SECTION 296.212. Standard Asbestos Abatement Practices and Procedures in a Public Building

(a) General provisions. The general work practices in this section are minimum requirements for protection of public health for standard projects using full containment in a public building and do not constitute complete or sufficient specifications and plans for an asbestos abatement project. An asbestos abatement project may have specifications and plans for an asbestos abatement activity that are specific to the project and are more detailed or stringent than the requirements of this section so long as the work practices specified are as protective of the public health as the general requirements in this section. These specifications and plans, to the extent they do not conflict with other applicable federal and state law must be followed as a requirement of this chapter. Otherwise, the general work practices described in this section must be used for asbestos removal that does not meet the conditions required to use alternative methods described in Subchapter M (relating to Alternative Asbestos Practices and Procedures in a Public Building).

(1) Subject to the following conditions, and if otherwise consistent with other applicable federal and state law, a licensed asbestos consultant may specify work practices that vary from the requirements of this section as long as the work practices specified are as protective of public health.

(A) A licensed asbestos consultant who designs a project that includes dry removal or no negative air must submit a written request for approval to DSHS, including the project specifications and plans or a written description of the design. The request must include the licensed asbestos consultant's certification that the design is as protective of public health as the work practices described in this section and the consultant's basis for that conclusion. The request must include documentation that a certified industrial hygienist or a professional engineer licensed in Texas approved the design. The consultant must not begin the project without written approval from DSHS. The licensee must clearly describe the approved variance on the notification form.

(B) A licensed asbestos consultant who designs a project with work practices other than dry removal or no negative air that differ from this section must document the variance on DSHS's notification form. The licensee must clearly describe on the notification form the work practices and demonstrate how the specific work practices are as protective of public health as the work practices in this section. DSHS may disapprove the proposed variation after receiving notice or documentation under this subparagraph or any other information related to the variation if DSHS does not or cannot determine that the work practice variance is as protective of public health as the work practices in this section.

(C) The asbestos consultant must, upon request by DSHS, provide additional documentation and justification to support any variance.

(2) A licensed asbestos contractor must follow the specifications and plans for a design that varies from the general work practices in compliance with this section.

(3) In addition to the requirements of this section, abatement practices must be carried out in accordance with federal standards for asbestos abatement and waste disposal in 40 CFR §61.145 (relating to Standard for demolition and renovation) and §61.150 (relating to Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations).

(4) ACBM must be removed, encapsulated, or enclosed within a regulated area that is demarcated. Except as provided in §296.213 of this chapter (relating to Asbestos Operations and Maintenance (O&M) Practices and Procedures for O&M Licensees in a Public Building), §296.231 of this chapter (relating to Alternative Practices and Procedures for Removal of Asbestos-Containing Resilient Floor-Covering Material in a Public Building), §296.232 of this chapter (relating to Alternative Asbestos Abatement Practices and Procedures for Certain Nonfriable Asbestos-Containing Building Material (ACBM) in a Public Building), and §296.234 of this chapter (relating to Alternative Practices and Procedures for Removal of Whole Components of Intact Asbestos-Containing Material (ACM) in a Public Building), or, after a clearance-level assessment is completed as required in §296.233 of this chapter (relating to Alternative Asbestos Practices and Procedures for Small Projects and Repetitive Tasks in a Public Building), removal of ACBM must take place within a containment.

(5) Except as otherwise provided in this paragraph or by other applicable law, access to the regulated area must be limited to:

(A) licensees;

(B) emergency responders;

(C) licensed, registered, or accredited building professionals required for emergency situations, as determined by a licensed asbestos consultant;

(D) appropriate governmental inspectors;

(E) authorized personnel, in accordance with 29 CFR §1926.1101(e) (relating to Asbestos); and

(F) a building owner or building owner's authorized representative, if authorized by the licensed asbestos abatement contractor, and may enter a containment if accompanied by the contractor, licensed asbestos abatement supervisor, licensed asbestos consultant, or the consultant's designated licensed asbestos project manager or licensed AMT/PM. A building owner or building owner's authorized representative who enters containment must wear at a minimum the personal protective equipment required for workers performing the asbestos-related activity, must follow the specified decontamination procedures when exiting the containment, and must comply with all other applicable health and safety procedures.

