Current through Register 1531, September 27, 2024
(1)
DEFINITIONS. The definitions set forth at
310 CMR
7.00 apply to 310 CMR 7.15, unless otherwise defined
in 310 CMR 7.15(1). The following words and phrases shall have the following
meanings as they appear in 310 CMR 7.15. If a term is defined both in
310 CMR
7.00 and in 310 CMR 7.15(1), then the definition in
310 CMR 7.15(1) applies for purposes of 310 CMR 7.15.
ADEQUATELY WET or
ADEQUATELY WETTED means fixing or coating with water
(or water to which a surfactant has been added), amended water or a
remover-encapsulant, so as to prevent a friable condition and visible
emissions. Material shall be considered adequately wetted where it has been
fixed or coated with water (or water to which a surfactant has been added),
amended water or a remover-encapsulant, so as to prevent a friable condition
and visible emissions.
AHERA means the Asbestos Hazard
Emergency Response Act,
15 U.S.C.
2646
et seq., and the
regulations promulgated thereunder, including 40 CFR Part 763 .
AMENDED WATER means water to which a
wetting agent has been added.
ASBESTOS means all asbesti form
varieties of serpentinite (chrysotile), riebeckite (crocidolite),
cummingtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite,
and any other asbestiform minerals designated as asbestos by EPA in
40
CFR 61.141.
ASBESTOS ABATEMENT ACTIVITY means the
removal, encapsulation, demolition, renovation, enclosure, repair, disturbance,
handling, transportation, storage, or disposal of asbestos-containing material
or asbestos-containing waste material or any other activity involving
asbestos-containing material or asbestos-containing waste material that has the
potential to result in a condition of air pollution. ASBESTOS
ABATEMENT ACTIVITY does not include survey, sampling, analysis,
monitoring, or visual inspection activities.
ASBESTOS ANALYTICAL SERVICES means
services provided by a person certified by the Commonwealth pursuant to
453
CMR 6.08: Certification and Other
Requirements for Asbestos Analytical Services which include, but are
not limited to, the counting or enumeration of asbestos fibers in the air (air
monitoring analysis) and the identification and quantification of asbestos in
materials (bulk sample analysis) in connection with any asbestos hazard
assessment, facility inventory, exposure measurement, abatement activity or
associated activity.
ASBESTOS-CONTAINING MATERIAL (ACM)
means any material containing 1% or more asbestos as determined by a laboratory
using protocols set forth in the Method for the Determination of
Asbestos in Bulk Building Materials found in EPA report
EPA/600/R-93/116, or another method as directed by the Department.
ASBESTOS-CONTAINING MATERIAL (ACM) includes, but is
not limited to, sprayed-on and troweled-on materials applied to ceilings,
walls, and other surfaces; insulation on pipes, boilers, tanks, ducts, and
other equipment, structural and non-structural members; tiles; asphalt roofing
or siding materials; or asbestos-containing paper.
ASBESTOS-CONTAINING WASTE MATERIAL
(ACWM) means any ACM removed during a demolition or renovation
project and anything contaminated with asbestos in the course of a demolition
or renovation project including, but not limited to, asbestos waste from
control devices, bags or containers that previously contained asbestos,
contaminated clothing, materials used to enclose the work area during the
demolition or renovation operation, and demolition or renovation debris.
ASBESTOS-CONTAINING WASTE MATERIAL (ACWM) shall also
include ACM on and/or in facility components that are inoperable or have been
taken out of service and any ACM that is damaged or deteriorated to the point
where it is no longer attached as originally applied or is no longer serving
the intended purpose for which it was originally installed.
ASBESTOS CONTRACTOR means any person
who has a valid license issued by the Commonwealth pursuant to
453
CMR 6.05: Licensure of Asbestos
Contractors for the purpose of entering into or engaging in asbestos
abatement activity.
ASBESTOS INSPECTOR means any person
certified by the Commonwealth pursuant to
453
CMR 6.07: Certification of
Consultants who identifies, assesses the condition of, or collects
pre-abatement samples of ACM.
ASBESTOS PROJECT MONITOR means any
person certified by the Commonwealth pursuant to
453
CMR 6.07: Certification of
Consultants who:
(a) Collects
air and bulk samples and performs visual inspections for the purpose of
determining asbestos project completion;
(b) Collects environmental asbestos air
samples for the purpose of assessing present or future potential for exposure
to airborne asbestos; or
(c)
Functions as the on-site representative of the facility owner or other persons
by overseeing the activities of the asbestos contractor.
ASBESTOS SURVEY REPORT means a written
report resulting from a thorough inspection using EPA approved procedures and
methods, or an alternate asbestos inspection method that has received prior
written approval from the Department, to determine whether materials or
structures to be worked on, renovated, removed or demolished (including
materials on the outside of structures) contain asbestos.
BULK LOADING means the placement of
unconfined ACWM in a vehicle or container, such as a roll-off, dumpster or
truck in lieu of packaging the ACWM in individual leak tight
containers.
CONTAINERIZE means to place into
sealed containers which will prevent leakage of solids, including dust, and
liquids.
DEMOLITION, for the purposes of 310
CMR 7.15, means the wrecking or taking out of any load-supporting structural
member of a facility together with any related handling operations or the
intentional burning of any facility.
DISTURBANCE means a physical
disruption of the matrix of an ACM which predisposes the material to release
fibers or to generate asbestos-containing dust or debris.
DUMPING GROUND, for the purpose of 310
CMR 7.15, means a facility or place used for the disposal of ACWM from one or
more sources which is not established or maintained pursuant to a valid site
assignment and permit in accordance with M.G.L. c. 111, § 150A,
310 CMR 16.00: Site
Assignment Regulations for Solid Waste Facilities or 310 CMR 19.000:
Solid Waste Management.
EMERGENCY RENOVATION OPERATION means a
renovation operation that was not planned but results from a sudden, unexpected
event that, if not immediately attended to, presents a safety or public health
hazard, is necessary to protect equipment from damage, or is necessary to avoid
imposing an unreasonable financial burden. EMERGENCY RENOVATION
OPERATION includes operations necessitated by nonroutine failures
of equipment.
ENCAPSULATION means the application of
a coating or liquid sealant to ACM to reduce the tendency of the material to
release fibers.
ENCLOSURE means the covering or
wrapping of friable ACM in, under or behind air-tight barriers.
FACILITY means any dumping ground, or
any installation, structure, building establishment or ship, and associated
equipment.
FRIABLE means material that, when dry,
can be crumbled, shattered, pulverized or reduced to powder by hand
pressure.
FRIABLE ASBESTOS-CONTAINING MATERIAL (FRIABLE
ACM) means any ACM, that, when dry, can be crumbled, shattered,
pulverized or reduced to powder by hand pressure or any non-friable ACM that
has been subjected to sanding, grinding, cutting, or abrading or has been
crumbled, shattered or pulverized by mechanical means such as, but not limited
to, the use of excavators, bulldozers, heavy equipment, or power and/or hand
tools.
GLOVE BAG or
GLOVEBAG means a manufactured plastic bag-type of
enclosure with built-in gloves, which is placed with an air-tight seal around a
facility component which permits ACM in or on the facility component to be
removed without releasing asbestos fibers into the atmosphere.
HEPA FILTRATION means high efficiency
particulate air filtration capable of filtering 0.3 micron particles with
99.97% efficiency.
INCIDENTAL MAINTENANCE PROJECT OR WORK
means any asbestos abatement activity conducted in accordance with the
applicable work practice standards set forth in 310 CMR 7.15 and which involves
the removal or disturbance of:
(a) 100 square feet or less of
asbestos-containing floor tile and related asbestos-containing mastics;
and/or
(b) 32 square feet or less
of asbestos-containing gypsum wallboard and/or joint compound.
LEAK-TIGHT means a condition under
which solids, including dust and liquids, cannot escape or spill out of a
container.
NON-FRIABLE means material that, when
dry, cannot be crumbled, shattered, pulverized or reduced to powder by hand
pressure.
NON-FRIABLE ASBESTOS-CONTAINING MATERIAL
(NON-FRIABLE ACM) means any ACM that, when dry, cannot be
crumbled, shattered, pulverized or reduced to powder by hand pressure and that
has not been subjected to sanding, grinding, cutting, or abrading and has not
been crumbled, shattered, or pulverized by mechanical means such as, but not
limited to, the use of excavators, bulldozers, heavy equipment, or power and/or
hand tools.
OSHA means the Occupational Safety and
Health Administration of the United States Department of Labor.
