(1) Scope of Services. Applicants for certification as providers of Asbestos Analytical Services shall receive separate approval to provide the services listed at 453 CMR 6.08(1)(a) through (d).

(a) Class A Certificate 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 453 CMR 6.00, including school buildings and other facilities subject to the requirements of AHERA.

(b) Class B Certificate 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 453 CMR 6.00, except school buildings and other facilities subject to the requirements of AHERA.

(c) Class C Certificate 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 453 CMR 6.00, including school buildings and other facilities subject to the requirements of AHERA.

(d) Class D Certificate 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 453 CMR 6.00, including school buildings and other facilities subject to the requirements of AHERA.

(2) Application for Certification as a Provider of Asbestos Analytical Services. Applicants for certification as providers of Asbestos 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, the address(es), and telephone number(s) of the business.

2. The type(s) of approval/certification listed at 453 CMR 6.08(1)(a) through (d) for which the applicant is applying.

3. Corporate Articles of Organization and a Certificate of Good Standing issued by the Massachusetts Secretary of State or a DBA (doing business as) certificate for the Asbestos Analytical Service of the applicant issued by the city or town where the business is located.

4. 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.

5. Evidence that the Asbestos Analytical Services to be performed by the applicant are covered under a current workers' compensation policy or self-insurance program acceptable to the Commonwealth.

6. A list of all occupational safety and health-related citations or notices of violation, including notices of noncompliance, notices of responsibility, notices of intent to assess an administrative penalty, orders, consent orders, and court judgements received by the Responsible Persons of the applicant in the two years prior to the date of application, and the issuing agency or department and final disposition of such citation or notice.

7. A list of the names and addresses of all persons designated as Asbestos Laboratory Supervisors of the Asbestos Analytical Service pursuant to 453 CMR 6.08(4)(a).

(b) A copy of the laboratory standard operating procedures manual for asbestos analysis used by the applicant, which shall minimally include:

1. A listing of all Responsible Persons and employees of the applicant who will be performing asbestos analysis.

2. Legible copies of certificates of training or other training records for all persons listed at 453 CMR 6.08(2)(b)1., indicating that each such person has fulfilled the applicable asbestos analytical training required by 453 CMR 6.08(4)(d).

3. Copies of all applicable analytical protocols and procedures referenced at 453 CMR 6.08(4)(f).

4. An inventory of the analytical equipment used by the applicant, with a description of associated equipment calibration and maintenance procedures and schedules.

5. A description of chain of custody procedures, including handling, storage and disposal procedures for asbestos samples.

6. 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 453 CMR 6.08(4)(e). 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 Asbestos Analytical Services may submit the single most recent quality control round result, but their receipt of certification and approval pursuant to 453 CMR 6.08(2) may be contingent upon the results of a laboratory inspection at the discretion of the Director.

(d) A money order or certified bank check payable to the Commonwealth of Massachusetts in the amount of the entire annual fee of $350.00, or any other amount established for such certificate pursuant to M.G.L. c. 7, § 3B. If the Director denies, revokes, suspends or refuses to renew a certificate for reasons specified in 453 CMR 6.04, the fee payment is not refundable.

(e) Such other information as the Director may reasonably require.

(3) Renewal of an Asbestos Analytical Service Certificate. A certificate as a provider of Asbestos Analytical Services is valid for a period of one year. The Director may renew an Asbestos Analytical Service certificate upon written application for renewal by the certificate holder. Renewal applications should be submitted to the Department of Labor and Workforce Development no later than 30 calendar days before the expiration of the current certificate. The submission of a renewal application later than 30 days before the expiration of the current certificate may result in renewal after the expiration of the current certificate. Said application for renewal shall include submission of the items referenced at 453 CMR 6.08(2)(a) through (e). The Director may waive the requirement for resubmission of the information specified at 453 CMR 6.08(2)(b) where there has been no substantive change in the information submitted with a previous application, and the applicant attests to such.

(4) Operating Requirements for Asbestos Analytical Services. Because of the highly diversified, technical nature of asbestos analysis, comprehensive requirements for the conduct of the work are not set forth in 453 CMR 6.00. Certified providers of Asbestos Analytical Services shall conduct asbestos analytical work in accordance with officially recognized methodologies and generally accepted industrial hygiene laboratory practices. Providers of Asbestos Analytical Services shall minimally adhere to the following operating requirements, as a condition of certification:

(a) Designation of Asbestos Laboratory Supervisor. Applicants for certification as providers of Asbestos Analytical Services shall designate a qualified Asbestos aboratory 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 Laboratory 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. Asbestos Analytical Services 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 453 CMR 6.08(4)(d)1.through 3.:

1. Training Requirements for Class A and Class B Certificates. All employees and Responsible Persons of Class A and Class B Asbestos Analytical Services 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 Asbestos Analytical Services 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 Asbestos Analytical Services 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.

(e) Required Participation in Quality Control Testing Programs. All certified Asbestos Analytical Services shall participate and maintain proficiency or accreditation in official quality control testing programs, as specified at 453 CMR 6.08(4)(e)1. through 5.:

1. Certified Class A Asbestos Analytical Services shall maintain accredited status in the National Voluntary Laboratory Accreditation Program of the NIST.

2. Certified Class B Asbestos Analytical Services shall:

a. Maintain accredited status in the National Voluntary Laboratory Accreditation Program of the NIST or

b. 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.

3. Certified Class C Asbestos Analytical Services shall:

a. Participate and maintain proficiency in the Proficiency Analytical Testing (PAT) Program of the American Industrial Hygiene Association or

b. Ensure that all analysts performing such testing for said analytical service 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.

4. (Effective June 26, 1999) Additionally, the Asbestos Laboratory Supervisor and Responsible Persons of certified Class C Asbestos Analytical Services shall ensure that all analysts who perform field analysis of asbestos air samples using phase contrast microscopy 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.

5. Certified Class D Asbestos Analytical Services shall maintain accredited status in "Airborne Asbestos Fiber Analysis" in the National Voluntary Laboratory Accreditation Program(NVLAP) of the NIST.

(f) Required Use of Official Analytical Protocols. In performing asbestos analysis, certified Asbestos Analytical Services shall use official protocols, as set forth at 453 CMR 6.08(4)(f)1. through 3.:

1. Certified Class A and Class B Asbestos Analytical Services shall use the "Interim Method for the Determination of Asbestos in Bulk Insulation Samples" found at Appendix A to Subpart F of 40 CFR Part 763 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.

2. Certified Class C Asbestos Analytical Services 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.

3. Certified Class D Asbestos Analytical Services 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.

(g) Asbestos Analytical Services shall maintain records, as provided by 453 CMR 6.11(4).