(b) Containment construction.

(1) Plastic sheeting. When specified by a licensed asbestos consultant that fire retardant plastic sheeting must be used, it must be certified by the Underwriters Laboratory (UL) as being fire retardant.

(2) Objects within containment. All uncontaminated movable objects must be removed from the containment before the start of asbestos abatement. Contaminated non-porous items that are to be salvaged or reused must be decontaminated. Porous items that are contaminated must be disposed of as ACWM. All non-movable objects that remain in the containment must be decontaminated and covered with a minimum of 4-mil thick plastic sheeting attached securely in place.

(3) Critical barriers. A regulated area within which asbestos abatement is to be conducted must be separated from adjacent areas by a minimum of one impermeable barrier, such as plastic sheeting attached securely in place. Any opening between a containment and adjacent areas must be sealed, including a window, doorway, elevator opening, corridor entrance, ventilation opening, drain, duct, grill, grate, diffuser, skylight, and lay-in suspended ceiling grid system where the space above the grid is open to other rooms. The HVAC system must be isolated from the regulated area, as required in paragraph (9) of this subsection. A penetration of the sheeting that could permit air infiltration or an air leak through the barrier must be sealed, except the make-up air provision and the means of entry and exit. When a critical barrier is placed over a large opening, such as a corridor entrance or when isolating a portion of a hallway or a room, the critical barrier becomes the containment wall and the plastic sheeting requirements in paragraphs (4) and (5) of this subsection apply in addition to the requirements of this paragraph.

(4) Floor abatement preparation. Floors must be sealed to prevent water leakage by performing the following floor abatement preparation. All floor surfaces must be completely covered by a minimum of two layers of 6-mil thick plastic sheeting. Floor sheeting must extend up sidewalls at least 12 inches and be sized to minimize the number of seams. Seams must not be located at wall-to-floor joints. When asbestos abatement includes wall removal, the asbestos consultant must specify how removal will occur and how the practice will be at least as protective of public health as the minimum requirements of this section.

(5) Wall abatement preparation. All wall surfaces must be completely covered by a minimum of two layers of 4-mil thick plastic sheeting. Wall sheeting must be installed so as to minimize seams and must extend beyond wall-to-floor joints at least 12 inches. The wall sheeting must overlap the floor sheeting. Seams must not be located at wall-to-wall joints. Where feasible, a viewing window must be included in the wall for each 260 linear feet or fraction of that distance that permits the viewing of at least 51% of the abatement work area. At least one viewing window must be included in the wall, unless a licensed asbestos consultant specifies that a viewing window is not feasible. The window must be constructed of a transparent, shatter-resistant panel, also called acrylic or acrylic glass, which measures approximately 18 inches by 18 inches. The window must be at a reasonable height for viewing.

(6) Bag-out area. A licensed asbestos consultant must specify when a bag-out area is required as part of containment. At a minimum, a bag-out area is a two-stage area connected to the containment, separated by airlocks, with a rinse station separated from the bagging-room. A bag-out area must not be used to decontaminate personnel.

(7) Prohibited activities in a regulated area. The asbestos abatement contractor and asbestos consultant must ensure that their employees do not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in the regulated area. Food or drink containers, coolers, tobacco products, gum, and cosmetics are not permitted in the regulated area.

(8) Decontamination area. The containment must include an attached personnel decontamination area. The area must consist of a clean room, shower room, and equipment room. Each room must be at least 30 inches by 30 inches wide and 75 inches tall. Each room must be separated from the other and from the containment by airlocks so that air does not escape outside the containment and that air flows from the outside to the inside of containment through the decontamination area. The shower room must be provided with soap and water and, where feasible, hot and cold water where the temperature can be adjusted by the user. A licensed asbestos consultant must specify a remote decontamination area when it is not feasible to attach the decontamination area to the containment. The consultant must specify procedures for minimizing the migration of fibers from the containment to the remote decontamination area. Except where remote decontamination area is specified, all persons must exit the containment through the shower before entering the clean room. An asbestos-contaminated individual or item must not enter the clean room. A licensed asbestos abatement supervisor must ensure that the decontamination area is fully operational before and during any asbestos abatement activity. Any person exiting containment must:

(A) remove all gross contamination and debris from protective clothing before entering the equipment room;

(B) remove protective clothing in the equipment room and deposit the clothing in impermeable plastic bags or containers labeled as required in subsection (c)(4) of this section;

(C) not remove respirators in the equipment room;

(D) shower before entering the clean room; and

(E) enter the clean room before changing into street clothes.

