(1)
Required Use of Certified
Asbestos Contractors. Except as allowed by
454
CMR 28.10(1)(a), only
Asbestos Contractors certified pursuant to
454
CMR 28.03(2) and
28.05 shall carry out
Asbestos Response Actions.
Exception to Certification Requirement for Entities Conducting
Response Actions in their Own Facilities. Persons, firms, corporations or other
entities who carry out Asbestos Response Actions at their own property or usual
place of business or employment using their own regular employees or
Responsible Persons need not be licensed as Asbestos Contractors, provided that
the requirements of
454
CMR 28.10(2) and (3) are
met, and the work is otherwise conducted in accordance with the applicable
requirements of
454 CMR
28.00. Uncertified entities who conduct Response
Actions in their own Facilities shall be responsible for complying with the
notification requirements of
454
CMR 28.09.
(2)
Requirement for On-site
Supervisor. The Responsible Persons of the certified Asbestos
Contractor or other entity carrying out an Asbestos Response Action must ensure
that a licensed Asbestos Supervisor who is an employee or Responsible Person of
said Asbestos Contractor or entity is present at the work site and in control
of the work at all times when work is in progress.
(3)
Requirement for Use of
Licensed Asbestos Workers. The Responsible Persons of the
certified Asbestos Contractor or other entity carrying out an Asbestos Response
Action must ensure that all persons who perform the functions of Asbestos
Workers in the Work Area are employees or Responsible Persons of said Asbestos
Contractor or entity and that said persons are licensed pursuant to
454
CMR 28.03(3).
(4)
Required Work
Practices. Asbestos Contractors, Asbestos Supervisors and others
carrying out, or having supervisory authority over, Asbestos Response Actions
must ensure that the work practice requirements of
454
CMR 28.10 are met.
(a)
Work Area
Preparation.
1.
Exclusion of Persons from the Work Area. All persons
not directly involved in the work operation must be excluded from the Work
Area.
2.
Sign In/Out
Log. The Asbestos Contractor or other entity carrying out an
Asbestos Response Action must ensure that each person entering or leaving the
Work Area individually completes the appropriate entries in a sign-in/out log.
The sign in/out log must include: the location of the project; current date;
printed name; signed name; Massachusetts License number, where applicable; and
the time of each entry or exiting.
3.
Posting of Warning
Signs. Warning signs meeting the specifications set forth in 29
CFR Part 1926.1101(k)(7) must be posted at all approaches to the Work Area.
Signs must be posted a sufficient distance from the Work Area to permit a
person to read the sign(s) and take precautionary measures to avoid exposure to
asbestos. Signs must be in place from Work Area preparation until final
clearance.
4.
Shutdown
of HVAC Systems. The facility heating, ventilating and air
conditioning (HVAC) systems of the Work Area must be shut down, locked out and
isolated.
5.
Removal of
Moveable Objects. All moveable objects must be removed from the
Work Area prior to an asbestos response action. Items to be reused which may
have been contaminated with asbestos must be decontaminated by HEPA vacuuming
or wet cleaning prior to their being removed from the Work Area.
6.
Non-movable
Objects. All non-moveable or fixed objects remaining within the
Work Area that have not been contaminated with asbestos must be wrapped or
covered with six-mil thick (minimum) plastic sheeting. Plastic sheet coverings
must be completely sealed with duct tape or equivalent.
7.
Isolation of Work
Area. The Work Area must be isolated by sealing all openings
including, but not limited to, windows, doors, ventilation openings, drains,
grilles, and grates with six-mil thick (minimum) plastic sheeting and duct tape
or the equivalent. For Asbestos Response Actions performed in Public
Facilities, large openings such as open doorways, elevator doors, and
passageways must be first sealed with solid construction, such as plywood over
studding, which must constitute the outermost boundary of the asbestos Work
Area. All cracks, seams and openings in such solid construction must be caulked
or otherwise sealed, so as to prevent the movement of asbestos fibers out of
the Work Area.
8.
