Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.02 - Definitions

Current through Register 1525, July 5, 2024
For the purpose of 454 CMR 28.00, the following definitions shall apply:
Accessible
. Material that is subject to disturbance by building occupants or custodial or maintenance personnel in the course of their normal activities.
Accredited
or
Accreditation
. Accredited in accordance with Title II of the Toxic Substance Control Act (TSCA), § 206, and the Department of Labor Standards.
Adequately Wet
. To sufficiently mix or penetrate with liquid to reduce the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted.
Aggressive Method
. Removal or disturbance of building material by sanding, abrading, grinding or other method that breaks, crumbles, or disintegrates intact ACM. When referring to clearance air sampling means to actively disturb air and dust to test for possible presence of asbestos.
AHERA
. The Asbestos Hazard Emergency Response Act,  15 U.S.C. §
									2641
et seq
., and the regulations promulgated thereunder, including 40 CFR Part 763.
Air Erosion
. The passage of air over friable asbestos-containing material (ACM) which may result in the release of asbestos fibers.
Amended Water
. Water to which a surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.
Asbestos
. The asbesti form varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite, actinolite, and any of these minerals that has been chemically treated and/or altered. For purposes of 454 CMR 28.00,
Asbestos
includes Presumed Asbestos Containing Material (PACM), as defined in 454 CMR 28.02:
Asbestos Containing Material (ACM)
.
Asbestos Abatement
. Any activity which has as its principal purpose the removal, enclosure or encapsulation of asbestos-containing material.
Asbestos Analytical Services
. Services involving the identification or measurement of asbestos in materials including, but not limited to:
(a) The counting or enumeration of asbestos fibers in the air (air monitoring); and
(b) The identification and quantification of asbestos in materials (bulk sample analysis), where such analyses are performed in connection with any asbestos hazard assessment, building inventory, exposure measurement, abatement project or associated project.
Asbestos Analytical Service Supervisor
. A person so designated pursuant to 454 CMR 28.06, who is jointly responsible, along with other responsible persons, if any, of a certified asbestos analytical service for the adherence to the applicable analytical protocols, the maintenance of proper quality control procedures and the accuracy of the analytical results.
Asbestos Associated Project
. Work operation involving the disturbance of three or fewer linear feet of asbestos located on pipes, ducts or wires or three or fewer square feet of asbestos surfacing located on structures or components other than pipes, ducts or wires and which does not have as its principal purpose the removal, enclosure or encapsulation of asbestos or asbestos containing material. Such activity shall include, but not be limited to, general building maintenance, electrical and low voltage wiring, plumbing, carpentry, masonry, HVAC and heating service.
Asbestos Associated Project Worker
. Any person who has successfully completed the training specified in 454 CMR 28.05(8) and whose work is limited to Asbestos Associated Projects.
Asbestos Consultants
. Licensed persons who perform design, oversight or assessment functions in asbestos abatement or asbestos hazard control, including asbestos inspectors, management planners, project designers and project monitors.
Asbestos Consulting Service
. Advice, analysis or assistance relating to one or more of the following: asbestos inspection, asbestos risk assessment, asbestos management planning, asbestos project design or asbestos project monitoring.
Asbestos Consulting Service Provider
. Any firm corporation business or entity who or which has a valid certificate issued by the Commonwealth pursuant to 454 CMR 28.07(1) for the purpose of entering into or engaging in the business of asbestos consulting services.
Asbestos Containing Material (ACM)
:
(a) Any material containing more than one percent asbestos, as determined by the methods set forth at 454 CMR 28.06(7) or any other method approved or recognized by the EPA for asbestos bulk sample analysis; or
(b) Any material designated as an asbestos-containing material by the EPA.
Asbestos Containing Waste (ACW)
. Any ACM removed during a demolition or renovation project and anything contaminated with asbestos in the course of a demolition or renovation project including, but not limited to, asbestos waste from control devices including filters, bags or containers that previously contained asbestos, contaminated clothing, materials used to enclose the work area during the demolition or renovation operation, and demolition or renovation debris.
