(a) General provisions. As specified in §296.171 of this chapter (relating to Removal of Resilient Floor-Covering Material), the licensing and registration requirements of this chapter do not apply to a person who is performing or supervising the removal of resilient floor-covering material in a public building as required in this section. Such removal must:
  (1) be performed using work practices for that activity published by the Resilient Floor Covering Institute (RFCI work practices) at the time of the activity and supervised by an individual (RFCI supervisor) who meets the requirements of subsection (c) of this section who is responsible for ensuring that RFCI work practices and the requirements of this section are followed; or
  (2) be performed using other methods determined by the commissioner to provide public health protection from asbestos exposure, in accordance with §1954.104 of the Act.
(b) Scope and limitations.
  (1) The removal activity allowed under this exemption is strictly limited to intact resilient floor-covering material that is nonfriable; remains intact; and has not been sanded, ground, mechanically chipped, drilled, abraded, cut, or sawed. Shearing, slicing, or punching the flooring does not, by itself, make this section inapplicable to the flooring material. Asbestos-containing resilient floor-covering material that does not meet the limitations of this paragraph is subject to paragraph (3) of this subsection.
  (2) The removal activity must not become a response action.
  (3) If, either before or during the removal, any of the resilient floor-covering material does not meet the limitations of paragraph (1) of this subsection, then:
    (A) removal under RFCI work practices is prohibited and, if already begun, must immediately cease; and
    (B) the area must be prepared and abated as required in §296.191 of this chapter (relating to Asbestos Management in a Public Building, Commercial Building, or Facility) and §296.212 of this chapter (relating to Standard Asbestos Abatement Practices and Procedures in a Public Building).
  (4) An RFCI contractor or RFCI supervisor who fails to stop the project under the circumstances referenced in paragraph (3) of this subsection and to abate as required in paragraph (3)(B) of this subsection violates this section, applicable licensing requirements, and the provisions of this chapter that are applicable to the continuing activity. Any such person, as well as the building owner, is subject to penalties as described in §296.318 of this chapter (relating to Administrative Penalty).
  (5) A person who performs removal using RFCI work practices must:
    (A) establish and maintain a regulated area with appropriate signage and demarcation to inform and protect the public from exposure as described in the RFCI work practices and in compliance with OSHA in 29 CFR §1926.1101(e) and (k)(7) (relating to Asbestos);
    (B) keep a copy of the current RFCI work practices and other records applicable to the removal activity on-site for the duration of the project, as required in §296.291 of this chapter (relating to Recordkeeping);
    (C) double bag and label ACWM, as required in §296.212(c) of this chapter;
    (D) upon completion of the project, have an RFCI supervisor confirm that all ACBM required to be removed was removed and containerized as required in this chapter and the abatement work area is free of all residual dust and debris;
    (E) provide proper temporary storage of ACWM (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, as required in §296.212(c)(9) and (10) of this chapter; and
    (F) provide DSHS with written notification, as required in §296.251 of this chapter (relating to Notifications).
(c) Training.
  (1) An individual engaged in removal of resilient floor-covering material using the RFCI work practices must successfully complete an eight-hour RFCI training course and any required refresher course, in compliance with 29 CFR §1926.1101(k)(9), that covers the elements described in the RFCI work practices. The removal of resilient floor-covering material must be supervised by an RFCI supervisor who is a competent person, as defined under 29 CFR 1926.32(f) (relating to Definitions), and, except as provided in paragraph (3) of this subsection, has successfully completed an additional minimum four-hour training course, review and examination required to supervise the removal of resilient floor-covering material, that addresses the following topics:
    (A) prework activities and considerations, including determination of asbestos-containing materials, methods of identification, walk through survey and bulk sampling, common building materials containing asbestos, and review of OSHA, EPA, Department of Transportation, and state and local regulations;
    (B) assessment of the work area, including site preparation considerations, conducting a negative exposure assessment, isolating the work area, adjacent areas, regulated areas, and safety hazards;
    (C) notification, recordkeeping, and waste disposal, including recordkeeping requirements, notification requirements, warning signs, special equipment, and transport and disposal of asbestos waste; and
    (D) supervising workers, including establishing goals, providing clear instructions, establishing expectations, use of supervisory authority, and motivating workers.
  (2) An individual employed by a school who elects to use the RFCI work practices must first complete the 16-hour custodial training required by AHERA, unless the individual is a registered asbestos abatement worker, licensed asbestos O&M supervisor, or licensed asbestos abatement supervisor.
  (3) An individual licensed as an asbestos abatement supervisor or accredited as an asbestos contractor/supervisor under the MAP is not required to complete the additional four-hour training required under paragraph (1) of this subsection to supervise the removal of resilient floor-covering material.

Source Note: The provisions of this §296.231 adopted to be effective July 8, 2021, 46 TexReg 3880