Covering of Ceiling, Floor and Wall Surfaces. Except
as allowed by
454
CMR 28.10(4)(a)8.a. through
c., ceiling, floor and wall surfaces must be covered with plastic sheeting. All
seams and joints must be sealed with duct tape or equivalent. Floor covering
must consist of at least two layers of six-mil plastic sheeting, with the edges
up-turned to cover at least the bottom 12 inches of the adjoining wall(s). Wall
and ceiling covering must consist of a minimum of two layers of four-mil
plastic sheeting. Wall covering must extend from ceiling to floor and overlap
the up-turned floor coverings without protruding onto the floor. Duct tape or
equivalent must 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 454 CMR
28.10(4)(a)8. is optional
where these surfaces 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
454
CMR 28.10(4)(a)8. is not
required for those floor and wall surfaces from which asbestos coverings are
removed.
c.
Exception
to Wall Surface Covering Requirement Where Glove Bags Are Used.
Covering of wall and ceiling surfaces is optional for Asbestos Response Actions
where Glove bags are used as the sole means of removal or repair, provided that
the Work Area is isolated in accordance with
454
CMR 28.10(4)(a)7., that all
moveable objects in the Work Area are removed in accordance with
454
CMR 28.10(4)(a)5., that
immoveable objects remaining in the Work Area are covered in accordance with
454
CMR 28.10(4)(a)(6) and that
all other relevant requirements of
454
CMR 28.10(4)(a) are met.
Where Glove bags are used, the floor of the Work Area must be covered with a
minimum of one layer of six-mil thick plastic sheeting.
9.
GFCI Protection.
All sources of electric power for the Work Area must be ground fault circuit
interrupter (GFCI) protected.
(b)
Use of Decontamination
Facilities.
1.
Requirement for Use. Asbestos Contractors and others
carrying out Asbestos Response Actions must supply and ensure the use of a
three-compartment decontamination facility, as prescribed by 29 CFR Part
1926.1101(j)(1). Except as may be required during emergencies which endanger
life or health, the decontamination facility must be the sole means through
which the isolated work space is accessed while work is in progress.
2.
Exception to Decontamination
System Requirement for Work Less than 25 Linear/Ten Square Feet. A
change room may be used in lieu of the three-compartment
decontamination facility specified by
454
CMR 28.10(4)(b)1. on
projects which involve the disturbance of less than 25 linear feet or less than
ten square feet of ACM. Change rooms must be constructed and operated in
accordance with OSHA Asbestos Regulations 29 CFR Part
1926.1101(j)(2).
3.
Warm Water Required. Warm water must be supplied to
the showers of the decontamination facility required by
454
CMR 28.10(4)(b)1.
4.
Decontamination of Personnel
Required. No abatement personnel may leave the Work Area without
first decontaminating their persons by showering, wet washing or HEPA vacuuming
to remove all asbestos debris.
5.
Location of Decontamination Facilities. Where
feasible, decontamination facilities must be contiguous with the Work Area.
Where this is not feasible, the decontamination facility must be sited as
closely as possible to the Work Area. Persons using such a remotely-sited
decontamination facility must remove visible debris from their persons by HEPA
vacuuming prior to donning clean disposable coveralls while still in the Work
Area, and then proceed directly to the remote decontamination system to shower
and change clothes.
6.
Equipment Decontamination. No equipment, supplies, or
materials (except properly containerized waste material) must be removed from
an asbestos Work Area, unless such equipment, supplies or materials have been
thoroughly cleaned free of asbestos debris. Where decontamination is not
feasible, such materials must be wrapped in a minimum of two layers of six-mil
polyethylene sheeting with all joints, seams and overlaps sealed with tape or
containerized in a metal, plastic or fiber drum with a locking lid. Said
wrapped equipment, supplies or materials must be labeled as being
asbestos-contaminated prior to removal from the Work Area. HEPA vacuums must be
emptied of contents prior to removal from the Work Area. Air filtration devices
must have used pre-filters and intermediate filters removed and replaced with
fresh filters prior to removal from the Work Area. Used HEPA filters,
intermediate and pre-filters must be disposed of as asbestos waste.