Asbestos Contractor
. Any certified firm, corporation, business or other entity who performs, engages in or otherwise works at the business of Asbestos Abatement.
Asbestos Debris
. Pieces of ACM and PACM that can be identified by color, texture, or composition, or dust, if the dust is determined by an accredited inspector to be ACM.
Asbestos Inspector
. A licensed person who identifies, assesses the condition of, or collects pre-abatement samples of asbestos-containing materials.
Asbestos Management Planner
. A licensed person who uses data gathered by asbestos inspectors to assess asbestos hazards, determine appropriate response actions and develop implementation plans.
Asbestos Project Designer
. A licensed person who determines how asbestos abatement work should be conducted by preparing plans, designs, procedures, work scope or other substantive direction or criteria.
Asbestos Project Design
. A site specific written work plan describing the means and methods for asbestos removal, enclosure, encapsulation or repair projects that exceed three linear or square feet of asbestos containing material in facilities, required for facilities subject to AHERA. The Project Design will describe the types, quantities and locations of ACM affected, and any specific characteristics related to the work site, and must be developed and signed by a licensed Project Designer.
Asbestos Project Monitor
. A licensed person who:
(a) Collects air and bulk samples and performs visual inspections for the purpose of determining asbestos project completion;
(b) Collects environmental asbestos air samples for the purpose of assessing present or future potential for exposure to airborne asbestos; or
(c) Functions as the on-site representative of the facility owner or other persons by overseeing the activities of the asbestos contractor.
Asbestos Response Action
. Any work operation involving the disturbance of more than three linear feet of friable asbestos on or in pipes, ducts or wires or more than three square feet of friable asbestos on or in structures or components other than pipes, ducts or wires.
Asbestos Supervisor
. A licensed individual or agent of a licensed asbestos abatement entity having managerial or supervisory authority over asbestos workers with responsibility for the completion of asbestos response actions or portions thereof.
Asbestos Training Provider
. Certified firms, corporations or other entities who enter into, engage in or work at the business of providing asbestos training.
Asbestos Work
. The business of repair, removal, enclosure or encapsulation of asbestos or asbestos containing material in a facility.
Asbestos Worker
. A licensed person not acting as a supervisor who performs asbestos work as an employee, or who performs such work under the direction and control of another, with or without compensation.
Category I Non-friable Asbestos-containing Building Material
. Asbestos-containing packings, gaskets, resilient floor coverings, and asphalt roofing products containing more than 1% asbestos as determined using the method specified in EPA 600/R-93/116, or equivalent.
Category II Non-friable Asbestos-containing Building Material
. Any material excluding Category I non-friable ACM containing more than 1% asbestos as determined using the method specified in EPA 600/R-93/116, or equivalent, which when dry cannot be crumbled, pulverized or reduced to powder by hand pressure.
Cease and Desist Order
. An order issued by the Director closing any work site where the Director determines that violations of a work place standard concerning the protection of the occupational health and safety of workers or the general public or of any standard or requirement of licensure/certification exist.
Certificate
. A document issued by the Department:
(a) Permitting an individual (sole proprietor) or entity to engage in activities pertaining to asbestos abatement, asbestos analysis, asbestos training or asbestos consultation work;
(b) Permitting an Asbestos Contractor to engage in the activities set forth in 454 CMR 28.02:
Asbestos Contractor
;
(c) Permitting an Asbestos Training Provider to offer the training specified for the licensure or certification of persons engaging in asbestos abatement work regulated by 454 CMR 28.00; or
(d) Permitting an Asbestos Analytical Service to offer and perform asbestos analysis.
Certification
. The issuance of a certificate pursuant to 454 CMR 28.00 authorizing a firm, corporation or business entity to engage in activities pertaining to asbestos work, including consultation activities, abatement removal or encapsulation of ACM, training, or asbestos analysis.
