Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 7.00 - Air Pollution Control › Section 7.15 - U Asbestos

Current through Register 1525, July 5, 2024
(1)
DEFINITIONS
. The definitions set forth at
			 310 CMR
			 7.00 apply to 310 CMR 7.15, unless otherwise defined
			 in 310 CMR 7.15(1). The following words and phrases shall have the following
			 meanings as they appear in 310 CMR 7.15. If a term is defined both in
			 310 CMR
			 7.00 and in 310 CMR 7.15(1), then the definition in
			 310 CMR 7.15(1) applies for purposes of 310 CMR 7.15.
ADEQUATELY WET
or
ADEQUATELY WETTED
means fixing or coating with water
				(or water to which a surfactant has been added), amended water or a
				remover-encapsulant, so as to prevent a friable condition and visible
				emissions. Material shall be considered adequately wetted where it has been
				fixed or coated with water (or water to which a surfactant has been added),
				amended water or a remover-encapsulant, so as to prevent a friable condition
				and visible emissions.
AHERA
means the Asbestos Hazard
				Emergency Response Act,
				15 U.S.C.
				2646
et seq
., and the
				regulations promulgated thereunder, including 40 CFR Part 763 .
AMENDED WATER
means water to which a
				wetting agent has been added.
ASBESTOS
means all asbesti form
				varieties of serpentinite (chrysotile), riebeckite (crocidolite),
				cummingtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite,
				and any other asbestiform minerals designated as asbestos by EPA in
				40
				CFR 61.141.
ASBESTOS ABATEMENT ACTIVITY
means the
				removal, encapsulation, demolition, renovation, enclosure, repair, disturbance,
				handling, transportation, storage, or disposal of asbestos-containing material
				or asbestos-containing waste material or any other activity involving
				asbestos-containing material or asbestos-containing waste material that has the
				potential to result in a condition of air pollution.
ASBESTOS
				ABATEMENT ACTIVITY
does not include survey, sampling, analysis,
				monitoring, or visual inspection activities.
ASBESTOS ANALYTICAL SERVICES
means
				services provided by a person certified by the Commonwealth pursuant to
				453
				CMR 6.08:
Certification and Other
				Requirements for Asbestos Analytical Services
which include, but are
				not limited to, the counting or enumeration of asbestos fibers in the air (air
				monitoring analysis) and the identification and quantification of asbestos in
				materials (bulk sample analysis) in connection with any asbestos hazard
				assessment, facility inventory, exposure measurement, abatement activity or
				associated activity.
ASBESTOS-CONTAINING MATERIAL (ACM)
means any material containing 1% or more asbestos as determined by a laboratory
				using protocols set forth in the
Method for the Determination of
				Asbestos in Bulk Building Materials
found in EPA report
				EPA/600/R-93/116, or another method as directed by the Department.
ASBESTOS-CONTAINING MATERIAL (ACM)
includes, but is
				not limited to, sprayed-on and troweled-on materials applied to ceilings,
				walls, and other surfaces; insulation on pipes, boilers, tanks, ducts, and
				other equipment, structural and non-structural members; tiles; asphalt roofing
				or siding materials; or asbestos-containing paper.
ASBESTOS-CONTAINING WASTE MATERIAL
				(ACWM)
means 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, 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-CONTAINING WASTE MATERIAL (ACWM)
shall also
				include ACM on and/or in facility components that are inoperable or have been
				taken out of service and any ACM that is damaged or deteriorated to the point
				where it is no longer attached as originally applied or is no longer serving
				the intended purpose for which it was originally installed.
ASBESTOS CONTRACTOR
means any person
				who has a valid license issued by the Commonwealth pursuant to
				453
				CMR 6.05:
Licensure of Asbestos
				Contractors
for the purpose of entering into or engaging in asbestos
				abatement activity.
ASBESTOS INSPECTOR
means any person
				certified by the Commonwealth pursuant to
				453
				CMR 6.07:
Certification of
				Consultants
who identifies, assesses the condition of, or collects
				pre-abatement samples of ACM.
ASBESTOS PROJECT MONITOR
means any
				person certified by the Commonwealth pursuant to
				453
				CMR 6.07:
Certification of
				Consultants
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 SURVEY REPORT
means a written
				report resulting from a thorough inspection using EPA approved procedures and
				methods, or an alternate asbestos inspection method that has received prior
				written approval from the Department, to determine whether materials or
				structures to be worked on, renovated, removed or demolished (including
				materials on the outside of structures) contain asbestos.
BULK LOADING
means the placement of
				unconfined ACWM in a vehicle or container, such as a roll-off, dumpster or
				truck in
lieu
of packaging the ACWM in individual leak tight
				containers.
CONTAINERIZE
means to place into
				sealed containers which will prevent leakage of solids, including dust, and
				liquids.
DEMOLITION
, for the purposes of 310
				CMR 7.15, means 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.
DISTURBANCE
means a physical
				disruption of the matrix of an ACM which predisposes the material to release
				fibers or to generate asbestos-containing dust or debris.
DUMPING GROUND
, for the purpose of 310
				CMR 7.15, means a facility or place used for the disposal of ACWM from one or
				more sources which is not established or maintained pursuant to a valid site
				assignment and permit in accordance with M.G.L. c. 111, § 150A,
				310 CMR 16.00:
Site
				Assignment Regulations for Solid Waste Facilities
or 310 CMR 19.000:
Solid Waste Management
.
EMERGENCY RENOVATION OPERATION
means a
				renovation operation that was not planned but results from a sudden, unexpected
				event that, if not immediately attended to, presents a safety or public health
				hazard, is necessary to protect equipment from damage, or is necessary to avoid
				imposing an unreasonable financial burden.
