Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 40.0000 - Massachusetts Contingency Plan › Subpart J - PERMANENT AND TEMPORARY SOLUTIONS › Section 40.1026 - Requirements for Active Exposure Pathway Mitigation Measures Implemented as Part of a Temporary Solution or Remedy Operation Status

Current through Register 1525, July 5, 2024
(1)
Purpose and
				Scope
. 310 CMR 40.1026 specifies requirements for an Active
				Exposure Pathway Mitigation Measure implemented as part of a Temporary Solution
				or Remedy Operation Status.
(2)
Demonstration of Effectiveness
. An Active Exposure
				Pathway Mitigation Measure implemented as part of a Temporary Solution or
				Remedy Operation Status shall be designed and demonstrated to eliminate
				exposure to OHM to the extent feasible and ensure, at a minimum, that a
				condition of No Significant Risk is achieved and maintained for the Receptor(s)
				of concern. Demonstration of the effectiveness of Active Exposure Pathway
				Mitigation Measure shall be based on the measurement of Exposure Point
				Concentrations representative of exposures for the Receptor(s) of concern
				during operation of the Active Exposure Pathway Mitigation Measure under normal
				operating conditions and over a period of time sufficient to account for
				temporal variability.
(3) Operation
				of an Active Exposure Pathway Mitigation Measure implemented as part of a
				Temporary Solution or Remedy Operation Status.
(a) The operating regimen for the Active
				Exposure Pathway Mitigation Measure implemented as part of a Temporary Solution
				or Remedy Operation Status shall be specified in Temporary Solution Statement
				or Phase IV Operation, Maintenance and Monitoring Plan developed as part of the
				Remedy Implementation Plan, respectively;
(b) The operating regimen for the Active
				Exposure Pathway Mitigation Measure shall be designed to ensure a level of No
				Significant Risk is maintained for the Receptor(s) of concern under normal
				operating conditions;
(c) The
				operating regimen shall document the parameters for operating the Active
				Exposure Pathway Mitigation Measure and the methods and frequency for
				monitoring such Measure to ensure that it is operating consistently within such
				parameters;
(d) The operating
				regimen for an Active Exposure Pathway Mitigation Measure installed to
				eliminate or mitigate the migration of subsurface OHM vapors into a building
				shall:
1. for an Active Exposure Pathway
				Mitigation Measure installed to prevent the migration of subsurface OHM vapors
				into a building by creating and maintaining a negative pressure field beneath a
				building:
a. establish the acceptable vacuum
				range to maintain an appropriate negative pressure field beneath a building for
				each area or zone of soil gas extraction serviced by a discrete fan or blower;
				and
b. continuously monitor the
				vacuum level at each area or zone of soil gas extraction serviced by a discrete
				fan or blower;
2. for an
				Active Exposure Pathway Mitigation Measure installed to prevent the migration
				of subsurface OHM vapors into a building by creating and maintaining a positive
				pressure field within the building's living and working space:
a. establish the acceptable operating range
				to maintain a positive pressure field within the building's living and working
				space; and
b. continuously monitor
				and continuously transmit the pressure level at each monitoring point to a
				website that meets Department specifications pursuant to 310 CMR
				40.1026(3)(d)5;
3. employ
				remote monitoring technology that will immediately send an alert to the owner
				and operator of the building protected by the Active Exposure Pathway
				Mitigation Measure and the Department when the vacuum level (or pressure level,
				where applicable) is outside the acceptable range and when such level returns
				within the acceptable range;
4.
				register the remote monitoring device as specified in
				310
				CMR 40.1027 prior to the achievement of a
				Temporary Solution or Remedy Operation Status that relies upon the operation of
				an Active Exposure Pathway Mitigation Measure to prevent the migration of
				subsurface OHM vapors into a building;
5. for an Active Exposure Pathway Mitigation
				Measure installed to prevent the migration of subsurface OHM vapors into a
				building by creating and maintaining a positive pressure field within the
				building's living and working space, require written confirmation by the
				Department of a remote monitoring system which continuously monitors and
				continuously transmits key operational data of the Active Exposure Pathway
				Mitigation Measure to a website that meets Department specifications as
				specified at
				310
				CMR 40.1027 and
				310
				CMR 40.1027(2)(c);
6. for an Active Exposure Pathway Mitigation
				Measure installed to prevent the migration of subsurface OHM vapors into a
				building implemented as part of a Temporary Solution or Remedy Operation Status
				pursuant to 310 CMR 40.1026 prior to March 1, 2024, be such that the alerts
				required pursuant to 310 CMR 40.1026(3)(d)3. may be triggered by the monitoring
				of either vacuum level as described in 310 CMR 40.1026(3)(d)3. or the shutdown
				and restart of soil gas extraction system; and
7. notwithstanding 310 CMR 40.1026(3)(d)6.,
				Active Exposure Pathway Elimination Measures initially implemented pursuant to
				310 CMR 40.1026 must meet the requirements of
				310
				CMR 40.1025, including the monitoring
				requirements at
				310
				CMR 40.1025(3)(d), prior to
				such system being used to support a Permanent Solution.
(e) The operating regimen of an Active
				Exposure Pathway Mitigation Measure implemented as part of a Temporary Solution
				or Remedy Operation Status that is installed to remove OHM from drinking water
				supplied by a private water supply well shall:
1. provide a schedule for the Active Exposure
				Pathway Mitigation Measure that specifies the frequency and activities for
				inspecting and maintaining and replacing or recharging media employed for OHM
				removal. Such frequency shall be based on a conservative estimate of the
				system's performance (
i.e
., estimated breakthrough time) and
				demonstrated to be adequate by confirmatory testing;
2. establish proper disposal procedures for
				any spent media generated as a result of operation of the Active Exposure
				Pathway Mitigation Measure; and
3.
				require the maintenance of records documenting all activities to maintain the
				system, including replacing, recharging, removing or disposing of spent media,
				and the results of confirmatory testing of drinking water samples.
(f) The operating regimen shall
				document the longest duration of a shutdown that would be consistent with:
1. a level of exposure that does not pose an
				Imminent Hazard; and
2. a level of
				exposure that poses No Significant Risk; and
(g) Following submittal of a Temporary
				Solution Statement or Remedy Operation Status, the Active Exposure Pathway
				Mitigation Measure shall be consistently operated and maintained at a level of
				effectiveness that ensures a level of No Significant Risk is maintained for the
				Receptors of concern and in accordance with the provisions of 310 CMR
				40.1026.