Class I Asbestos Work
. Activities involving the removal of TSI and surfacing ACM and PACM.
Class II Asbestos Work
. Activities involving the removal of ACM which is not thermal system insulation or surfacing material. This includes, but is not limited to, the removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics.
Class III Asbestos Work
. Activities that constitute repair and maintenance operations, where "ACM", including TSI and surfacing ACM and PACM, is likely to be disturbed.
Class IV Asbestos Work
. Maintenance and custodial activities during which employees contact, but do not disturb, ACM or PACM and activities to clean up dust, waste and debris resulting from Class I, II, and III activities.
Clean Room
. An uncontaminated room having facilities for the storage of employees' street clothing and uncontaminated materials and equipment.
Clearance Air Monitoring
. Air monitoring conducted by a licensed asbestos project monitor at the conclusion of an asbestos response action which is used in combination with visual inspection to assess adequacy of cleanup and project completion.
Competent Person
. One who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure and who has the authority to take prompt corrective measures to eliminate them. In addition, for Class I and Class II work, a Competent Person is one who is specially trained in a course which meets the criteria of EPA's Model Accreditation Plan (40 CFR Part 763) for supervisor, or its equivalent, and, for Class III and Class IV work, one who is trained in a manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at  40 CFR 763.92(a)(2)  or 454 CMR 28.13(8). Such training must be approved and conducted by a DLS Certified Asbestos Training Provider.
Containment
. As defined in 454 CMR 28.02:
Enclosure
.
Critical Barrier
. Work area preparation enclosure consisting of at least one layer of plastic sheeting sealed over all openings into a work area or any other similarly placed physical barrier sufficient to prevent airborne asbestos in a work area from migrating to an adjacent area.
Cutting
. To penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching.
Damaged ACM
. ACM which has deteriorated or sustained physical injury or where the ACM has delaminated from its bond to the substrate. Such damage or deterioration may be illustrated by the separation of ACM into layers; separation of ACM from the substrate; flaking, blistering, or crumbling of the ACM surface; water damage; significant or repeated water stains, scrapes, gouges, mars or other signs of physical injury on the ACM. Asbestos debris originating from the ACM in question may also indicate damage.
Decontamination Area
. An enclosed area adjacent and/or connected to the regulated area per 454 CMR 28.10(4)(b)5. and consisting of an equipment room, shower area, and clean room, which is used for the decontamination of workers, materials, and equipment that are contaminated with asbestos.
Demolition
. The wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility.
Department
. The Massachusetts Department of Labor Standards, as established by M.G.L. c. 23, §§ 1 and 11A.
Designated Person
. A person appointed by the Local Education Agency (LEA), under  40 CFR 763.84(g), or 454 CMR 28.13(1)(b), who is trained to ensure the proper implementation of AHERA in school buildings.
Director
. The Director of the Massachusetts Department of Labor Standards or his or her designee.
Disturbance
. A physical disruption of the matrix of an asbestos-containing material or PACM which predisposes the material to fiber release or the generation of asbestos-containing dust or debris.
Emergency Project
. Any asbestos project necessary to protect or preserve life or property from imminent harm, damage or deterioration, or is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden as determined by the Director.
Emergency Project
includes operations necessitated by non-routine failures of equipment.
Employee Exposure
. Employee exposure to asbestos.
Encapsulation
. The application of a coating or liquid sealant to asbestos-containing material to reduce the tendency of the material to release fibers.
Enclosure
. The covering or wrapping of friable asbestos-containing material in, under or behind air-tight barriers.
Engage
. The phrase "engage in... the business of Asbestos Abatement, Consultation, Training, or Analytical Service" includes, but is not limited to, advertising Asbestos services, offering advice or training and/or submitting bids for projects where the majority of the contract-value is represented by requirements authorized by 454 CMR 28.00.
Entity
. Any partnership, firm, association, corporation, sole proprietorship or any other business concern, state or local government agency or institution or political subdivisions or authorities thereof, or any religious, social or union organization, whether operated for profit or otherwise.
