(1) Authority. 453 CMR 6.00 is promulgated in accordance with and under the authority of M.G.L. c. 149, §§ 6 through 6F.

(2) Purpose. 453 CMR 6.00 shall establish and/or constitute:

(a) Requirements necessary to protect the health and safety of the general public and persons engaged in, or associated with, the removal, enclosure, encapsulation or disturbance of asbestos or asbestos-containing material and to prevent occupational diseases.

(b) Standards of competency for persons or entities engaged in or performing removal, enclosure or encapsulation of asbestos or asbestos-containing material.

(c) Minimum standards to be used by insurers in the inspection of risk, measurement of hazards and the determination of adequate and reasonable rates of insurance as prescribed by the provisions of M.G.L. c. 152, § 65J.

(d) Standards for the licensure of persons, firms, corporations or other entities who or which enter into, engage in or work at the business of removal, enclosure or encapsulation of asbestos or asbestos-containing material, and for the certification of asbestos workers, supervisors, consultants, providers of asbestos analytical services, and others performing asbestos work.

(e) Standards for the certification of entities engaged in the business of training others, where such training is a condition of licensure or certification.

(3) Scope. 453 CMR 6.00 applies to all work, including construction, demolition, alteration, repair and maintenance involving any facility or location, where such work involves the use, handling or disposal of asbestos, asbestos-containing material or asbestos-contaminated waste. 453 CMR 6.00 also applies to asbestos training, consultation and/or analytical services, including but not limited to: asbestos inspection and hazard assessment services, the preparation of asbestos project designs, asbestos project oversight and/or monitoring, asbestos training required by 453 CMR 6.00 and asbestos analysis performed in connection with any of the above services.

(4) Exceptions. The Director of the Department of Labor and Workforce Development may grant exceptions to 453 CMR 6.00 in those instances where it is clearly evident that existing conditions prevent compliance, or where compliance will create an undue hardship, but only in circumstances in which granting the exception will maintain the protection of the health and safety of workers and the general public. Requests for exceptions to 453 CMR 6.00, which shall be submitted in writing to the Director, shall specify those provisions of 453 CMR 6.00 for which exceptions are sought, the reasons for requesting the exceptions and any proposed alternatives to requirements of 453 CMR 6.00. Exceptions granted by the Director shall remain in force until rescinded in writing or until a certain date set at the time that the exception is granted.

(5) Alternative Methods. The Director shall have the authority to allow the use of newly developed techniques, methods, or equipment that provide a level of protection for workers and the general public which equals or exceeds that specified by 453 CMR 6.00.

(6) Right of Entry. Pursuant to M.G.L. c. 149, §§ 10 and 17, the Director or the Director's authorized representative shall have the right of entry to any work site, place of employment or other location for the purpose of conducting investigations or inspections.

(7) Regulations Incorporated. The following rules and regulations of the United States Environmental Protection Agency are hereby incorporated by reference:

(a) Asbestos-Containing Materials in Schools Rule; 40 CFR Part 763, Subpart E, effective October 30, 1987; and

(b) Asbestos-Containing Materials in Schools Rule; 40 CFR Part 763, Appendix C to Subpart E, Asbestos Model Accreditation Plan, effective April 4, 1994.