Under §296.21(6) of the Texas Asbestos Health Protection Rules (TAHPR), ACWM is defined as “…mill tailings or any waste material that contains asbestos and is generated by a source subject to the provisions of NESHAP or this chapter. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with asbestos. As applied to demolition and renovation operations, this term also includes RACM and materials contaminated with asbestos, including disposable equipment and clothing.”  

ACWM includes any material that contains asbestos and has been removed at a facility or public building during demolition, renovation, repair, or asbestos abatement activities. This includes debris, dust, disposable protective clothing, used plastic sheeting, and any materials contaminated with asbestos. 

A person or company that meets state and federal asbestos waste transport requirements, including state licensure for the projects conducted inside a public building may transport ACWM generated from a regulated asbestos abatement project in Texas. This applies whether the transporter is a contractor, subcontractor, or third-party hauling company.

A person must be licensed as an asbestos transporter to transport asbestos-containing waste material (ACWM) removed from a public building.

Asbestos waste must be disposed of at a landfill approved by the Texas Commission on Environmental Quality (TCEQ) that is authorized to accept ACWM. Disposal at unauthorized facilities is prohibited.

Yes, an asbestos abatement contractor may transport asbestos waste generated from their project if they hold a valid asbestos waste transporter license issued by the Texas Department of State Health Services (DSHS) and comply with all handling, training, and documentation requirements.

In general, persons performing asbestos-related activities must be accredited in accordance with the Model Accreditation Plan (MAP), 40 CFR Part 763, Subpart E, Appendix C to engage in the activities for that accredited discipline. However, the MAP does not outline accreditation requirements for an asbestos transporter. 

Although accreditation/certification may not be required for this activity, it would still be the asbestos waste transporter’s responsibility to comply with all federally applicable requirements such as: 49 CFR, Subtitle B, Chapter I (relating to Pipeline and Hazardous Materials Safety Administration, Department of Transportation); the National Emission Standards for Hazardous Air Pollutants (NESHAP), specifically the provisions concerning asbestos transport; and, where applicable, Appendix D, (relating to Transport and Disposal of Asbestos Waste) of the Asbestos Hazard Emergency Response Act (AHERA). 

The Texas Department of State Health Services (DSHS) does not have any regulatory authority outside the state of Texas and cannot comment on the licensure or certification requirements of other states. However, in general, if transporting ACWM out of state, the asbestos transporter must follow the regulations of the receiving state applicable to delivery of the ACWM to an out-of-state disposal facility. If there are questions regarding the licensure requirements of a particular state, DSHS recommends that you reach out to each state directly for clarification.

Any person or company that transports asbestos-containing waste material (ACWM) generated from a public building in Texas must be licensed to transport asbestos waste. This applies whether the transporter is a contractor, subcontractor, or third-party hauling company. The type of building the waste was generated from determines whether the third-party hauling company needs to be licensed or not.

§296.47(b)(12) of the Texas Asbestos Health Protection Rules (TAHPR) requires an asbestos transporter applicant to submit: 

“A copy of the applicant's emergency response plan prepared in compliance with 29 CFR §1910.120(q), unless exempt under the requirements of that section.” 

Under 29 CFR §1910.120(q), employers whose employees evacuate the area during an emergency and will not assist in handling or responding to the incident are exempt from the emergency response plan requirement, provided they maintain an Emergency Action Plan (EAP) in accordance with 29 CFR §1910.38. A transporter whose employees only evacuate may qualify for the exemption and would not be required to submit a full emergency response plan. However, DSHS may request documentation, such as the EAP, to verify eligibility for the exemption. 

No. Under §296.60(a) of the Texas Asbestos Health Protection Rules (TAHPR), anyone who transports asbestos-containing waste material (ACWM) removed from a public building must be licensed as an asbestos transporter. The term “person” is defined under TAHPR §296.21(72) as:

(A) an individual, including a sole proprietorship; or

(B) a corporation, partnership, governmental subdivision or agency, association, or any other legal entity. 

Yes. Under §296.60(c)(4) of the Texas Asbestos Health Protection Rules (TAHPR), an asbestos transporter must make sure that any employee who transports, loads, or unloads asbestos is properly trained. This training must meet federal hazardous materials requirements under 49 CFR, Subtitle B, Chapter I, Subchapter C, which cover how to safely handle and transport asbestos.