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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 296TEXAS ASBESTOS HEALTH PROTECTION
SUBCHAPTER LGENERAL REQUIREMENTS, AND PRACTICES AND PROCEDURES FOR ASBESTOS ABATEMENT IN A PUBLIC BUILDING
RULE §296.211General Requirements for Asbestos Abatement in a Public Building

Alternatively, the AHERA protocol may be used to determine volume and flow rate needed for transmission electron microscopy (TEM) analysis in accordance with the mandatory provisions of Appendix A (relating to Interim Transmission Electron Microscopy Analytical Methods--Mandatory and Nonmandatory--and Mandatory Section to Determine Completion of Response Actions) of AHERA.

    (A) Baseline.

      (i) Baseline air samples must be collected before the start of any asbestos abatement project that requires a design as described in §296.191(i) and (j) of this chapter. The samples must be collected from inside the space that will become the regulated area for the project before any asbestos abatement activity that disturbs ACBM begins. A minimum of three samples must be collected on 0.8 micron (MCE) filters loaded in cassettes with electrically conductive extension cowls. The locations from which baseline air samples are collected must provide suitable data for comparison with indoor air monitoring samples collected after asbestos abatement activities begin. Sampling and, if any, analysis must conform to the NIOSH 7400 method, counting rules A. For each sample, a sample volume of at least 1,250 liters must be drawn. Only one cassette may be placed on a pump at a time.

      (ii) Baseline air samples must be kept for no fewer than 30 days after clearance is achieved.

    (B) Air sampling during the project.

      (i) Ambient air samples must be collected continually during disturbance of ACM or when asbestos abatement is being conducted in a containment. Air samples must be analyzed in accordance with the NIOSH 7400 method, counting rules A and only one cassette may be placed on a pump at a time.

      (ii) Ambient air samples must be collected:

        (I) inside containment adjacent to the abatement activities;

        (II) outside containment but inside the building, if applicable;

        (III) within 10 feet of the unobstructed exhaust from the negative air unit discharge, but not directly in the airstream, where feasible;

        (IV) immediately outside the entrance to the decontamination area used to enter the containment (representative of the air being drawn into the containment area) or in the case of a remote decontamination area, immediately outside the entrance to the containment;

        (V) immediately outside the entrance of the bag-out area, if applicable; and

        (VI) at any other location required by the specifications and plans.

    (C) Clearance.

      (i) Project clearance must consist of an initial visual inspection, followed by air clearance sampling, removal of containment, and a final visual inspection.

      (ii) Clearance air samples must be collected inside the containment, as specified by a licensed asbestos consultant, with a minimum of two samples per containment or in accordance with AHERA and OSHA regulations, as applicable. Only one cassette may be placed on a pump at a time.

      (iii) All project activities, except an SSSD O&M activity performed as described in §296.213 of this chapter, must be cleared by using aggressive air sampling. For each sample, a sample volume of at least 1,250 liters must be drawn. All air sampling and analysis must comply with the NIOSH 7400 requirements. Clearance is achieved if no sample is reported greater than 0.01 f/cc by the analysis report from the licensed laboratory.

    (D) Air sample results. The licensed air monitoring technician, AMT/PM, or licensed asbestos consultant must record in writing the results of area, baseline, and clearance air samples that are analyzed and document that the results are provided to the asbestos abatement contractor verbally by the following time frames, unless the consultant designs a sampling strategy that deviates from these time frames, as described in paragraph (4) of this subsection:

      (i) the next working day after the date of sampling, for any air sample analyzed on-site; or

      (ii) for asbestos abatement of friable ACBM, the third working day after the date of initial sampling, for any air sample analyzed in an asbestos laboratory off-site.

  (2) Personal air monitoring.

    (A) Unless a negative exposure assessment is made in compliance with 29 CFR §1926.1101(f)(2)(iii) (relating to Asbestos), personal air samples must be collected, monitoring conducted, and employees informed of results, in compliance with 40 CFR Part 763, Subpart G (related to Asbestos Worker Protection) or 29 CFR §1926.1101 (relating to Asbestos), as applicable, and subsection (f) of this section.

    (B) Without limiting the requirements of 40 CFR Part 763, Subpart G or 29 CFR §1926.1101, as applicable, a licensed air monitoring technician, AMT/PM, or asbestos consultant must record in writing the results of personal air samples that are analyzed and document that the results are provided to the asbestos abatement contractor in writing by the following time frames, unless the asbestos consultant designs a sampling strategy that deviates from these time frames, as described in paragraph (4) of this subsection:

      (i) the next working day after the date of sampling, for any air sample analyzed on-site; or

      (ii) for asbestos abatement of friable ACBM, the third working day after the date of initial sampling for any air sample analyzed in an asbestos laboratory off-site.

  (3) Other monitoring requirements.

    (A) Initial visual inspection. The licensed asbestos abatement supervisor must perform an initial visual inspection of the abatement area to confirm that all specified ACM was removed, encapsulated, or enclosed. The asbestos abatement supervisor must ensure that all abatement-related items are removed from the containment, excluding negative air machines and equipment essential to maintain the containment and to perform the visual inspection. Once the asbestos abatement supervisor confirms that all specified ACM is addressed, a licensed asbestos consultant, or a licensed asbestos project manager or licensed AMT/PM whom the asbestos consultant has given written authorization to perform the visual inspection, must perform a visual inspection to determine that all specified ACM was removed, encapsulated, or enclosed. The initial visual inspection must be performed to ensure compliance with this chapter, the site-specific specifications and plans, AHERA, and NESHAP.

    (B) Final visual inspection. A final visual inspection must be performed after the removal of containment and the initial visual inspection to determine if any ACM escaped the containment or any ACWM remains. This visual inspection must be conducted by a licensed asbestos consultant or the consultant's designated licensed asbestos project manager or licensed AMT/PM and as required in subsection (b)(1) of this section. The licensed asbestos abatement contractor must abate all ACM and remove any ACWM discovered by the final visual inspection, as required in this chapter.

  (4) Deviations. A licensed asbestos consultant must design the air monitoring strategies and may deviate from this subsection or from the time frames required under §296.54(c)(4) of this chapter (relating to Asbestos Air Monitoring Technician) and paragraphs (1)(D) and (2)(B) of this subsection for reporting air sampling results only if the consultant demonstrates in writing in the specifications and plans that the engineering controls are at least as protective of public health as the requirements of this subsection, or for deviations from the time frames, why the deviation is necessary and any additional controls put in place as a result of the deviation. The deviation must be documented on the notification form and described in the project specifications and plans. The asbestos consultant must, upon request by DSHS, provide documentation and justification to support any deviation and must be able to demonstrate that the design is as protective of public health as the requirements of this subsection, paragraphs (1)(D) and (2)(B) of this subsection, or §296.54(c)(4) of this chapter, as applicable.

(i) Posting documents. Each licensed asbestos abatement contractor, licensed O&M contractor, and RFCI contractor must post the following documents visible to the public at the entrance to the regulated area:

  (1) the Violation Notification Procedure poster issued by DSHS; and

  (2) a copy of any asbestos-related order issued by DSHS or any other order from a federal or state asbestos-regulating authority; each order must be posted for a period of 12 months after the effective date of the order or for a federal asbestos-related order, the period required by the federal asbestos-regulating authority.


Source Note: The provisions of this §296.211 adopted to be effective July 8, 2021, 46 TexReg 3880

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