EPA
. The United States Environmental Protection Agency.
Equipment Room and/or (Change Room)
. A contaminated room located within the decontamination area that is supplied with impermeable bags or containers for the disposal of contaminated protective clothing and equipment.
Facility
. Any building or structure including, but not limited to, those used for institutional, residential, commercial or industrial purposes, single family homes and vessels while ashore or in dry dock, and any associated equipment.
Facility Component
. Any part of a facility including, but not limited to, any equipment, pipe, duct, boiler, tank, turbine, furnace, building material, insulation, load supporting and non-load supporting structural member, or non-structural member at the facility including Asbestos Cement Pipe (AC Pipe).
Fiber. A particulate form of asbestos, 5 micrometers or longer, with a length-to-width ratio of at least 3 to 1.
Fiber Release Episode
. Any uncontrolled or unintentional disturbance of ACM resulting in visible emission.
Friable
. A material that when dry, may be crumbled, pulverized, or reduced to powder by hand pressure, and includes previously non-friable material after such previously non-friable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.
Friable Asbestos-containing Material (Friable ACM)
. Any material containing more than 1% asbestos, which when dry may be crumbled, pulverized, or reduced to powder by hand pressure, or that has been subjected to sanding, grinding, cutting, or abrading or has been crumbled, shattered, or pulverized by mechanical means such as, but not limited to, the use of excavators, bulldozers, heavy equipment, or power and/or hand tool.
Friable Asbestos-containing Material
includes non-friable asbestos-containing material after such previously non-friable material becomes damaged or disturbed to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure, or that has been subjected to sanding, grinding, cutting, or abrading or has been crumbled, shattered, or pulverized by mechanical means such as, but not limited to, the use of excavators, bulldozers, heavy equipment, or power and/or hand tool. The characteristic of friability shall apply to the asbestos material and is not influenced or affected by coverings, coatings or other means of separating asbestos materials by hand
Functional Space
. A room, group of rooms, or homogeneous area (including crawl spaces or the space between a dropped ceiling and the floor or roof deck above), such as classroom(s), a cafeteria, gymnasium, hallway(s), designated by a person licensed to prepare management plans, design abatement projects, or conduct response actions.
Glove Bag
. A manufactured plastic bag-type of enclosure with built in gloves, which is placed with an air tight seal around a facility component that permits asbestos-containing material in or on the Facility Component to be removed without releasing asbestos fibers into the air
Grinding
. To reduce to powder or small fragments and includes mechanical grating, chipping or drilling.
HEPA Filtration
. High efficiency particulate air filtration capable of filtering 0.3 micron particles with 99.97% efficiency.
HEPA Vacuum
. A vacuum cleaner which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be HEPA rated and designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it.
High-efficiency Particulate Air (HEPA) Filter
. A filter capable of trapping and retaining at least 99.97% of all mono-dispersed particles of 0.3 micrometers in diameter.
Homogeneous Area
. An area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in size, color and texture and was applied at approximately the same time.
Inspection
. Any activity undertaken in a facility or location for the purpose of determining the presence, location and/or condition of asbestos-containing material or PACM, whether by visual or physical examination and/or by the collection of samples of such material.
Inspection
includes recordkeeping performed in connection with such asbestos inspection activities and re-inspections of friable and non-friable asbestos-containing material, but does not include the following:
(a) Periodic surveillance of the type described in  40 CFR Part 763.92(b)  solely for the purpose of recording or reporting a change in the condition of known or assumed asbestos containing material;
(b) Inspections performed by employees or agents of federal, state or local government solely for the purpose of determining compliance with applicable statutes;
(c) Visual inspections of the type described in  40 CFR Part 763.90(i)  that are conducted solely for the purpose of determining completion of asbestos response actions; or
(d) Sampling conducted by an employer or his or her agent immediately in advance of a work operation that would disturb a material of unknown asbestos content, where the sole purpose of the sampling is to determine potential worker or occupant exposure to asbestos.