7.
Requirements for Clean
Room. A clean area or room (clean room) must be provided with
lockers or other appropriate containers for the storage of each worker's
clothes and personal items. A trash container for non-contaminated waste must
be provided in the clean room and emptied at the end of each work day. The
clean room must be maintained in a clean and sanitary condition at all
times.
(c)
Requirement for Work Area Ventilation System. A
HEPA-filtered Work Area ventilation system must be used to maintain a reduced
atmospheric pressure of at least -0.02 column inches of water pressure
differential within the contained Work Area. The system must be in operation at
all times from the commencement of the asbestos project until the requirements
of 454 CMR 28.10(11)(a) and (b) have been met. The ventilation equipment
utilized must be of sufficient capacity to provide a minimum of four air
changes per hour. Ventilation units must be operated in accordance with
Appendix J of EPA Guidance Document EPA 560/5 85 024 and
29 CFR
Part 1926.1101(g)(5)(i).
Make up air entering the Work Area must pass through the decontamination area
whenever possible. Exhaust air must be HEPA-filtered before being discharged
outside of the Work Area. Exhaust air tubes or ducts associated with the Work
Area ventilation system must be free of leaks. Where feasible, exhaust air must
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 must exhaust air be discharged into occupied areas of the building or
into areas of the building which contain exposed or damaged asbestos. When
exhaust air is discharged to the interior of a building, the outflow must be
sampled and analyzed at least twice per day per machine, using sampling and
analysis methods prescribed by the NIOSH Analytical Method 7400 referenced at
40 CFR Part 763, Appendix A. If at any time fiber levels in the exhausted air
exceed 0.01 fibers/cc, the work operation must stop immediately, and the
corresponding ventilation unit(s) must be shut off and repaired or replaced
before the Asbestos Response Action is resumed.
1.
Exception to Work Area
Ventilation System Requirement for Work Less than 25 Linear/Ten Square
Feet. Compliance with 454 CMR 28.10(4)(c) is optional for Asbestos
Response Actions which involve the removal, encapsulation or enclosure of 25 or
fewer linear feet of asbestos on or in pipes, ducts or wires or ten or fewer
square feet of asbestos on or in structures or components other than pipes,
ducts or wires.
2.
Exception to Work Area Ventilation System Requirement Where Glove
Bags Are Used. Compliance with 454 CMR 28.10(4)(c) is optional for
Asbestos Response Actions where Glove bags are used as the sole means of
removal or repair.
(d)
Work Procedures.
1.
Wetting of Asbestos. Prior to removal, ACM must be
adequately wetted with Amended Water. Water must not be applied in amounts that
will cause run off or leakage of the water from the Work Area. Once removed,
ACM must be kept wet until containerized pursuant to 454 CMR 28.10(4)(d)2. and
310 CMR 7.15:
U Asbestos.
2.
Containerization of Asbestos. Removed ACM and
asbestos-contaminated debris within the Work Area must be promptly cleaned up
and containerized. Containerized ACM must be removed from the Work Area at
least once each working shift. Waste not containing components with sharp edges
must 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.
ACM with sharp edged components must be contained in leak-proof metal, plastic
or plastic-lined, drums or boxes. Large components removed intact must be
wrapped in a minimum of two layers of six-mil polyethylene sheeting with all
joints and seams sealed with duct tape, and labeled as ACM prior to removal
from the contained Work Area.
3.
Material Deposition. ACM must not be dropped or thrown
from heights greater than 15 feet. Asbestos-containing asphaltic 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.
4.
Enclosure. Where
ACM is enclosed during an Asbestos Response Action, the following provisions
must also apply:
a. Enclosures over pipes,
ducts, tanks, boilers or other objects must be labeled as containing ACM and
identified on building records.
b.
Enclosure systems must be constructed to be dust tight.
5.
Encapsulation.
Encapsulants must not be applied to severely damaged or deteriorating
ACM.
