AHERA - 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 - Water to which a wetting agent has been added.
Asbestos - The asbestiform varieties of chrysotile, crocidolite, cummingtonite-grunerite (amosite), anthophyllite, actinolite and tremolite.
Asbestos Abatement - Any activity which has as its principal purpose the removal, enclosure or encapsulation of asbestos or asbestos-containing material, including, but not limited to activity in connection with the renovation, repair or demolition of a facility and the replacement of furnaces or boilers that are covered or coated with asbestos-containing material.
Asbestos Analytical Services - 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, building inventory, exposure measurement, abatement project or associated project.
Asbestos-Associated Project - A work operation involving the disturbance of three or fewer linear feet of asbestos surfacing 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 at 453 CMR 6.10(4)(h).
Asbestos Consultants - 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, as defined herein.
Asbestos-Containing Material (ACM) - Any material containing more than one percent asbestos.
Asbestos Contractor - Any person, firm, corporation or other entity who or which has a valid license issued by the Commonwealth for the purpose of entering into or engaging in asbestos work.
Asbestos Inspector - A person who identifies, assesses the condition of, or collects pre-abatement samples of asbestos-containing materials.
Asbestos Laboratory Supervisor - A person so designated pursuant to 453 CMR 6.08(4)(a), who is jointly responsible, along with other responsible persons of a 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.
Asbestos Management Planner - A person who uses data gathered by asbestos inspectors to assess asbestos hazards, determine appropriate response actions and develop implementation plans.
Asbestos Project Designer - A 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 Monitor - A 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 - An individual or agent of an asbestos abatement entity having managerial or supervisory authority over asbestos workers or a foreperson with responsibility for the completion of asbestos response actions or portions thereof.
Asbestos Training Provider - Any entity which has been duly certified pursuant to 453 CMR 6.09 to provide asbestos training required by 453 CMR 6.10(1).
Asbestos Work - The business of removal, enclosure or encapsulation of asbestos or asbestos-containing material in any facility.
Asbestos Worker - A 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 Appendix A, subpart F, 40 CFR Part 763, section 1, Polarized Light Microscopy.
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 Appendix A, subpart F, 40 CFR Part 763, section 1, Polarized Light Microscopy that 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 and the general public or of any standard or requirement of licensure exist.
Certification - The issuance of a certificate pursuant to 453 CMR 6.00 authorizing an individual or entity to engage in activities pertaining to asbestos work.
Clearance Air Monitoring - Air monitoring conducted by a certified asbestos project monitor at the conclusion of an asbestos project which is used in combination with visual inspection to assess adequacy of cleanup and project completion.
Containment - As used in M.G.L. c. 149, § 6B and 453 CMR 6.00, the word "containment" shall mean "enclosure", as defined herein.
Demolition - The wrecking or removal of any facility or portion thereof together with any related debris-handling operations.
Department - The Massachusetts Department of Labor and Workforce Development, Departmtne of Labor Standards.
Director - The Director of the Massachusetts Department of Labor and Workforce Development or his/her designee.
Emergency Project - Any asbestos project necessary to protect or preserve life or property from imminent harm, damage or deterioration, as determined by the Director.
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.
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.
Facility - Any private or public building or structure including but not limited to those used for institutional, residential (including single family homes), commercial or industrial purposes and vessels while ashore or in drydock.
Friable Asbestos-Containing Material (Friable ACM) - Any material containing more than one per cent asbestos, which when dry, may be crumbled, pulverized or reduced to powder by hand pressure. The term includes non-friable asbestos-containing material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized or reduced to powder by hand pressure. 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.
Glove Bag - A manufactured plastic bag-type of enclosure with built-in gloves, which is placed with an air-tight seal around an asbestos covering and which permits asbestos material contained by the bag to be removed without releasing asbestos fibers into the atmosphere. HEPA Filtration - High efficiency particulate air filtration capable of filtering 0.3 micron particles with 99.97% efficiency.
Inspection - Any activity undertaken in a facility or location subject to the requirements of these regulations for the purpose of determining the presence, location and/or condition of friable or non-friable asbestos-containing material or suspected asbestos-containing material, whether by visual or physical examination, or by the collection of samples of such material. This term includes recordkeeping in connection with such asbestos inspection activities and reinspections of friable and non-friable known or assumed asbestos-containing material which has been previously identified, 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 asbestoscontaining material;
(b) Inspections performed by employees or agents of federal, state or local government solely for the purpose of determining compliance with applicable statutes; or
(c) Visual inspections of the type described in 40 CFR Part 763.90(i) solely for the purpose of determining completion of asbestos response actions.
Management Plans - Plans, including operations and maintenance plans, which detail specific response actions appropriate for the abatement of immediate and long term asbestos hazards.
Major Fiber Release Episode - Any uncontrolled or unintentional disturbance of asbestos-containing material which produces visible debris and which:
(a) involves the falling or dislodging 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 friable asbestos-containing material on or in structures or components other than pipes, ducts or wires; or
(b) produces an amount of friable asbestos-containing material greater than that which can be contained by a single three-foot glove bag of conventional manufacture.
Minor Fiber Release Episode - Any uncontrolled or unintentional disturbance of asbestos-containing material which produces visible debris and which:
(a) involves the falling or dislodging 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 friable asbestos-containing material on or in structures or components other than pipes, ducts or wires; and
(b) produces an amount of friable asbestos-containing material which can be contained by a single three-foot glove bag of conventional manufacture.
NIOSH - The National Institute of Occupational Safety and Health.
NIST - The National Institute of Standards and Technology.
Non-Friable Asbestos-Containing Building Materials (Non-Friable ACBM) - Materials used in the construction of facilities or structures which contain asbestos bound by a matrix which cannot, when dry, be crumbled, pulverized, or reduced to powder by hand pressure. The class of non-friable asbestos-containing building materials 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) Plan - A program of work practices designed to maintain asbestos-containing material in intact condition, ensure cleanup of asbestos fibers previously released, prevent further release by minimizing disturbance or damage to asbestos-containing material, and provide for long term surveillance of the facility with regard to renovation, maintenance, cleaning and general operations.
OSHA - The Occupational Safety and Health Administration of the United States Department of Labor.
Personal Exposure Monitoring - Air samples collected from the breathing zone of a person performing asbestos work which are analyzed according to standard protocols for the purpose of determining that person's level of exposure to airborne asbestos fibers.
Private Residence - Any facility used exclusively for residential purposes containing three or fewer living units.
Public Facility - Any facility or location to which the general public has access, including, but not limited to schools, office buildings, museums, airports, hospitals, stores and churches.
Renovation - Altering one or more components of a facility in any way.
Repair - The sealing, patching, enclosing or encapsulating of damaged asbestos-containing materials to prevent fiber release.
Responsible Person(s) - Person(s) 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 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 of such sole proprietorship or partnership.
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.
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 asbestos on or in structures or components other than pipes, ducts or wires.
State - Commonwealth of Massachusetts.
TEM - Transmission electron microscopy.
Visible Debris - Any visually detectable particulate residue, such as dust, dirt or other extraneous material which may or may not contain asbestos.
Work Area - The area or location where asbestos abatement or asbestos-associated work is being performed, or such other areas of a facility which the Director determines may 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 removal, enclosure or encapsulation of asbestos, or for renovation, demolition, maintenance or repair of facilities containing asbestos. This term 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.