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RULE §295.59Operations: Operations and Maintenance (O&M) Requirements for Public Buildings

(a) Restrictions. O&M activities involving asbestos-containing building materials (ACBM) are restricted to small-scale, short-duration activities, according to 40 CFR Part 763, Subpart E, Appendix B, titled, "Work Practices and Engineering Controls for Small-Scale, Short-Durations Operations Maintenance and Repair (O&M) Activities Involving ACM," July 1, 1997, as amended. Asbestos O&M licensees shall not engage in any activity for which the primary purpose is asbestos abatement unless otherwise licensed to perform such activity.

(b) Work practices. Work practices shall include the following requirements.

  (1) Employers shall be responsible for furnishing and requiring the use of respirators, protective clothing, high-efficiency particulate air filter (HEPA) vacuum machines, glove bags, and other necessary equipment for all who perform O&M activities.

  (2) Only licensed persons, responding emergency personnel (police, fire, EMS, etc.), specialists required for assistance as determined by the consultant, or appropriate governmental inspectors are allowed to enter the containment, decontamination, bag-out, and temporary storage areas.

  (3) Physical barriers shall be used to limit access to the work area.

  (4) A mini-containment shall be constructed for containment of asbestos fibers, or a glove bag technique may be used for removal or repair of ACBM on pipes or ducts as described the references in §295.43(f)(2) of this title (relating to Licensure: Asbestos Operations and Maintenance Contractor (Restricted)).

  (5) Asbestos material must be wetted with amended water and remain wet throughout the work operation.

  (6) Asbestos exposed as a result of spot repairs shall be suitably enclosed or encapsulated.

  (7) HEPA vacuuming or wet cleaning shall be used to decontaminate work areas and equipment until there is no visible debris.

  (8) Asbestos shall be double bagged by placing asbestos-containing waste material into bags that meet the dart impact test as specified in §295.60(j)(1) of this title (relating to Operations: Abatement Practices and Procedures for Public Buildings), and shall be disposed of in accordance with §295.60 of this title and 40 CFR Part 61, Subpart M.

  (9) Air clearance and visual inspections shall be performed before removing any mini-containment.

  (10) The O&M book or manual developed for the building on which O&M is being performed shall be on site during all O&M operations.

Source Note: The provisions of this §295.59 adopted to be effective October 20, 1992, 17 TexReg 6901; amended to be effective September 22, 1994, 19 TexReg 7098; amended to be effective December 13, 1998, 23 TexReg 12353; amended to be effective March 27, 2003, 28 TexReg 2549

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