the final visual inspection
as required in this chapter.
(8) ACWM must be double-wrapped in 6-mil thick plastic
sheeting, 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
and in accordance with NESHAP.
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