OWNER-OCCUPIED, SINGLE-FAMILY
RESIDENCE means any single unit building containing space for uses
such as living, sleeping, preparation of food, and eating that is used by a
single family which owns the property both prior to and after renovation or
demolition. OWNER-OCCUPIED, SINGLE-FAMILY RESIDENCE
includes houses, mobile homes, trailers, detached garages, houseboats, and
houses with a "mother-in-law apartment" or "guest room".
OWNER-OCCUPIED, SINGLE-FAMILY RESIDENCE does not
include rental property, multiple-family buildings, mixed use
commercial/residential buildings or structures used for fire training
exercises.
OWNER/OPERATOR means any person
who:
(a) has legal title,
alone or with others, of a facility or dumping ground;
(b) has the care, charge, or control of a
facility or dumping ground, or
(c)
has control of an asbestos abatement activity including, but not limited to,
contractors and subcontractors.
RENOVATION, for the purposes of 310
CMR 7.15, means altering a facility or one or more facility components in any
way, including the stripping or removal of ACM from a facility component.
Operations in which load-supporting structural members are wrecked or taken out
are "demolitions".
SAMPLING means the process of
obtaining portions of materials suspected of containing asbestos, including the
taking of bulk portions of materials for analysis to determine composition, and
the collection of air for the purposes of measuring the presence of
asbestos.
SURVEY means any pre-demolition or
pre-renovation activity undertaken at a facility for the purpose of determining
the presence, location, amount, and condition of ACM or material assumed to
contain asbestos. Activities including, but not limited to, the following do
not meet the requirements for a survey pursuant to 310 CMR 7.15:
(a) Inspections performed by
employees or agents of federal, state or local government solely for the
purpose of determining compliance with applicable statutes or regulations; or
(b) Inspections, surveillance and
testing conducted for the purpose of compliance with AHERA.
SUSPECT ASBESTOS-CONTAINING MATERIAL
means products that have a reasonable likelihood of containing asbestos based
upon their appearance, composition and use. SUSPECT
ASBESTOS-CONTAINING MATERIAL includes, but is not limited to,
non-fiberglass insulation (e.g. pipe, boiler, duct work,
etc.), cement/transite shingles, vinyl floor and wall tiles,
vinyl sheet flooring, plaster, cement/transite pipes, cement sheets (corrugated
and decorative), ceiling tiles, cloth vibration dampers or ductwork, spray-on
fire proofing, mastic (flooring or cove base adhesive or damp proofing), and
asphalt roofing or siding materials (shingles, roofing felts, tars,
etc.).
VISIBLE DEBRIS means any visually
detectable particulate residue, such as dust, dirt or other extraneous material
which may or may not contain asbestos.
WASTE SHIPMENT RECORD means the
shipping document, required to be originated and signed by the owner/operator,
used to track and substantiate the disposition of ACWM.
WORK AREA means the area or location
where any asbestos abatement activity or incidental maintenance work is being
performed, including but not limited to: areas used for accessing the location
where asbestos abatement, asbestos-associated project work or incidental work
is being performed; areas used for the storage of equipment or removed
materials related to asbestos abatement activity; and other areas of a facility
or location in which the Department determines that such asbestos abatement
activity has been or may be an actual or potential cause of a condition of air
pollution.
WORK PRACTICE STANDARDS means the
standards, procedures or actions for the removal, enclosure or encapsulation of
asbestos, or for the demolition, renovation, maintenance or repair of
facilities containing asbestos.
WORKING DAY means any day that the
Massachusetts Department of Environmental Protection is open for
business.
(2)
Applicability.
(a)310 CMR 7.15 applies to any persons
engaged in asbestos abatement activities or associated activities or actions
set forth in 310 CMR 7.15(3), and to activities associated with such asbestos
abatement activities, including, but not limited to, notifications, surveys,
visual inspections, and recordkeeping.
(b) Nothing in 310 CMR 7.15 shall relieve any
person from complying with all other applicable federal, state and local laws
and regulations, including, but not limited to,
42 U.S.C.A. §
7412 (the Clean Air Act) and 40 CFR, Part 61
, Subpart M (the Asbestos National Emission Standard for Hazardous Air
Pollutants); and M.G.L. c. 149, §§ 6A through 6F (statutes
authorizing the Department of Labor Standards to regulate asbestos) and
453 CMR
6.00: The Removal, Containment or
Encapsulation of Asbestos.
(3)
Prohibitions.
(a) No person shall:
1. Violate or cause, suffer, allow or permit
a person to violate any requirement set forth in 310 CMR 7.15; or
2. Cause, suffer, allow, or permit any
asbestos abatement activity which causes or contributes to a condition of air
pollution; or
3. Cause, suffer,
allow, or permit any asbestos abatement activity which poses an actual or
potential threat to human health, safety and welfare or to the
environment.
(b) No
person shall prevent access to ACM for subsequent removal.
(c) No person shall spray ACM on any facility
or facility component.
(d) No
person shall apply an encapsulant to severely damaged or deteriorated
ACM.
(e) No person shall install or
reinstall asbestos-containing insulating material on a facility or facility
component or install or reinstall a facility component that contains
asbestos-containing insulating material.
(f) No person shall abandon or leave
inoperable or out-of-service facility components that contain ACM, that are not
in compliance with 310 CMR 7.15(3)(g), and are located above ground or have
been exposed by excavation on-site. Inoperable or out-of-service facility
components containing ACM and located underground do not need to be removed
unless they are disturbed or uncovered by excavation.
(g) No person shall fail to maintain ACM that
is located above ground, in a facility or that is uncovered by excavation, in
good condition and serving the intended purpose for which it was originally
installed.
(h) No person shall
make, or cause any other person to make, any false, inaccurate, incomplete or
misleading statement(s) in any notification or any other record or report
submitted to or required by the Department pursuant to 310 CMR 7.15. Each
owner/operator of a facility subject to any asbestos abatement activity shall
notify the Department in writing immediately, but in no event more than 24
hours after the discovery of any false, inaccurate, incomplete, or misleading
statement(s) in any such notification or other record or report submitted to or
required by the Department pursuant to 310 CMR 7.15.
(4)
Survey
Requirements. With the exception of the owner of an
Owner-occupied, Single-family Residence who performs asbestos abatement
activities at the owner's residence involving solely non-friable ACM, the
owner/operator of a facility or facility component that contains suspect ACM
shall, prior to conducting any demolition or renovation, employ or engage an
asbestos inspector to thoroughly inspect the facility or facility component, or
those parts thereof where the demolition or renovation will occur, to identify
the presence, location, amount and condition of any ACM or suspect ACM and to
prepare a written asbestos survey report. The survey shall identify and assess
suspect ACM located in all areas that will be breached or otherwise affected by
demolition or renovation activities including, but not limited to, wall
cavities, areas above ceilings and under/between multiple layers of flooring.
Public and private utility owners/operators of underground cement pipes in
their system networks shall comply with the provisions of 310 CMR 7.15(12A)(b)
in lieu of 310 CMR 7.15(4).
(a) The written asbestos survey report shall
describe the demolition or renovation operation to be undertaken and identify
the types, amounts, condition and locations of all ACM present. The written
asbestos survey report shall also include the following:
1. The date(s) of the survey of the
facility;
2. The printed name,
business address, business telephone number, certification number and signature
of the asbestos inspector who conducted the survey and prepared the report;
and
3. A description of the manner
used to determine the sampling locations.
(b) The written asbestos survey report shall
also contain an inventory of the exact locations of the ACM or suspect ACM from
which samples were collected, analytical results of all samples taken, the
date(s) such samples were collected, the name(s) of the persons who provided
asbestos analytical services, and a blueprint, site map, diagram or written
description of the facility and locations(s) thereof subject to demolition or
renovation. This documentation shall clearly identify each location subject to
demolition and/or renovation and the corresponding footage (square and/or
linear) of any ACM or suspect ACM in each location.
(c) Any suspect ACM that is not sampled and
tested for the presence of asbestos must be handled and disposed of as if it
were ACM and must be identified as ACM in the asbestos survey report.
(d) The owner/operator of a facility or
facility component shall maintain a copy of the written asbestos survey report
available at the facility for review by or submittal to the Department upon
request at all times during the asbestos abatement activities and shall
preserve and maintain such report at the facility for at least two years
following the completion of said activities. If the facility is unstaffed or in
the event that the facility is demolished, the owner/operator shall preserve
and maintain the written asbestos survey report at its regular place of
business.
