Current through Register 1531, September 27, 2024
(1)
Scope of Services. Businesses or persons who provide,
engage in or work at the business of providing Asbestos Analytical Services
must be duly certified pursuant to
454
CMR 28.06 prior to engaging in such work and
must otherwise comply with the requirements of
454
CMR 28.06. Certified Asbestos Analytical
Services may only engage in and provide those services for which they are
certified. Separate certification is granted for each class of Asbestos
Analytical Service, as set forth at
454
CmR 28.06(2)(a) through
(d).
(2) Applicants for certification as providers
of Asbestos Analytical Services shall receive separate approval to provide the
services listed at
454
CMR 28.06(2)(a) through (d).
(a) Class A Certification holders shall be
authorized to use polarized light microscopy (PLM) for the analysis of bulk
asbestos samples originating in all facilities and locations subject to the
requirements of454 CMR
28.00, including school buildings and other facilities
subject to the requirements of MA AHERA
454
CMR 28.13.
(b) Class B Certification holders shall be
authorized to use polarized light microscopy (PLM) for the analysis of bulk
asbestos samples originating in all facilities and locations subject to the
requirements of 454 CMR 28.00, except school buildings and other facilities
subject to the requirements of MA AHERA 454 CMR 28.13.
(c) Class C Certification holders shall be
authorized to use phase contrast microscopy (PCM) for the analysis of air
samples originating in all facilities and locations subject to the requirements
of 454 CMR 28.00, including school buildings and other facilities subject to
the requirements of MA AHERA 454 CMR 28.13.
(d) Class D Certification holders shall be
authorized to use transmission electron microscopy (TEM) for the analysis of
air and bulk asbestos samples originating in all facilities and locations
subject to the requirements of 454 CMR 28.00, including school buildings and
other facilities subject to the requirements of MA AHERA 454 CMR
28.13.
(3)
Application for Certification as a Provider of Asbestos Analytical
Services. Applicants for certification as providers of Analytical
Services shall submit the following to the Director:
(a) A completed application form with
attachments as prescribed by the Director, which shall, at a minimum, include
the following:
1. A list of all names,
acronyms or other identifiers by which the applicant does or has done business,
and the address(es) and telephone number(s) of the business.
2. The type(s) of approval/certification
listed at 454 CMR 28.06(2)(a) through (d) for which the applicant is
applying.
3. A list of the states
in which the applicant holds, or has held, a license or certification,
accreditation, or other approval for Asbestos Analytical Services.
4. Corporate Articles of Organization and a
Certificate of Good Standing issued by the Massachusetts Secretary of the
Commonwealth or a business certificate, if applicable, for the Asbestos
Analytical Service of the applicant issued by the city or town where the
business is located.
5. A certified
and notarized statement by a Responsible Person of the applicant that the
applicant has paid all tax obligations current and due to the Commonwealth as
of the date of application.
6. A
certificate of insurance or a letter of binder from an insurance carrier
indicating that the work to be performed by the applicant is covered by a
current workers' compensation policy or self-insurance program acceptable to
the Commonwealth or a notarized statement that the Asbestos Analytical Service
has no employees.
7. A list of all
citations or notices of violation relating to occupational health and safety
and environmental protection, including notices of noncompliance, notices of
responsibility, notices of intent to assess an administrative penalty, orders,
consent orders and court judgments, received by the Responsible Persons of the
applicant in the five years prior to the date of application, and the issuing
agency or department and final disposition of such citation or
notice.
8. A list of the names and
addresses of all persons designated as Asbestos Analytical Service Supervisors
of the Asbestos Analytical Service pursuant to 454 CMR 28.06(4)(a) and
(b).
9. A listing of all
Responsible Persons and employees of the applicant who will be performing
asbestos analysis.
10. Legible
copies of certificates of training or other training records for all persons
listed at 454 CMR 28.06(3)(a)8., indicating that each such person has fulfilled
the applicable asbestos analytical training required by 454 CMR
28.06(5)(d).
(b) A copy
of the laboratory standard operating procedures manual for asbestos analysis
performed by the applicant, which shall minimally include:
1. Copies of all applicable analytical
protocols and procedures referenced at 454 CMR 28.06(6);
2. An inventory of the analytical equipment
used by the applicant, with a description of associated equipment calibration
and maintenance procedures and schedules;
3. A description of chain of custody
procedures, including handling, storage and disposal procedures for asbestos
samples; and
4. A description of
the quality control procedures and programs utilized by the
applicant.
(c) Results
indicating proficiency in the two most recent rounds of the applicable quality
control program(s) required by 454 CMR 28.06(5). Documentation shall be in the
form of legible copies of official correspondence or certificates from the
provider of the applicable quality control program. Applicants from within the
Commonwealth seeking Certification as Class B or Class C Analytical Service
Provider may submit the single most recent quality control round result, but
their Certification and approval pursuant to 454 CMR 28.06(2) may be contingent
upon the results of a laboratory inspection at the discretion of the
Director.
