SECTION 296.233. Alternative Asbestos Practices and Procedures for Small Projects and Repetitive Tasks in a Public Building

(a) Purpose. The purpose of this section is to describe the requirements that must be met to permit a small project or repetitive task described under this section to be performed without containment in a public building.

(b) Scope and limitations.

(1) This section applies only to a maintenance or installation project or task:

(A) that is incident to another activity that has a primary purpose other than asbestos abatement;

(B) that disturbs 10 square feet or less of ACBM for each small project or task; and

(C) that is the same task performed by licensees without deviation from a documented procedure as described in subsection (c) of this section, and with material containing the same type and similar content of asbestos.

(2) A small project or repetitive task, as described, and limited under this section, may be performed without using a negative pressure glove bag, glove box, or mini-containment only if all requirements of this section are met and a clearance-level assessment has been conducted as required in subsection (c) of this section showing that the work practices will not result in a concentration of asbestos fibers in excess of 0.01 f/cc at any time during the duration of the project.

(3) A larger project must not be broken down into smaller projects or tasks in order to fall within the scope of this section or to circumvent the restricted applicability of this section or other applicable requirements of this chapter.

(4) A registered asbestos abatement worker may perform a small project or repetitive task that disturbs ACBM, as described in paragraph (2) of this subsection, using the work practices outlined in subsection (d) of this section only when supervised by a licensed asbestos abatement supervisor who is employed by a licensed asbestos abatement contractor and a clearance-level assessment was done, as required in subsection (c) of this section showing that the work practices do not result in a concentration of fibers in excess of 0.01 f/cc at any time during the duration of the project.

(5) A licensed asbestos abatement supervisor employed by an asbestos abatement contractor may perform and supervise a small project or repetitive task that disturbs ACBM as described in paragraph (2) of this subsection using the work practices outlined in subsection (d) of this section.

(6) If a clearance-level assessment was done, as required in subsection (c) of this section, and the requirements and limitations of this section are otherwise met in performing a small project or repetitive task described in this section, a licensed consultant is not required to design the small project or repetitive task.

(7) Written notification must be provided, as required in §296.251 of this chapter (relating to Notifications).

(c) Clearance-level assessment. A project or task may be performed under this section only if, within the previous 12-month period, an assessment has been conducted on-site using a method permitted under paragraph (3) of this subsection, that demonstrates that the work practices used to perform the project or task do not result in a concentration of asbestos fibers in excess of 0.01 f/cc at any time during the duration of the project. The assessment method and results must be documented and clearly indicated on, and submitted with, the notification for the small project or repetitive task planned to be performed as described in this section.

(1) The clearance-level assessment must be conducted as required §296.213 of this chapter (relating to Asbestos Operations and Maintenance (O&M) Practices and Procedures for O&M Licensees in a Public Building) and by performing the project or task as it would be performed under this section.

(2) A person must hold the required license to conduct the components of the assessment.

(A) A licensed asbestos consultant must design the clearance-level assessment and directly observe the performance of the project or task being assessed and the assessment methods and activities conducted under this subsection.

(B) During an assessment under this subsection, a licensed consultant or a licensed air monitoring technician or licensed AMT/PM must conduct air monitoring in accordance with §296.211 of this chapter (relating to General Requirements for Asbestos Abatement in a Public Building).

(3) To establish, for purposes of this subsection, that clearance-level concentrations will be maintained throughout the project, the assessment method and results must be documented and submitted with the notification for the small project or repetitive task planned to be performed as described in this section. The documented assessment methods and results submitted must:

(A) be consistent with procedures described:

(i) for exposure assessments described under 29 CFR §1926.1101(f) (relating to Asbestos), including the engineering controls, work practices, and other safeguards described in connection with exposure assessments conducted under that subsection; or

(ii) in ASTM D7886-14 Standard Practice for Asbestos Exposure Assessments for Repetitive Maintenance and Installation Tasks - ASTM International, www.astm.org; or

(B) be equivalent to a procedure described in subparagraph (A)(i) and (ii) of this paragraph and capable of reliably determining whether clearance levels will be maintained throughout the project.

(4) A licensed asbestos abatement supervisor must be in the containment directly performing the task or monitoring the registered asbestos abatement worker for purposes of the clearance-level assessment.

(d) Work practices. Without limiting the restrictions of 29 CFR §1926.1101, work practices must include the following:

(1) A regulated area must be established where asbestos abatement will be conducted and at minimum, asbestos caution tape must be used to demarcate the regulated area. Except as otherwise provided 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;

(D) appropriate governmental inspectors;

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

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

(2) A warning sign that complies with 29 CFR §1926.1101, must be displayed at all entrances to regulated area. 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.

(3) All HVAC equipment in or passing through the regulated area must be shut down and preventative measures taken to prevent accidental start-ups. Supply and return openings and any seam in system components must be sealed with at least 6-mil thick plastic sheeting, tape, or both.

(4) An active electrical service line within the regulated area 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.

(5) ACBM must be wetted with amended water or foam agents intended to control airborne fiber release and must remain wet throughout project.

(6) HEPA vacuuming, wet cleaning, or both must be used to decontaminate the regulated area and equipment until there is no visible debris.

(7) ACWM must be double-bagged into 6-mil thick plastic bags or sealed in leak-tight drums as required in §296.212(c) of this chapter and disposed of as required in §296.212(c)(8) - (10) of this chapter and NESHAP. Final disposal of ACWM must be within 30 days after project completion or when the receiving container is full, whichever is sooner.

(8) A licensed asbestos abatement supervisor must monitor the project or task and perform an initial visual inspection upon completion of the project or task to confirm that all ACBM required to be removed was removed and containerized as required in this chapter and AHERA, if applicable, and the regulated area is free of all residual dust and debris. This paragraph does not affect otherwise applicable requirements for personal air monitoring.

(9) A licensed asbestos consultant or the consultant's designated licensed asbestos project manager or licensed AMT/PM must:

(A) monitor the project or task for compliance with the requirements of this section and AHERA, if applicable; and

(B) perform a final visual inspection upon completion of the project or task and the asbestos abatement supervisor's initial visual inspection to:

(i) observe and determine if all ACBM required to be removed was removed and containerized as required in this chapter and AHERA, if applicable; and

(ii) the regulated area is free of all residual dust and debris.

(10) The licensed asbestos abatement contractor must abate ACM and remove ACWM discovered by the final visual inspection, as required in this chapter.

Source Note: The provisions of this §296.233 adopted to be effective July 8, 2021, 46 TexReg 3880