Section 40.0046 - Application of Remedial Additives(1)In General. Any person performing response actions at a disposal site may apply Remedial Additives to the ground surface or subsurface and/or groundwater provided such application, and any Remedial Additive By-product: (a) does not erode or otherwise impair the functioning of the surficial and subsurface soils, infiltrate underground utilities, building interiors or subsurface structures;(b) in cases where the application is to the subsurface, does not result in groundwater mounding within two feet of the ground surface, or result in flooding of or breakout to the ground surface;(c) in cases where the Remedial Additives and/or Remedial Additive By-products contain OHM, does not result in the presence of such OHM in the soil or groundwater at any point measured 50 feet or more downgradient from the furthest downgradient point of application at concentrations equal to or greater than an applicable Reportable Concentration set forth in 310 CMR 40.0000;(d) in cases where the Remedial Additives or Remedial Additive By-products do not contain OHM, does not result in the presence of such Remedial Additives or Remedial Additive By-products in soil or groundwater at any point measured 50 feet or more downgradient from the furthest downgradient point of application above a background concentration or above a level that will exacerbate existing conditions, or prevent or impair the performance of remedial actions at the disposal site; and(e) is otherwise performed in compliance M.G.L. c. 21E, and 310 CMR 40.0000.(2)Relationship to Massachusetts Ground Water Discharge Permit Program. Any person performing response actions at a disposal site in accordance with M.G.L. c. 21E, and 310 CMR 40.0000 may apply Remedial Additives to ground surface or subsurface and/or groundwater, without a permit from the Department pursuant to M.G.L. c. 21, § 43, and 314 CMR 5.00: Groundwater Discharge Permitting Program, provided the discharge is exempt from such permitting requirements under 314 CMR 5.05: Activities Not Requiring a Permit.(3)Additional Requirements for the Application of Remedial Additives near Sensitive Receptors.(a) Prior approval by the Department pursuant to 310 CMR 40.0046(3)(b) is required for the application of Remedial Additives: 1. within 100 feet of any private water supply well;2. within 800 feet of any public water supply well or well field;3. within 800 feet of any surface water supply used in a public water system or any tributary of such surface water supply;4. within 50 feet of any other surface water body or any tributary of such surface water; or5. that contain or are used to treat Volatile Organic Compounds in environmental media, or otherwise have the potential to volatilize OHM in environmental media within 100 feet of a School, Daycare or Child Care Center or occupied Residential Dwelling;(b) Except as provided at 310 CMR 40.0046(3)(d), a written plan for the application of Remedial Additives near sensitive receptors pursuant to 310 CMR 40.0046(3)(a): 1. shall be submitted to the Department using a form provided by the Department for such purpose prior to its implementation;2. shall be incorporated into an Immediate Response Action Plan, Release Abatement Measure Plan or Phase IV Remedy Implementation Plan, as applicable, provided it is clearly identified (e.g., by title and table of contents); and3. shall be approved, conditionally approved, or denied by the Department in writing within 21 days of its receipt by the Department. Approval of such plan shall be presumed if the Department does not issue a written approval or denial of said plan within 21 days of receipt;(c) If Remedial Additives are used to remediate soil above ground, engineering controls shall be implemented to prevent fugitive emissions and a condition of air pollution; and(d) Oral approval may be granted by the Department in situations where there has been a sudden release of oil and/or hazardous material and in other cases where written approval would delay the timely implementation of an Immediate Response Action. In such case where the Department grants oral approval for the application of Remedial Additives as part of an IRA, a written IRA Plan that documents such application of Remedial Additives shall be provided in accordance with the timeframes at 310 CMR 40.0420(7).(4)Requirements for Treatment of Soil and Groundwater. Each person performing response actions at a disposal site pursuant to M.G.L. c. 21E, and 310 CMR 40.0000 that include the application of Remedial Additives shall: (a) prior to the initial application of Remedial Additives, collect soil and/or groundwater samples at the disposal site for analysis in accordance with 310 CMR 40.0017 to document the concentration of oil and hazardous material;(b) prior to any subsequent application of Remedial Additives, collect and analyze soil and/or groundwater samples at the disposal site in accordance with 310 CMR 40.0017 to document the concentration of oil and hazardous material and/or Remedial Additive Byproducts, which may be present in soil and/or groundwater from previous application of Remedial Additives; and(c) after each application of Remedial Additives, monitor the groundwater hydraulically upgradient and downgradient, and where practicable underlying the point of application of the Remedial Additives at regular intervals not to exceed every three months thereafter to detect any migration of oil and/or hazardous material, Remedial Additives and/or Remedial Additive By-products from the disposal site.(5) Notwithstanding the requirements of 310 CMR 40.0046(4)(b), where the application of Remedial Additives is occurring more than once within a calendar month, sampling prior to any subsequent application may be limited to once monthly.(6) Each person performing response actions at a disposal site pursuant to M.G.L. c. 21E, and 310 CMR 40.0000 that include the application of Remedial Additives, shall after the final application of Remedial Additives at a disposal site, monitor the groundwater at regular intervals for a reasonable period of time to demonstrate compliance with 310 CMR 40.0046(1)(c), unless the concentrations of Remedial Additives applied were below applicable standards set forth in 40.0046(1)(c). For determining a reasonable time period, each person shall consider the types, concentrations, and application methodology of Remedial Additives applied, the presence of Remedial Additive By-products, rate and direction of groundwater movement and flow, and the permeability of the soils at the disposal site.Amended by Mass Register Issue 1503, eff. 3/1/2024.Amended by Mass Register Issue S1516, eff. 3/1/2024.