(d) A fee payable to the
Commonwealth of Massachusetts in the amount of the entire annual fee
established for such Certification by M.G.L. c. 7, § 3B, plus any
applicable surcharges. An applicant that is concomitantly applying for a
Certification as an Asbestos Consulting Firm pursuant to 454 CMR 28.07 need
only pay one fee. A schedule of asbestos and lead licensing fees and surcharges
is available from any Department office upon request. If the Director denies,
revokes, suspends or refuses to renew a Certification for reasons specified in
454 CMR 28.16, the fee payment is not refundable.
(e) Such other information as the Director
may reasonably require.
(4)
Renewal of an Asbestos
Analytical Service Certification. A Certification issued by the
Department to an Analytical Service Provider is valid for a period of one year.
The Director may renew an Asbestos Analytical Service Certification upon
written application for renewal by the Certification holder. Renewal
applications should be submitted to the Department no later than 30 calendar
days before the expiration of the current Certification. The submission of a
renewal application later than 30 days before the expiration of the current
Certification may result in renewal after the expiration of the current
Certification. Said application for renewal shall include submission of the
items referenced at 454 CMR 28.06(3)(a) through (e).
Applicants may submit application for renewal at Department's
website for renewal with the following provisions of 454 CMR 28.06(4):
(a) Applicant may submit readable electronic
versions of updated materials in lieu of printed
materials.
(b) Application for
renewal must be received at least 14 days prior, but not more than 30 days in
advance, to allow for processing.
(5)
Operating Requirements for
Analytical Service Provider. Because of the highly diversified,
technical nature of asbestos analysis, comprehensive requirements for the
conduct of the work are not set forth in 454 CMR 28.00. Certified providers of
Analytical Services shall conduct asbestos analytical work in accordance with
officially recognized methodologies and generally accepted industrial hygiene
laboratory practices. Providers of Analytical Services shall minimally adhere
to the following operating requirements, as a condition of certification:
(a)
Designation of Asbestos
Analytical Service Supervisor. Applicants for certification as
providers of Analytical Services shall designate a qualified Asbestos
Analytical Service Supervisor, who shall be jointly responsible with other
Responsible Persons of the Certified Asbestos Analytical Service, if any, for
the adherence to the applicable analytical protocols, the maintenance of proper
quality control procedures and the accuracy of the analytical
results.
(b)
Use of
Personnel. The Asbestos Analytical Service Supervisor and the
Responsible Persons of the Certified Asbestos Analytical Service shall ensure
that no person shall perform, or be directed to perform, any asbestos analysis
in the direct business interest of an Asbestos Analytical Service, unless that
person is a Responsible Person or an employee of said Asbestos Analytical
Service.
(c)
Possession
of Adequate Equipment and Supplies. Analytical Service Provider
shall possess all equipment and supplies necessary to perform the services
offered. Equipment shall be calibrated and maintained as specified by the
analytical protocols used or generally accepted industrial hygiene
practices.
(d)
Training. All employees and Responsible Persons of an
Asbestos Analytical Service who perform any asbestos analysis shall have
successfully completed appropriate training, as specified at 454 CMR
28.05(4)(d)1. through 3.:
1.
Training Requirements for Class A and Class B
Certification. All employees and Responsible Persons of Class A
and Class B Analytical Service Provider shall have successfully completed an
approved course of training in the techniques and procedures for identification
of asbestos in bulk samples (e.g., McCrone Research Institute
Asbestos Bulk Analysis course, or an equivalent course acceptable to the
Director).
2.
Training
Requirements for Class C Certificates. All employees and
Responsible Persons of Class C Analytical Service Provider shall have
successfully completed the NIOSH #582 Course, "Sampling and Evaluating Airborne
Asbestos" or an equivalent course acceptable to the Director.
3.
Training Requirements for
Class D Certificates. All employees and Responsible Persons of
Class D Analytical Service Provider shall have successfully completed an
approved course of training in the techniques and procedures for identification
of asbestos in air samples using TEM (e.g., McCrone Research Institute Asbestos
Analysis by Transmission Electronic Microscopy course), or an equivalent course
acceptable to the Director.
(6)
Required Participation in
Quality Control Testing Programs. All Certified Analytical Service
Providers shall participate and maintain proficiency or accreditation in
official quality control testing programs, as specified at
454
CMR 28.06(5)(a) through (d):
(a) Certified Class A Analytical Service
Provider shall maintain accredited status in the National Voluntary Laboratory
Accreditation Program of the NIST.
(b) Certified Class B Analytical Service
Provider shall:
1. Maintain accredited status
in the National Voluntary Laboratory Accreditation Program of the NIST;
or
2. Maintain proficiency in the
Bulk Asbestos Quality Assurance Program of the American Industrial Hygiene
Association or in an equivalent quality assurance program acceptable to the
Director.
(c) Certified
Class C Analytical Service Provider shall:
1.
