Current through Register 1531, September 27, 2024
(1)
Applicability of Standards. Operations and Maintenance
Projects, as defined at 454 CMR 28.02, shall be carried out in accordance with
the requirements of 454 CMR 28.11. Where Operations and Maintenance Projects
cannot be carried out in accordance with the requirements of 454 CMR 28.11,
said Projects shall be carried out in accordance with 454 CMR 28.10. For
buildings not subject to 454 CMR 28.13 (AHERA), the amount of material
disturbed during Operations & Maintenance Projects shall not exceed ten
square feet or 25 linear feet and is not the sum of the individual layers (ten
square feet of floor tile and ten square feet of related asbestos mastics would
be considered ten square feet of material).
(2)
General Requirements for
Asbestos Operations and Maintenance Projects.
(a)
Exemption from Licensing
Requirements; Requirements for Training.
1. Persons or entities who carry out Asbestos
Operations and Maintenance Projects need not be certified as Asbestos
Contractors or licensed as Asbestos Workers or Asbestos Supervisors, provided
that all persons participating in the work have received the Asbestos
Operations and Maintenance Projects Worker training specified by 454 CMR
28.05(8), and the applicable refresher training specified at 454 CMR
28.05(8)(a)4. and the work is conducted in accordance with the applicable
provisions of 454 CMR 28.11.
2.
Persons performing Operations and Maintenance Work involving only the removal
of asphaltic shingles and felts according to requirements set forth at 454 CMR
28.11(5) may comply with the OSHA training requirements set forth at
29 CFR
Part 1926.1101(k)(9)(iv) or
the corresponding EPA training requirements specified by 40 CFR Part 763,
Subpart G, as applicable, in lieu of fulfilling the training
requirements of 454 CMR 28.05(8) and 28.05(8)(d).
3. Persons who have received the Asbestos
Worker training specified at 454 CMR 28.05(4)(a) or the Asbestos Supervisor
training specified at 454 CMR 28.05(4)(b) and the applicable refresher training
specified at 454 CMR 28.05(5) will be considered to have met the training
requirements for participation in Asbestos Operations and Maintenance
Projects.
4. Persons carrying out
Asbestos Operations and Maintenance Projects in their own single-family,
owner-occupied homes are exempted from the training requirements of 454 CMR
28.05(8) and (8)(d).
(b)
Personal Protection. All employees who perform
Asbestos Operations and Maintenance Projects shall be comply with personal
protection in accordance with the requirements of 454 CMR 28.04.
(c)
Notification
Requirements. Persons or entities carrying out Asbestos Operations
and Maintenance Projects shall comply with the applicable notification
requirements of 454 CMR 28.09 and 28.11.
(3)
General Work Practice
Requirements. Persons or entities carrying out, or having
supervisory authority over Asbestos Operations and Maintenance Projects shall
ensure that the work practice requirements of 454 CMR 28.11(3)(a) through
(3)(k) are met. Persons or entities carrying out, or having supervisory
authority over, Asbestos Operations and Maintenance Projects involving the
removal or disturbance of: vinyl asbestos tile; sheet asbestos-containing floor
coverings; asbestos-containing floor mastic; asbestos-containing gypsum board
and joint compounds; shall additionally comply with the applicable requirements
of 454 CMR 28.11(4) through (6).
(a) All
persons not directly involved in the work shall be excluded from the Work Area
for the duration of the project by physical barriers or other appropriate
means.
(b) Dust tight barriers
shall be constructed, as necessary, to ensure that asbestos-containing dust
released during work activities is contained within the Work Area. Glove bags
and prefabricated mini-enclosures are permitted in place of constructed
barriers.
(c) Sources of electric
power for power tools or other equipment used in the Work Area shall be ground
fault circuit interrupter (GFCI) protected.
(d) ACM shall be wet with Amended Water
before it is disturbed, and it shall be kept wet throughout the work operation
until properly containerized. In accordance with 454 CMR 28.10(4)(d)1., an
exception to the wetting requirement may be granted by the Director, where
wetting of Asbestos-containing Material would create slipping, electrical or
other safety hazards.
(e) Where ACM
is being removed, it shall be removed in an intact state to the greatest
feasible extent.
(f) Where power
tools are used to cut, chip or abrade an Asbestos-containing Material, said
power tools shall be equipped with HEPA-filtered local exhaust attachments
specifically manufactured for the tools being used.
(g) Any friable ACM exposed as a result of
the work operation shall be enclosed behind dust-tight barriers or
encapsulated. Encapsulants shall not be applied to severely damaged or
deteriorated ACM.
(h) 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.
(i) HEPA vacuums shall be emptied and
decontaminated in accordance with 454 CMR 28.10(4)(b)6.
(j)
Clearance
Inspections. All surfaces within the Work Area shall be visually
inspected for dust, debris and other particulate residue by persons who have
been trained pursuant to 454 CMR 28.05(4)(c) or (f) who are not employees or
Responsible Persons of the Contractor or other entity performing the work. The
Work Area shall be repeatedly cleaned by the Contractor or other entity
carrying out the work operation until the no Visible Debris criterion is
achieved.
(k)
Disposal
Requirements. Asbestos-containing debris shall be containerized,
labeled, transported and disposed in accordance with 454 CMR 28.10(4)(d)2. and
(5)(i);
310 CMR
7.00: Air Pollution Control and 310
CMR 19.000: Solid Waste Management; the EPA National Emission
Standard for Asbestos (NESHAP) as contained in 40 CFR Part 61, Subpart M; and
other applicable state and federal standards.
