SECTION 296.151. Accreditation for Asbestos-Related Activities in a Commercial Building

(a) Activities. In a commercial building, a person must be appropriately accredited as an asbestos abatement worker, asbestos contractor/supervisor, asbestos project designer, asbestos project monitor, or asbestos inspector, in accordance with the MAP to engage in the activities for that accredited discipline, including:

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

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

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

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

(2) conducting an asbestos survey; or

(3) project monitoring:

(A) to observe, on behalf of the commercial building owner, an abatement activity performed by an accredited asbestos contractor/supervisor; and

(B) to observe, evaluate, report, and document that abatement work is completed according to specifications and plans and in compliance with all relevant statutes and regulations.

(b) Accreditation course. A person receives accreditation by successfully completing the appropriate asbestos training course in accordance with the MAP. The applicable asbestos training course must:

(1) be approved by DSHS and offered by a DSHS-licensed asbestos training provider;

(2) be approved by another state that has the authority from EPA to approve courses; or

(3) be approved directly by EPA.

(c) Proof of accreditation. A person performing an asbestos-related activity must provide proof of current accreditation at the work site by having one of the following:

(1) a government-issued photo identification (ID) with either a Texas training course certificate from a Texas-licensed asbestos training provider or an accreditation certificate from another state; or

(2) a training ID card from a Texas-licensed asbestos training provider or an accreditation photo ID card from another state.

(d) Reaccreditation. Annual refresher training is required for reaccreditation. A person whose accreditation certificate has expired must not engage in an activity for which a current accreditation certificate is required under the MAP or this chapter unless the person has been reaccredited. An accredited person has a 12-month grace period after the expiration date of the accreditation certificate in which to complete a refresher training course for reaccreditation. After that grace period, initial training must be repeated to become reaccredited.

(e) Standards. Work practices and accreditation for any asbestos-related activity described in this section must meet or exceed applicable federal laws and regulations relating to the MAP and NESHAP.

Source Note: The provisions of this §296.151 adopted to be effective July 8, 2021, 46 TexReg 3880