EMERGENCY RENOVATION
				OPERATION
includes operations necessitated by nonroutine failures
				of equipment.
ENCAPSULATION
means the application of
				a coating or liquid sealant to ACM to reduce the tendency of the material to
				release fibers.
ENCLOSURE
means the covering or
				wrapping of friable ACM in, under or behind air-tight barriers.
FACILITY
means any dumping ground, or
				any installation, structure, building establishment or ship, and associated
				equipment.
FRIABLE
means material that, when dry,
				can be crumbled, shattered, pulverized or reduced to powder by hand
				pressure.
FRIABLE ASBESTOS-CONTAINING MATERIAL (FRIABLE
				ACM)
means any ACM, that, when dry, can be crumbled, shattered,
				pulverized or reduced to powder by hand pressure or any non-friable ACM 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
				tools.
GLOVE BAG
or
GLOVEBAG
means a manufactured plastic bag-type of
				enclosure with built-in gloves, which is placed with an air-tight seal around a
				facility component which permits ACM in or on the facility component to be
				removed without releasing asbestos fibers into the atmosphere.
HEPA FILTRATION
means high efficiency
				particulate air filtration capable of filtering 0.3 micron particles with
				99.97% efficiency.
INCIDENTAL MAINTENANCE PROJECT OR WORK
means any asbestos abatement activity conducted in accordance with the
				applicable work practice standards set forth in 310 CMR 7.15 and which involves
				the removal or disturbance of:
(a) 100 square feet or less of
			 asbestos-containing floor tile and related asbestos-containing mastics;
			 and/or
(b) 32 square feet or less
			 of asbestos-containing gypsum wallboard and/or joint compound.
LEAK-TIGHT
means a condition under
				which solids, including dust and liquids, cannot escape or spill out of a
				container.
NON-FRIABLE
means material that, when
				dry, cannot be crumbled, shattered, pulverized or reduced to powder by hand
				pressure.
NON-FRIABLE ASBESTOS-CONTAINING MATERIAL
				(NON-FRIABLE ACM)
means any ACM that, when dry, cannot be
				crumbled, shattered, 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 tools.
OSHA
means the Occupational Safety and
				Health Administration of the United States Department of Labor.
OWNER-OCCUPIED, SINGLE-FAMILY
				RESIDENCE
means any single unit building containing space for uses
				such as living, sleeping, preparation of food, and eating that is used by a
				single family which owns the property both prior to and after renovation or
				demolition.
OWNER-OCCUPIED, SINGLE-FAMILY RESIDENCE
includes houses, mobile homes, trailers, detached garages, houseboats, and
				houses with a "mother-in-law apartment" or "guest room".
OWNER-OCCUPIED, SINGLE-FAMILY RESIDENCE
does not
				include rental property, multiple-family buildings, mixed use
				commercial/residential buildings or structures used for fire training
				exercises.
OWNER/OPERATOR
means any person
				who:
(a) has legal title,
			 alone or with others, of a facility or dumping ground;
(b) has the care, charge, or control of a
			 facility or dumping ground, or
(c)
			 has control of an asbestos abatement activity including, but not limited to,
			 contractors and subcontractors.
RENOVATION
, for the purposes of 310
				CMR 7.15, means 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".
SAMPLING
means the process of
				obtaining 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 the presence of
				asbestos.
SURVEY
means any pre-demolition or
				pre-renovation activity undertaken at a facility for the purpose of determining
				the presence, location, amount, and condition of ACM or material assumed to
				contain asbestos. Activities including, but not limited to, the following do
				not meet the requirements for a survey pursuant to 310 CMR 7.15:
(a) Inspections performed by
			 employees or agents of federal, state or local government solely for the
			 purpose of determining compliance with applicable statutes or regulations; or
(b) Inspections, surveillance and
			 testing conducted for the purpose of compliance with AHERA.
SUSPECT ASBESTOS-CONTAINING MATERIAL
means products that have a reasonable likelihood of containing asbestos based
				upon their appearance, composition and use.
SUSPECT
				ASBESTOS-CONTAINING MATERIAL
includes, but is not limited to,
				non-fiberglass insulation (
e.g.
pipe, boiler, duct work,
etc.
), cement/transite shingles, vinyl floor and wall tiles,
				vinyl sheet flooring, plaster, cement/transite pipes, cement sheets (corrugated
				and decorative), ceiling tiles, cloth vibration dampers or ductwork, spray-on
				fire proofing, mastic (flooring or cove base adhesive or damp proofing), and
				asphalt roofing or siding materials (shingles, roofing felts, tars,
etc
.).
VISIBLE DEBRIS
means any visually
				detectable particulate residue, such as dust, dirt or other extraneous material
				which may or may not contain asbestos.
WASTE SHIPMENT RECORD
means the
				shipping document, required to be originated and signed by the owner/operator,
				used to track and substantiate the disposition of ACWM.
WORK AREA
means the area or location
				where any asbestos abatement activity or incidental maintenance work is being
				performed, including but not limited to: areas used for accessing the location
				where asbestos abatement, asbestos-associated project work or incidental work
				is being performed; areas used for the storage of equipment or removed
				materials related to asbestos abatement activity; and other areas of a facility
				or location in which the Department determines that such asbestos abatement
				activity has been or may be an actual or potential cause of a condition of air
				pollution.
WORK PRACTICE STANDARDS
means the
				standards, procedures or actions for the removal, enclosure or encapsulation of
				asbestos, or for the demolition, renovation, maintenance or repair of
				facilities containing asbestos.
WORKING DAY
means any day that the
				Massachusetts Department of Environmental Protection is open for
				business.