(9) HVAC equipment. The HVAC system must be isolated from the regulated area. Any supply and return opening and any seam in system components must be sealed with either impermeable plastic sheeting, tape, or both. An old filter must be disposed of as asbestos waste.

(10) Warning signs. A warning sign that complies with 29 CFR §1926.1101, must be displayed at all entrances to regulated area, including an area requiring a critical barrier that can be used to gain entrance to the containment, such as a door, window, or hallway. To protect the public from accidental entry, a warning sign must be displayed, at minimum, in both Spanish and English at the same location. Asbestos caution tape must not be substituted for a warning sign.

(11) Cleaning. Cleaning procedures must include wet methods and HEPA vacuuming. A HEPA vacuum designed and equipped with a HEPA filter must remain on-site during any asbestos abatement activity. HEPA vacuums must be operated and maintained in accordance with the manufacturer's instructions. A HEPA vacuum that meets the standard of ASTM F1977-04 and is operated according to manufacturer's specifications will meet the requirement of this section.

(12) Containment-area ventilation. HEPA filtration units must be operated continuously from the time containment is established through the time acceptable final air clearance is achieved, maintaining negative pressure with a manometric reading of at least -0.02 inches inside the containment. There must be HEPA units in sufficient number to provide negative pressure within the containment relative to the non-containment area, as indicated by a water column differential that produces a manometric instrument reading of at least -0.02 inches. HEPA units must, in combination, provide a minimum of four containment air changes per hour. Units must be operated with unrestricted exhaust, unless it is not feasible, and must be in a location that draws air across the containment area so that asbestos fibers are captured and minimizes areas without air movement. These units must exhaust filtered air to the outside of the building wherever feasible.

(c) Removal of ACBM.

(1) All ACBM must be adequately wetted using amended water before removal or other handling. A consultant may specify the use of water without surfactant if it is as protective of public health. The ACBM must then be placed in bags (or other suitable containers) that must be marked in accordance with applicable NESHAP and OSHA regulations and paragraph (4) of this subsection. All ACWM must be double-bagged into 6-mil thick plastic bags or placed into a leak-tight drum.

(2) A bag must not be filled to a level that tears or breaks the bag. Excess air in a bag must be removed before entering the bag-out area. The top of the bag must be twisted closed, folded over, and sealed with duct tape. The bag must be rinsed off or HEPA-vacuumed in the bag-out area to remove asbestos contamination and placed inside another bag or leak-tight drum. If an outer bag is used, excess air must be removed, and the bag must be closed and sealed in the same manner as the inner bag.

(3) If a bag leaks, the bag must be placed into a third bag and sealed as required in paragraphs (1) and (2) of this subsection. If a drum leaks, the drum must be wrapped in a minimum of one layer of 6-mil thick plastic sheeting and sealed.

(4) The exterior bag, wrapping, or leak-tight drum must have warning and generator labels applied as specified in 40 CFR §61.150(a)(1)(iv) and (v) (relating to Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations). Generator labels must be printed in letters of sufficient size and contrast to be readily visible and legible. All required labeling of ACWM containers must be done before removal from the regulated area. Any container or wrapped component labeled as asbestos must be containerized and labeled as ACWM before removal from the regulated area.