6.
Demolition. The notification provisions 454 CMR 28.09
and the provisions of 454 CMR 28.10 apply to the demolition of any facility
containing ACM. Such work must also be performed in conformance with
310 CMR
7.00: Air Pollution Control, 310 CMR
19.000: Solid Waste Management and 310 CMR 40.000:
Massachusetts Contingency Plan and the requirements of the EPA
National Emission Standard for Asbestos (NESHAP), as contained in 40 CFR Part
61, Subpart M.
7.
Abatement of Friable ACM Exposed during Response
Action. Any Friable ACM that has been exposed as a result of an
Asbestos Response Action must be suitably removed, enclosed or encapsulated in
accordance with 454 CMR 28.10(4)(d)4. or 28.10(4)(d)5.
(5)
Specific Work
Practice Requirements for Glove Bag Operations. Asbestos
Contractors and others having supervisory authority over Asbestos Response
Actions involving glove bag use must ensure that the following work practice
requirements are met:
(a) Glove bags must be
used only on those structures or surfaces for which they are specifically
designed, and they must be used without modification. Glove bags must be
constructed of six-mil thick (minimum) plastic sheeting and be seamless at the
bottom.
(b) Glove bags must be used
only once and must not be moved along the surface to which they are
applied.
(c) Glove bags must not be
applied to structures hotter than 150EF, or per manufacturer's
specifications.
(d) The Work Area
may be isolated in accordance with 454 CMR 28.10(4)(a)7. and must be cleaned of
visible debris by wet wiping or HEPA vacuuming prior to installation of the
glove bag.
(e) Glove bags must be
installed so as to form an airtight covering over the structure to which they
are applied, and smoke testing used to validate airtight installation. Any
friable ACM in the immediate area of glove bag attachment must be wrapped and
sealed in two layers of six-mil plastic sheeting or otherwise rendered intact
prior to glove bag installation. Where points of attachment of the glove bag
are not intact, they must be rendered intact by wrapping with re-wettable
fiberglass cloth, or an equivalent material, prior to attaching the glove bag.
All openings in the glove bag must be sealed against leakage with duct tape or
equivalent material.
(f) ACM must
be wet with Amended Water prior to its removal and maintained in a wet
condition inside the glove bag.
(g)
Any ACM that has been exposed as result of the glove bag operation must be
suitably removed, encapsulated or enclosed so as to prevent the leakage of
asbestos fibers prior to the removal of the glove bag.
(h) All surfaces from which ACM has been
removed inside the glove bag and the upper portions of the glove bag itself
must be cleaned free of visible debris prior to removal of the glove
bag.
(i) Debris must be isolated in
the bottom of the glove bag by twisting the bag so as to form a closure in the
middle. This closure must then be taped around with duct tape or equivalent
material. Air in the glove bag must be exhausted with a HEPA vacuum cleaner
prior to its removal.
(j) Following
removal from the structure, the glove bag and its contents must be
containerized in accordance with 454 CMR 28.10(4)(d)2. and disposed of in
accordance with 454 CMR 28.10(8)(a).
(6)
Cleanup.
Following an Asbestos Response Action, the Asbestos Contractor or entity
performing the work must decontaminate all contaminated surfaces within the
Work Area using HEPA vacuuming or wet cleaning techniques, including surfaces
contaminated prior to the Asbestos Response Action. All equipment and materials
used and all surfaces from which ACM has been removed must be decontaminated.
If asbestos materials were not substantially intact at time of removal; an inch
of soil must be removed from dirt floors and disposed of as asbestos containing
waste. All cleanup materials must be disposed of as asbestos waste. Cleanup
must be to the level of no visible debris.
(7)
Clearance
Monitoring. Following the cleanup required by 454 CMR 28.10(6),
the facility owner, Asbestos Contractor, entity conducting the Asbestos
Response Action, or the Asbestos Project Monitor employed to oversee the work
operation must ensure that the clearance monitoring requirements of 454 CMR
28.10(4)(9), (10) and (11) are met. Until these conditions are achieved all
Work Area barriers must remain in place, Work Area ventilation systems (if
required) will remain in operation, respirators and other personal protective
equipment must be worn and all other work practice controls, as required by 454
CMR 28.10(4) must remain in effect.
