454 Mass. Reg. 28.11

Current through Register 1523, June 7, 2024
Section 28.11 - Requirements and Work Practices for Floor and Wall Asbestos Operations and Maintenance Projects
(1)Applicability of Standards. Operations and Maintenance Projects, as defined at 454 CMR 28.02, shall be carried out in accordance with the requirements of 454 CMR 28.11. Where Operations and Maintenance Projects cannot be carried out in accordance with the requirements of 454 CMR 28.11, said Projects shall be carried out in accordance with 454 CMR 28.10. For buildings not subject to 454 CMR 28.13 (AHERA), the amount of material disturbed during Operations & Maintenance Projects shall not exceed ten square feet or 25 linear feet and is not the sum of the individual layers (ten square feet of floor tile and ten square feet of related asbestos mastics would be considered ten square feet of material).
(2)General Requirements for Asbestos Operations and Maintenance Projects.
(a)Exemption from Licensing Requirements; Requirements for Training.
1. Persons or entities who carry out Asbestos Operations and Maintenance Projects need not be certified as Asbestos Contractors or licensed as Asbestos Workers or Asbestos Supervisors, provided that all persons participating in the work have received the Asbestos Operations and Maintenance Projects Worker training specified by 454 CMR 28.05(8), and the applicable refresher training specified at 454 CMR 28.05(8)(a)4. and the work is conducted in accordance with the applicable provisions of 454 CMR 28.11.
2. Persons performing Operations and Maintenance Work involving only the removal of asphaltic shingles and felts according to requirements set forth at 454 CMR 28.11(5) may comply with the OSHA training requirements set forth at 29 CFR Part 1926.1101(k)(9)(iv) or the corresponding EPA training requirements specified by 40 CFR Part 763, Subpart G, as applicable, in lieu of fulfilling the training requirements of 454 CMR 28.05(8) and 28.05(8)(d).
3. Persons who have received the Asbestos Worker training specified at 454 CMR 28.05(4)(a) or the Asbestos Supervisor training specified at 454 CMR 28.05(4)(b) and the applicable refresher training specified at 454 CMR 28.05(5) will be considered to have met the training requirements for participation in Asbestos Operations and Maintenance Projects.
4. Persons carrying out Asbestos Operations and Maintenance Projects in their own single-family, owner-occupied homes are exempted from the training requirements of 454 CMR 28.05(8) and (8)(d).
(b)Personal Protection. All employees who perform Asbestos Operations and Maintenance Projects shall be comply with personal protection in accordance with the requirements of 454 CMR 28.04.
(c)Notification Requirements. Persons or entities carrying out Asbestos Operations and Maintenance Projects shall comply with the applicable notification requirements of 454 CMR 28.09 and 28.11.
(3)General Work Practice Requirements. Persons or entities carrying out, or having supervisory authority over Asbestos Operations and Maintenance Projects shall ensure that the work practice requirements of 454 CMR 28.11(3)(a) through (3)(k) are met. Persons or entities carrying out, or having supervisory authority over, Asbestos Operations and Maintenance Projects involving the removal or disturbance of: vinyl asbestos tile; sheet asbestos-containing floor coverings; asbestos-containing floor mastic; asbestos-containing gypsum board and joint compounds; shall additionally comply with the applicable requirements of 454 CMR 28.11(4) through (6).
(a) All persons not directly involved in the work shall be excluded from the Work Area for the duration of the project by physical barriers or other appropriate means.
(b) Dust tight barriers shall be constructed, as necessary, to ensure that asbestos-containing dust released during work activities is contained within the Work Area. Glove bags and prefabricated mini-enclosures are permitted in place of constructed barriers.
(c) Sources of electric power for power tools or other equipment used in the Work Area shall be ground fault circuit interrupter (GFCI) protected.
(d) ACM shall be wet with Amended Water before it is disturbed, and it shall be kept wet throughout the work operation until properly containerized. In accordance with 454 CMR 28.10(4)(d)1., an exception to the wetting requirement may be granted by the Director, where wetting of Asbestos-containing Material would create slipping, electrical or other safety hazards.
(e) Where ACM is being removed, it shall be removed in an intact state to the greatest feasible extent.
(f) Where power tools are used to cut, chip or abrade an Asbestos-containing Material, said power tools shall be equipped with HEPA-filtered local exhaust attachments specifically manufactured for the tools being used.
(g) Any friable ACM exposed as a result of the work operation shall be enclosed behind dust-tight barriers or encapsulated. Encapsulants shall not be applied to severely damaged or deteriorated ACM.
(h) HEPA vacuuming or wet cleaning shall be used to decontaminate the Work Area and any equipment used in the work operation until all surfaces are free of Visible Debris. The use of compressed air or dry-sweeping is prohibited.
(i) HEPA vacuums shall be emptied and decontaminated in accordance with 454 CMR 28.10(4)(b)6.
(j)Clearance Inspections. All surfaces within the Work Area shall be visually inspected for dust, debris and other particulate residue by persons who have been trained pursuant to 454 CMR 28.05(4)(c) or (f) who are not employees or Responsible Persons of the Contractor or other entity performing the work. The Work Area shall be repeatedly cleaned by the Contractor or other entity carrying out the work operation until the no Visible Debris criterion is achieved.
(k)Disposal Requirements. Asbestos-containing debris shall be containerized, labeled, transported and disposed in accordance with 454 CMR 28.10(4)(d)2. and (5)(i); 310 CMR 7.00: Air Pollution Control and 310 CMR 19.000: Solid Waste Management; the EPA National Emission Standard for Asbestos (NESHAP) as contained in 40 CFR Part 61, Subpart M; and other applicable state and federal standards.
(4)Special Procedures for the Removal of Asbestos Floor Tile, Sheet Floor Coverings and Asbestos Mastics as Operations and Maintenance Work.
