Section 28.10 - Work Practices and Other Requirements for Asbestos Response Actions(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).Adopted by Mass Register Issue 1440, eff. 4/2/2021.Amended by Mass Register Issue 1486, eff. 1/6/2023.