SECTION 296.60. Asbestos Transporter

(a) License required. A person must be licensed as an asbestos transporter to transport ACWM removed from a public building.

(b) Licensee scope of practice.

(1) An asbestos transporter may transport ACWM to a permitted waste disposal facility that accepts ACWM or to temporary storage off-site.

(2) An asbestos transporter must not transport ACWM that is not properly labeled or without a waste shipment record (manifest).

(c) Licensee responsibilities. An asbestos transporter must:

(1) comply with applicable requirements in 49 CFR, Subtitle B, Chapter I (relating to Pipeline and Hazardous Materials Safety Administration, Department of Transportation); NESHAP, specifically the provisions concerning asbestos transport; and, where applicable, Appendix D, (relating to Transport and Disposal of Asbestos Waste) of AHERA;

(2) provide and maintain in good working condition the necessary equipment for performing asbestos-related activity;

(3) at no cost to the employee, comply with personal protective equipment (PPE) requirements in 29 CFR §1910.132(h) (relating to General requirements) and 29 CFR §1926.1101(h) and (i) (relating to Asbestos) and 40 CFR §763.122 (relating to What does this subpart require me to do?), as applicable, for employees who will handle asbestos, including:

(A) providing and maintaining PPE for employees;

(B) training employees on the proper use, care, and inspection of PPE;

(C) documenting training in the proper use, care, and inspection of PPE;

(D) documenting respirator inspections; and

(E) ensuring employees use PPE properly;

(4) ensure that all employees who will be transporting, loading, or unloading asbestos are fully trained in accordance with 49 CFR, Subtitle B, Chapter I, Subchapter C (relating to Hazardous Materials Regulations);

(5) in anticipation of possible spills of ACWM, train employees on hazardous materials and emergency response operations in compliance with 29 CFR §1910.120 (relating to Hazardous waste operations and emergency response) and 49 CFR Part 172, Subpart H (relating to Training), as applicable;

(6) verify ACWM is properly labeled with warning labels, in compliance with 29 CFR §1926.1101(k) and generator labels, in accordance with 40 CFR §61.150(a)(1)(v) (relating to Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations) before accepting ACWM for transport, and if ACWM is unlabeled, the asbestos transporter must notify the asbestos abatement contractor;

(7) obtain a manifest from the asbestos abatement contractor on a form as described for the waste generator in 40 CFR §61.150(d) before transporting ACWM and deliver the ACWM with the manifest to a waste disposal facility on the approved list provided by the Texas Commission on Environmental Quality, and if transporting out of state, the asbestos transporter must follow the regulations of the receiving state applicable to delivery of the ACWM to an out-of-state disposal facility;

(8) provide a copy of the manifest signed by the owner or operator of the designated disposal site to the asbestos abatement contractor or the building owner or the building owner's authorized representative within 14 calendar days after the date the ACWM was accepted for disposal; and

(9) cooperate with DSHS personnel during any inspection or investigation, in accordance with §296.271 of this chapter (relating to Inspections and Investigations).

Source Note: The provisions of this §296.60 adopted to be effective July 8, 2021, 46 TexReg 3880