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 40.1025 - Requirements for Active Exposure Pathway Mitigation Measures Implemented as a Part of a Permanent Solution with Conditions

Current through Register 1525, July 5, 2024
(1)
Purpose and
				Scope
. 310 CMR 40.1025 specifies requirements for an Active
				Exposure Pathway Mitigation Measure Implemented as part of a Permanent Solution
				with Conditions.
(2)
Demonstration of Effectiveness
. An Active Exposure
				Pathway Mitigation Measure implemented as part of a Permanent Solution with
				Conditions 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 made prior to the achievement of a Permanent Solution with
				Conditions and 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 Permanent Solution with Conditions
.
(a) The necessity of operating and
				maintaining the Active Exposure Pathway Mitigation Measure according to the
				operating regimen documented in the Permanent Solution Statement shall be
				specified in an Activity and Use Limitation recorded on the deed of the
				property where the Active Exposure Pathway Mitigation Measure is located that
				includes the requirements of 310 CMR 40.1025 as terms and conditions for
				maintaining a Permanent Solution;
(b) The operating regimen for the Active
				Exposure Pathway Mitigation Measure documented in the Permanent Solution
				Statement 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 as specified at
				310 CMR 40.1025(3)(d) and (e), as applicable;
(d) The operating regimen for an Active
				Exposure Pathway Mitigation Measure installed to prevent 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
				40.1025(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
				Permanent Solution that relies upon the operation of an Active Exposure Pathway
				Mitigation Measure to eliminate or mitigate 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);
				and
6. for Permanent Solutions with
				Conditions implemented pursuant to 310 CMR 40.1025 prior to March 1, 2024, be
				such that the alerts required pursuant to 310 CMR 40.1025(3)(d)3. may be
				triggered by the monitoring of either vacuum level as described in 310 CMR
				40.1025(3)(d)3. or the shutdown and restart of soil gas extraction
				system;
(e) The operating
				regimen of an Active Exposure Pathway Mitigation Measure implemented as part of
				a Permanent Solution with Conditions 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 Permanent
				Solution Statement, 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 Receptor(s) of concern and
				in accordance with the provisions of 310 CMR 40.1025.
(h) The submittal of Remedial Monitoring
				Reports and Status Reports are not required for the operation of an Active
				Exposure Pathway Mitigation Measure implemented as part of a Permanent Solution
				after the Permanent Solution Statement has been submitted to the
				Department.