(5)
Removal Requirements. The owner/operator of a facility
or facility component shall:
(a) Remove and
dispose of any ACM in accordance with 310 CMR 7.15, prior to conducting any
demolition and/or any renovation thereof; and
(b) Remove or encapsulate any friable ACM
that has been or will be exposed or created as a result of any demolition or
renovation, in accordance with 310 CMR 7.15(7).
(6)
Notification
Requirements. Unless specifically exempted under the provisions of
310 CMR 7.15(6)(f), or if notification is being made under the terms of an
approved facility blanket notification pursuant to 310 CMR 7.15(6)(j), the
owner/operator of a facility or facility component shall notify the Department
and obtain Department authorization prior to conducting any asbestos abatement
activity, as follows:
(a) Each owner/operator
shall ensure that a fully completed asbestos notification form, including any
applicable fee, is received by the Department at least ten working days prior
to the commencement of the asbestos abatement activity;
(b) An asbestos notification form shall be
deemed accepted by the Department unless the person submitting said asbestos
notification form is notified in writing by the Department of deficiencies in
the asbestos notification form within ten calendar days of the Department's
receipt of said form;
(c) The
Department's acceptance of said asbestos notification form shall constitute the
Department's authorization for the asbestos abatement activity described in the
asbestos notification form to be conducted in compliance with all applicable
provisions of 310 CMR 7.15;
(d) The
start date on the asbestos notification form shall encompass the time required
for set-up of the area where such asbestos abatement activity will occur,
including any pre-cleaning and installation of polyethylene sheeting required
by 310 CMR 7.15(7)(c); and
(e)
Notification shall be made only by use of the Department approved asbestos
notification form, and shall include all required information, be accompanied
by the applicable fee, and be legible. An incomplete or illegible notification
form will not be accepted and any asbestos abatement activity described therein
will not be deemed authorized by the Department or in compliance with 310 CMR
7.15.
(f)
Notification
Exemptions. The following activities shall not be subject to the
notification requirements of 310 CMR 7.15(6)(a) through (e):
1.
Notification Exemption for
Exterior Asbestos-containing Cementitious Shingles, Sidings and
Panels. The removal or disturbance of 100 square feet or less of
exterior asbestos-containing cementitious shingles, sidings and panels,
provided that the applicable requirements of 310 CMR 7.15(12) are
met.
2.
Notification
Exemption for Asbestos Incidental Maintenance Projects or Work.
The removal or disturbance of asbestos-containing floor tile, and asbestos
mastics or asbestos-containing gypsum wallboard/joint compound systems,
provided that the applicable requirements of 310 CMR 7.15(13) are
met.
3.
Notification
Exemption for Owner of Owner-occupied, Single-family Residence.
The owner of an Owner-occupied, Single-family Residence who performs asbestos
abatement activities at the owner's residence involving solely non-friable ACM;
provided that the abatement activity does not cause the non-friable ACM to
become friable ACM and provided that the asbestos abatement activity is not
required to be conducted by a Licensed Contractor pursuant to
453 CMR
6.00: The Removal, Containment or
Encapsulation of Asbestos. This exemption does not apply to the
removal or disturbance of greater than 100 square feet of exterior
asbestos-containing cementitious shingles, siding and
panels.
(g)
Notification Revision Procedures. Notification date
changes shall be made as follows:
1. The
original start date on a notification form that has been submitted to and
accepted by the Department in compliance with 310 CMR 7.15(6)(a) and (b) may be
revised (i.e. moved forward or postponed), and asbestos
abatement activity may start on said revised date provided that a revised
notification form is received and accepted by the Department at least ten
working days prior to the new start date for the asbestos abatement activity
and provided that the revision is properly submitted to and accepted by the
Department prior to the start date for the asbestos abatement activity listed
on the original notification form.
2. If the asbestos abatement activity will
end earlier than the end date listed on the original notification form, the
Department must receive a revised notification form identifying the change no
later than 24 hours prior to the revised end date for the activity. 3. The
asbestos abatement activity end date set forth in the original notification
form may be extended to allow additional time to complete the specific asbestos
abatement activity identified on the original notification. In such cases, the
person who submitted the original notification form shall revise the original
notification form and specify a new end date provided that the end date
specified in the original notification form has not passed.
4. If asbestos abatement activities are not
continuous and will occur at intermittent times within the notified asbestos
abatement work period identified on the notification form, the person who
submitted the original notification shall inform the applicable Department
regional office in writing, via fax, email or hand delivery, of the specific
dates and times when the asbestos abatement activities will suspend and resume.
The person who submitted the original notification form shall provide the
Department with such notice a maximum of 24 hours following suspension of work
and a minimum of 24 hours prior to resuming asbestos abatement
activities.
(h)
Multiple Building Abatements. Separate notification
forms shall be submitted to and accepted by the Department at least ten working
days in advance of any asbestos abatement activity for each building and/or
structure in which asbestos abatement activities will occur.
(i)
Waiver of the Advance
Notification Period.
1. The
Department may approve, at its sole discretion, a waiver of the ten working day
advance notification period under the following circumstances and situations:
a. demolition of a facility under an order of
a state or local government agency issued because the facility is structurally
unsound and in danger of imminent collapse; or
b. an emergency renovation
operation.
2. Requests
for approval of an advance notification waiver shall be made to the applicable
Department regional office.
3. When
approved by the Department, the waiver shall apply only to the ten working day
advance notification period. All other requirements of 310 CMR 7.15 shall
continue to fully apply to asbestos abatement activities for which such
notification waiver has been approved.
4. If the Department approves such a waiver,
the person receiving the waiver shall provide notification regarding all
asbestos abatement activities to the Department on the Department approved
asbestos notification approval form (ANF 001) within 24 hours of commencement
of the asbestos abatement activities, including set-up or on-site preparation
activities.
(j)
Facility Blanket Notification. An owner/operator may
apply to the Department for approval of a blanket notification covering
multiple asbestos abatement projects for limited maintenance projects involving
less than ten linear feet of ACM on pipe or 25 square feet of ACM on other
facility components at a facility; or for large scale planned asbestos
abatement projects at a facility; or for work in individual contiguous utility
system networks owned by public or private utilities involving up to 25 linear
feet of ACM on pipe or up to 60 square feet of ACM on other facility components
at a facility.
1. Blanket notification
applications shall be submitted on Department approved forms, shall include all
required information and any additional information requested by the
Department, shall be accompanied by the appropriate fee, and shall be
legible.
2. Blanket notification
approvals may be granted for a period not to exceed 12 months at the
Department's discretion and when granted the terms of the approval shall be
facility-specific.
3. The
Department's receipt and acceptance of a blanket notification application shall
not constitute approval thereof. The Department will issue a written approval
or denial of the application at its discretion.
4. Individual notifications shall be
submitted to the Department before the start of each project or project segment
thereof conducted under an approved Facility Blanket notification. The approval
of an application for a Facility Blanket notification shall have the effect of
waiving the ten working days advance notification period for each individual
project or project segment conducted under said Facility Blanket approval.
However, each approval of an application for a Facility Blanket notification
shall establish an advance notification period that shall apply to the
individual project(s) or project segment(s) conducted under that specific
approval.
(7)
General Asbestos Abatement Work Practice Standards.
Unless otherwise exempted under 310 CMR 7.15(9), 310 CMR 7.15(10), 310 CMR
7.15(11), 310 CMR 7.15(12) or 310 CMR 7.15(13), the owner/operator of a
facility or facility component where any asbestos abatement activity is
conducted shall ensure that the work practice standards listed below are
followed.
(a)
No Visible
Emissions. No visible emissions shall be discharged to the outside
air during the collection, processing, packaging, or transporting of any ACM or
ACWM.
(b)
Required Use
of Asbestos Contractors. Except as allowed by
453
CMR 6.14(1)(a):
Exception to Licensing Requirement for Entities Conducting Response
Actions in their Own Facilities, only asbestos contractors licensed
pursuant to
453 CMR
6.00: The Removal, Containment or
Encapsulation of Asbestos shall carry out asbestos abatement
activities.
(c) Work Area
Preparation Requirements to prevent emissions to the ambient air.
1.
Shutdown of HVAC
Systems. The facility heating, ventilation and air conditioning
(HVAC) systems in the work area shall be shut down, locked out and
isolated.
2.
Removal of
Moveable Objects. All moveable objects shall be removed from the
work area prior to commencement of asbestos abatement work. Items to be reused
which may have been contaminated with asbestos shall be decontaminated by HEPA
vacuuming or wet cleaning prior to their being removed from the work
area.
