Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos
Section 28.13 - Requirements for Schools Subject to AHERA

Universal Citation: 454 MA Code of Regs 454.28

Current through Register 1531, September 27, 2024

(1) General Local Education Agency (LEA) Requirements.

(a) Each local education agency must:
1. Ensure that the activities of any persons who perform inspections, reinspections, and periodic surveillance, develop and update management plans, and develop and implement response actions, including operations and maintenance, are carried out in accordance with 454 CMR 28.00.

2. Ensure that all custodial and maintenance employees are properly trained as required by this document and other applicable Federal and/or State regulations (e.g., the Occupational Safety and Health Administration asbestos standard for construction, 29 CFR 1926.1101, or 454 CMR 25.00: Occupational Safety and Health for Public Sector Workers').

3. Ensure that workers and building occupants, or their legal guardians, are informed at least once each school year about inspections, response actions, and post-response action activities, including periodic reinspection and surveillance activities that are planned or in progress.

4. Ensure that short-term workers (e.g., telephone repair workers, utility workers, computer cabling or exterminators) who may come in contact with asbestos in a school are provided information regarding the locations of ACM and suspected ACM assumed to be ACM.

5. Ensure that warning labels are posted in accordance with 454 CMR 28.13(11).

6. Ensure that management plans are available for inspection and notification of such availability has been provided as specified in the management plan under 454 CMR 28.13(9).

(b) Designate a person to ensure that requirements under 454 CMR 28.12(1) are properly implemented. Ensure that the designated person receives adequate training to perform duties assigned under 454 CMR 28.12(1). Such training must provide, as necessary, basic knowledge of:
1. Health effects of asbestos;

2. Detection, identification, and assessment of ACM;

3. Options for controlling ACM;

4. Asbestos management programs;

5. Relevant Federal and State regulations concerning asbestos, including those referenced herein and those of the Occupational Safety and Health Administration, U.S. Department of Labor, the U.S. Department of Transportation and the U.S. Environmental Protection Agency; and

6. Consider whether any conflict of interest may arise from the interrelationship among accredited and licensed personnel and whether that should influence the selection of accredited and/or licensed personnel to perform activities under 454 CMR 28.12.

(2) Inspections and Reinspections.

(a) Inspections. All local education agencies (LEAs) are required to inspect each school building that they lease, own or otherwise use as a school building to identify all locations of friable and non-friable ACM, except for those buildings which have been inspected as required by the AHERA and for which documentation of said inspection was filed with the State as required by the AHERA prior to publication of 454 CMR 28.13(2).

The inspection must be conducted as described under 454 CMR 28.13(2)(b) and (c) prior to use as a school building.

1. Each inspection must be made by a currently licensed asbestos inspector.

2. For each area of a school building, except as excluded under 454 CMR 28.13(12), each licensed Inspector performing an inspection must:
a. Visually inspect the area to identify the locations of all suspected ACM;

b. Touch all suspected ACM to determine whether it is friable;

c. Identify all homogeneous areas of friable suspected ACM and all homogeneous areas of non-friable suspected ACM;

d. For each identified homogeneous area that is not assumed to be ACM, collect and submit for analysis bulk samples under 454 CMR 28.13(4);

e. Assess under 454 CMR 28.13(5) friable material in areas where samples are collected, friable material in areas that are assumed to be ACM, and friable ACM identified during a previous inspection; and

f. Record the following and submit to the person designated under 454 CMR 28.13(1), a copy of such record for inclusion in the management plan within 30 days of the inspection:
i. An inspection report with the date of the inspection, signed by each licensed person making the inspection and must include the license number and expiration date along with a copy of current training certificate of the inspector.

ii. An inventory of the locations of the homogeneous areas where samples are collected, exact location where each bulk sample is collected, dates that samples are collected, homogeneous areas where friable suspected ACM is assumed to be ACM, and homogeneous areas where non-friable suspected ACM is assumed to be ACM;

iii. A description of the manner used to determine sampling locations, the name and signature of each DLS licensed inspector who collected the samples, including license number and expiration date along with a copy of current training certificates;

iv. A list of whether the homogeneous areas identified under 454 CMR 28.12(2)(a)2.e.iv. are surfacing material, thermal system insulation, or miscellaneous material; and

v. Assessments made of friable material, the name and signature of each licensed inspector making the assessment, his or her license number and expiration date and current training certificate.

(b) Reinspections.
1. At least once every three years after a management plan is implemented, each local education agency must conduct a reinspection of all friable and nonfriable known or assumed ACM and any not previously identified suspect ACM, regardless of whether or not these areas were included in the original inspection and management plan, in each school building that they lease, own, or otherwise use as a school building.

Each local education agency must submit to the Department within 30 days of the reinspection, documentation that a reinspection has been performed. This documentation must be submitted on a form prescribed by the Director and submitted electronically to the Department's website by the LEA.

