(a) Restrictions. An O&M licensee is limited to performing the practices and procedures described in this section for O&M activities in a public building that involve friable and nonfriable ACBM and are SSSD activities. These activities are subject to the following conditions:
  (1) the practices and procedures must be performed by individuals licensed or registered to perform the applicable activity and supervised by a licensed O&M supervisor or a licensed asbestos abatement supervisor;
  (2) an asbestos O&M licensee may perform or supervise, as applicable, an SSSD O&M activity following the practices and procedures described in this section;
  (3) if the practices and procedures are supervised by an O&M supervisor, the public building must be under the control of the O&M supervisor's employer who is a licensed asbestos O&M contractor or a licensed asbestos abatement contractor;
  (4) a larger project must not be broken down into smaller projects or tasks in order to qualify under this section as an SSSD O&M project to circumvent the restricted applicability of this section or other applicable requirements of this chapter;
  (5) an activity conducted under, or a licensee or public building owner acting under, this section remains subject to all applicable requirements of §296.191 of this chapter (relating to Asbestos Management in a Public Building, Commercial Building, or Facility), including, without limitation, the requirement of an asbestos survey performed by an individual licensed to conduct it and the requirement to provide DSHS with written notification, as required in §296.251 of this chapter (relating to Notifications) and §296.211 of this chapter (relating to General Requirements for Asbestos Abatement in a Public Building); and
  (6) the practices and procedures described in this section do not limit and must be used only to the extent that they are consistent with the requirements of any other applicable law, including 29 CFR §1926.1101 (relating to Asbestos).
(b) Work practices. Work practices under this section must comply with the following requirements.
  (1) An employer must furnish and require the use of a respirator, protective clothing, HEPA vacuum machines, glove bags, and other necessary equipment for an employee who performs an SSSD O&M activity.
  (2) A regulated area must be established where an SSSD O&M activity 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 O&M contractor and accompanied by a licensed O&M contractor, licensed asbestos abatement contractor, licensed O&M supervisor, licensed asbestos abatement supervisor, licensed asbestos consultant, or the consultant's designated licensed asbestos project manager or licensed asbestos air monitoring technician project monitor. 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 SSSD O&M activity and must comply with all other applicable health and safety procedures.
  (3) 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.
  (4) Before beginning the SSSD O&M activity, all uncontaminated movable objects must be removed from the regulated area or covered with 4-mil thick plastic sheeting. Any object that is already contaminated must:
    (A) be cleaned with a HEPA-filtered vacuum or wet-wiped before removal; or
    (B) be completely encased in two layers of 6-mil thick plastic sheeting and treated as ACWM.
  (5) Asbestos material must be wetted with amended water or another wetting agent and remain wet throughout the work operation and until final disposal, unless wet methods are not feasible because the asbestos work is being performed on live electrical equipment or in other areas where water will seriously damage materials or equipment.
  (6) A small amount of ACM may be removed by using a glove bag, removing the entire asbestos-covered pipe or structure, or constructing a mini-containment, as appropriate, in accordance with the following procedures for the method utilized.
    (A) Glove bags.
      (i) A glove bag made of transparent 6-mil thick plastic, and seamless at the bottom, must be installed so that it completely covers the pipe or other structure where asbestos work is to be done. The open edges must be folded together and securely sealed with tape. All openings in the glove bag must be sealed with duct tape or equivalent material and the integrity of the bag must be maintained at all times.
      (ii) Respirator use and selection must comply with 29 CFR §1910.134 (relating to Respiratory protection) and it's required written respiratory protection program, in accordance with 29 CFR §1926.1101(h)(2), 29 CFR §1910.1001(g)(2) (relating to Asbestos), and 40 CFR Part 763, Subpart G (relating to Asbestos Worker Protection), whichever is applicable. An employee who performs asbestos removal with a glove bag or in close contact with the glove bag must properly wear required respirators at all times during SSSD O&M activity.
      (iii) The ACM must be thoroughly wetted with amended water before it is removed from the pipe (applied with a sprayer through the precut port provided in most glove bags or applied through a small hole in the bag). A razor knife must be used to cut any painted canvas covering ACM and peel it away from the ACM. Nips, tin snips, or other appropriate tool must be used to cut and remove any wire mesh covering the ACM. If the ACM beneath the canvas or wire mesh is dry, it must be resprayed with a wetting agent, including any layer of dry material that is exposed beneath the mesh, the surface of the stripped underlying structure, and the inside of the glove bag.
      (iv) Once the ACM is removed from the pipe it must be thoroughly wetted with amended water.
      (v) After removal of the layer of ACM, the surface from which asbestos was removed must be thoroughly cleaned with a wire brush and wet-wiped with a wetting agent until no traces of the ACM are visible.
      (vi) An asbestos-containing insulation edge that was exposed as a result of the removal or maintenance activity must be encapsulated with a bridging encapsulant that creates a membrane over the surface before the glove bag is removed.