3.
Covering of
Non-moveable Objects. All non-moveable or fixed objects remaining
within the work area shall be wrapped or covered with six mil (minimum) plastic
sheeting and completely sealed with duct tape or the equivalent.
4.
Isolation of Work
Area. Prior to the commencement of any asbestos abatement
activity, the work area shall be isolated in accordance with the requirements
of 310 CMR 7.15(7)(c)4. to prevent emissions to the ambient air. The work area
shall be isolated by sealing all openings including, but not limited to,
windows, doors, ventilation openings, drains, grills, and grates with six mil
thick (minimum) plastic sheeting and duct tape or the equivalent. For asbestos
abatement activities defined at 310 CMR 7.15(1), large openings such as open
doorways, elevator doors, and passageways shall be first sealed with solid
construction materials, such as plywood over studding, which shall constitute
the outermost boundary of the asbestos work area. All cracks, seams and
openings in such solid construction materials shall be caulked or otherwise
sealed, so as to prevent the movement of asbestos fibers out of the work
area.
5.
Covering of
Floor and Wall Surfaces. Except as listed in 310 CMR
7.15(7)(c)5.a. through c., floor and wall surfaces shall be covered with
plastic sheeting. All seams and joints shall be sealed with duct tape or the
equivalent. Floor covering shall consist of at least two layers of six mil
thick plastic sheeting, with the edges upturned to cover at least the bottom 12
inches of the adjoining wall(s). Wall covering shall consist of a minimum of
two layers of four mil thick plastic sheeting. Wall covering shall extend from
ceiling to floor and overlap the upturned floor coverings without protruding
onto the floor. Duct tape or the equivalent shall be used to seal the seams in
the plastic sheeting at the wall-to-floor joints.
a.
Exception to Covering
Requirement Where Surfaces Are Impervious. Compliance with 310 CMR
7.15(7)(c)5. is not required where floors and walls are covered by ceramic tile
or other impervious materials that are free from holes, drains, cracks,
fissures or other openings and which may be thoroughly decontaminated by
washing at the conclusion of the work, provided that such action does not
result in the passage of asbestos fibers from the work area.
b.
Exception to Covering
Requirement for Abatement Surfaces. Compliance with 310 CMR
7.15(7)(c)5. is not required for those floor, ceiling and wall surfaces from
which asbestos coverings are removed.
c.
Exception to Wall Surface
Covering Requirement Where Glovebags Are Used. Covering of wall is
optional for asbestos abatement activities where glovebags are used as the sole
means of removal or repair, provided that the work area is isolated in
accordance with 310 CMR 7.15(7)(c)4., that all moveable objects in the work
area are removed in accordance with 310 CMR 7.15(7)(c)2., that immoveable
objects remaining in the work area are covered in accordance with 310 CMR
7.15(7)(c)3., and that all other relevant requirements of 310 CMR 7.15(7)(c)1.
through 4. are met. Where glovebags are used, the floor of the work area shall
be covered with a minimum of one layer of six mil thick plastic
sheeting.
6.
Covering of Ceiling Surfaces. Ceiling surfaces within
the work area shall be covered with a minimum of two layers of four mil thick
plastic sheeting or shall be cleaned and decontaminated by wet wiping and
HEPA-vacuuming in accordance with 310 CMR 7.15(7)(f)4.
(d)
Equipment Decontamination
Requirements. No equipment, supplies or materials (except properly
containerized waste material) shall be removed from an asbestos work area,
unless such equipment, supplies or materials have been thoroughly cleaned and
are free of asbestos debris. Where decontamination is not feasible, such
materials shall be wrapped in a minimum of two layers of six mil thick
polyethylene sheeting with all joints, seams and overlaps sealed with duct tape
or equivalent, or containerized in a metal, plastic or fiber drum with a
locking lid. Said wrapped equipment, supplies or materials shall be labeled as
being ACWM prior to removal from the work area. HEPA vacuums shall be emptied
of contents prior to removal from the work area. Air filtration devices shall
have used pre-filters removed and replaced with fresh filters prior to removal
from the work area. Used HEPA filters and pre-filters shall be disposed of as
ACWM.
(e)
Requirements
for Work Area Ventilation System.
1. A HEPA-filtered work area ventilation
system shall be used to maintain a reduced atmospheric pressure of at least
-0.02 column inches of water pressure differential within the contained work
area.
2. The HEPA system shall be
in operation at all times from the commencement of the asbestos project until
the requirements of 310 CMR 7.15(8) have been met.
3. The ventilation equipment utilized shall
be of sufficient capacity to provide a minimum of four air changes per hour and
shall be equipped with an operating alarm system capable of indicating when the
unit is not working properly, and utilizing a clean filter specified for that
unit and capable of filtering 0.3 micron particles with 99.97 % efficiency.
a. No later than June 20, 2017 the operating
alarm system shall be an audible and visual alarm system capable of indicating
the unit is working properly, and utilizing a clean filter specified for that
unit and capable of filtering 0.3 micron particles with 99.97 %
efficiency.
4. The HEPA
system units shall be operated in accordance with Appendix J of EPA
Guidance Document EPA 560/5-85-024.
5. Make-up air entering the work area shall
pass through the decontamination system.
6. Exhaust air shall be HEPA-filtered before
being discharged outside of the work area.
a.
Exhaust air tubes or ducts associated with the work area ventilation system
shall be free of leaks.
b. Whenever
feasible, exhaust air shall be discharged to the outside of the building. If
access to the outside is not available, exhaust air may be discharged to an
area within the building, but in no case shall exhaust air be discharged into
any occupied areas of the building or into any areas of the building which
contain exposed or damaged asbestos.
7.
Exception to Work Area
Ventilation System Requirement Where Glovebags Are Used.
Compliance with 310 CMR 7.15(7)(e) is not required for asbestos abatement
activities where glovebags are used as the sole means of abatement removal or
repair.
(f)
Removal and Cleanup Requirements. Removal of ACM from
facility components shall be conducted within the work area at the site of
origin as described in 310 CMR 7.15(7)(f)1. through 5.
1.
Wetting of ACM.
Prior to removal, all ACM shall be adequately wetted with amended water.
Amended water shall not be applied in amounts that will cause run-off or
leakage of the water from the work area. Once removed, ACM shall be kept
adequately wet until and after it is placed into containers pursuant to 310 CMR
7.15(15).
2.
Removal of
ACM Being Removed as Units or in Sections. Facility component(s),
covered or coated with ACM, being removed as units or in sections, shall be
adequately wetted, carefully lowered to the floor level as units or sections
and abated within the work area.
3.
Containerization of ACWM. All ACWM within the work
area shall be promptly cleaned up and placed into leak-tight containers as
described in 310 CMR 7.15(7)(f)3.a. through c. Containerized ACWM shall be
removed from the work area at least once per shift and stored in secured,
totally enclosed vehicles or containers that are designed, constructed, and
operated to prevent spills, leaks, or emissions in accordance with 310 CMR
7.15(15) through (17).
a. ACM and ACWM not
containing components with sharp edges shall be containerized in two plastic
bags (six mil minimum thickness each bag, one inside the other) or in
leak-proof metal, plastic or plastic lined drums with locking lids.
b. ACM and ACWM with sharp-edge components
shall be contained in leak-proof metal, plastic or plastic-lined drums with
locking lids or plastic lined boxes.
c. Large components removed intact shall be
wrapped in a minimum of two layers of six mil thick polyethylene sheeting with
all joints and seams sealed with duct tape or equivalent, and labeled as ACWM
prior to removal from the contained work area.
4.
Clean-up.
Following an asbestos abatement activity, all contaminated surfaces within the
work area shall be decontaminated using HEPA-vacuuming or wet cleaning
techniques. All equipment and materials used and all surfaces from which ACM
has been removed shall be decontaminated. An inch of soil shall be removed from
dirt floors and disposed of as ACWM. Clean-up shall be to the level of no
visible debris.
5.
Removal of Work Area Barriers and Work Area Ventilation
Systems. The conditions described in 310 CMR 7.15(7)(f)5.a through
c. shall be maintained until such time as the visual inspection requirements of
310 CMR 7.15(8) are met:
a. all work area
barriers remain in place;
b. work
area ventilation systems (if required) remain in operation; and c. all other
work practice standards established by 310 CMR 7.15 are met.