Participate and maintain proficiency in the Proficiency Analytical Testing
(PAT) Program of the American Industrial Hygiene Association; and
2. Ensure that they also comply with one of
the following:
a. All analysts performing
Class C analysis are listed in the Asbestos Analysts Registry (AAR) of the
American Industrial Hygiene Association and maintain proficiency in the
Asbestos Analysis Testing (AAT) Program of the American Industrial Hygiene
Association (AIHA); or
b. All
analysts performing Class C analysis participate in an annual Department
provided Asbestos Analysts Testing Program, or
c. The Asbestos Analytical Service maintains
accreditation through the AIHA Industrial Hygiene Laboratory Accreditation
Program (IHLAP) for Phase Contrast Microscopy (PCM).
(d) Certified Class D Analytical
Service Provider shall maintain accredited status in "Airborne Asbestos Fiber
Analysis" in the National Voluntary Laboratory Accreditation Program (NVLAP) of
the NIST.
(7)
Required Use of Official Analytical Protocols. In
performing asbestos analysis, Certified Analytical Service Provider shall use
official protocols, as set forth at
454
CMR 28.06(6)(a) through (c):
(a) Certified Class A and Class B Analytical
Service Provider shall use the "Interim Method for the Determination of
Asbestos in Bulk Insulation Samples" found at 40 CFR Part 763 , Appendix A
through Subpart F (cannot be used to analyze non-friable organically bound
materials) or the "Method for the Determination of Asbestos in Bulk Building
Materials" (EPA/600/R-93/116) for the analysis of bulk asbestos samples by
polarizing light microscopy.
(b)
Certified Class C Analytical Service Provider shall use the NIOSH Method 7400
for the determination of asbestos in clearance air monitoring samples and air
samples collected to assess environmental asbestos exposures. Analytical
services may use either the NIOSH Method 7400 or the OSHA Reference Method (29
CFR Part 1910.1001 , Appendix A, 51 FR No. 119, 22739, June 20, 1986) for the
analysis of personal air monitoring samples.
(c) Certified Class D Analytical Service
Provider shall use the "Interim Transmission Electron Microscopy Methods -
Mandatory and Nonmandatory - and Mandatory Section to Determine Completion of
Response Actions", referenced at 40 CFR Part 763, Appendix A, for airborne
asbestos analysis by TEM.
(8)
Requirement to Maintain
Records. Analytical Service Provider shall maintain records, as
provided by
454
CMR 28.15.
(9)
Requirement for Microscope
Calibration When NIOSH Method 7400 is Used. Where the NIOSH Method
7400 is used for the determination of asbestos in air samples, the alignment of
the microscope utilized for the analysis shall be checked and adjusted if
necessary and the phase shift detection limit ascertained as specified in the
Method.
(a) These checks shall be carried out
at least daily each day analysis is performed or each time the microscope is
moved to a new location, whichever is more frequent.
(b) A centering telescope for the microscope
being used and an HSE/NPL phase contest test slide shall be available at the
location where the analysis is being carried out.
(c) Maintain as part of the laboratory
quality assurance program a set of reference slides to be used on a daily
basis, per the 7400 Method item 12(A), and estimate the laboratory intra-and
inter-microscopist precision, per 12(B). Reference slides shall be changed as
often as necessary to ensure that the analyst does not become accustomed to the
slides.
(d) Perform blind recounts
by the same microscopist on 10% of filters counted (slides relabeled by a
person other than the microscopist) using the appropriate calculation to
determine whether a pair of counts by the same microscopist on the same filter
shall be rejected, per 7400 Method item 14.
(e) Records of all calibration procedures
listed under
454
CMR 28.06(8) shall be
maintained as records, as provided by
454
CMR 28.06(8), as well as
records of all repairs and maintenance of the microscope.
(10)
Maintenance, Submission and
Retention of Records. Analytical Service Providers, shall maintain
the records as indicated at
454
CMR 28.06(10)(b) through (d)
and make said records available to the Director upon request. Entities shall
provide photocopies of such records or documents within ten business days of
receipt of a written request from the Director. Records and documents required
to be kept by
454
CMR 28.06 shall be retained for a period of
30 years from the date of project or activity completion. Entities or persons
ceasing to do business, or relocating the principal place of business shall so
notify the Director in writing within 30 days of such event. The Director, on
receipt of such notification may instruct that the records be surrendered to
the Department, or may specify a repository for such records. The entity or
person shall comply with the Director's instructions within 60 days.
Certified Analytical Service Provider shall maintain the
following records at the principal place of business:
(a) Copies of all documents required for
Certification pursuant to
454
CMR 28.06, including quality control
results.
(b) Records of all
analyses performed, including the identity of the sender, the field
identification number, the laboratory identification number, the date
collected, the location from which the sample was collected, the method used
and the analytical results. Air sample results shall include the start and end
times of the sample collection, the start and end flow rates and the sample
volume.
(c) Names, addresses,
telephone numbers and training documents of each person who performed asbestos
analysis for the Certified Asbestos Analytical Service, with the dates of
employment or utilization.
(d)
Records of field and bench microscope calibrations as prescribed at
454
CMR 28.06(9).