2. Each inspection must be made by a licensed inspector.

3. For each area of a school building, each person performing a reinspection must:
a. Visually reinspect and reassess under 454 CMR 28.13(5) the condition of all friable and non-friable known or assumed ACM;

b. Visually inspect material that was previously considered non-friable ACM and touch the material to determine whether it has become friable since the last inspection or reinspection;

c. Visually inspect and assess under 454CMR 28.13(5) materials such as, but not restricted to, ceiling tile, wallboard, plaster walls, linoleum, fire doors, duct insulation and vibration dampening cloth, which are considered suspect ACM;

d. Identify any homogeneous areas with material that has become friable since the last inspection or reinspection;

e. For each homogeneous area of newly friable material that is already assumed to be ACM, may collect and submit bulk samples for analysis in accordance with 454 CMR 28.13(3) and (4);

f. Any remaining ACM that is present and was previously unidentified, and is now accessible and visible will be included in the reinspection, and provided a physical assessment under 454 CMR 28.13(5);

g. Assess under 454 CMR 28.13(5) the condition of the newly friable material in areas where samples are collected, and newly friable materials in areas that are assumed to be ACM;

h. Reassess under 454 CMR 28.13(5) the condition of friable known or assumed ACM previously identified;

i. Record the following and submit to the person designated under 454 CMR 28.13(1) a copy of such record for inclusion in the management plan within 30 days of the reinspection:
i. The date of the reinspection, the name and signature of the person making the reinspection, and any changes in the condition of known or assumed ACM;

ii. The exact locations where samples are collected during the reinspection, a description of the manner used to determine sampling locations, the name and signature of each licensed inspector who collected the samples, license number and expiration date;

iii. Any assessments or reassessments made of friable material, the name and signature of the licensed inspector making the assessments, license number and expiration date; and

iv. General. Thermal system insulation that has retained its structural integrity and that has an undamaged protective jacket or wrap that prevents fiber release shall be treated as non-friable and therefore is subject only to periodic surveillance and preventive measures as necessary.

(3) Sampling.

(a) Surfacing Material. A licensed inspector must collect bulk samples of surfacing material, in a statistically random manner which is representative of the homogeneous area of friable surfacing material that is not assumed to be ACM, and must collect such samples as follows:
1. At least three bulk samples from each homogeneous area that is 1,000 square feet or less, except as provided in 454 CMR 28.13(4);

2. At least five bulk samples must be collected from each homogeneous area that is greater than 1,000 square feet, but less than or equal to 5,000 square feet, except as provided in 454 CMR 28.13(4); or

3. At least seven bulk samples must be collected from each homogeneous area that is greater than 5,000 square feet, except as provided in 454 CMR 28.13(5).

(b) Thermal System Insulation.
1. Except as provided in 454 CMR 28.13(4), a licensed inspector must collect, in a randomly distributed manner, at least three bulk samples from each homogeneous area of thermal system insulation that is not assumed to be ACM.

2. A licensed inspector must collect at least one bulk sample from each homogeneous area of patched thermal system insulation that is not assumed to be ACM if the patched section is less than six linear or square feet.

3. In a manner sufficient to determine whether the material is ACM or not ACM, a licensed inspector must collect bulk samples from each insulated mechanical system that is not assumed to be ACM where cement or plaster is used on fittings such as tees, elbows, or valves, except as provided under 454 CMR 28.13(4). At least one sample per fitting.

4. Bulk samples are not required to be collected from any homogeneous area where the licensed inspector has determined that the thermal system insulation is fiberglass, foam glass, rubber, or other non-ACM.

5. Miscellaneous material. In a manner sufficient to determine whether material is ACM or not ACM, a licensed inspector must collect bulk samples from each homogeneous area of friable miscellaneous material that is not assumed to be ACM.

6. Non-friable suspected ACM. If any homogeneous area of non-friable suspected ACM is not assumed to be ACM, then a licensed inspector must collect, in a manner sufficient to determine whether the material is ACM or not ACM, bulk samples from the homogeneous area of non-friable suspected ACM that is not assumed to be ACM.

(4) Analysis.

(a) Local education agencies must have bulk samples, collected under 454 CMR 28.13(3) and submitted for analysis and analyzed for asbestos using laboratories certified by the Department.

(b) Bulk samples must not be composited for analysis and must be analyzed for asbestos content by polarized light microscopy (PLM), using the EPA "Method for the Determination of Asbestos in Bulk Building Materials'' (EPA/600/R-93/116), or TEM for non-friable materials.

(c) A homogeneous area is considered not to contain ACM only if the results of all samples required to be collected from the area show asbestos in amounts of 1% or less.

(d) A homogeneous area must be determined to contain ACM based on a finding that the results of at least one sample collected from the area shows that asbestos is present in an amount greater than 1%.