(8)
Disposal
Requirements.
(a)
Waste. Any ACM and any materials contaminated with ACM
that are removed from a facility must be handled and disposed of as an asbestos
containing waste in conformance with EPA NESHAPS Regulations at 40 CFR Part 61
and
310 CMR
7.00: Air Pollution Control and 310
CMR 19.000: Solid Waste Management.
(b)
Transport. Only
asbestos waste which has been properly containerized pursuant to 454 CMR
28.10(6) may be transported from the point of generation. Transport must be in
covered vehicles or locked containers. Transportation of asbestos waste must be
in conformance with EPA NESHAP Regulations at 40 CFR Part 61 and applicable
standards of the U.S. Department of Transportation, OSHA and the
MassDEP.
(9)
Clearance Monitoring Procedures. The clearance
monitoring procedures specified by 454 CMR 28.10(10) and (11) must be performed
only by a licensed Asbestos Project Monitor who is not an employee or
Responsible Person of the Asbestos Contractor or entity which conducted the
work, and therefore, must be contracted by the facility owner/operator
directly, including any Class C Analytical Services providing Project Monitor
services. The Asbestos Contractor may not subcontract with an Asbestos Project
Monitor, or Asbestos Consulting Service Provider, to perform the visual
inspection required by 454 CMR 28.10(10) or the clearance air monitoring
required by 454 CMR 28.10(11) for an Asbestos Response Action conducted in a
facility subject to the requirements of AHERA.
(10)
Visual
Inspections. A licensed Asbestos Project Monitor must inspect all
surfaces within the Work Area for dust, debris and other particulate residue.
Should any Visible Debris be found in the Work Area, it must be repeatedly
cleaned by the Asbestos Contractor or entity performing the work in accordance
with 454 CMR 28.10(6) until the no visible debris criterion is achieved. Where
clearance air monitoring is required by 454 CMR 28.10(11), the achievement of
the no visible debris criterion must precede the collection of clearance air
monitoring samples.
(11)
Clearance Air Monitoring. The clearance air monitoring
requirements of 454 CMR 28.10(11) must be met for all Asbestos Response
Actions, except for those involving the complete demolition of facilities, or
those conducted in facilities not subject to the requirements of AHERA where
the Glove Bag is used as the sole means of removal or repair.
(a)
Clearance Air Monitoring
Requirements for Larger Asbestos Response Actions Conducted in School
Facilities Subject to AHERA. For Asbestos Response Actions
conducted in school facilities subject to AHERA which involve the removal,
encapsulation or enclosure of greater than 160 square feet or 260 linear feet
of friable ACM, clearance air monitoring samples must be collected and analyzed
by transmission electron microscopy (TEM) as prescribed by 40 CFR Part 763,
Appendix A through Subpart E with analysis by an Asbestos Analytical Service
Provider.
1. In addition to adhering to the
above, the licensed Asbestos Project Monitor must use a rotameter or other
appropriate flow measuring device, the calibration of which is traceable to a
primary standard, to measure the air flow in the sampling train immediately
prior to and immediately following the collection of the clearance air
monitoring samples.
2. Air samples
must be collected within a negative pressure enclosure using the aggressive
sampling methods described in 40 CFR Part 763, Subpart E, Appendix A.
3. The analysis of all clearance air
monitoring samples collected pursuant to the requirements of 454 CMR 28.10(11)
must be analyzed by Analytical Service Provider certified and approved pursuant
to 454 CMR 28.06.
