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RULE §295.57Accreditation: Asbestos Abatement in Commercial Buildings

(a) In a federal government owned school building (as defined in 40 CFR §763.83), or a commercial building, unless a person is appropriately accredited as a worker, contractor/supervisor, project designer, or inspector, the person may not engage in:

  (1) work, supervision, or design to carry out any of the following activities:

    (A) a response action other than a SSSD activity;

    (B) a maintenance activity that disturbs friable ACBM other than a SSSD activity; or

    (C) a response action for a major fiber release episode.

  (2) conducting inspections for asbestos;

  (3) project management to observe abatement activities performed by accredited contractors, serving as the commercial building owner's representative to ensure that abatement work is completed according to specification and in compliance with all relevant statutes and regulations.

(b) A person must be accredited in order to perform asbestos related activities in commercial buildings in Texas. Licensed persons meet this requirement since accreditation is a prerequisite to obtaining a license under these regulations.

(c) Accreditation is received by attending and passing the appropriate asbestos course, as described in §295.64 of this title (relating to Training: Required Asbestos Training Courses) offered by an asbestos training provider licensed by the department or one that has been approved by another state, that has the authority from EPA to approve courses, or that has been approved directly by EPA. Evidence of accreditation is shown by possession of an accreditation certificate or accreditation ID card of successful completion of the appropriate asbestos course. This documentation must be at the jobsite where the accredited person is working. All disciplines shall receive refresher training annually for reaccreditation. A person has a 12-month grace period in which to take refresher training once their accreditation certificate has expired. After that grace period, initial training must be completed again to become accredited again.

(d) Work practices and accreditation requirements for asbestos related activities under this section shall be at least as stringent as applicable federal laws and regulations relating to the MAP and 40 CFR Part 61, Subpart M.

Source Note: The provisions of this §295.57 adopted to be effective December 13, 1998, 23 TexReg 12353.

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