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RULE §295.52Licensure: Air Monitoring Technician

(a) Licensing. An air monitoring technician (AMT) must be licensed to perform air monitoring services for an asbestos abatement project or related activity in a public building. An air monitoring technician may obtain baseline, area, personal, and clearance samples. For purposes of asbestos abatement activities, a licensed air monitoring technician shall be an employee of an asbestos laboratory or an asbestos consultant agency when taking area or clearance samples, or an employee of or under contract to an asbestos abatement or O&M contractor, when taking personal samples.

(b) Authority of air monitoring technicians. Air monitoring technicians may obtain baseline, area, personal and clearance samples, if qualified in accordance with subsection (e) of this section, and may perform the analysis of airborne fibers in the field if employed by a licensed asbestos laboratory. An AMT employed by an abatement or O&M contractor is limited to taking personal samples for compliance with Occupational Safety and Health Administration (OSHA) regulations 29 CFR §1926.1101, which must be sent to a licensed laboratory for analysis.

(c) Fee. The fee for a two-year license term is $110.

(d) Applications and renewals. Applications shall be submitted as required by §295.38 of this title (relating to Licensing and Registration: Applications and Renewals). Out-of-state applicants must comply with §295.39 of this title (relating to Licensing and Registration: Out-of-State Applicants).

(e) Qualifications. An applicant, in order to qualify for an air monitoring technician license, shall submit the following:

  (1) a high school diploma or GED certificate;

  (2) a certificate of training indicating successful completion within the past 12 months of the approved training course for air monitoring technicians or the current annual refresher training as described in §295.64(g) of this title (relating to Training: Required Asbestos Training Courses), the initial course is not required of certified industrial hygienists; however, the refresher is required for all subsequent license renewals;

  (3) a physician's statement of the required physical examination done within the past year as described in §295.42(e)(2) of this title (relating to Registration: Asbestos Abatement Workers) and submitted on the Texas Department of Health (department) "Physician's Written Statement" form only;

  (4) a copy of the wallet-size photo-identification card from the training course as required from all trainers in Texas in accordance with §295.65(f)(2) of this title (relating to Training: Approval of Training Courses). Persons submitting out-of-state training certificates with their applications may obtain the necessary photo-identification when attending the mandatory course on Texas asbestos rules, as required, in accordance with §295.64(h) of this title (relating to Training: Required Asbestos Training Courses);

  (5) a current one-inch by one-inch photograph of the face. The photograph submitted to the department for licensing purposes must have a white background;

  (6) proof of successfully passing the department examination for air monitoring technician, if required; and

  (7) proof of performing air monitoring as an apprentice for 30 days of work under the direct supervision of a licensed air monitor technician working for a licensed laboratory or contractor or a licensed consultant.

(f) Responsibilities. The air monitoring technician shall:

  (1) collect air samples as specified by appropriate sampling procedures;

  (2) collect air samples in the number, location, and frequency necessary to adequately reflect airborne levels of fibers in compliance with these regulations;

  (3) use appropriate sampling techniques during area clearance sampling; and

  (4) conduct air monitoring duties in an impartial, unbiased manner, and report monitoring results accurately.

(g) Limitations. Only a laboratory technician may perform the analysis of airborne fibers in the field in accordance with §295.54(e)(3) of this title (relating to Licensure: Asbestos Laboratory) and must also be employed by a licensed asbestos laboratory.

Source Note: The provisions of this §295.52 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; amended to be effective January 1, 2005, 29 TexReg 11987; amended to be effective February 1, 2006, 31 TexReg 400

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