4. Where
clearance air monitoring samples are collected and analyzed pursuant to the
requirements of 454 CMR 28.10(11), an Asbestos Response Action must be
considered complete when the average concentration of asbestos in five air
samples collected within the work area and analyzed by the TEM protocol
described in 40 CFR Part 763, Subpart E, Appendix A, is not statistically
different, as determined through application of the Z-test calculation found in
that Appendix A, from the average asbestos concentration of five air samples
collected at the same time outside the work area and analyzed in the same
manner, and the average asbestos concentration of the three field blanks
described in the same Appendix A of Subpart E, of 70 structures per square
millimeter.
5. An action may also
be considered complete if the volume of air drawn for each of the five samples
collected within the work area is equal to or greater than 1,199 L of air for a
25 mm filter or equal to or greater than 2,799 liters of air for a 37 mm
filter, and the average concentration of asbestos as analyzed by the TEM method
in 40 CFR Part 763, Subpart E, Appendix A, for the five air samples does not
exceed the filter background level of 70 structures per square
millimeter.
6. Should the work area
fail the clearance air testing requirements of 454 CMR 28.10(11)(4) or (5), as
applicable, it must be repeatedly cleaned by the Asbestos Contractor or other
entity performing the work as prescribed by 454 CMR 28.10(6) until the
requirements of 454 CMR 28.10(11)(4) or (5) are met.
(b)
Clearance Air Monitoring
Requirements for Smaller Asbestos Response Actions Conducted in School
Facilities and Asbestos Response Actions of All Sizes Conducted in Non-school
Facilities. For Asbestos Response Actions conducted in school
facilities subject to AHERA which involve the removal, encapsulation or
enclosure of 160 square feet (or less) or 260 linear feet (or less) of ACM, and
for all Asbestos Response Actions conducted in all non-school facilities,
clearance monitoring samples must be collected and analyzed using either the
transmission electron microscopy (TEM) method prescribed by 454 CMR 28.10(1)(4)
or (5) the phase contrast microscopy method, NIOSH Analytical Method 7400.
Where the TEM method of analysis is elected, the sampling, analysis, and
clearance level requirements must be as prescribed at 454 CMR 28.10(11), and 40
CFR Part 763, Appendix A through Subpart E. Where the phase contrast microscopy
method, NIOSH Method 7400, is used, clearance air monitoring samples must be
collected and analyzed as prescribed by the NIOSH 7400 Method and 454 CMR
28.10(11)(b)1. through 4.
1. In addition to
adhering to the above, the licensed Asbestos Project Monitor must use a
rotameter or other appropriate flow measuring device that has been calibrated
to a primary standard within the past six months, to measure the air flow in
the sampling train immediately prior to and immediately following the
collection of the clearance air monitoring samples.
2. Air samples must be collected within a
negative pressure enclosure using the aggressive sampling methods described in
40 CFR Part 763, Subpart E, Appendix A.
3. For facilities subject to the requirements
of AHERA at least five samples, or one sample per room, whichever is greater,
must be collected and analyzed. For non-AHERA facilities at least one sample
for each 500 linear/1000 square feet of asbestos or portion thereof, or one
sample per room, whichever is greater, must be collected and analyzed. The
collection and analysis of all samples must be in accordance with the NIOSH
7400 Method. No fewer than 1080 liters of air must be collected for clearance
air samples where the NIOSH 7400 Method is used for analysis.
4. Where clearance air monitoring samples are
collected and analyzed using phase contrast microscopy pursuant to 454 CMR
28.10(11)(b), an Asbestos Response Action must be considered complete when the
concentration of asbestos in each of the air samples collected inside the
contained work space is less than or equal to 0.010 fibers per cubic centimeter
of air.
5. Should the work area
fail the clearance air testing requirements of 454 CMR 28.10(11)(b)5., it must
be repeatedly cleaned by the Asbestos Contractor or other entity performing the
work as prescribed by 454 CMR 28.10(6) until the requirements of 454 CMR
28.10(11)(b)4. are met.
6. All
analyses of clearance air monitoring samples by phase contrast microscopy
pursuant to 454 CMR 28.10(11)(b) must be performed by an Asbestos Analytical
Service licensed and approved pursuant to 454 CMR 28.06(1)(c).