(4)
Special Procedures for the
Removal of Asbestos Floor Tile, Sheet Floor Coverings and Asbestos Mastics as
Operations and Maintenance Work.
(a)
General
Requirements.
1. Persons carrying
out the removal of asbestos floor tile, sheet floor coverings and mastics must
presume that said materials contain asbestos, unless asbestos bulk analysis or
manufacturer's specifications indicate otherwise.
2. Asbestos floor tile, sheet floor coverings
and mastics being removed must not be sanded, dry-swept, dry-scraped, drilled
without a HEPA shroud, sawed, abrasive-blasted, mechanically chipped or
pulverized.
3. All furniture and
other movable objects must be removed from the Work Area before asbestos
response action begins. All non-moveable objects in the Work Area must be
wrapped or covered with six-mil thick (minimum) plastic sheeting. Plastic sheet
coverings must be completely sealed with duct tape or equivalent.
4. The entire floor surface from which
asbestos floor tile or sheet floor coverings are to be removed must be vacuumed
with a HEPA vacuum prior to removal of the floor tile or coverings.
5. Work shall be in compliance with the
Resilient Floor Coverings Institute (RFCI) document Recommended Work Practices
for Removal of Resilient Floor Coverings Published January 2018 found at
www.rfci.com and on the Department's website,
incorporated by reference.
(b)
Procedures for Removal of
Asbestos Floor Tile.
1. Except
as allowed by 454 CMR 28.11(4)(b)3., floor tiles must be wetted with amended
water prior to removal and kept wet throughout the removal process.
2. Floor tiles must 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 not allowed. Where tile do not readily release from underlying
mastic, the removal tool may be struck with a hammer to facilitate release.
Floor tile must be removed in an intact state to the extent feasible.
3. Surfaces of tiles 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 the tile
specified by 454 CMR 28.11(4)(b)1. may be delayed until after release of the
tile from the floor surface.
4.
Removed floor tile and asbestos-contaminated debris within the Work Area must
be promptly cleaned up and containerized while still wet. 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. Floor tile with sharp edges and sharp
edged components likely to puncture the plastic bags specified above must be
contained in leak-proof metal, plastic or plastic-lined, drums or boxes. The
outer surface or layer of waste material shall be free of asbestos
contamination before exiting the Work Area.
5. Following containerization of floor tile
and associated debris, the floor surface must be HEPA-vacuumed while still wet
and then allowed to dry.
6.
Immediately after drying, the floor surface must be HEPA-vacuumed again before
the visual inspection required by 454 CMR 28.11(3)(j) is performed.
(c)
Procedures for
Removal of Sheet Asbestos Flooring.
1. Where it is necessary to cut sheet
asbestos flooring to facilitate handling, the same must be cut with a knife.
Tearing or sawing of sheet asbestos flooring as a method of removal is
prohibited.
2. Where sheet asbestos
flooring adheres to the floor surface, points of adhesion must be continually
misted or sprayed with amended water as these points are separated during the
removal process. Hand scrapers or similar hand tools may be used to facilitate
release of the sheet flooring from the underlying surface.
3. Removed sheet flooring and
asbestos-contaminated debris within the Work Area must be promptly cleaned up
and containerized while still wet. Containerized ACM must be removed from the
Work Area at least once each working shift. Waste not having sharp-edged
components must be containerized in two plastic bags (six-mil minimum thickness
each bag, one inside the other) or in metal, plastic or plastic-lined drums or
boxes. Removed material or debris with sharp edges and sharp edged components
likely to puncture the plastic bags specified above must be contained in
leak-proof metal, plastic or plastic-lined, drums or boxes. The outer surface
or layer of waste material shall be free of asbestos contamination before
exiting the Work Area.
4. Following
containerization of sheet floor covering and associated debris, the floor
surface must be HEPA-vacuumed while still wet and then allowed to
dry.
5. Immediately after drying,
the floor surface must be HEPA-vacuumed again before the visual inspection
required by 454 CMR 28.11(3)(j) is performed.
(5)
Special Procedures for the
Removal or Repair of Asbestos-containing Gypsum Board/Joint Compound Systems as
Operations and Maintenance Work.
(a) Where removal of sections of gypsum board
is required, said sections must be removed intact to the greatest extent
feasible.
(b) Where gypsum
board/joint compound systems must be cut to allow removal or refitting of
sections, only the minimum number of cuts necessary to accomplish said removal
or refitting must be permitted.
(c)
Manually operated tools or power tools fitted with HEPA-filtered vacuum
attachments must be used for the cutting or resurfacing of asbestos-containing
gypsum board/joint compound systems.
(d) Where manually operated tools are used
for the cutting or resurfacing of gypsum board/joint compound systems, the area
being cut must be continually misted with amended water during the cutting
operation.
(e) Dry sanding of
asbestos-containing wallboard/joint compound systems during refinishing
operations must not be allowed; only wet sanding is permitted.
(f) Where holes of 1/2" or less in
diameter are to be drilled through asbestos gypsum board/joint compound
systems, the area encompassing the hole must be covered with a sufficient
quantity of shaving foam, or other suitable engineering control, to catch the
generated chips and dust. Where holes of greater than 1/2" are to be
drilled, the area being drilled must be continually misted with Amended Water
during the drilling operation.