(8)
Visual Inspection Requirements. With the exception of
the owner of an Owner-occupied, Single-family Residence who performs asbestos
abatement activities at the owner's residence involving solely non-friable ACM,
in addition to the specific asbestos abatement work practice standards set
forth at 310 CMR 7.15(7), upon completion of an asbestos abatement activity,
the owner/operator shall ensure that the following visual inspection procedures
are performed for all asbestos abatement activities. The visual inspection
shall be performed only by an asbestos project monitor. Public and private
utility owners/operators of underground asbestos cement pipes in their system
networks shall comply with the provisions of 310 CMR 7.15(12A)(d) in
lieu of 310 CMR 7.15(8).
(a)
An asbestos project monitor shall inspect all surfaces within the work area for
visible debris.
(b) Should any
visible debris be found in the work area, it shall be repeatedly cleaned by the
asbestos contractor in accordance with 310 CMR 7.15 until there is no visible
debris.
(9)
Requirements for Asbestos Glovebag Operations. The
owner/operator of a facility or facility component where asbestos abatement
activities involving glovebag operations are conducted shall ensure that the
following requirements are met:
(a) For
activities that disturb friable ACM, no visible emissions shall be discharged
to the outside air during the collection, processing, packaging or transporting
of any ACM or ACWM.
(b) Glovebags
shall be used only on those facility components for which they are specifically
designed and they shall not be modified for use on any other type of facility
component. Glovebags shall be constructed of six mil thick (minimum) plastic
sheeting and be seamless at the bottom.
(c) Glovebags shall be used only once and
shall not be moved along the facility component from where they are initially
applied.
(d) The work area shall be
isolated in accordance with 310 CMR 7.15(7)(c)5.c. and cleaned of visible
debris by wet wiping or HEPA-vacuuming prior to installation of the
glovebag.
(e) Glovebags shall be
installed so as to form an airtight covering around the facility components on
which they are to be used. Any friable ACM in the immediate area of glovebag
installation shall be wrapped and sealed in two layers of six mil (0.006 inch)
thick plastic sheeting or otherwise maintained intact prior to glovebag
installation. All openings in the glovebag shall be sealed against leakage with
duct tape or the equivalent material.
(f) ACM shall be adequately wetted with
amended water prior to its removal and shall be maintained in an adequately wet
condition inside the glovebag.
(g)
Any ACM that has been exposed as a result of the glovebag operation shall be
removed, encapsulated or enclosed so as to prevent the leakage of asbestos
fibers prior to the removal of the glovebag.
(h) All surfaces inside the glovebag from
which ACM has been removed and the upper portions of the glovebag itself shall
be cleaned free of visible debris prior to removal of the glovebag.
(i) Debris shall be isolated in the bottom of
the glovebag by twisting the bag so as to form a closure in the middle. This
closure shall then be taped around with duct tape or the equivalent. Air in the
glovebag shall be exhausted with a HEPA vacuum cleaner prior to its
removal.
(j) Following removal from
the facility component, the glovebag and its contents shall be containerized in
accordance with 310 CMR 7.15(15) and 310 CMR 19.000: Solid Waste
Management.
(10)
Requirements for the Removal of Asbestos-containing Asphaltic
Roofing and Siding Materials.
(a) If the requirements of 310 CMR 7.15(10)
are followed, asbestos-containing asphaltic roofing and siding may be disposed
of in any landfill permitted by the Department to accept solid waste pursuant
to 310 CMR 19.000: Solid Waste Management. If the
asbestos-containing asphaltic roofing and siding are not handled in accordance
with 310 CMR 7.15(10) or if the Department has determined that asbestos fibers
may be released during handling, removal or disposal, then the materials shall
be disposed of in a landfill that has obtained a special waste permit to accept
asbestos wastes or is managing such wastes in accordance with
310 CMR 19.061:
Special Waste.
(b)
Roof level heating and ventilation air intakes shall be isolated by covering
the intakes with six mil thickness plastic sheeting prior to the start of the
removal work.
(c) Asphaltic
shingles and felts shall be removed intact to the greatest extent
feasible.
(d) Asphaltic shingles
and felts that are not intact, or will be rendered non-intact, shall be
adequately wet during removal.
(e)
Where cutting machines are used in the removal of asphaltic shingles and felts,
said cutting machines shall be equipped with a HEPA vacuum to capture dust
produced by the cutting process. Cutting machines that are not equipped with a
HEPA vacuum to capture dust produced by the cutting process shall only be used
inside a work area for which containment sufficient to prevent visible
emissions of fugitive dust to the ambient air has been established.
(f) Where cutting machines are used in the
removal of asphaltic shingles and felts, the material shall be adequately
wetted throughout the cutting process.
(g) Dust produced by power roof cutters
operating on aggregate surfaces shall be removed by HEPA-vacuuming. Dust
produced by power roof cutters operating on non-aggregate, smooth surfaces
shall be removed by HEPA-vacuuming or wet wiping along the cut line.
(h) Asbestos-containing shingles or felts
shall not be dropped or thrown to the ground. Unless the material is carried or
passed to the ground by hand, it shall be lowered to the ground by crane or
hoist or transferred in dust-tight chutes.
(i) Intact asphaltic shingles and felts shall
be lowered to the ground prior to the end of each work shift. Non-intact
asphaltic shingles and felts shall be kept adequately wet at all times while on
the roof. Non-intact asphaltic shingles and felts shall be placed in an
impermeable waste bag (six mil thickness) or wrapped in plastic sheeting
(minimum six mil thickness), sealed with duct tape or the equivalent and
lowered to the ground prior to the end of each work shift.
(j) For activities that disturb friable ACM,
no visible emissions shall be discharged to the outside air during the
collection, processing, packaging or transporting of any ACM or ACWM.
(11)
Requirements for
Window Painting and/or Repair Work That Result in the Disturbance of
Asbestos-containing Glazing and/or Caulking Compounds.
(a) A work area defined at 310 CMR 7.15(1)
shall be established that extends outward from the exterior side of the
building or facility where the window painting and/or repair work that will
result in disturbance of asbestos-containing glazing and/or caulking compounds
is to take place. Said work area shall be large enough to encompass all areas
where dust, debris or waste generated during the operation are expected to
accumulate and areas where there is a reasonable possibility that airborne
levels of asbestos could be elevated, as well as any area occupied by
equipment.
(b) Windows, doors and
other openings on the side of the building where the window repair/painting
work that will result in disturbance of asbestos-containing glazing and/or
caulking compounds is occurring shall be closed while the work is occurring and
air conditioners on the same side of the building shall be turned
off.
(c) Tarpaulin or plastic
sheeting shall be spread on the ground under the window(s) being painted or
repaired. Said tarpaulin or plastic sheeting shall extend away from the edge of
the building and to either side of the work area a sufficient distance to catch
any debris generated by the work operation. Tarpaulin or sheeting shall be
cleaned of accumulated debris no later than the end of each work
shift.
(d) If the entire sash is to
be removed during painting or repair operations, window openings shall be
sealed on the inside of the building with six mil thickness polyethylene
sheeting in a manner sufficient to prevent leakage of dust or debris to
interior spaces. Where less than an entire sash is to be replaced, covering and
sealing of interior surfaces of the sash that encompasses the area of the panes
being worked on may be performed in lieu of sealing the entire
sash.
(e) Prior to commencing
removal or repair of asbestos-containing glazing compound or caulk, the
exterior and interior window well and sash areas shall be pre-cleaned by
HEPA-vacuuming and/or wet wiping.
(f) Asbestos-containing glazing compound and
caulk shall be adequately wet with amended water prior to removal or repair.
All pieces or particles of glazing compound and caulk shall be removed using a
HEPA vacuum and/or using a wet wipe collection method.
(g) The work area, including ground covers
and equipment, shall be cleaned of visible debris at the end of each
workday.
(h) Upon completion of the
removal of the asbestos-containing glazing compound and/or caulk, the sash and
sill areas shall again be cleaned by HEPA-vacuuming and/or wiped with a wet
sponge or cloth. Polyethylene sheeting (where used) shall be removed from the
interior of the window and disposed of as ACWM in accordance with 310 CMR
7.15(15) through (18), and the window well shall be cleaned by HEPA-vacuuming
and/or wet wiping.
(i) All
equipment utilized in the work operation shall be cleaned of visible dust and
debris by HEPA-vacuuming and/or wet wiping prior to removal from the work area.
Wet wipes shall be managed as ACWM.
(j) The tarpaulin or plastic sheeting below
the window(s) shall be cleaned of visible dust and debris by HEPA-vacuuming
and/or wet wiping. Dry sweeping shall not be allowed. Ground covers that are
free of visible debris and dust may be reused or disposed as solid waste in
accordance with 310 CMR 19.000: Solid Waste
Management.