(e) The name and address of each certified Asbestos Analytical Service performing an analysis, the date of analysis, and the name and signature of the person performing the analysis must be submitted to the person designated under 454 CMR 28.13(1) for inclusion into the management plan within 30 days of the analysis.

(f) The Inspector must be independent of the Asbestos Analytical Service analyzing the samples.

(5) Assessment.

(a) For each inspection and reinspection under 454 CMR 28.13(2)(a) and (b) and previous inspections specified under 454 CMR 28.13(1), the local education agency must have an licensed inspector provide a written assessment of all friable known or assumed ACM in the school building.

(b) Each licensed inspector providing a written assessment must sign and date the assessment, provide his or her current license and training certificate, and submit a copy of the assessment to the person designated under 454 CMR 28.13(1) for inclusion in the management plan within 30 days of the assessment.

(c) The licensed inspector must classify and give reasons in the written assessment for classifying the ACM and suspected ACM assumed to be ACM in the school building into one of the following categories:
1. Damaged or significantly damaged thermal system ACM;

2. Damaged friable surfacing ACM;

3. Significantly damaged friable surfacing ACM;

4. Damaged or significantly damaged friable miscellaneous ACM;

5. ACM with potential for damage;

6. ACM with potential for significant damage; and

7. Any remaining friable ACM or friable suspected ACM.

(d) Assessment must include the following considerations:
1. Location and the amount of the material, both in total quantity and as a percentage of the functional space;

2. Condition of the material, specifying:

3. Type of damage or significant damage (e.g., flaking, blistering, water damage, or other signs of physical damage);

4. Severity of damage (e.g., major flaking, severely torn jackets, as opposed to occasional flaking, minor tears to jackets);

5. Extent or spread of damage over large areas or large percentages of the homogeneous area;

6. Whether the material is accessible;

7. The material's potential for disturbance;

8. Known or suspected causes of damage or significant damage (e.g., air erosion, vandalism, vibration, water); and

9. Preventive measures which might eliminate the reasonable likelihood of undamaged ACM from becoming damaged or significantly damaged.

(e) The local education agency must select a Management Planner licensed to develop management plans to review the results of each inspection, reinspection, and assessment for the school building and to conduct any other necessary activities in order to recommend in writing to the local education agency appropriate response actions. The licensed person must sign and date the recommendation, provide his or her current license and training certificate, and, if applicable, provide his or her accreditation number, and submit a copy of the recommendation to the person designated under 454 CMR 28.13(1) for inclusion in the management plan.

(f) The Management Planner is responsible for informing the LEA in writing if the Management Plan is missing in part or in whole. The LEA is then responsible for replacing the missing portions of the Management Plan.

(6) Response Action.

(a) The local education agency must select and implement in a timely manner the appropriate response actions in 454 CMR 28.13(5) consistent with the assessment conducted in 454 CMR 28.13(5). The response actions selected shall be sufficient to protect human health and the environment. The local education agency may then select, from the response actions which protect human health and the environment, that action which is the least burdensome. For purposes of determining which of these response actions is the least burdensome, the local education agency may consider local circumstances, including occupancy and use patterns within the school building, and its economic concerns, including short-term and long-term costs. The response action must at a minimum meet the requirements as set forth in 454 CMR 12.13(6)(a) through (h). No asbestos abatement shall be performed in a school building while school is in session during normal school hours without the prior written approval of the Department, except for an emergency project.

(b) If damaged or significantly damaged thermal system insulation ACM is present in a building, the local education agency must:
1. Repair the damaged area; or

2. Remove the damaged material if it is not feasible, due to technological factors, to repair the damage; and

3. Maintain all thermal system insulation ACM and its covering in an intact state and undamaged condition.

(c) If damaged friable surfacing ACM or damaged friable miscellaneous ACM is present in a building, the local education agency must select the response actions that best protects human health and the environment from among the following:
1. Encapsulation;

2. Enclosure;

3. Removal; or

4. Repair.

(d) If significantly damaged friable surfacing ACM or significantly damaged friable miscellaneous ACM is present in a building the local education agency must:
1. Immediately isolate the functional space and restrict access, unless the licensed management planner determines that isolation is not necessary to protect human health and the environment; and

2. Remove the material in the functional space or, depending upon whether the licensed management planner determines that enclosure or encapsulation would be sufficient to protect human health and the environment, enclose or encapsulate.

(e) If any friable surfacing ACM, thermal system ACM, or friable miscellaneous ACM that has potential for damage is present in a building, the local education agency must at least implement an O & M program, as described under 454 CMR 28.13(7).

