SECTION 296.55. Asbestos Air Monitoring Technician Project Monitor

(a) License required. A person must be licensed as an asbestos air monitoring technician project monitor (AMT/PM) and have written delegated authority, as required in §296.58(b)(1)(J) and (K) of this chapter (related to Asbestos Consultant) to perform air monitoring services and asbestos project monitoring for an asbestos abatement project or related activity in a public building. Unless otherwise prohibited in §296.31 of this chapter (relating to Conflict of Interest), a licensed asbestos consultant may also perform the duties of a licensed AMT/PM and is subject to the same conditions, restrictions, and requirements applicable to an AMT/PM under this section.

(b) Licensee scope of practice.

(1) An AMT/PM must be employed by a licensed asbestos consultant agency to monitor compliance with this chapter and the specifications and plans, on behalf of the building owner, during an asbestos abatement project.

(2) An AMT/PM may:

(A) provide personal air monitoring as required in §296.54 of this chapter (relating to Asbestos Air Monitoring Technician) and project air monitoring as required in §296.54 of this chapter and §296.58(c)(12) of this chapter;

(B) provide project monitoring as required in §296.58(c)(11) of this chapter;

(C) recommend to the asbestos consultant changes to the asbestos abatement specifications and plans; and

(D) assist the asbestos consultant in the development of an asbestos exposure assessment.

(c) Licensee responsibilities. An AMT/PM must, consistent with the scope of the AMT/PMs delegated authority in accordance with section (a) of this section and §296.58(b)(1)(J) and (K) of this chapter, as applicable;

(1) perform project air monitoring, as required in §296.54(b) and §296.58(c)(12) of this chapter, or project monitoring, as required in §296.58(c)(11) of this chapter, or both, and provide the consultant with all project documents after completion of the project;

(2) cooperate with DSHS personnel during inspections and investigations, as required in §296.271 of this chapter (relating to Inspections and Investigations); and

(3) comply with recordkeeping requirements and maintain records on-site, as required in §296.291 of this chapter (relating to Recordkeeping).

(d) Asbestos air monitoring technician and asbestos project manager licensed before the effective date of this section. An individual holding both the asbestos air monitoring technician and project manager licenses issued before the effective date of this section may apply for the AMT/PM license and continue to perform work under and renew this license based upon the eligibility and renewal requirements of the Texas Asbestos Health Protection rules that were in effect when the individual licenses were issued. If an AMT/PM fails to timely renew the license and the license remains expired for one year or more, the license may not be renewed. The former AMT/PM may re-apply for an initial license by meeting all education, work experience, and other application requirements for initial licensure under §296.46 of this chapter (relating to Initial and Renewal Licensure Requirements for an Individual).

Source Note: The provisions of this §296.55 adopted to be effective July 8, 2021, 46 TexReg 3880