Intact
. Not having been made friable by mechanical action including, but not limited to, crumbling, pulverization, abrading, grinding, sawing, sanding, and not deteriorated to an extent where asbestos fibers contained within the material are no longer bound by the matrix of the material and not otherwise deteriorated.
License
. One of the following documents issued by the Department:
(a) Permitting an individual to engage in activities pertaining to asbestos consulting activities including project monitoring, inspection, management planning, and project design;
(b) Permitting an Asbestos Supervisor to engage in the activities set forth in 454 CMR 28.02:
Asbestos Supervisor
; or
(c) Permitting an Asbestos Worker to engage in the activities set forth in 454 CMR 28.02:
Asbestos Worker
.
Licensure
. The issuance of a license pursuant to 454 CMR 28.00 authorizing an individual to engage in activities pertaining to asbestos abatement, asbestos analysis, or asbestos consultation work.
Local Education Agency (LEA)
. A local Education Agency includes any of the following:
(a) Any local educational agency as defined in the Elementary and Secondary Education Act of 1965, § 198  (20 U.S.C. 6301,
et seq.)
.
(b) The owner of any nonpublic, nonprofit elementary or secondary school building.
(c) The governing authority of any school operated under the defense dependent's education system provided for under the Defense Dependents' Education Act of 1978  (20 U.S.C. 921,
et seq
.).
Major Fiber Release Episode
. Any uncontrolled, intentional or unintentional disturbance of asbestos-containing material which produces visible debris, or emission and which:
(a) Involves the disturbance of:
1. More than three linear feet of friable asbestos-containing material on or in pipes, ducts or wires; or
2. More than three square feet of asbestos-containing material on or in structures or components other than pipes, ducts or wires.
(b) Produces an amount of asbestos-containing material (ACM) not smaller than a three foot glove bag or that which cannot be contained by a single 60-inch x 60-inch glove bag of conventional manufacture.
Management Plans
. Plans that are required to be developed for any facility subject to AHERA, and include, but are not limited to:
(a) An inspection report with general building description;
(b) Hazards assessments of all ACM and assumed ACM;
(c) Identification of any ACM or assumed ACM remaining in the building;
(d) Detailed written descriptions of response actions appropriate for the ACM identified;
(e) An Operations & Maintenance (O&M) program; and
(f) Evaluation of resources needed to implement the response actions and O&M.
Minor Fiber Release Episode
. Any uncontrolled, intentional or unintentional disturbance of asbestos-containing material which produces visible debris, or emission and which:
(a) Involves the disturbance of:
1. Three or fewer linear feet of friable asbestos-containing material on or in pipes, ducts or wires; or
2. Three or fewer square feet of asbestos-containing material on or in structures or components other than pipes, ducts or wires; and
(b) Produces an amount of asbestos-containing material which can be contained by a single 60-inch x 60-inch glove bag of conventional manufacture.
Miscellaneous ACM
. Miscellaneous material that is ACM in a facility, including a school building.
Miscellaneous Material
. Interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, but does not include surfacing material or thermal system insulation.
NIOSH. The National Institute of Occupational Safety and Health.
NIST
. The National Institute of Standards and Technology.
Non-friable
. Material which when dry may not be crumbled, pulverized, or reduced to powder by hand pressure.
Non-friable Asbestos-containing Materials (Non-friable ACM)
. Any material which contains more than 1% asbestos bound by a matrix which cannot, when dry, be crumbled, pulverized, or reduced to powder by hand pressure and that has not been subjected to sanding, grinding, cutting, or abrading and has not been crumbled, shattered, or pulverized by mechanical means such as, but not limited to, the use of excavators, bulldozers, heavy equipment, or power and/or hand tool. The class of non-friable asbestos-containing materials that typically includes, but is not limited to: asbestos cement pipe; sheathing siding and shingles; vinyl asbestos building materials, such as floor tiles; and asphaltic asbestos building materials, including asphaltic asbestos shingles and felts.