      (vii) When the asbestos removal and encapsulation is complete, the glove bag must be vacuumed with a HEPA-filtered vacuum by inserting the vacuum's hose into the glove bag through the port. Once the air has been removed from the bag, the bag, after being squeezed tightly as close to the top as possible and twisted, must be sealed with tape. Once the HEPA vacuum is then removed from the bag, the glove bag itself must be removed from the work area for proper disposal. A glove bag must only be used once and must not be moved.
    (B) Mini-containments.
      (i) A mini-containment must completely contain any disturbance or removal of ACM and must be constructed of 6-mil thick plastic sheeting by:
        (I) affixing the plastic sheeting to the walls with spray adhesive and tape;
        (II) covering the floor with plastic, and sealing that plastic floor covering to the plastic on the walls; and
        (III) sealing any penetration, such as pipes or electrical conduit, with tape; or
        (IV) using equivalent methods that effectively establish a leak-proof and puncture-resistant mini-containment; and
        (V) constructing a change room, contiguous to the mini-containment, made of 6-mil thick plastic sheeting, supported by 2-inch by 4-inch lumber, or equivalent, to which the plastic is attached with staples or spray adhesive and tape, or which otherwise complies with 29 CFR §1926.1101(j) and 40 CFR Part 763, Subpart G, whichever is applicable.
      (ii) Before use, the mini-containment must be checked for leaks and any leaks sealed.
      (iii) The mini-containment must be placed under negative pressure by means of a HEPA-filtered vacuum or similar ventilation unit.
Cont'd...
(iv) Appropriate protective clothing and respiratory protection must be worn within the mini-containment.
      (v) A visual inspection must be performed by a licensed O&M supervisor before removing a mini-containment.
      (vi) If the mini-containment will be reused, the interior must be completely washed with amended water and HEPA-vacuumed. Air clearance must be performed by a licensed asbestos consultant or the consultant's designated licensed AMT.
      (vii) If the mini-containment will not be reused, it must be removed by sealing the door, collapsing the containment using a HEPA-equipped vacuum and disposal as ACWM.
    (C) Removal of entire structures.
      (i) Before removing an asbestos-insulated pipe or an asbestos-containing or covered structure in its entirety, the structure must be wrapped with 6-mil thick plastic sheeting and securely sealed with duct tape or wrapped and sealed in a manner that provides equivalent protection.
      (ii) If the entire structure cannot be removed without disturbing ACM, but a small section can be stripped of the ACM to allow for cutting and removal of the entire structure at the stripped sections, the glove-bag method described in subparagraph (A) of this paragraph must be used to strip the small section of ACM to allow for removal of the entire structure.
  (7) Enclosure of ACM must be performed in accordance with the following requirements.
    (A) To enclose a structure with ACM, rather than removing the ACM, a solid structure with airtight walls and ceiling must be built around the asbestos-covered structure. A suspended ceiling with laid-in panels does not constitute an airtight ceiling for purposes of this paragraph.
    (B) If enclosure is the control method used, electrical conduits, telephone lines, recessed lights, and pipes in the area to be enclosed must be moved before construction of the enclosure to ensure that the enclosure will not have to be re-opened.
    (C) The enclosure must:
      (i) be permanent;
      (ii) be built of new construction materials;
      (iii) be impact resistant; and
      (iv) be airtight.
    (D) Enclosure walls must be made of tongue-and-groove boards, boards with spine joints, or gypsum boards having taped seams. The underlying structure must be able to support the weight of the enclosure.
    (E) All joints adjoining the walls and ceiling of the enclosure must be caulked.
    (F) Tools used during the installation of the enclosure must be equipped with a HEPA-filtered vacuum.
  (8) Asbestos exposed as a result of any spot repair must be properly enclosed or encapsulated.
  (9) HEPA vacuuming, wet cleaning, or both must be used to decontaminate regulated areas and equipment until there is no visible debris.
  (10) ACWM must be double-bagged into 6-mil thick plastic bags or sealed in leak-tight drums that must be marked in accordance with applicable NESHAP and OSHA regulations and paragraph (13) of this subsection and disposed of in accordance with NESHAP and as required in paragraphs (15) - (17) of this subsection.
  (11) A bag must not be filled to a level that tears or breaks the bag. Excess air in a bag must be removed before exiting a mini-containment or removing a glove bag. 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 regulated 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.
  (12) If a bag leaks, the bag must be placed into a third bag and sealed as required in paragraphs (10) and (11) 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.
  (13) 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.
  (14) 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.
  (15) 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.
  (16) 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.
  (17) ACWM transported by a licensed asbestos transporter off the asbestos operations and maintenance abatement project site must be disposed of in accordance with 40 CFR §61.150(d).

Source Note: The provisions of this §296.213 adopted to be effective July 8, 2021, 46 TexReg 3880