Section 28.06 - Certification and Other Requirements for Asbestos Analytical Services(1)Scope of Services. Businesses or persons who provide, engage in or work at the business of providing Asbestos Analytical Services must be duly certified pursuant to 454 CMR 28.06 prior to engaging in such work and must otherwise comply with the requirements of 454 CMR 28.06. Certified Asbestos Analytical Services may only engage in and provide those services for which they are certified. Separate certification is granted for each class of Asbestos Analytical Service, as set forth at 454 CmR 28.06(2)(a) through (d).(2) Applicants for certification as providers of Asbestos Analytical Services shall receive separate approval to provide the services listed at 454 CMR 28.06(2)(a) through (d). (a) Class A Certification holders shall be authorized to use polarized light microscopy (PLM) for the analysis of bulk asbestos samples originating in all facilities and locations subject to the requirements of454 CMR 28.00, including school buildings and other facilities subject to the requirements of MA AHERA 454 CMR 28.13.(b) Class B Certification holders shall be authorized to use polarized light microscopy (PLM) for the analysis of bulk asbestos samples originating in all facilities and locations subject to the requirements of 454 CMR 28.00, except school buildings and other facilities subject to the requirements of MA AHERA 454 CMR 28.13.(c) Class C Certification holders shall be authorized to use phase contrast microscopy (PCM) for the analysis of air samples originating in all facilities and locations subject to the requirements of 454 CMR 28.00, including school buildings and other facilities subject to the requirements of MA AHERA 454 CMR 28.13.(d) Class D Certification holders shall be authorized to use transmission electron microscopy (TEM) for the analysis of air and bulk asbestos samples originating in all facilities and locations subject to the requirements of 454 CMR 28.00, including school buildings and other facilities subject to the requirements of MA AHERA 454 CMR 28.13.(3)Application for Certification as a Provider of Asbestos Analytical Services. Applicants for certification as providers of Analytical Services shall submit the following to the Director: (a) A completed application form with attachments as prescribed by the Director, which shall, at a minimum, include the following:1. A list of all names, acronyms or other identifiers by which the applicant does or has done business, and the address(es) and telephone number(s) of the business.2. The type(s) of approval/certification listed at 454 CMR 28.06(2)(a) through (d) for which the applicant is applying.3. A list of the states in which the applicant holds, or has held, a license or certification, accreditation, or other approval for Asbestos Analytical Services.4. Corporate Articles of Organization and a Certificate of Good Standing issued by the Massachusetts Secretary of the Commonwealth or a business certificate, if applicable, for the Asbestos Analytical Service of the applicant issued by the city or town where the business is located.5. A certified and notarized statement by a Responsible Person of the applicant that the applicant has paid all tax obligations current and due to the Commonwealth as of the date of application.6. A certificate of insurance or a letter of binder from an insurance carrier indicating that the work to be performed by the applicant is covered by a current workers' compensation policy or self-insurance program acceptable to the Commonwealth or a notarized statement that the Asbestos Analytical Service has no employees.7. A list of all citations or notices of violation relating to occupational health and safety and environmental protection, including notices of noncompliance, notices of responsibility, notices of intent to assess an administrative penalty, orders, consent orders and court judgments, received by the Responsible Persons of the applicant in the five years prior to the date of application, and the issuing agency or department and final disposition of such citation or notice.8. A list of the names and addresses of all persons designated as Asbestos Analytical Service Supervisors of the Asbestos Analytical Service pursuant to 454 CMR 28.06(4)(a) and (b).9. A listing of all Responsible Persons and employees of the applicant who will be performing asbestos analysis.10. Legible copies of certificates of training or other training records for all persons listed at 454 CMR 28.06(3)(a)8., indicating that each such person has fulfilled the applicable asbestos analytical training required by 454 CMR 28.06(5)(d).(b) A copy of the laboratory standard operating procedures manual for asbestos analysis performed by the applicant, which shall minimally include: 1. Copies of all applicable analytical protocols and procedures referenced at 454 CMR 28.06(6);2. An inventory of the analytical equipment used by the applicant, with a description of associated equipment calibration and maintenance procedures and schedules;3. A description of chain of custody procedures, including handling, storage and disposal procedures for asbestos samples; and4. A description of the quality control procedures and programs utilized by the applicant.(c) Results indicating proficiency in the two most recent rounds of the applicable quality control program(s) required by 454 CMR 28.06(5). Documentation shall be in the form of legible copies of official correspondence or certificates from the provider of the applicable quality control program. Applicants from within the Commonwealth seeking Certification as Class B or Class C Analytical Service Provider may submit the single most recent quality control round result, but their Certification and approval pursuant to 454 CMR 28.06(2) may be contingent upon the results of a laboratory inspection at the discretion of the Director.