Operations and Maintenance (O&M) Program
. A formulated plan of training, cleaning, work practices, and surveillance to maintain asbestos-containing materials (ACM) within facilities in good condition. The goal is to minimize exposure of all building occupants to asbestos fibers. To accomplish this objective, an O&M program includes work practices to:
(a) Maintain asbestos-containing material in intact condition;
(b) Ensure cleanup of asbestos fibers previously released;
(c) Prevent further release by minimizing disturbance or damage to asbestos-containing materials during renovation, maintenance, cleaning and general facility operations; and (d) Provide for the long-term surveillance of actual or potential asbestos hazards in a facility.
Operations and Maintenance Work
. Repair and maintenance work for buildings not subject to 454 CMR 28.13 (AHERA) and does not exceed ten square feet or 25 linear feet of material subject to 454 CMR 28.11.
Operations and Maintenance Worker
. Any person who has successfully completed the training specified at 454 CMR 28.05(8).
OSHA. The Occupational Safety and Health Administration of the United States Department of Labor.
Owner/Operator
. (Reserved)
Person
. (Reserved)
Personal Exposure Monitoring
. The collection of air samples from the breathing zone of a person performing asbestos work for the purpose of determining that person's level of exposure to airborne asbestos fibers.
Phase Contrast Microscopy (PCM)
. The procedure outlined in NIOSH Method 7400 for the evaluation of fibers in air samples.
Planned Renovation Operations
. A renovation operation, or a number of such operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience
Polarized Light Microscopy (PLM)
. Refers to EPA 600/R-93/116 or equivalent.
Potential for Damage
. Circumstances in which either applies:
(a) ACM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities.
(b) There are indications that there is a reasonable likelihood that the material or its covering will become damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage.
Potential for Significant Damage
. Circumstances in which any apply:
(a) ACM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities.
(b) There are indications that there is a reasonable likelihood that the material or its covering will become significantly damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage.
(c) The material is subject to major or continuing disturbance, due to factors including, but not limited to, accessibility or, under certain circumstances, vibration or air erosion.
Presumed Asbestos Containing Material (PACM)
. Building materials that potentially contain asbestos until such a time that the material is tested and found to be non-asbestos containing. The material is "presumed" to contain asbestos unless it is demonstrated, in accordance with this standard, that PACM does not contain asbestos.
Preventive Measures
. Actions taken to reduce disturbance of ACM or otherwise eliminate the reasonable likelihood of the material's becoming damaged or significantly damaged.
Private Residence
. A facility used exclusively for residential purposes containing three or fewer living units.
Regulated Asbestos Containing Material (RACM)
. Includes any of the folowing:
(a) Friable ACM;
(b) Category I non-friable ACM that has become friable;
(c) Category I non-friable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading; or
(d) Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.
Renovation
. Altering a facility or one or more facility components in any way, including the stripping or removal of ACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are "demolitions".
Repair
. Overhauling, rebuilding, reconstructing, or reconditioning by sealing patching, enclosing or encapsulating structures or substrates, including encapsulation or other repair of ACM or PACM attached to structures or substrates intended to prevent fiber release.
Resilient Floor Covering
. Floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering.
Response Action
. A method, including removal, encapsulation, enclosure, repair, and operation and maintenance that protects human health and the environment from ACM.
Responsible Person(s)
. Persons having management control over the entity or employer. In the case of a corporation, the responsible person(s) shall be officers of the corporation and any other managing agent(s) of such corporation. In the case of a sole proprietorship or a partnership, the responsible person(s) shall be the owners or partners and any other managing agent(s) of such sole proprietorship or partnership.
Routine Maintenance Area
. An area, such as a boiler room, storage room, custodial area or mechanical room, that is not normally frequented by students and in which maintenance employees or contract workers regularly conduct maintenance activities.