(5) A component covered with, coated with, or containing ACM that is going to be removed from the building may either, after being adequately wetted, be stripped in place, cleaned, and pass a visual inspection by the asbestos consultant, or the ACBM may be adequately wetted and the entire component wrapped in two layers of 6-mil thick plastic sheeting or equivalent, labeled, and sealed, provided that:

(A) any component, such as a section of metal lath, that cannot be safely lowered to the floor must, after being adequately wetted, be stripped in place;

(B) any component that cannot be lowered or handled without presenting an excessive fiber release or safety hazard must be stripped in place; and

(C) a sharp edge of any component must be protected to preclude tearing the plastic wrapping and causing injury.

(6) ACBM must be removed as a wrapped unit or in small sections and containerized while wet. Material must not be allowed to accumulate on the floor or become dry. Any structural component or piping must be adequately wetted before wrapping it in plastic sheeting for disposal.

(7) At the conclusion of the removal, the licensed asbestos abatement contractor must perform a visual inspection to confirm that all ACBM required to be removed was removed and containerized, in accordance with this section, and that the containment is free of all residual dust and debris.

(8) Temporary storage of ACWM must be provided (for example, a dedicated roll-off box, dumpster, or storage room lined with 6-mil thick plastic sheeting). All temporary storage must be sealed to prevent unauthorized access and safeguarded to keep the storage container sealed and leak tight. Final disposal of ACWM must be within 30 days after project completion, or when the receiving container is full, whichever is sooner.

(9) A vehicle used to transport ACWM must be marked in accordance with 40 CFR §61.149(d)(1)(i) - (iii), (relating to Standard for waste disposal for asbestos mills) and §61.150(c) during the loading and unloading of ACWM so that the signs are visible.

(10) ACWM transported by a licensed asbestos transporter off the asbestos abatement project site must be disposed of in accordance with 40 CFR §61.150(d).

(d) Requirements for the encapsulation of ACBM.

(1) Any product used for encapsulation must be clearly labeled or described in writing by the manufacturer as being designed for the particular asbestos-related activity. A product that is not clearly labeled or described as an asbestos encapsulant must be tested before use, and found to conform to ASTM E1494-12, if the intended use is to encapsulate ACBM.

(2) Any encapsulation must be performed within a containment.

(3) Loose and hanging ACBM must be removed before encapsulation. Filler material applied to any gap in existing material must contain no asbestos, adhere well to the substrate, and provide an adequate base for the encapsulating agent.

(4) Encapsulant must be applied using only airless spray equipment with the nozzle pressure and tip size set according to the manufacturer's recommendations.

(5) Any encapsulated material must be specifically designated by sign, label, color coding, or other mechanism to warn any individual who may in the future be required to disturb the material.

(e) Requirements for the enclosure of ACBM.

(1) Acceptable enclosure must be airtight and of permanent construction so that the material enclosed is inaccessible.

(2) Any area of ACBM that can be reasonably anticipated to be disturbed during the installation of a hanger, bracket, or any other portion of the enclosure must be wetted within containment before such activity.

(3) Before building the enclosure, loose and hanging ACBM that may be disturbed must be removed.

(4) Any enclosure for ACBM must be specifically designated by sign, label, color coding, or other mechanism to warn any individual who may in the future be required to disturb the material.

(f) Safety requirements and prohibitions. The following safety requirements must be in effect for an abatement project:

(1) Fire safety. A minimum of one fire extinguisher with a minimum National Fire Protection Association rating of 10BC (dry chemical) must be placed within each abatement project containment for every 3,000 square feet, or fraction thereof, of containment. One fire extinguisher must be placed at each entrance inside of the containment. Each fire extinguisher must be maintained in a fully charged and operable condition with a current annual inspection tag securely attached reflecting that maintenance was performed by an appropriately licensed individual. Where more than one fire extinguisher is required, they must be distributed proportionately throughout the containment and their locations clearly marked.

(2) Electrical safety. An active electrical service line within a regulated area and containment must be connected through ground-fault circuit interrupter devices (GFCI). An electrical appliance must not be plugged into an outlet unless equipped with a GFCI.

(3) Prohibitions. Use of any solvent with a flash point of 140 degrees Fahrenheit or below is prohibited.

Source Note: The provisions of this §296.212 adopted to be effective July 8, 2021, 46 TexReg 3880