(f) If any friable surfacing ACM, thermal system insulation ACM, or friable miscellaneous ACM that has potential for significant damage is present in a building, the local education agency must:
1. Implement an O & M program as described under 454 CMR 28.13(7);

2. Immediately isolate the area and restrict access if necessary to avoid an imminent and substantial endangerment to human health or the environment;

3. Institute preventive measures appropriate to eliminate the reasonable likelihood that the ACM or its covering will become significantly damaged, deteriorated, or delaminated; and

4. Remove the material as soon as possible if appropriate preventive measures cannot be effectively implemented. Or, unless other response actions are determined to protect human health and the environment, immediately isolate the area and restrict access if necessary to avoid an imminent and substantial endangerment to human health or the environment.

(g) Response actions including removal, encapsulation, enclosure, or repair, other than small-scale, short-duration repairs, must be designed and conducted by persons licensed to design and conduct response actions.

(h) Completion of Response Actions.
1. At the conclusion of any action to remove, encapsulate, or enclose ACM or material assumed to be ACM, a licensed person designated by the local education agency must visually inspect each functional space where such action was conducted to determine whether the action has been properly completed.

2. A licensed project monitor designated by the local education agency must collect air samples using aggressive sampling as described in 40 CFR Part 763, Subpart E, Appendix A, to monitor air for clearance after each removal, encapsulation, and enclosure project involving ACM, except for projects that are small scale short durations as defined in 454 CMR 28.02.

3. Local education agencies must have air samples collected under 454 CMR 28.12(6)(h) analyzed for asbestos using laboratories accredited by the National Institute of Standards and Technology with current certification from DLS to conduct such analysis using transmission electron microscopy (TEM) or, under circumstances permitted in 454 CMR 28.12(6)(h), laboratories enrolled in the American Industrial Hygiene Association Proficiency Analytical Testing Program for phase contrast microscopy (PCM).

4. Except as provided in 454 CMR 28.12(5) and (6), an action to remove, encapsulate, or enclose ACM must be considered complete when the average concentration of asbestos of five air samples collected within the affected functional space and analyzed by the TEM method in 40 CFR Part 763, Subpart E, Appendix A, is not statistically significantly different, as determined by the Z-test calculation found in Appendix A from the average asbestos concentration of five air samples collected at the same time outside the affected functional space and analyzed in the same manner, and the average asbestos concentration of the three field blanks described in Appendix A is below the filter background level, as defined in Appendix A, of 70 structures per square millimeter (70 s/sq mm).

5. An action must also be considered complete if the volume of air drawn for each of the five samples collected within the affected functional space is equal to or greater than 1,199 liters 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, as defined in Appendix A, of 70 structures per square millimeter (70 s/sq mm). If the average concentration of asbestos of the five air samples within the affected functional space exceeds 70 structures per square millimeter (70 s/sq mm), or if the volume of air in each of the samples is less than 1,199 liters of air for a 25 mm filter or less than 2,799 liters of air for a 37 mm filter the action must be considered complete only when the requirements of 454 CMR 28.12(4) or (6) are met.

6. At any time, a local education agency may analyze air monitoring samples collected for clearance purposes by phase contrast microscopy (PCM) to confirm completion of removal, encapsulation, or enclosure of ACM that is greater than a small scale short duration as defined in 454 CMR 28.02, and less than or equal to 160 square feet or 260 linear feet. The action must be considered complete when the results of samples collected in the affected functional space and analyzed by phase contrast microscopy using the most current National Institute for Occupational Safety & Health (NIOSH) Method 7400, Issue 3, dated April 29, 2019 show that the concentration of fibers for each of the five or more samples is less than or equal to a limit of quantitation for PCM - 0.01 fibers per cubic centimeter (0.01 f/cc) of air.

7. To determine the amount of ACM affected under 454 CMR 28.12(6), the local education agency must add the total square or linear footage of ACM within the containment barriers used to isolate the functional space for the action to remove, encapsulate, or enclose the ACM. Contiguous portions of material subject to such action conducted concurrently or at approximately the same time within the same school building must not be separated to qualify under 454 CMR 28.12(6).

(i) The requirements of 454 CMR 28.12(6) in no way supersede the worker protection and work practice requirements under any applicable state regulation, including M.G.L. c. 149, § 61/2.

(7) Operations and Maintenance (O & M).

(a) Applicability. The local education agency must implement an O & M program under 454 CMR 28.12(7) whenever any friable ACM is present or assumed to be present in a building that it leases, owns, or otherwise uses as a school building. Any material identified as non-friable ACM or non-friable assumed ACM must be treated as friable ACM for purposes of 454 CMR 28.12(7) when the material is about to become friable as a result of activities performed in the school building.

(b) Cleaning.
1. Initial Cleaning. Unless the building has been cleaned using equivalent methods within the previous six months, all areas of a school building where friable ACM, damaged or significantly damaged thermal system insulation ACM, or friable suspected ACM assumed to be ACM are present must be cleaned at least once after the completion of the required initial inspection under 454 CMR 28.13(7)(a) and before the initiation of any response action, other than O & M activities or repair, according to the following procedures:
a. HEPA-vacuum or steam-clean all carpets;

b. HEPA-vacuum or wet-clean all other floors and all other horizontal surfaces; and c. Dispose of all debris, filters, mop heads, and cloths in sealed, leak-tight containers.