(k) Barrier
tape may be disposed as solid waste in accordance with 310 CMR 19.000:
Solid Waste Management.
(l) If disposable protective clothing is
used, it shall be disposed as ACWM in accordance with 310 CMR 7.15(15) through
(18).
(m) Wetted window caulking
and glazing and other ACM shall be collected and sealed into a six mil plastic
bag that is placed in a leak-tight container for disposal as ACWM in accordance
with 310 CMR 7.15(15) through (18).
(n) If an entire sash is to be removed and
disposed of as ACWM, then the adequately wetted sash shall be removed intact,
wrapped in a minimum of two layers of six mil thick polyethylene sheeting with
all joints and seams sealed with duct tape.
(o) At the conclusion of the work, the work
site shall be inspected for paint dust or chip debris and asbestos-containing
glazing compound or caulk. The work area shall be re-cleaned until no such
debris is found.
(p) All waste
shall be labeled as ACWM prior to removal from the work area.
(q) Visual inspection of the work area
required by 310 CMR 7.15(8) shall be conducted by a person who has completed
the asbestos operations and maintenance projects worker training specified in
453 CMR
6.00: The Removal, Containment or
Encapsulation of Asbestos.
(r) For activities that disturb friable ACM,
no visible emissions shall be discharged to the outside air during the
collection, processing, packaging, or transporting of any ACM or
ACWM.
(12)
Requirements for Exterior Asbestos-containing Cementitious
Shingles, Siding and Panels.
(a)
Asbestos cement shingles, siding and panels shall not be broken, sanded, sawed
or drilled at any time during removal or subsequent handling.
(b) Tarpaulin or plastic sheeting shall be
spread on the ground under the areas where the shingles, siding or panels are
being removed. Said tarpaulin or plastic sheeting shall extend away from the
edge of the building and to either side of the work area a sufficient distance
to catch any debris generated by the work operation. Tarpaulin or sheeting
shall be cleaned of accumulated debris no later than the end of each work
shift.
(c) Openings on the side of
the building where the asbestos abatement activities are taking place shall be
closed or sealed with polyethylene sheeting and duct taped in a manner
sufficient to prevent leakage of dust or debris to interior spaces.
(d) Nails securing shingles shall be cut or
pulled to allow intact shingle removal. Cementitious asbestos-containing
shingles, siding and panels shall be removed whole and intact to the greatest
extent feasible. Methods likely to break shingles, siding or panels during
removal shall not be used.
(e) Each
panel, siding or shingle shall be adequately wetted with amended water prior to
removal.
(f) Shingles, siding or
panels shall be carefully lowered to the ground in a manner to avoid
breakage.
(g) Removed shingles,
siding or panels and associated debris shall be containerized in leak-proof
metal, plastic or plastic-lined drums or boxes or wrapped with double thickness
plastic sheeting (six mil minimum thickness each layer) sealed with duct tape
no later than the end of each work shift.
(h) Uncontained asbestos cement shingles,
siding or panels shall not be bulk loaded into a truck, dumpster or trailer for
storage, transport or disposal.
(i)
For activities that disturb friable ACM, no visible emissions shall be
discharged to the outside air during the collection, processing, packaging or
transporting of any ACM or ACWM.
(12A)
Requirements for
Underground Asbestos-cement Pipe.
(a)
Applicability.
1. The requirements of 310 CMR 7.15(12A)(b)
and (d) shall apply only to repair and replacement of underground
asbestos-cement pipe that is owned and/or operated by public and private
utilities (
e.g., pipes conveying drinking water, sanitary
sewage, storm water, electricity, and gas). Repair and replacement of all other
underground cement pipe shall comply with the survey requirements at 310 CMR
7.15(4) and the visual inspection requirements of 310 CMR 7.15(8) if the pipe
is found to be ACM.
a. Public and private
utility owners/operators of underground asbestos-cement pipe covered by 310 CMR
7.15(12A) shall comply with all the requirements of 310 CMR 7.15(12A)(b) in
lieu of 310 CMR 7.15(4), Survey Requirements.
b. Public and private utility
owners/operators of underground asbestos-cement pipe shall comply with all the
requirements of 310 CMR 7.15(12A)(d) in lieu of 310 CMR
7.15(8), Visual Inspection Requirements.
2. All owners/operators shall comply with all
the requirements of 310 CMR 7.15(12A)(c) in lieu of 310 CMR
7.15(7)(c) and (e), General Asbestos Abatement Work Practice Standards, when
conducting asbestos abatement activity involving underground asbestos-cement
pipe.
3. All owners/operators shall
comply with all other requirements of 310 CMR 7.15 when conducting asbestos
abatement activity involving underground asbestos-cement pipe.
(b)
SURVEY.
1. The public
and private utility owner/operator shall thoroughly inspect the facility,
facility component or any part thereof where the demolition or renovation will
occur, to identify the presence, location and amount of any asbestos-cement
pipe. If the pipe is not identified as asbestos-cement pipe, the owner/operator
shall comply with 310 CMR 7.15(4). The thorough inspection shall be satisfied
by one of the following:
a. As-built plans or
other documents, reviewed by the owner/operator, identifying whether particular
underground cement pipe or parts thereof that may be affected by a repair or
replacement project is asbestos-cement pipe, provided that the documentation
has been updated to reflect any repairs or alterations; or
b. Visual identification conducted by a
person who meets the requirements of 310 CMR 7.15(12A)(b)2. through their field
observations of the underground asbestos-cement pipe to be worked on including,
but not limited to, the manufacturer's brand-label markings indicating transite
material or the source of the pipe; or
c. A presumption by the owner/operator that
the underground cement pipe is asbestos-cement pipe.
2. The survey in 310 CMR 7.15(12A)(b)1.b.
shall be conducted by a person who has successfully completed a training course
that has been approved in writing by the Department of Labor Standards, that
specifically addresses, at a minimum, underground asbestos-cement pipe and the
survey requirements in 310 CMR 7.15(12A)(b).
3. The person conducting the survey shall
document in writing, in a format prescribed by the Department, the method used
to determine whether the cement pipe to be worked on is an ACM including, but
not limited to, identification of specific documents, the specific features of
the pipe that were visually observed and/or other information that was relied
upon to make said determination. Owners/operators shall keep such documentation
at their regular place of business for two years from the date of the survey
and provide it to the Department upon request.
(c)
Specific Work Practice
Requirements for Underground Asbestos-cement Pipe. Owners/
operators shall ensure the work practice standards listed below are followed:
1. Asbestos-cement pipe shall be handled in a
manner that will minimize the risk of making it friable ACM or releasing
asbestos dust into the environment.
2. At the start of work involving
asbestos-cement pipe, owners/operators shall ensure that:
a. The asbestos-cement pipe shall be exposed
with minimal disturbance.
b.
Mechanical excavation shall not be used within six inches of the
asbestos-cement pipe.
c. The soil
within six inches of the asbestos-cement pipe shall be uncovered by hand or
with a shovel.
d. Once the pipe has
been exposed, an assessment shall be made before proceeding to determine
whether the asbestos-cement pipe is damaged, cracked or broken to determine
whether the requirements of 310 CMR 7.15(12A)(c)3. or 4. apply to the asbestos
abatement activity.
3. If
the assessment shows that the asbestos-cement pipe is intact and not
deteriorated:
a. Place six mil (0.006 inch)
thick polyethylene sheeting under the asbestos-cement pipe to prevent soil
contamination.
Adequately wet the asbestos-cement pipe with amended water
using surfactant or liquid soap before and during removal to avoid creating
airborne dust.
b. Separate
the asbestos-cement pipe at the nearest coupling (bell or compression
fitting).
c. Slide the
asbestos-cement pipe apart at the joints (no saw cutting) or use other methods
that do not cause the asbestos-cement pipe to break, become friable ACM or
otherwise create the potential to release asbestos fibers.
d. Containerizing the wet asbestos-cement
pipe and other debris from the abatement in accordance with 310 CMR
7.15(7)(f)(3) may be done in the trench or adjacent to the trench.
e. If the trench is filled with water, the
placement of polyethylene sheeting is not required.
