Current through Register 1531, September 27, 2024
(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; or
5. 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);
and
3. 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.