2. Additional Cleaning. The licensed management planner must make a written recommendation to the local education agency whether additional cleaning is needed, and if so, the methods and frequency of such cleaning.

(c) Operations and Maintenance Activities. The local education agency must ensure that the procedures described in 454 CMR 28.12(7)(c)1. through 6. to protect building occupants must be followed for any operations and maintenance activities disturbing friable ACM.
1. Restrict entry into the area by persons other than those necessary to perform the maintenance project, either by physically isolating the area or by scheduling.

2. Post signs to prevent entry by unauthorized persons.

3. Shut off or temporarily modify the air-handling system and restrict other sources of air movement.

4. Use work practices or other controls, such as: wet methods, protective clothing, HEPA-vacuums, mini-enclosures or glove bags, as necessary to inhibit the spread of any released fibers.

5. Clean all fixtures or other components in the immediate work area.

6. Place the asbestos debris and other cleaning materials in a sealed, leak-tight container.

(d) Maintenance Activities Other than Small Scale Short Duration Ones. The response action for any maintenance activities disturbing friable ACM, other than small scale short durations, must be designed by persons licensed to design response actions and conducted by persons licensed to conduct response actions.

(e) Fiber Release Episodes.
1. Minor fiber release episode. The local education agency must ensure that the procedures described below are followed in the event of a minor fiber release episode (i.e., the falling or dislodging of three square or linear feet or less of friable ACM).
a. Thoroughly saturate the debris using wet methods;

b. Clean the area, as described in 454 CMR 28.13(7)(d);

c. Place the asbestos debris in a sealed, leak-tight container;

d. Repair the area of damaged ACM with materials such as; asbestos-free spackling, plaster, cement, or insulation; or seal with latex paint or an encapsulant; or immediately have the appropriate response action implemented as required by 454 CMR 28.13(2).

2. Major Fiber Release Episode. The local education agency must ensure that the procedures described in 454 CMR 28.12(7)(e)2.a. through d. are followed in the event of a major fiber release episode (i.e., the falling or dislodging of more than three square or linear feet of friable ACM).
a. Restrict entry into the area and post signs to prevent entry into the area by persons other than those necessary to perform the response action.

b. Shut off or temporarily modify the air-handling system to prevent the distribution of fibers to other areas in the building.

c. The response action for any major fiber release episode must be designed by persons licensed to design response actions and conducted by persons licensed to conduct response actions.

d. The local education agency must notify the Department of any major fiber release episode within 24 hours of its occurrence and, if necessary, provide written notification as required by applicable federal and/or state regulations.

(8) Training and Periodic Surveillance.

(a) Training.
1. The local education agency must ensure, prior to the implementation of the O & M provisions of the management plan, that all members of its maintenance and custodial staff (custodians, electricians, heating/air conditioning engineers, plumbers, etc.) who may work in a building that contains ACM receive awareness training of at least two hours, whether or not they are required to work with ACM. New custodial and maintenance employees must be trained within 60 days after commencement of employment. Training must include, but not be limited to:
a. Information regarding asbestos and its various uses and forms;

b. Information on the health effects associated with asbestos exposure;

c. Locations of ACM identified throughout each school building in which they work;

d. Recognition of damage, deterioration, and delamination of ACM; and

e. Name and telephone number of the person designated to carry out general local education agency responsibilities under 454 CMR 28.13(1) and the availability and location of the management plan.

2. The local education agency must ensure that all members of its maintenance and custodial staff who conduct any activities that will result in the disturbance of ACM must receive training described in 454 CMR 28.13(1) and 14 hours of additional training. Additional training must include, but not be limited to:
a. Descriptions of the proper methods of handling ACM;

b. Information on the use of respiratory protection as contained in the EPA/NIOSH Guide to Respiratory Protection for the Asbestos Abatement Industry, September 1986 (EPA 560/OPTS-86-001), as amended, and other personal protection measures;

c. The provisions of 454 CMR 28.13(7), 40 CFR Part 763, Subpart E, Appendices A, B, C, D of EPA regulations contained in 40 CFR Part 763, Subpart G, and in 40 CFR Part 61 , Subpart M, and OSHA regulations contained in 29 CFR 1926.1101, as respectively amended; and M.G.L. c. 149, § 6G; and

d. Hands-on training in the use of respiratory protection, other personal protection measures, and good work practices.

3. Local education agency maintenance and custodial staff who have attended a training program accredited under the EPA Model Accreditation Plan, which includes as a minimum all of the training requirements listed in 454 CMR 28.13(8), must be considered trained for the purposes of 454 CMR 28.13(8).