4. If the asbestos-cement pipe is
deteriorated or is not intact, or when the use of mechanical breakage with
saws, snap or blade cutting, and/or tapping is necessary:
a. Place six mil (0.006 inch) thick
polyethylene sheeting under the asbestos-cement pipe to prevent soil
contamination.
b. Adequately wet
asbestos-cement pipe with amended water where cutting or breaking will
occur.
c. Saw cutting of
asbestos-cement pipe shall only be conducted with a HEPA-shrouded vacuum
attachment or wet cutting equipment, unless it is conducted within a small
enclosure that isolates the area in which the saw cutting is being conducted to
prevent the release of asbestos fibers to ambient air.
d. Wrap wet asbestos-cement pipe in two
layers of six mil polyethylene sheeting, seal with duct tape and label (this
may be done either in the trench or adjacent to the trench).
5. For activities that disturb
friable ACM, no visible emissions shall be discharged to the outside air during
the collection, processing, packaging or transporting of any ACM or
ACWM.
(d)
Visual Inspection. The final visual inspection shall
be satisfied by complying with the following requirements:
1. The visual inspection shall be performed
by a person who has successfully completed a training course, approved in
writing by the Department of Labor Standards, that specifically addresses, at a
minimum, underground asbestos-cement pipe and the requirements of the visual
inspection in 310 CMR 7.15(12A)(d).
2. The person conducting the final visual
inspection shall:
a. Inspect the work area to
ensure there was no visible debris remaining:
i. In the excavation trench;
ii. In soil excavated from the
trench;
iii. In the surrounding
area adjacent to the trench after the removal of the asbestos-cement pipe, and
iv. On any tools used during the removal/repair/replacement
activities.
b. Ensure
that all ACWM has been removed for proper storage/disposal.
3. The person who conducted the
final visual inspection shall sign and date the documentation of the final
inspection, in a format provided by the Department, as evidence that the
inspection was performed and that the condition of "no remaining visible
debris" was met. Owners/operators shall keep such documentation at their
regular place of business for two years from the date of final visual
inspection and provide it to the Department upon request.
(13)
Work Practice
Standards for Asbestos Incidental Maintenance Projects or Work.
The owner/operator of a facility or facility component where an incidental
maintenance project or work is conducted, as defined by 310 CMR 7.15(1),
involving the removal or disturbance of asbestos-containing floor tile, or
asbestos-containing gypsum wallboard/joint compound systems shall ensure that
the following general work practice standards are met.
(a)
General Work Practice
Standards for Incidental Maintenance Projects or Work.
1. Barriers shall be constructed, as
necessary, to insure that asbestos-containing dust released during work
activities is contained within the work area. Glove bags, HEPA-shrouded tools
and mini-enclosures are permitted in lieu of constructed
barriers.
2. ACM shall be
adequately wetted with amended water before it is disturbed, and it shall be
kept adequately wet throughout the asbestos abatement activities until
containerized in accordance with 310 CMR 7.15(7)(f)3.
3. Where ACM is being removed, it shall be
removed in an intact state to the greatest extent feasible.
4. Where power tools are used to cut, chip or
abrade an ACM, said power tools shall be equipped with HEPA-filtered local
exhaust attachments specifically manufactured for the tools being
used.
5. Any friable ACM exposed as
a result of the asbestos abatement activities shall be removed or, if in
suitable condition, encapsulated.
6. HEPA-vacuuming or wet cleaning shall be
used to decontaminate the work area and any equipment used in the work
operation until all surfaces are free of visible debris. The use of compressed
air or dry-sweeping is prohibited.
7. HEPA vacuums shall be emptied and
decontaminated in accordance with 310 CMR 7.15(7)(d).
8. All surfaces within the work area shall be
visually inspected for dust, debris and other particulates residue in
accordance with 310 CMR 7.15(8). The work area shall be repeatedly cleaned
until there is no visible debris.
(b)
Requirements for the Removal
of Asbestos Floor Tile as Incidental Maintenance Projects or Work
. Any person conducting an incidental maintenance project or work involving the
removal of floor tile and related mastics shall presume that said materials
contain asbestos, unless the results from an asbestos bulk analysis or
manufacturer's specifications indicate otherwise.
1.
General
Requirements:
a. Asbestos floor
tile and related mastics being removed shall not be sanded, dry-swept,
dry-scraped, drilled, sawed, abrasive-blasted, mechanically chipped or
pulverized during said removal work.
b. All furniture and other movable objects
shall be removed from the work area before removal begins. All non-movable
objects in the work area shall be wrapped or covered with four mil (0.004 inch
minimum) plastic sheeting. Plastic sheet coverings shall be completely sealed
with duct tape or the equivalent.
c. The entire floor surface from which
asbestos floor tile is to be removed shall be vacuumed with a HEPA vacuum prior
to removal of the floor tile.
2.
Specific Requirements for
Removal of Asbestos Floor Tile. In addition to the General
Requirements of 310 CMR 7.15(13)(b)1., the following specific requirements for
the removal of asbestos floor tile shall also be followed:
a. Floor tiles shall be adequately wetted
with amended water prior to removal and kept adequately wet throughout the
removal process.
b. Floor tiles
shall be individually removed by prying upward with hand scrapers or similar
hand-held tools in a manner which minimizes breakage. Removal with spud-bars,
ice scrapers or similar implements is prohibited. Where tiles do not readily
release from underlying mastic, the removal tool may be struck with a hammer to
facilitate release. Floor tiles shall be removed in an intact state to the
extent feasible.
c. Tile surfaces
may be heated with a heat gun or other heat source to soften the adhesive and
facilitate tile removal. Where heat is used to facilitate removal, the wetting
of tile specified in 310 CMR 7.15(13)(b)2.a. may be delayed until after release
of the tile from the floor surface.
d. Removed floor tiles and ACWM within the
work area shall be promptly cleaned up and containerized while still adequately
wet. Containerized ACM shall be removed from the work area at least once each
working shift. Waste not containing components with sharp edges shall be
containerized in two plastic bags (six mil minimum thickness each bag, one
inside the other) or in metal, plastic or fiber drums with locking lids. Floor
tile with sharp edges and sharp-edged components likely to puncture the plastic
bags specified above shall be contained in leak-proof metal, plastic or plastic
lined drums or boxes.
e. Following
containerization of floor tile and associated debris, the floor surface shall
be HEPA-vacuumed while still wet and then allowed to dry.
f. Immediately after drying, the floor
surface shall be HEPA-vacuumed again before the visual inspection required by
310 CMR 7.15(8) is performed.
(c)
Specific Requirements for the
Removal or Repair of Asbestos-containing Gypsum Wallboard and/or Joint
Compound. Any person conducting an incidental maintenance project
or work involving the removal of gypsum wallboard and/or joint compound shall
presume that said materials contain asbestos unless the results from an
asbestos bulk analysis or manufacturer's specifications indicate otherwise.
1. Where removal of sections of gypsum
wallboard and/or joint compound is required, said sections shall be removed
intact to the greatest extent feasible.
2. Where gypsum wallboard and/or joint
compound must be cut to allow removal or refitting of sections, only the
minimum number of cuts necessary to accomplish said removal or refitting shall
be permitted.
3. Manually-operated
tools or power tools fitted with HEPA-filtered vacuum attachments shall be used
for the cutting or resurfacing of asbestos-containing gypsum wallboard and/or
joint compound.
4. Where
manually-operated tools are used for the cutting or resurfacing of gypsum
wallboard and/or joint compound, the area being cut shall be adequately wetted
with amended water during the cutting operation.
5. Dry sanding of asbestos-containing gypsum
wallboard and/or joint compound during refinishing operations is prohibited;
only wet sanding is permitted.
6.
Where holes of 1/2 inch or less in diameter are to be drilled through
asbestos gypsum wallboard and/or joint compound, the area encompassing the hole
shall be covered with a sufficient quantity of shaving foam to catch the
generated chips and dust. Where holes of greater than 1/2 inch are to be
drilled, the area being drilled shall be adequately wetted with amended water
during the drilling operation.
(14)
Nontraditional Asbestos
Abatement Work Practice Approvals.
(a) A person may apply to the Department to
utilize Nontraditional Asbestos Abatement Work Practices that result in the
need to deviate from section(s) of 310 CMR 7.15 if one or more of the following
circumstances or situations occur:
1.
Demolition of a facility under an order of a state or local government agency
issued because the facility is structurally unsound and in danger of imminent
collapse;
2. Where ACM or ACWM was
not accessible for testing and was, therefore, not discovered until after
demolition began and, as a result of the demolition, the material cannot be
safely removed;
3. Where asbestos
abatement activity is conducted as part of an emergency renovation
operation;
4. Where asbestos
abatement activity is conducted to clean up and decontaminate a facility or
portion of a facility as a result of:
a.
asbestos abatement activities not conducted in compliance with 310 CMR 7.15, or
b. ACM deterioration that, if not
immediately attended to, presents a safety or public health hazard;
5. For a facility that is being
renovated, where wetting would unavoidably damage equipment or present a safety
hazard; or
6. Bulk loading ACM
and/or ACWM.
