(a) Scope and limitations.
  (1) The alternative work practices under subsection (b) of this section may be used for the removal of the following intact, nonfriable ACBM:
    (A) any packing;
    (B) any gaskets; and
    (C) any cements and mastics.
  (2) The work practices described in subsection (b) of this section do not limit, and must be followed in their entirety to the extent that they are consistent with, the requirements of any other applicable law, including 29 CFR §1926.1101 (relating to Asbestos) and must not be used if the ACBM listed in paragraph (1) of this subsection becomes friable during the removal project. Unless those work practices are followed, or if the ACBM becomes friable or becomes RACM, all abatement activity must stop, and the area prepared and abated in accordance with §296.213 of this chapter (relating to Asbestos Operations and Maintenance (O&M) Practices and Procedures for O&M Licensees in a Public Building), if applicable, or §296.212 of this chapter (relating to Standard Asbestos Abatement Practices and Procedures in a Public Building).
  (3) Only a person who is a licensed asbestos abatement contractor, licensed asbestos abatement supervisor, or registered asbestos abatement worker may conduct asbestos abatement of nonfriable ACBM using the work practices outlined in subsection (b) of this section. A licensed asbestos abatement supervisor must supervise any registered asbestos abatement worker. A licensed asbestos consultant or the consultant's designated licensed asbestos project manager or licensed asbestos air monitoring technician project monitor (AMT/PM) must monitor the project for compliance with the requirements of this section. A project design is not required for a project using this alternative method.
  (4) Written notification must be provided, as required in §296.251 of this chapter (relating to Notifications).
(b) Work practices.
  (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 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 regulated area. To protect the public from accidental entry, the 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) All HVAC equipment in or passing through the regulated area must be shut down, and preventative measures taken to prevent accidental start-ups. Supply and return openings and seams in system components must be sealed with at least 6-mil thick plastic sheeting, tape, or both.
  (4) All active electrical service lines within the regulated area must be connected through ground-fault circuit interrupter devices (GFCI). An electrical appliance must not be plugged into an outlet unless equipped with a GFCI.
  (5) ACBM must be wetted with amended water and remain wet throughout the abatement activity.
  (6) Work practices must not include grinding, abrading, sanding, or pulverizing ACBM.
  (7) HEPA vacuuming, wet cleaning, or both must be used to decontaminate the regulated area and equipment until there is no visible debris.
  (8) ACWM must be 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.
  (9) Ambient air must be monitored and analyzed on-site by a licensed asbestos consultant or the consultant's designated licensed asbestos air monitoring technician (AMT) or AMT/PM employed by a licensed asbestos laboratory and as required in §296.211(h)(1) of this chapter (relating to General Requirements for Asbestos Abatement in a Public Building). Samples must be taken throughout the regulated area and adjacent to any active asbestos abatement activity and the asbestos consultant or the asbestos consultant's designated AMT or AMT/PM must provide the result of any ambient air analysis that exceeds a concentration of 0.01 f/cc (fibers per cubic centimeter) to the asbestos abatement supervisor. All asbestos abatement activity must be stopped and cleanup conducted as described in subsection (a)(2) of this section if at any time the result of ambient air analysis exceeds a concentration of 0.01 f/cc (fibers per cubic centimeter) for any sample, when measured by phase contrast microscopy using the NIOSH 7400 method.
  (10) 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 that the abatement work area is free of all residual dust and debris. This paragraph does not affect otherwise applicable requirements for personal air monitoring.
  (11) A licensed asbestos consultant or the consultant's designated licensed asbestos project manager or licensed 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 contractor's initial visual inspection to observe and determine if 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.
  (12) The licensed asbestos abatement contractor must abate all ACM and remove any ACWM discovered by the final visual inspection as required in this chapter.
  (13) Work practices must be performed in accordance with 29 CFR §1926.1101 (relating to Asbestos), as applicable.

Source Note: The provisions of this §296.232 adopted to be effective July 8, 2021, 46 TexReg 3880