| (a) License required. A person must be licensed as
an asbestos consultant to provide asbestos consulting services relating
to a public building.
(b) Licensee scope of practice.
(1) An asbestos consultant may:
(A) design an asbestos abatement project;
(B) specify work practices that vary from the minimum
requirements, as described in §296.212(a)(1)(A) of this chapter
(relating to Standard Asbestos Abatement Practices and Procedures
in a Public Building);
(C) collect bulk material samples and plan sampling
strategies;
(D) develop a management plan;
(E) perform an asbestos survey and develop an asbestos
survey report;
(F) provide consultation regarding compliance with
asbestos regulations and standards;
(G) recommend abatement options, prepare contract documents
for an asbestos abatement project, and provide technical specifications
and plans;
(H) provide the building owner with asbestos project
monitoring services, asbestos air monitoring services, or sampling
strategies, alone or in combination, to be used during an asbestos
abatement project;
(I) recommend appropriate personal protective equipment
for an asbestos abatement activity;
(J) designate a project manager or an asbestos air
monitoring technician project monitor (AMT/PM) to provide project
monitoring and delegate specific responsibilities and authority to
the project manager or AMT/PM in writing, for which the consultant,
as well as the project manager or AMT/PM performing the delegated
responsibility, are responsible;
(K) designate an asbestos air monitoring technician
or AMT/PM to provide project air monitoring and delegate specific
responsibilities and authority to the AMT or AMT/PM in writing, for
which the consultant, as well as the AMT or AMT/PM performing the
delegated responsibility, are responsible; and
(L) design, supervise, and direct an exposure assessment
for purposes of §296.233(c) of this chapter (relating to Alternative
Asbestos Practices and Procedures for Small Projects and Repetitive
Tasks in a Public Building) that meet the requirements of that subsection.
(2) An asbestos consultant must not:
(A) design an asbestos abatement project that includes
alterations to a building's structure, or its electrical, mechanical,
or safety systems, or their components, unless the consultant is or
works together with a licensed professional engineer in Texas and
the specifications and plans are prepared in accordance with all applicable
requirements of Texas Occupations Code, Chapter 1001 (relating to
Engineers) and 22 TAC Part 6 (relating to Texas Board of Professional
Engineers); or
(B) employ an asbestos inspector, asbestos project
manager, asbestos air monitoring technician, AMT/PM, asbestos management
planner, or any additional asbestos consultant to work in the capacity
of that individual's license unless the asbestos consultant is licensed
as an asbestos consultant agency, as required in §296.59 of this
chapter (relating to Asbestos Consultant Agency).
(c) Licensee responsibilities. When providing the following
professional services to the building owner or the building owner's
authorized representative, an asbestos consultant must:
(1) provide the building owner or the building owner's
authorized representative with a signed written asbestos survey report
after completion of an asbestos survey or assessment, as described
in §296.53(b) of this chapter (relating to Asbestos Inspector),
which must advise the building owner of the recommendation to address
ACBM or assumed ACBM that is damaged or separating and the requirement
to address ACBM that will be disturbed as part of any renovation,
demolition, or O&M activity;
(2) provide a management plan, as required in §296.56(c)
of this chapter (relating to Asbestos Management Planner);
(3) design an asbestos abatement project, as described
in §296.21(16) of this chapter related to (Definitions);
(4) design and supervise any clearance-level assessment
that is performed under §296.233 of this chapter;
(5) prepare site-specific specifications and plans
consisting of:
(A) a clear and understandable written description
of the determinations made during the asbestos abatement project design
including the work to be performed and:
(i) the location and total quantities of homogeneous
areas of ACBM to be removed;
(ii) the asbestos abatement methods and air clearance
procedures to be used;
(iii) the abatement preparations to be made;
(iv) the equipment to be used; and
(v) the appropriate selection of personal protective
equipment to be used; and
(B) drawings, floor plans, or the equivalent, that
distinctly display the location of asbestos abatement activities and
equipment to be used with a level of detail and in a size sufficient
to make each location visually discernable, including the approximate
locations of:
(i) the negative air machines;
(ii) the decontamination unit;
(iii) the bag-out area, if used; and
(iv) the boundaries of the containment;
(C) a clear and understandable written description
of ACWM disposal methods, including:
(i) labeling of ACWM containers, in accordance with
40 CFR §61.150(a)(1)(iv) and (v) (relating to Standard for waste
disposal for manufacturing, fabricating, demolition, renovation, and
spraying operations); and
(ii) marking ACWM transport vehicles, in accordance
with 40 CFR §61.150(c);
(D) the consultant's signature on every page that addresses
the scope of work or contains drawings related to the abatement work;
and
(E) a cover page with the consultant's signature, date,
license number, and license expiration date;
(6) if required under §296.212(a)(1)(A) of this
chapter, receive written approval from DSHS for specifications and
plans prepared for an asbestos abatement project design that includes
dry removal or no negative air before releasing specifications and
plans to the asbestos abatement contractor;
(7) review specifications and plans developed by another
asbestos consultant or asbestos consultant agency, for which the consultant
must:
(A) review every page that addresses the scope of work
or contains drawings related to the asbestos abatement project for
which the consultant is preparing documents, as required under this
subparagraph;
(i) amend each page, as needed; and
(ii) sign every reviewed page; and
(B) prepare a separate cover page that indicates the
adequacy of the specifications and plans, references any amendments,
and includes the consultant's signature, date, license number, and
license expiration date; the consultant assumes responsibility for
the content by signing the cover page;
(8) provide the site-specific specifications and plans
used for asbestos abatement and prepared by the consultant, developed
by another asbestos consultant or asbestos consultant agency, or both
to the building owner before the asbestos abatement begins;
(9) advise on the selection and use of appropriate
personal protective equipment for each asbestos abatement activity;
(10) review suggested changes to the asbestos abatement
specifications and plans recommended by the consultant's designated
project manager or AMT/PM and, if amending specifications and plans:
(A) amend each relevant page of the specifications
and plans in writing;
(B) sign every amended page; and
(C) provide the amended specifications and plans to
the designated project manager or AMT/PM, building owner, and asbestos
abatement supervisor for the project;
(11) provide project monitoring, either personally
or through a project manager or AMT/PM to whom the consultant has
specifically delegated authority and responsibility as required in
subsection (b)(1)(J) of this section, as follows:
(A) enter and inspect the regulated area, containment,
or both, as necessary to monitor that asbestos abatement activities
are conducted, as required by regulations adopted by reference in §296.2
of this chapter (relating to Reference of Federal Standards), in Subchapter
L of this chapter (relating to General Requirements, and Practices
and Procedures for Asbestos Abatement in a Public Building), and Subchapter
M of this chapter (relating to Alternative Asbestos Practices and
Procedures in a Public Building), as applicable, for the duration
of the project, every day of asbestos abatement activity, before the
start of the asbestos abatement activity for the day, and routinely
throughout the day, from the beginning of containment abatement preparation
through Cont'd... |
