Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998 Page: 12,365
12311-12450 p. ; 28 cm.View a full description of this periodical.
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ions and that proper storage is maintained for all of the com-
pany's records and plans related to asbestos activities If more
than one management planner works for a company, that conm-
pany must be licensed or an agency. No change was made as
a result of this comment.
Comment Concerning 295.51(f)(3), One commenter suggests
clarifying that a Management Plan is not specifications and
cannot substitute for specifications
Response: The department disagrees with the need for clarifi-
cation, though it agrees that a management plan cannot substi-
tute for specs. Even though a management plan may contain
include a procedure on how to address a response action (ie
in case of a major fiber release episode, contact a licensed
asbestos consultant), it is not a substitute for bid documents.
The list of Management Planner responsibilities does not in,
clude preparation of plans and specifications for abatement (see
295.51(f)). No change was made as a result of this comment.
Comment Concerning 295.52, one commenter said that there
was no requirement for an air monitoring technician to be on
site and would prefer this person versus the project manager
Another commenter said that we needed to clarify that an air
monitoring technician is not required to be on site.
Response: The air monitoring technician must ensure that the
samples are not tampered with. A project manager who must
be at the site could watch the samples to ensure their integrity.
This project manager could also be licensed as an air monitoring
technician. In response to the second comment, although there
is no specific requirement in 295.52 that an air monitoring
technician must be on site monitoring the air sampling pumps,
the consultant must ensure that sampling integrity is preserved.
No change was made as a result of this comment.
Comment Concerning 295.52(a), one commenter needed to
know if an air monitoring technician would be able to perform
area, clearance, and personal samples for the contractor.
The same commenter also recommended that the department
allow an air monitoring technician to perform both types of air
monitoring on a project. Another commenter was unclear as
to whether an AMT can take personal samples for a contractor
as an independent contractor and not as an employee of the
contractor.
Response: The asbestos contractor can hire the same air
monitoring technician to perform area and clearance samples
for the building owner to perform OSHA compliance sampling.
The person performing the area and clearance sampling must
be employed by the building owner. See 295.37.Licensing and
Registration: Conflict of Interests. In response to the last
comment, the proposed language allows an AMT to act as
an independent contractor in order to collect the Occupational
Safety and Health Administration (OSHA) personnel samples
for an abatement contractor. The AMT may not analyze those
samples unless he works for a licensed laboratory. No change
was made as a result of this comment.
Comment Concerning 295.52(e)(7), several commenters felt
that 30 days experience was too long. Some suggested two
weeks. Another suggested five days over a 60 day period.
Another commenter felt that no experience was necessary since
air monitoring is entry level. Two commenters said to remove
the requirement for "direct" supervision or reduce the number
of days of supervision required. One commenter said that
apprenticeship without a license needed to be addressed.Response: The department agrees that an acceptable minimum
time frame for experience is required. Ten days experience
under the direct supervision of a licensed air monitor technician
or consultant over the past year is sufficient to meet this
requirement Even though this is an entry level position, it
does require some degree of technical ablity, that for some
persons, requires hands-on experience in order to fully learn
it. A short apprenticeship will help assure that the air samples,
a critical part of monitoring an abatement job for compliance,
are of a high quality and reliable indicators of the abatement
performance. As far as apprenticeship without a license, this
issue is automatically addressed by requiring direct supervision.
Since an applicant cannot perform air monitoring without a
license, in order to get the apprenticeship completed before
obtaining a license, the applicant must work under the direct
supervision of a licensed air monitor technician. No change
was made as a result of this comment.
Comment Concerning 295.52(e)(7), one commenter sug-
gested a temporary license for the apprenticeship.
Response: The department feels that a temporary license is
redundant If a person can work without supervision with
this temporary license, then it is not an apprenticeship. A
person such as an apprentice, who is required to be under
direct supervision does not need a license and may enter
containment at the discretion of the consultant in accordance
with 295.60(a)(4). No change was made as a result of this
comment.
Comment Concerning 295.52(e)(7), One commenter sug-
gests adding "working for a contractor to agree with paragraph
(a) and to eliminate the license requirement for an air monitor-
ing techniaan to perform personal air samples for a contractor.
Response: The department has incorporated the requirement
for an air monitor to be an employee of an asbestos contractor.
The department disagrees with eliminating the license require-
ment for an air monitoring techniaan performing personal air
samples. The purpose of having an air monitoring techniaan
licensed by the department is to ensure that the person has
received proper training and experience needed to perform his
duties. No change was made as a result of this comment
Comment Concerning 295.52(e)(7), One commenter wanted
to know what is required as proof of performing air monitoring
since it is not defined in this paragraph.
Response: The department recommends submitting written
documentation to reflect the projects where air sampling was
performed and provide a name and phone number of a person
that can verify the experience. Refer to sample format of
supervisor's license application when submitting job experience.
The department will be updating the licensing form when the
rules become effective. No change was made as a result of
this comment.
Comment: Concerning 295.52(e)(7), One commenter sug-
gested deleting "as an apprentice," since this implies a type
of employment relationship that may exist in the construction
industry but is not common for AMTs.
Response: The department uses the term "apprentice" to
describe a person who is learning by practical experience
under the supervision of a knowledgeable and skilled worker
(journeyman). No change was made as a result of this
comment.ADOPTED RULES December 4, 1998 23 TexReg 12365
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Texas. Secretary of State. Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998, periodical, December 4, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379980/m1/65/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.