(d) A fee payable to the Commonwealth of Massachusetts in the amount of the entire annual fee established for such Certification by M.G.L. c. 7, § 3B, plus any applicable surcharges. An applicant that is concomitantly applying for a Certification as an Asbestos Consulting Firm pursuant to 454 CMR 28.07 need only pay one fee. A schedule of asbestos and lead licensing fees and surcharges is available from any Department office upon request. If the Director denies, revokes, suspends or refuses to renew a Certification for reasons specified in 454 CMR 28.16, the fee payment is not refundable.(e) Such other information as the Director may reasonably require.(4)Renewal of an Asbestos Analytical Service Certification. A Certification issued by the Department to an Analytical Service Provider is valid for a period of one year. The Director may renew an Asbestos Analytical Service Certification upon written application for renewal by the Certification holder. Renewal applications should be submitted to the Department no later than 30 calendar days before the expiration of the current Certification. The submission of a renewal application later than 30 days before the expiration of the current Certification may result in renewal after the expiration of the current Certification. Said application for renewal shall include submission of the items referenced at 454 CMR 28.06(3)(a) through (e). Applicants may submit application for renewal at Department's website for renewal with the following provisions of 454 CMR 28.06(4):
(a) Applicant may submit readable electronic versions of updated materials in lieu of printed materials.(b) Application for renewal must be received at least 14 days prior, but not more than 30 days in advance, to allow for processing.(5)Operating Requirements for Analytical Service Provider. Because of the highly diversified, technical nature of asbestos analysis, comprehensive requirements for the conduct of the work are not set forth in 454 CMR 28.00. Certified providers of Analytical Services shall conduct asbestos analytical work in accordance with officially recognized methodologies and generally accepted industrial hygiene laboratory practices. Providers of Analytical Services shall minimally adhere to the following operating requirements, as a condition of certification: (a)Designation of Asbestos Analytical Service Supervisor. Applicants for certification as providers of Analytical Services shall designate a qualified Asbestos Analytical Service Supervisor, who shall be jointly responsible with other Responsible Persons of the Certified Asbestos Analytical Service, if any, for the adherence to the applicable analytical protocols, the maintenance of proper quality control procedures and the accuracy of the analytical results.(b)Use of Personnel. The Asbestos Analytical Service Supervisor and the Responsible Persons of the Certified Asbestos Analytical Service shall ensure that no person shall perform, or be directed to perform, any asbestos analysis in the direct business interest of an Asbestos Analytical Service, unless that person is a Responsible Person or an employee of said Asbestos Analytical Service.(c)Possession of Adequate Equipment and Supplies. Analytical Service Provider shall possess all equipment and supplies necessary to perform the services offered. Equipment shall be calibrated and maintained as specified by the analytical protocols used or generally accepted industrial hygiene practices.(d)Training. All employees and Responsible Persons of an Asbestos Analytical Service who perform any asbestos analysis shall have successfully completed appropriate training, as specified at 454 CMR 28.05(4)(d)1. through 3.:1.Training Requirements for Class A and Class B Certification. All employees and Responsible Persons of Class A and Class B Analytical Service Provider shall have successfully completed an approved course of training in the techniques and procedures for identification of asbestos in bulk samples (e.g., McCrone Research Institute Asbestos Bulk Analysis course, or an equivalent course acceptable to the Director).2.Training Requirements for Class C Certificates. All employees and Responsible Persons of Class C Analytical Service Provider shall have successfully completed the NIOSH #582 Course, "Sampling and Evaluating Airborne Asbestos" or an equivalent course acceptable to the Director.3.Training Requirements for Class D Certificates. All employees and Responsible Persons of Class D Analytical Service Provider shall have successfully completed an approved course of training in the techniques and procedures for identification of asbestos in air samples using TEM (e.g., McCrone Research Institute Asbestos Analysis by Transmission Electronic Microscopy course), or an equivalent course acceptable to the Director.(6)Required Participation in Quality Control Testing Programs. All Certified Analytical Service Providers shall participate and maintain proficiency or accreditation in official quality control testing programs, as specified at 454 CMR 28.06(5)(a) through (d): (a) Certified Class A Analytical Service Provider shall maintain accredited status in the National Voluntary Laboratory Accreditation Program of the NIST.(b) Certified Class B Analytical Service Provider shall:1. Maintain accredited status in the National Voluntary Laboratory Accreditation Program of the NIST; or2. Maintain proficiency in the Bulk Asbestos Quality Assurance Program of the American Industrial Hygiene Association or in an equivalent quality assurance program acceptable to the Director.