| (a) License required. A person must be licensed as
an asbestos air monitoring technician project monitor (AMT/PM) and
have written delegated authority, as required in §296.58(b)(1)(J)
and (K) of this chapter (related to Asbestos Consultant) to perform
air monitoring services and asbestos project monitoring for an asbestos
abatement project or related activity in a public building. Unless
otherwise prohibited in §296.31 of this chapter (relating to
Conflict of Interest), a licensed asbestos consultant may also perform
the duties of a licensed AMT/PM and is subject to the same conditions,
restrictions, and requirements applicable to an AMT/PM under this
section.
(b) Licensee scope of practice.
(1) An AMT/PM must be employed by a licensed asbestos
consultant agency to monitor compliance with this chapter and the
specifications and plans, on behalf of the building owner, during
an asbestos abatement project.
(2) An AMT/PM may:
(A) provide personal air monitoring as required in §296.54
of this chapter (relating to Asbestos Air Monitoring Technician) and
project air monitoring as required in §296.54 of this chapter
and §296.58(c)(12) of this chapter;
(B) provide project monitoring as required in §296.58(c)(11)
of this chapter;
(C) recommend to the asbestos consultant changes to
the asbestos abatement specifications and plans; and
(D) assist the asbestos consultant in the development
of an asbestos exposure assessment.
(c) Licensee responsibilities. An AMT/PM must, consistent
with the scope of the AMT/PMs delegated authority in accordance with
section (a) of this section and §296.58(b)(1)(J) and (K) of this
chapter, as applicable;
(1) perform project air monitoring, as required in §296.54(b)
and §296.58(c)(12) of this chapter, or project monitoring, as
required in §296.58(c)(11) of this chapter, or both, and provide
the consultant with all project documents after completion of the
project;
(2) cooperate with DSHS personnel during inspections
and investigations, as required in §296.271 of this chapter (relating
to Inspections and Investigations); and
(3) comply with recordkeeping requirements and maintain
records on-site, as required in §296.291 of this chapter (relating
to Recordkeeping).
(d) Asbestos air monitoring technician and asbestos
project manager licensed before the effective date of this section.
An individual holding both the asbestos air monitoring technician
and project manager licenses issued before the effective date of this
section may apply for the AMT/PM license and continue to perform work
under and renew this license based upon the eligibility and renewal
requirements of the Texas Asbestos Health Protection rules that were
in effect when the individual licenses were issued. If an AMT/PM fails
to timely renew the license and the license remains expired for one
year or more, the license may not be renewed. The former AMT/PM may
re-apply for an initial license by meeting all education, work experience,
and other application requirements for initial licensure under §296.46
of this chapter (relating to Initial and Renewal Licensure Requirements
for an Individual).
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