(b) Periodic Surveillance.
1. At least once every six months after a management plan is in effect, each local education agency must conduct periodic surveillance in each building that it leases, owns, or otherwise uses as a school building that contains ACM or is assumed to contain ACM. The reinspection required every three years under 454 CMR 28.13(2) will satisfy the six month periodic surveillance requirement if the reinspection coincides with the date of the six month surveillance inspection.

2. Each person performing periodic surveillance must:
a. Visually inspect all areas that are identified in the management plan as ACM or assumed ACM;

b. Record the date of the surveillance, his or her name, and any changes in the condition of the materials; and

c. Submit to the person designated to carry out general local education agency responsibilities under 454 CMR 28.13(1) a copy of such record for inclusion in the management plan.

(9) Management Plans

(a) Each local education agency must develop an asbestos management plan for each school, including all buildings that they lease, own, or otherwise use as school buildings, and submit the plan to the Department.

(b) Each local education agency must implement its management plan prior to its use or occupancy of the building or part of the building as a school.

(c) Each local education agency shall maintain and update its management plan to keep it current with ongoing operations and maintenance, periodic surveillance, inspection, reinspection, and response action activities. All provisions required to be included in the management plan under 454 CMR 28.12(9) shall be retained as part of the management plan, as well as any information that has been revised to bring the plan up-to-date.

(d) The management plan shall be developed by a licensed management planner and shall include:
1. A list of the name and address of each school building and whether the school building contains friable ACM, non-friable ACM and friable and non-friable suspected ACM assumed to be ACM;

2. A list of specific steps or actions to be completed prior to the use or occupancy of the building or part of the building as a school;

3. For each inspection conducted before December 14, 1987:
a. The date of the inspection;

b. A blueprint, diagram, or written description of each school building that identifies clearly each location and approximate square or linear footage of any homogeneous or sampling area where material was sampled for ACM, and, if possible, the exact locations where bulk samples were collected, and the dates of collection;

c. A copy of the analyses of any bulk samples, dates of analyses, and a copy of any other certified Asbestos Analytical Service reports pertaining to the analyses;

d. A description of any response actions or preventive measures taken to reduce asbestos exposure including, if possible, the names and addresses of all contractors involved, start and completion dates of the work, and results of any air samples analyzed during and upon completion of the work; and

e. A description of assessments, required to be made under 454 CMR 28.13(5) of material that was identified before December 14, 1987, as friable ACM or friable suspected ACM assumed to be ACM, and the name, signature, and current license and training certificate, and if applicable, accreditation number of each licensed person making the assessments.

4. For each inspection and reinspection conducted under 454 CMR 28.13(2):
a. The date of the inspection or reinspection, and the name and signature, current license and training certificate inspector performing the inspection or reinspection;

b. Blueprint, diagram, or written description of each school building which identifies clearly each location and approximate square or linear footage of homogeneous areas where material was sampled for ACM, the exact location where each bulk sample was collected, date of collection, homogeneous areas where friable suspected ACM is assumed to be ACM, and where nonfriable suspected ACM is assumed to be ACM;

c. A description of the manner used to determine sampling locations, and the name and signature of each licensed inspector collecting samples, a copy of the current license and training certificate;

d. A copy of the analyses of any bulk samples collected and analyzed, the name and address of any Asbestos Analytical Service that analyzed bulk samples, a statement that the Asbestos Analytical Service meets the applicable requirements of454 CMR 28.13(4), the date of analysis, and the name and signature of the person performing the analysis; and

e. A description of assessments, required to be made under 454 CMR 28.13(5), of all ACM and suspected ACM assumed to be ACM, and the name, signature, current license and training certificate, and if applicable, accreditation number of each licensed person making the assessments.

5. The name, address, and telephone number of the person designated under 454 CMR 28.13(1) to ensure that the duties of the local education agency are carried out, and the course name, and dates and hours of training taken by that person to carry out the duties;

6. The recommendations made to the local education agency regarding response actions, per 454 CMR 28.13(6)(e), including the name, signature, current license and training certificate of each person making the recommendations.;

7. A detailed description of preventive measures and response actions to be taken, including methods to be used for any friable ACM, the locations where such measures and action will be taken, reasons for selecting the response action or preventive measure, and a schedule for beginning and completing each preventive measure and response action;

8. With respect to the person or persons who inspected for ACM and who will design or carry out response actions, except for operations and maintenance with respect to the ACM, a statement that the person has current license(s) and training;

9. A detailed description, which shall be updated as response actions are completed, in the form of a blueprint, diagram, or in writing of any ACM or suspected ACM assumed to be ACM which remains in the school once response actions are undertaken pursuant to 454 CMR 28.13(6);

10. A plan for reinspection under 454 CMR 28.13(2), a plan for operations and maintenance activities under 454 CMR 28.13(7) and a plan for periodic surveillance under 454 CMR 28.13(8), a description of the recommendation made by the management planner regarding additional cleaning of 454 CMR 28.13(7)(b)2. as part of an operations and maintenance program, and the response of the local education agency to the recommendations issued;

11. A description of steps taken to inform workers and building occupants, or their legal guardians, about inspections, reinspections, response actions, and post-response action activities, including periodic reinspection and surveillance activities that are planned or in progress;

12. An evaluation of the resources needed to complete response actions successfully and carry out reinspection, operations and maintenance, periodic surveillance and training; and

13. With respect to each consultant who contributed to the management plan, the name, license and current training of the individual.

