Section 40.1025 - Requirements for Active Exposure Pathway Mitigation Measures Implemented as a Part of a Permanent Solution with Conditions(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; 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 40.1025(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); and6. 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; 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 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.(4) The owner of a property where an Active Exposure Pathway Mitigation Measure operating pursuant to 310 CMR 40.1025 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 subject to the requirement of 310 CMR 40.1025(9).(5) An Active Exposure Pathway Mitigation Measure shall not be used to support a Permanent Solution with Conditions if suspension or failure of such measure lasting 60 or fewer consecutive days would result in a Receptor exposure to OHM concentrations that would pose an Imminent Hazard.(6) An Active Exposure Pathway Mitigation Measure shall not be used to support a Permanent Solution with Conditions unless the owner of the property where the Active Exposure Pathway Mitigation Measure is located certifies at the time that the Permanent Solution with Conditions is implemented that financial resources have been made available for the immediate repair and/or replacement of components of the Active Exposure Pathway Mitigation Measure in the event that the Measure experiences failure.(7) In the event of any suspension or failure of an Active Exposure Pathway Mitigation Measure implemented as part of a Permanent Solution with Conditions, 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.(8) The owner of the property where an Active Exposure Pathway Mitigation Measure is implemented as part of a Permanent Solution with Conditions shall annually certify in response to receipt of a form provided by the Department that:(a) the property owner is aware of his or her obligation to operate and maintain the Active Exposure Pathway Mitigation Measure, including repairing or replacing components of the Measure to resume operation in the event the Measure experiences suspension or failure;(b) the property owner is aware of his or her obligation to notify both the Department and any non-transient occupants of the building protected by the Active Exposure Pathway Mitigation Measure if suspension or failure of the system lasts 30 or more consecutive days; (c) the property owner is aware that the Department may upon reasonable notice inspect the Active Exposure Pathway Mitigation Measure to ensure that it is operating pursuant to the regimen established at 310 CMR 40.1025;(d) financial resources are available to the property owner for the immediate repair and/or replacement of components of the Active Exposure Pathway Mitigation Measure in the event that the Measure experiences failure; and(e) the Active Exposure Pathway Mitigation Measure is operating pursuant to the regimen established at 310 CMR 40.1025.(9) Except as provided pursuant to 310 CMR 40.1025(4), the owner of the property where an Active Exposure Pathway Mitigation Measure is implemented as part of a Permanent Solution with Conditions to prevent the migration of subsurface vapors into a building shall conduct a shutdown and restart test to demonstrate remote monitoring technology is operational in response to a written request by the Department.(10) Where a Permanent Solution with Conditions is based upon the operation of an Active Exposure Pathway Mitigation Measure, the operation of such a measure may be terminated following documentation provided in a revised Permanent Solution Statement pursuant to 310 CMR 40.1000 that the measure is no longer necessary to maintain a Permanent Solution. Such documentation shall include a Risk Characterization conducted pursuant to 310 CMR 40.0900 that evaluates and documents exposure to OHM for Receptor(s) of concern in the absence of the Active Exposure Pathway Mitigation Measure over a period of time sufficient to account for temporal variability and supports a conclusion that a condition of No Significant Risk exists in the absence of such Measure.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.