(a) License required. A person must be licensed as an asbestos air monitoring technician (AMT) to perform air monitoring services for an asbestos abatement project or asbestos-related activity in a public building. A licensed AMT must have written delegated authority, as required in §296.58(b)(1)(K) of this chapter (relating to Asbestos Consultant) to perform project air monitoring 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 and is subject to the same conditions, restrictions, and requirements applicable to an AMT under this section.     
      (b) Licensee scope of practice. An AMT may:      
        (1) collect baseline, area, and clearance samples, if employed by an asbestos consultant agency or an asbestos laboratory;       
        (2) collect personal samples in accordance with 29 CFR §1926.1101 (relating to Asbestos), if employed by a licensed asbestos consultant or licensed consultant agency that is hired by an asbestos abatement contractor or asbestos operations and maintenance (O&M) contractor, as described in §296.31(b)(1)(B); and       
        (3) analyze airborne fibers in the field, if the AMT is employed by a licensed asbestos laboratory and:                  (A) is listed on the American Industrial Hygiene Association (AIHA) Asbestos Analyst Registry, as required in §296.61 of this chapter (relating to Asbestos Laboratory); or                   (B) has received the NIOSH 582 or NIOSH 582 Equivalent training and participates in the AIHA Proficiency Analytical Testing Program.         
      (c) Licensee responsibilities. An AMT must:      
        (1) collect area, baseline, and clearance air samples either:                  (A) as described in the asbestos abatement project specifications and plans; or                   (B) as required in §296.211(h) of this chapter (relating to General Requirements for Asbestos Abatement in a Public Building) when specifications and plans are not required;         
        (2) collect personal air samples in accordance with 40 CFR Part 763, Subpart G (relating to Asbestos Worker Protection) or 29 CFR §1926.1101 (relating to Asbestos), whichever is applicable, when hired to collect personal samples;       
        (3) if analyzing air samples in the field, demonstrate, upon request by a DSHS inspector, competency in phase contrast microscopy analysis using the NIOSH 7400 method, including:                  (A) calibrating microscopes;                   (B) reading test slides provided by the DSHS inspector;                   (C) preparing sampling logs;                   (D) preparing sample slides;                   (E) performing calculations to determine sample time, flow rate, volume, sample count, fiber concentration, and time weighted average; and                   (F) providing documentation of AMT's NIOSH 582 or NIOSH 582 Equivalent training certificate and documentation of current participation in the AIHA Proficiency Analytical Testing Program or current registration with the AIHA Asbestos Analyst Registry;         
        (4) record in writing the results of area, baseline, clearance, and personal air samples that are analyzed, and document that area, baseline, and clearance air sample results are provided verbally, and personal air sample results are provided in writing, to the asbestos abatement contractor by the following time frames unless the consultant has designed a sampling strategy that deviates from these time frames:                  (A) the next working day after the date of sampling for any air sample analyzed on-site; or                   (B) the third working day after the date of initial sampling of friable ACBM for any air sample analyzed in an asbestos laboratory off-site;         
        (5) cooperate with DSHS personnel during inspections and investigations, as required in §296.271 of this chapter (relating to Inspections and Investigations); and       
        (6) comply with recordkeeping requirements, as required in §296.291 of this chapter (relating to Recordkeeping).       
     Source Note:        The provisions of this §296.54 adopted to be effective July 8, 2021, 46 TexReg 3880