Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter L - GENERAL REQUIREMENTS, AND PRACTICES AND PROCEDURES FOR ASBESTOS ABATEMENT IN A PUBLIC BUILDING › Section 296.212 - Standard Asbestos Abatement Practices and Procedures in a Public Building

Current through Reg. 49, No. 28; July 12, 2024
(a) General provisions. The general work
											  practices in this section are minimum requirements for protection of public health for standard projects
											  using full containment in a public building and do not constitute complete or sufficient specifications and
											  plans for an asbestos abatement project. An asbestos abatement project may have specifications and plans for
											  an asbestos abatement activity that are specific to the project and are more detailed or stringent than the
											  requirements of this section so long as the work practices specified are as protective of the public health
											  as the general requirements in this section. These specifications and plans, to the extent they do not
											  conflict with other applicable federal and state law must be followed as a requirement of this chapter.
											  Otherwise, the general work practices described in this section must be used for asbestos removal that does
											  not meet the conditions required to use alternative methods described in Subchapter M (relating to
											  Alternative Asbestos Practices and Procedures in a Public Building).
(1)
											  Subject to the following conditions, and if otherwise consistent with other applicable federal and state law,
											  a licensed asbestos consultant may specify work practices that vary from the requirements of this section as
											  long as the work practices specified are as protective of public health.
(A) A licensed asbestos consultant who designs a project that includes dry
											  removal or no negative air must submit a written request for approval to DSHS, including the project
											  specifications and plans or a written description of the design. The request must include the licensed
											  asbestos consultant's certification that the design is as protective of public health as the work practices
											  described in this section and the consultant's basis for that conclusion. The request must include
											  documentation that a certified industrial hygienist or a professional engineer licensed in Texas approved the
											  design. The consultant must not begin the project without written approval from DSHS. The licensee must
											  clearly describe the approved variance on the notification form.
(B) A licensed asbestos consultant who designs a project with work
											  practices other than dry removal or no negative air that differ from this section must document the variance
											  on DSHS's notification form. The licensee must clearly describe on the notification form the work practices
											  and demonstrate how the specific work practices are as protective of public health as the work practices in
											  this section. DSHS may disapprove the proposed variation after receiving notice or documentation under this
											  subparagraph or any other information related to the variation if DSHS does not or cannot determine that the
											  work practice variance is as protective of public health as the work practices in this section.
(C) The asbestos consultant must, upon request by DSHS, provide additional
											  documentation and justification to support any variance.