Sampling
. The process of obtaining representative portions of materials suspected of containing asbestos, including the taking of bulk portions of materials for analysis to determine composition, and the collection of air for the purposes of measuring asbestos content.
School
. Any elementary or secondary school as defined in the Elementary and Secondary Education Act of 1965, § 198  (20 U.S.C. §
									6301,
et seq
.).
School Building
. Includes each of the following:
(a) Any structure suitable for use as a classroom, including a school facility such as a library, school eating facility, or facility used for the preparation of food.
(b) Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education.
(c) Any other facility used for the instruction or housing of students or for the administration of educational or research programs.
(d) Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in
School Building
(a), (b), or (c).
(e) Any portico or covered exterior hallway or walkway.
(f) Any exterior portion of a mechanical system used to condition interior space.
Significantly Damaged ACM
. Damaged ACM where the damage is extensive and severe and includes material with one or more of the following characteristics: Damage over more than 1/ of the surface if the damage is distributed, or more than ¼ if the damage is localized. Asbestos debris originating from the ACM in question may also indicate significant damage.
Small-scale Asbestos Project
. Any work operation involving the disturbance of:
(a) three or fewer linear feet of friable asbestos on or in pipes, ducts or wires; or
(b) three or fewer square feet of friable or non-friable asbestos on or in structures or components other than pipes, ducts or wires.
Small-scale, Short-duration Activities (SSSD)
. Repairs, involving encapsulation, enclosure, or removal, to small amounts of friable ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed amounts greater than those which can be contained in a single prefabricated mini-enclosure. Such an enclosure shall conform spatially and geometrically to the localized work area, in order to perform its intended containment function. SSSD includes tasks such as, but not limited to:
(a) Removal of asbestos-containing insulation on pipes;
(b) Removal of small quantities of asbestos-containing insulation on beams or above ceilings;
(c) Replacement of an asbestos-containing gasket on a valve. Installation or removal of a small section of drywall;
(d) Installation of electrical conduits through or proximate to asbestos-containing materials;
(e) Removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement;
(f) Removal of asbestos-containing thermal system insulation not to exceed amounts greater than that which can be contained in a single glove bag;
(g) Minor repairs to damaged thermal system insulation which do not require removal; or (h) Repairs to a piece of asbestos-containing wallboard.
State
. The Commonwealth of Massachusetts
State of the Art
. The latest and most sophisticated or advanced stage of technology or science that is generally accepted by, and applied to the fields of asbestos abatement, asbestos consulting, asbestos analysis and asbestos training. State of the art practices and procedures shall be in accordance with applicable state and federal regulations, professional standards generally recognized by the asbestos consulting industry and asbestos professional associations, and in accordance with current practices taught by Certified Training Providers.
Surfacing Material
. Material in a building that is sprayed-on, troweled-on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes containing more than 1% asbestos
Thermal System Insulation (TSI)
. ACM in a building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or for other purposes.
Transmission Electron Microscopy (TEM)
. The method outlined in    40 CFR Part 763   , Appendix A through Subpart E, for the identification of asbestos in air samples.
Vibration
. The periodic motion of ACM which may result in the release of asbestos fibers.
Visible Debris
. Any visually detectable particulate residue, such as dust, dirt or other extraneous material emission which may or may not contain asbestos.
Work Area
. The area or location where asbestos abatement or asbestos-associated work is being performed including, but not limited to, areas used for accessing the location where asbestos work is being performed; areas used for the storage of equipment or materials related to asbestos work; and such other areas of a facility or location that the Director determines to be hazardous to the health and safety of workers and the general public as a result of such asbestos work.
Work Practices
. The minimum standards, procedures or actions taken or used for repair, removal, enclosure or encapsulation of asbestos, or for renovation, demolition, maintenance or repair of facilities containing asbestos.
Work Practices
also includes the minimum standards, procedures or actions taken or used by persons engaged in inspection, analysis, risk assessment or other activities relating to asbestos work.
Working Day
. Monday through Friday, excluding holidays that fall on Monday through Friday.