(e) Upon submission of a management plan to the Department, a local education agency shall maintain in its administrative office a complete, updated copy of a management plan for each school under its administrative control or direction.
1. The management plans shall be available, without cost or restriction, for inspection by representatives of EPA and the State, the public, including teachers, other school personnel and their representatives, and parents. The local education agency may charge a reasonable cost to make copies of management plans.

2. Each school shall maintain in its administrative office a complete, updated copy of the management plan for that school. Management plans shall be available for inspection, without cost or restriction, to workers before work begins in any area of a school building. The school shall make management plans available upon demand for inspection to representatives of EPA and the State. The school shall make management plans available to the public, including parents, teachers, and other school personnel and their representatives within five working days after receiving a request for inspection. The school may charge a reasonable cost to make copies of the management plan.

3. Upon submission of its initial management plan to the Department and at least once each school year, the local education agency shall notify in writing parents, teachers, and employee organizations of the availability of management plans and shall include in the management plan a description of the steps taken to notify such organizations, and a dated copy of the notification. In the absence of any such organizations for parents, teachers, or employees, the local education agency shall provide written notice to that relevant group of the availability of management plans and shall include in the management plan a description of the steps taken to notify such groups, and a dated copy of the notification.

(f) Records required under 454 CMR 28.13(10) shall be made by local education agencies and maintained as part of the management plan.

(g) Each management plan must contain a true and correct statement, signed by the individual designated by the local education agency under 454 CMR 28.13(1), which certifies that the general local education agency responsibilities, as stipulated by 454 CMR 28.13(1) have been met or will be met.

(10) Recordkeeping.

(a) Records required under 454 CMR 28.13(10) shall be maintained in a centralized location in the administrative office of both the school and the local education agency as part of the management plan. For each homogeneous area where all ACM has been removed, the local education agency shall ensure that such records are retained for three years after the next reinspection required under 454 CMR 28.13(2)(b)1.

(b) For each preventive measure and response action taken for friable and non-friable ACM and friable and non-friable suspected ACM assumed to be ACM, the local education agency shall maintain as part of the management plan the following:
1. A detailed written description of the measure or action, including methods used, the location where the measure or action was taken, reasons for selecting the measure or action, start and completion dates of the work, names and addresses of all contractors involved, and if applicable, their current license and training certificate, and if ACM is removed, the name and location of storage or disposal site of the ACM; and

2. The name, signature, current license and training certificate of any person collecting any air sample required to be collected at the completion of certain response actions specified by 454 CMR 28.13(6)(h), the locations where samples were collected, date of collection, the name and address of the Asbestos Analytical Service analyzing the samples, the date of analysis, the results of the analysis, the method of analysis, the name and signature of the person performing the analysis, and a statement that the Asbestos Analytical Service meets the applicable requirements of 454 CMR 28.13(6)(h)3.

(c) For each person required to be trained under 454 CMR 28.13(8)(a)1. and 2., the local education agency shall record the person's name and job title, the date that training was completed by that person, the location of the training, and the number of hours completed in such training.

(d) For each time that periodic surveillance under 454 CMR 28.13(8)(b) is performed, the local education agency shall record the name of each person performing the surveillance, the date of the surveillance, and any changes in the conditions of the materials.

(e) For each time that cleaning under 454 CMR 28.13(7)(b) is performed, the local education agency shall record the name of each person performing the cleaning, the date of such cleaning, the locations cleaned, and the methods used to perform such cleaning.

(f) For each time that an operations and maintenance activity under 454 CMR 28.13(7)(c) of is performed, the local education agency shall record the name of each person performing the activity, the start and completion dates of the activity, the locations where such activity occurred, a description of the activity including preventive measures used, and if ACM is removed, the name and location of the storage or disposal site of the ACM.

(g) For each time that major asbestos activity under 454 CMR 28.13(7) is performed, the local education agency shall record the name and signature, current license and training certificate of each person performing the activity, the start and completion dates of the activity, the locations where such activity occurred, a description of the activity, including preventive measures used, and if ACM is removed, the name and location of the storage or disposal site of the ACM.