(b) A
Nontraditional Asbestos Abatement Work Practice Approval, if granted, shall
apply to a specific facility or facility component and shall be
nontransferable.
(c) The Department
shall, in its sole discretion, only grant a Nontraditional Asbestos Abatement
Work Practice Approval, to the extent and for the duration of time during which
the Department is persuaded that the activities allowed by the approval will:
1. result in no discharge of visible
emissions to the outside air;
2.
keep ACM and ACWM adequately wet until it is placed and sealed into containers
pursuant to 310 CMR 7.15(15);
3.
comply with all other applicable requirements of 310 CMR 7.15; and
4. be consistent with the requirements of the
laws and regulations cited in 310 CMR 7.15(2)(b).
(d) Any person applying for a Nontraditional
Asbestos Abatement Work Practice Approval shall submit an application to the
Department on a Department approved form. The application shall include:
1. a description of the need and
justification for each requirement of 310 CMR 7.15 for which a deviation is
sought;
2. a description of each
nontraditional work practice proposed;
3. a demonstration that the deviations from
310 CMR 7.15 and alternatives proposed will not cause any visible emissions to
the outside air and will not pose significant risk to public health, safety or
the environment;
4. all required
information specified in the application form; and
5. any additional information requested by
the Department.
(e) The
application shall be accompanied by the applicable fee and shall be legible. An
incomplete or illegible application will not be accepted or approved and shall
not constitute compliance with 310 CMR 7.15.
(15)
Asbestos-containing Waste
Material Packaging Requirements. The owner/operator of a facility
or facility component where any asbestos abatement activity is conducted shall
comply with the following:
(a) Adequately wet
ACWM obtained from air cleaning equipment or from removal operations.
(b) While adequately wet, containerize and
seal the ACWM in leak-tight containers.
(c) Label the containers with the following
information printed in letters of sufficient size and contrast so as to be
readily visible and legible:
DANGER
CONTAINS ASBESTOS FIBERS
MAY CAUSE CANCER
CAUSES DAMAGE TO LUNGS
DO NOT BREATHE DUST
AVOID CREATING DUST
Prior to June 1, 2015, the containers may be labeled with the
following information in lieu of the labeling requirements
above:
DANGER
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
CANCER AND LUNG DISEASE HAZARD
(d) In addition to the warning label
requirement specified in 310 CMR 7.15(15)(c), each individual container and/or
package of ACWM shall be labeled prior to being transported off the site of
generation with the name of the waste generator, the location at which the
waste was generated, and the date of generation.
(e) Bulk-loading of ACWM is not permitted
without the Department's prior approval of a Nontraditional Asbestos Abatement
Work Practice Application.
(16)
Asbestos-containing Waste
Material Transport Requirements.
(a) All ACWM shall be containerized pursuant
to 310 CMR 7.15(15) prior to being transported.
(b) All ACWM shall be transported in totally
enclosed vehicles or containers that are designed, constructed, and operated to
prevent spills, leaks, or emissions.
(c) All ACWM shall be transported in
conformance with 40 CFR Part 61 and applicable US Department of Transportation,
OSHA and state and local regulations.
(17)
Asbestos-containing Waste
Material Storage and Disposal Requirements.
(a) The owner/operator of a facility or
facility component where any asbestos abatement activity is conducted shall
ensure that all ACWM generated from any asbestos abatement activity is properly
disposed of at a landfill approved to accept such material. If within
Massachusetts, such sites must be operated in accordance with 310 CMR 19.000:
Solid Waste Management. If outside Massachusetts, such sites
must be operated in accordance with applicable state and federal asbestos and
landfill laws and regulations of the receiving state.
(b) ACWM shall be stored only at:
1. A location that is an approved refuse
transfer station facility permitted or that is managing such wastes in
accordance with
310 CMR 19.061:
Special Waste; and/or
2. The site of generation of the ACWM while
the asbestos abatement activity is ongoing and for up to 30 calendar days after
completion of the asbestos abatement activity and the visual inspection
requirements of 310 CMR 7.15(8) are met.
(c) No person shall dispose of ACWM at a
location that is not a landfill approved to accept such material. If within
Massachusetts, such sites must be operated in accordance with 310 CMR 19.000:
Solid Waste Management. If outside Massachusetts, such sites
must be operated in accordance with applicable state and federal asbestos and
landfill laws and regulations of the receiving state.
(d) Intact and unbroken vinyl asbestos tile
that is not coated with asbestos-containing mastic may be disposed of in any
landfill permitted by the Department to accept solid waste pursuant to 310 CMR
19.000: Solid Waste Management.
(18)
Waste Shipment Records and
Reports.
(a) All ACWM shall be
shipped via asbestos waste shipment records on a Department approved form that
includes, but is not limited to, the following information:
1. The name, address and telephone number of
the owner/operator of the facility or dumping ground where asbestos abatement
activities have occurred;
2. The
quantity and type (friable or non-friable) of the ACWM in cubic meters (cubic
yards) and a description of the container used for shipment;
3. The name, address and telephone number of
the person who conducted any asbestos abatement activity;
4. The name and telephone number of the
disposal site operator;
5. The name
and physical location of the disposal site;
6. The date transported;
7. The name, address, and telephone number of
the transporter(s);
8.
Certification by the owner/operator of the facility or dumping ground where
asbestos abatement activities have occurred/where asbestos waste was generated
that the contents of each shipment have been characterized, packaged, marked
and labeled in accordance with 310 CMR 7.15;
9. Signature of each transporter confirming
the contents of each shipment are in all respects in the proper condition for
transport according to applicable international, federal, state and local
regulations;
10. Signature by the
receiving disposal facility confirming that:
a. the quantity of ACWM listed on the waste
shipment record is the same as the quantity accepted for disposal; and
b. it holds appropriate permits
and/or authorizations to accept for disposal ACWM described on waste shipment
records; and
11. Such
other information as the Department requires.
(b) If a copy of the waste shipment record,
signed by the owner/operator of the designated disposal site, is not received
by the owner/operator of the facility or dumping ground where asbestos
abatement activities have occurred/where the ACWM was generated within 35 days
of the date the waste leaves the site of origin, the owner/operator of the
facility or dumping ground where the asbestos abatement activities have
occurred and/or where the ACWM was generated shall contact the transporter
and/or operator of the designated disposal site to determine the status of the
waste shipment.
(c) The
owner/operator of the facility or dumping ground where the asbestos abatement
activities have occurred and/or where the ACWM was generated shall report, in
writing, to the Department if a copy of the waste shipment record, signed by
the owner/operator of the designated waste disposal site, is not received by
the owner/operator of the facility or dumping ground where the asbestos
abatement activities have occurred and/or where the ACWM was generated within
45 days of the date the waste was accepted by the initial transporter. The
report shall include the following information:
1. A copy of the waste shipment record for
which a confirmation of delivery was not received; and
2. A cover letter signed by the
owner/operator of the facility or dumping ground explaining the efforts taken
to locate the asbestos waste shipment records in accordance with 310 CMR 7.15.
Compliance with the foregoing reporting requirements shall not be construed to
relieve the owner/operator of the facility or dumping ground of the obligation
to maintain waste shipment records in accordance with 310 CMR 7.15.
(d) The owner/operator of the
facility or dumping ground where the asbestos abatement activities have
occurred and/or where the ACWM was generated shall report, in writing, to the
Department if the waste shipment record is modified after the date the waste is
accepted by the initial transporter. The report shall include a description of
the amendment or modification together with copies of the waste shipment record
before and after amendment or modification.
(e) The owner/operator of the facility or
dumping ground where the asbestos abatement activities have occurred and/or
where the ACWM was generated, the transporter, and the owner/operator of the
designated waste disposal site shall retain a copy of all waste shipment
records, including a copy of the waste shipment record signed by the
owner/operator of the designated waste disposal site, for at least two years.
All such parties shall furnish upon request, and make available for inspection
by Department personnel, all records required under 310 CMR 7.15(18).
(19)
General
Enforcement Provisions. In addition to the Department's
enforcement authority under M.G.L. c. 111, §§ 142A through O, M.G.L.
c. 21A § 16 and other applicable laws and regulations, the provisions of
310 CMR 7.15 are subject to the enforcement provisions of
310 CMR
7.52.