(a)General Requirements.
1. Persons carrying out the removal of asbestos floor tile, sheet floor coverings and mastics must presume that said materials contain asbestos, unless asbestos bulk analysis or manufacturer's specifications indicate otherwise.
2. Asbestos floor tile, sheet floor coverings and mastics being removed must not be sanded, dry-swept, dry-scraped, drilled without a HEPA shroud, sawed, abrasive-blasted, mechanically chipped or pulverized.
3. All furniture and other movable objects must be removed from the Work Area before asbestos response action begins. All non-moveable objects in the Work Area must be wrapped or covered with six-mil thick (minimum) plastic sheeting. Plastic sheet coverings must be completely sealed with duct tape or equivalent.
4. The entire floor surface from which asbestos floor tile or sheet floor coverings are to be removed must be vacuumed with a HEPA vacuum prior to removal of the floor tile or coverings.
5. Work shall be in compliance with the Resilient Floor Coverings Institute (RFCI) document Recommended Work Practices for Removal of Resilient Floor Coverings Published January 2018 found at www.rfci.com and on the Department's website, incorporated by reference.
(b)Procedures for Removal of Asbestos Floor Tile.
1. Except as allowed by 454 CMR 28.11(4)(b)3., floor tiles must be wetted with amended water prior to removal and kept wet throughout the removal process.
2. Floor tiles must be individually removed by prying upward with hand scrapers or similar hand-held tools in a manner which minimizes breakage. Removal with spud-bars, ice scrapers or similar implements is not allowed. Where tile do not readily release from underlying mastic, the removal tool may be struck with a hammer to facilitate release. Floor tile must be removed in an intact state to the extent feasible.
3. Surfaces of tiles may be heated with a heat gun or other heat source to soften the adhesive and facilitate tile removal. Where heat is used to facilitate removal, the wetting of the tile specified by 454 CMR 28.11(4)(b)1. may be delayed until after release of the tile from the floor surface.
4. Removed floor tile and asbestos-contaminated debris within the Work Area must be promptly cleaned up and containerized while still wet. Containerized ACM must be removed from the Work Area at least once each working shift. Waste not containing components with sharp edges must be containerized in two plastic bags (six-mil minimum thickness each bag, one inside the other) or in metal, plastic or fiber drums with locking lids. Floor tile with sharp edges and sharp edged components likely to puncture the plastic bags specified above must be contained in leak-proof metal, plastic or plastic-lined, drums or boxes. The outer surface or layer of waste material shall be free of asbestos contamination before exiting the Work Area.
5. Following containerization of floor tile and associated debris, the floor surface must be HEPA-vacuumed while still wet and then allowed to dry.
6. Immediately after drying, the floor surface must be HEPA-vacuumed again before the visual inspection required by 454 CMR 28.11(3)(j) is performed.
(c)Procedures for Removal of Sheet Asbestos Flooring.
1. Where it is necessary to cut sheet asbestos flooring to facilitate handling, the same must be cut with a knife. Tearing or sawing of sheet asbestos flooring as a method of removal is prohibited.
2. Where sheet asbestos flooring adheres to the floor surface, points of adhesion must be continually misted or sprayed with amended water as these points are separated during the removal process. Hand scrapers or similar hand tools may be used to facilitate release of the sheet flooring from the underlying surface.
3. Removed sheet flooring and asbestos-contaminated debris within the Work Area must be promptly cleaned up and containerized while still wet. Containerized ACM must be removed from the Work Area at least once each working shift. Waste not having sharp-edged components must be containerized in two plastic bags (six-mil minimum thickness each bag, one inside the other) or in metal, plastic or plastic-lined drums or boxes. Removed material or debris with sharp edges and sharp edged components likely to puncture the plastic bags specified above must be contained in leak-proof metal, plastic or plastic-lined, drums or boxes. The outer surface or layer of waste material shall be free of asbestos contamination before exiting the Work Area.
4. Following containerization of sheet floor covering and associated debris, the floor surface must be HEPA-vacuumed while still wet and then allowed to dry.
5. Immediately after drying, the floor surface must be HEPA-vacuumed again before the visual inspection required by 454 CMR 28.11(3)(j) is performed.
(5)Special Procedures for the Removal or Repair of Asbestos-containing Gypsum Board/Joint Compound Systems as Operations and Maintenance Work.
(a) Where removal of sections of gypsum board is required, said sections must be removed intact to the greatest extent feasible.
(b) Where gypsum board/joint compound systems must be cut to allow removal or refitting of sections, only the minimum number of cuts necessary to accomplish said removal or refitting must be permitted.
(c) Manually operated tools or power tools fitted with HEPA-filtered vacuum attachments must be used for the cutting or resurfacing of asbestos-containing gypsum board/joint compound systems.
(d) Where manually operated tools are used for the cutting or resurfacing of gypsum board/joint compound systems, the area being cut must be continually misted with amended water during the cutting operation.
(e) Dry sanding of asbestos-containing wallboard/joint compound systems during refinishing operations must not be allowed; only wet sanding is permitted.
(f) Where holes of ½" or less in diameter are to be drilled through asbestos gypsum board/joint compound systems, the area encompassing the hole must be covered with a sufficient quantity of shaving foam, or other suitable engineering control, to catch the generated chips and dust. Where holes of greater than ½" are to be drilled, the area being drilled must be continually misted with Amended Water during the drilling operation.

454 CMR 28.11

Adopted by Mass Register Issue 1440, eff. 4/2/2021.