(h) For each fiber release episode under 454 CMR 28.13(7)(e), the local education agency shall record the date and location of the episode, the method of repair, preventive measures or response action taken, the name of each person performing the work, and if ACM is removed, the name and location of the storage or disposal site of ACM.

(11) Warning Labels.

(a) The local education agency must attach a warning label adjacent to any friable or nonfriable ACM or suspected ACM assumed to be ACM located in routine maintenance areas (such as boiler and mechanical rooms) and storage areas at each school building. These labels must be placed adjacent to the following locations:
1. Friable ACM for which the response was any action other than removal; and

2. ACM for which no response action was carried out.

(b) All labels must be of large size and prominently displayed in readily visible locations so that persons may read the signs and take necessary protective steps before entering the area. All labels must remain posted until the ACM that is labeled is removed.

(c) The warning label shall read, in bright colors, as follows:

CAUTION: ASBESTOS, HAZARDOUS, DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT.

(d) The local education agency must post these labels in a bilingual form whenever it determines that a significant employee population requires a translated format.

(12) Exclusions.

(a) A local education agency shall not be required to perform an inspection under 454 CMR 28.13(2)(a) in any sampling area or homogeneous area of a school building where any of the following conditions apply.
1. A licensed inspector has determined that, based on sampling records, friable ACM was identified in that homogeneous or sampling area during an inspection conducted before December 14, 1987. The inspector must sign and date a statement to that effect with his or her current license and training certificate and if applicable, accreditation number and, within 30 days after such determination, submit a copy of the statement to the person designated under 454 CMR 28.13(1) for inclusion in the management plan. However, a licensed inspector must assess the friable ACM under 454 CMR 28.13(6).

2. A license inspector has determined, based on sampling records, that non-friable ACM was identified in that homogeneous or sampling area during an inspection conducted before December 14, 1987. The inspector must sign and date a statement to that effect with his or her current license and training certificate and within 30 days after such determination, submit a copy of the statement to the person designated under 454 CMR 28.13(2)(a) for inclusion in the management plan. However, an inspector must identify whether material that was non-friable has become friable since that previous inspection and must assess the newly friable ACM under 454 CMR 28.13(5).

3. Based on sampling records and inspection records, a licensed inspector has determined that no ACM is present in the homogeneous or sampling area and the records show that the area was sampled, before December 14, 1987, under 454 CMR 28.13(2)(a), in a random manner and with a sufficient number of samples to reasonably ensure that the area is not ACM.
a. The inspector must sign and date a statement, with his or her current license and training certificate, that the homogeneous or sampling area determined not to be ACM was sampled in substantial compliance with 454 CMR 28.13(2)(a);

b. Within 30 days after the inspector's determination, the local education agency must submit a copy of the inspector's statement to the Department and must include the statement in the management plan for that school.

4. A licensed inspector has determined, based on records of an inspection conducted before December 14, 1987, that suspected ACM identified in that homogeneous or sampling area is assumed to be ACM. The inspector must sign and date a statement to that effect, with his or her current license and training certificate, within 30 days of such determination, submit a copy of the statement to the person designated under 454 CMR 28.13(5) for inclusion in the management plan. However, an inspector must identify whether material that was non-friable suspected ACM assumed to be ACM has become friable since the previous inspection and must assess the newly friable material and previously identified friable suspected ACM assumed to be ACM under 454 CMR 28.13(5).

5. Based on inspection records and contractor and clearance records, an inspector has determined that no ACM is present in the homogeneous or sampling area where asbestos removal operations have been conducted before December 14, 1987 and must sign and date a statement to that effect and include his or her current license and training certificate and, if applicable, accreditation number. The local education agency must submit a copy of the statement to the Department and must include the statement in the management plan for that school.

6. An architect or project engineer responsible for the construction of a new school building built after October 12, 1988, or a licensed inspector signs a statement that no ACM was specified as a building material in any construction document for the building, or, to the best of his or her knowledge, no ACM was used as a building material in the building. The local education agency must submit a copy of the signed statement of the architect, project engineer, or licensed inspector to the Department and must include the statement in the management plan for that school.

(b) The exclusions, under 454 CMR 28.12, from conducting the inspection under 454 CMR 28.13(2)(a), must apply only to homogeneous or sampling areas of a school building that were inspected and sampled before October 17, 1987. The local education agency must conduct an inspection under 454 CMR 28.13(2)(a) of all areas inspected before October 17, 1987 that were not sampled or were not assumed to be ACM.

(c) If ACM is subsequently found in a homogeneous or sampling area of a local education agency that had been identified as receiving an exclusion by an inspector under 454 CMR 28.13(12)(a)3. or 4., or by an architect, project engineer or licensed inspector under 454 CMR 28.13(12)(a)6. the local education agency shall have 180 days following the date of identification of ACM to comply with 454 CMR 28.00.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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