Section 40.1026 - Requirements for Active Exposure Pathway Mitigation Measures Implemented as Part of a Temporary Solution or Remedy Operation Status(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; andb. 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; andb. 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; and7. 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; and3. 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; and2. 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.(4) The owner of a property where an Active Exposure Pathway Mitigation Measure operating pursuant to 310 CMR 40.1026 that has received written confirmation from the Department pursuant to 310 CMR 40.1027 of a completed registration 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 and is operating the AEPMM in a manner consistent with the operating regimen to eliminate or mitigate the migration of OHM vapors into a building shall not be required to submit Remedial Monitoring Reports for such AEPMMs.(5) In the event of any suspension or failure of an Active Exposure Pathway Mitigation Measure implemented as part of a Temporary Solution or Remedy Operation Status, the owner of the property where the Active Exposure Pathway Mitigation Measure is located shall undertake immediate steps to return the Active Exposure Pathway Mitigation Measure to full operating condition. If such suspension or failure of the system lasts 30 or more consecutive days, the owner of the property where such Measure is located shall notify both the Department and any non-transient occupants of the building protected by such Measure who may have experienced exposure to oil and/or hazardous material as the result of the system suspension or failure on the 30th day from the start of the suspension or failure period. This notice shall document the reason for the suspension or failure of the Active Exposure Pathway Mitigation Measure, any efforts made or steps to be taken to resume operation of such Measure, and the expected timeframe for resuming operation of such Measure.(6) Notwithstanding 310 CMR 40.0893(6)(c), any person who intends to discontinue an Active Exposure Pathway Mitigation Measure implemented as part of a Temporary Solution or Remedy Operation Status in order to assess whether the remedial goals have been achieved and conditions remain stable over time may maintain such Temporary Solution or Remedy Operation Status provided that he or she: (a) notifies the Department of the system shutdown for the purpose of such evaluation and the plans for monitoring site conditions in the next required Status Report following system shut down;(b) continues to submit Status Reports at the frequency required in 310 CMR 40.0898 or 310 CMR 40.0892, respectively;(c) notifies the Department if operation of the Active Exposure Pathway Mitigation Measure is resumed in the next required Status Report following resumed operation; and(d) notifies the appropriate persons in accordance with 310 CMR 40.1026(5), if the shutdown lasts 30 or more consecutive days.(7) Except as provided at 310 CMR 40.1026(4), an Active Exposure Pathway Mitigation Measure implemented as part of a Temporary Solution or Remedy Operation Status shall require a Remedial Monitoring Report to be submitted in accordance with 310 CMR 40.0027.Amended by Mass Register Issue 1407, eff. 12/27/2019.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.