SECTION 296.234. Alternative Practices and Procedures for Removal of Whole Components of Intact Asbestos-Containing Material (ACM) in a Public Building

(a) Scope and limitations.

(1) Eligible activities. The alternative work practices described in the following subparagraphs may be used for the removal of the following intact ACM if the conditions of paragraph (2) of this subsection are met and the work practices required under subsection (b) of this section are followed. Other requirements of §296.212 of this chapter (relating to Standard Asbestos Abatement Practices and Procedures in a Public Building) are not mandatory for the following activities:

(A) removal of an asbestos cement sheet or wall panel by unbolting or unscrewing and removing the whole sheet or panel intact;

(B) removal of a lab-type asbestos cement desktop by either unbolting or unscrewing and removing the whole desktop intact;

(C) removal of a nonfriable countertop or backsplash by completely removing the whole unit intact;

(D) removal of a window unit with window glazing, if the window glazing is secured with tape or a similar material before removal, and the whole window unit with window glazing is removed intact;

(E) picking up one or more loose floor tiles that have become completely disassociated from the floor and are either whole or slightly broken, but which are still intact and not RACM;

(F) picking up a loose miscellaneous nonfriable item, such as a roll of linoleum, a loose gasket, or a loose shingle;

(G) removal of a fire door with asbestos-containing insulation from its hinges by removing the whole door, including its hardware, intact;

(H) removal of any other nonfriable building component by removing it as a whole component and keeping it intact; and

(I) removal of any packings, gaskets and mastics by removing them whole and intact, if not otherwise removed using the alternate method described in §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).

(2) Restrictions. If the following conditions are met and the work practices required under subsection (b) of this section are followed, other requirements of §296.212 of this chapter are not mandatory for an activity described in paragraph (1) of this subsection.

(A) ACM must be in good condition and removed as a whole component, keeping the component intact with no breakage or generation of dust during the removal or collection.

(B) ACM must not be RACM.

(C) If the ACM becomes RACM or cannot be removed as a whole component and kept intact, all abatement activities must be stopped, and the area must be prepared and abated as required 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) or §296.212 of this chapter, as applicable.

(D) Only a licensed asbestos abatement contractor or licensed asbestos abatement supervisor employed by a licensed asbestos abatement contractor may perform an activity under this section. A registered asbestos abatement worker may perform an activity under this section only when supervised by a licensed asbestos abatement supervisor. A licensed consultant is not required to design a project that uses this alternative method and is conducted in accordance with the requirements and restrictions of this section.

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

(b) Work practices. 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) (relating to Asbestos); 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 licensed asbestos project manager or licensed air monitoring technician project monitor (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 the 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) Asbestos material must be kept wet during removal and disposal.

(4) Ambient air monitoring is not required.

(5) A licensed asbestos abatement supervisor must perform an initial visual inspection upon completion of the project 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.

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

(A) monitor the project for compliance with the requirements of this section; and

(B) perform a final visual inspection upon completion of the project 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.

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

(8) ACWM must be double-wrapped in 6-mil thick plastic sheeting, 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 in accordance with NESHAP.

Source Note: The provisions of this §296.234 adopted to be effective July 8, 2021, 46 TexReg 3880