(c) Certified Class C Analytical Service Provider shall:1. Participate and maintain proficiency in the Proficiency Analytical Testing (PAT) Program of the American Industrial Hygiene Association; and2. Ensure that they also comply with one of the following:a. All analysts performing Class C analysis are listed in the Asbestos Analysts Registry (AAR) of the American Industrial Hygiene Association and maintain proficiency in the Asbestos Analysis Testing (AAT) Program of the American Industrial Hygiene Association (AIHA); orb. All analysts performing Class C analysis participate in an annual Department provided Asbestos Analysts Testing Program, orc. The Asbestos Analytical Service maintains accreditation through the AIHA Industrial Hygiene Laboratory Accreditation Program (IHLAP) for Phase Contrast Microscopy (PCM).(d) Certified Class D Analytical Service Provider shall maintain accredited status in "Airborne Asbestos Fiber Analysis" in the National Voluntary Laboratory Accreditation Program (NVLAP) of the NIST.(7)Required Use of Official Analytical Protocols. In performing asbestos analysis, Certified Analytical Service Provider shall use official protocols, as set forth at 454 CMR 28.06(6)(a) through (c): (a) Certified Class A and Class B Analytical Service Provider shall use the "Interim Method for the Determination of Asbestos in Bulk Insulation Samples" found at 40 CFR Part 763 , Appendix A through Subpart F (cannot be used to analyze non-friable organically bound materials) or the "Method for the Determination of Asbestos in Bulk Building Materials" (EPA/600/R-93/116) for the analysis of bulk asbestos samples by polarizing light microscopy.(b) Certified Class C Analytical Service Provider shall use the NIOSH Method 7400 for the determination of asbestos in clearance air monitoring samples and air samples collected to assess environmental asbestos exposures. Analytical services may use either the NIOSH Method 7400 or the OSHA Reference Method (29 CFR Part 1910.1001 , Appendix A, 51 FR No. 119, 22739, June 20, 1986) for the analysis of personal air monitoring samples.(c) Certified Class D Analytical Service Provider shall use the "Interim Transmission Electron Microscopy Methods - Mandatory and Nonmandatory - and Mandatory Section to Determine Completion of Response Actions", referenced at 40 CFR Part 763, Appendix A, for airborne asbestos analysis by TEM.(8)Requirement to Maintain Records. Analytical Service Provider shall maintain records, as provided by 454 CMR 28.15.(9)Requirement for Microscope Calibration When NIOSH Method 7400 is Used. Where the NIOSH Method 7400 is used for the determination of asbestos in air samples, the alignment of the microscope utilized for the analysis shall be checked and adjusted if necessary and the phase shift detection limit ascertained as specified in the Method.(a) These checks shall be carried out at least daily each day analysis is performed or each time the microscope is moved to a new location, whichever is more frequent.(b) A centering telescope for the microscope being used and an HSE/NPL phase contest test slide shall be available at the location where the analysis is being carried out.(c) Maintain as part of the laboratory quality assurance program a set of reference slides to be used on a daily basis, per the 7400 Method item 12(A), and estimate the laboratory intra-and inter-microscopist precision, per 12(B). Reference slides shall be changed as often as necessary to ensure that the analyst does not become accustomed to the slides.(d) Perform blind recounts by the same microscopist on 10% of filters counted (slides relabeled by a person other than the microscopist) using the appropriate calculation to determine whether a pair of counts by the same microscopist on the same filter shall be rejected, per 7400 Method item 14.(e) Records of all calibration procedures listed under 454 CMR 28.06(8) shall be maintained as records, as provided by 454 CMR 28.06(8), as well as records of all repairs and maintenance of the microscope.(10)Maintenance, Submission and Retention of Records. Analytical Service Providers, shall maintain the records as indicated at 454 CMR 28.06(10)(b) through (d) and make said records available to the Director upon request. Entities shall provide photocopies of such records or documents within ten business days of receipt of a written request from the Director. Records and documents required to be kept by 454 CMR 28.06 shall be retained for a period of 30 years from the date of project or activity completion. Entities or persons ceasing to do business, or relocating the principal place of business shall so notify the Director in writing within 30 days of such event. The Director, on receipt of such notification may instruct that the records be surrendered to the Department, or may specify a repository for such records. The entity or person shall comply with the Director's instructions within 60 days. Certified Analytical Service Provider shall maintain the following records at the principal place of business:
(a) Copies of all documents required for Certification pursuant to 454 CMR 28.06, including quality control results.(b) Records of all analyses performed, including the identity of the sender, the field identification number, the laboratory identification number, the date collected, the location from which the sample was collected, the method used and the analytical results. Air sample results shall include the start and end times of the sample collection, the start and end flow rates and the sample volume.(c) Names, addresses, telephone numbers and training documents of each person who performed asbestos analysis for the Certified Asbestos Analytical Service, with the dates of employment or utilization.(d) Records of field and bench microscope calibrations as prescribed at 454 CMR 28.06(9).Adopted by Mass Register Issue 1440, eff. 4/2/2021.Amended by Mass Register Issue 1486, eff. 1/6/2023.Amended by Mass Register Issue 1489, eff. 1/6/2023.