310 CMR, § 40.0049 - Remedial Air Emissions
(1) Remedial
actions that involve the emission or discharge of oil and/or hazardous material
to the atmosphere shall be conducted in a manner that ensures the protection of
health, safety, public welfare and the environment, in conformance with 310 CMR
40.0000, 310 CMR 7.00: Air Pollution Control, and any other
applicable permits, approvals, laws or regulations.
(2) Except as provided in 310 CMR 40.0049(3),
point-source atmospheric emissions of oil and hazardous material from remedial
systems and operations including, without limitation, packed-tower or diffused
aeration air strippers, bioreactors and soil vapor extraction systems shall be
treated by control devices prior to their discharge to the ambient
air.
(3) Notwithstanding the
provisions of 310 CMR 40.0049(2), except where specifically required in writing
by the Department based upon its review of proposed or ongoing response
actions, treatment of point-source remedial air emissions is not required at a
disposal site if the untreated emissions:
(a)
are from an Active Exposure Pathway Mitigation Measure or passive venting
system installed to mitigate the migration of subsurface vapors into
living/working spaces of a building, provided the total air emission rate of
all volatile contaminants is less than 100 pounds/year; or
(b) would be at or below a level of no
significant risk to health, safety, public welfare, and the environment;
provided however, that the person undertaking the response action submits an
LSP Opinion to the Department prior to commencement of the remedial action
stating that such untreated emissions will present no significant risk to
health, safety, public welfare and the environment, considering:
1. the mass flux and toxicities of the oil
and hazardous material being emitted;
2. the types and proximity of human and
ecological populations;
3.
background concentrations of oil and hazardous material in the ambient
atmosphere;
4. relevant policies
issued by the Department; and
5.
any other relevant factors.
(4) Treatment of point-source remedial air
emissions may be waived by the Department at sites where timely actions are
needed to prevent or abate an Imminent Hazard to health, safety, public welfare
or the environment. In such cases, control devices shall be installed as needed
as soon as possible.
(5) Except as
provided in 310 CMR 40.0049(7), air-emission control devices shall be designed,
constructed, and operated in a manner that will ensure removal of at least 95%
of the emitted oil and hazardous materials, on a weight basis.
(6)
Monitoring Requirements for
Remedial Actions That Require the Use of an Off-gas Control
System. To ensure compliance with the 95% VOCs reduction
performance standard, each person performing response actions at a disposal
site pursuant to M.G.L. c. 21E, and 310 CMR 40.0000 that require the use of
off-gas control systems to reduce the emission or discharge amounts of oil
and/or hazardous material to the atmosphere shall:
(a) collect and analyze influent and effluent
vapor samples from the off-gas control system one, seven, 14 and 28 days after
system start-up, and monthly thereafter; and
(b) document the results of the monitoring in
the appropriate status report or Remedial Monitoring Report.
(7) Notwithstanding the provisions
of 310 CMR 40.0049(5), except where treatment standards are specified in
writing by the Department based upon its review of proposed or ongoing response
actions, a Licensed Site Professional may submit an Opinion to the Department
that achievement of a 95% level of emission reduction is not feasible or
necessary at a disposal site, based upon an evaluation of conventional
treatment technologies and risks to surrounding human or ecological
populations. This Opinion shall be accompanied by an alternative treatment
control plan that will be implemented at the disposal site.
Notes
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