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MassDEP reviews BABA, flood, cybersecurity and permitting requirements for ECSDC projects
Summary
MassDEP staff explained which ECSDC projects must meet Build America Buy America, flood-risk, cybersecurity and permitting standards and what documentation grantees must provide.
At a MassDEP webinar for ECSDC grantees, Abby Jacobs, ECSDC grant program manager, outlined federal and state compliance requirements that some awardees must meet before drawing funds.
"Build America Buy America, typically say BABA," Jacobs said, noting that the rule generally applies to construction projects with grant-funded construction costs over $250,000 and requires iron, steel, manufactured products and construction materials to be produced in the United States unless a waiver applies. Jacobs said grantees must provide bid or design documents listing materials and manufacturer certifications when BABA applies.
Jacobs said the BABA requirement does not apply to research and testing projects, planning or design-only activities, or construction awards below the $250,000 threshold. Grantees can submit an EPA project-level waiver, a public interest waiver or evidence that design work began before May 14, 2022, if applicable.
Flood-risk management standards apply when a project builds a new above-ground structure (for example, a pump station or treatment plant) or when a project is a "substantial improvement"—defined in the presentation as work costing more than 50% of a facility's market value or replacement cost. Jacobs said grantees must certify use of the Massachusetts climate resilience design standards tools, provide design documents showing structures are outside the FEMA-mapped 100-year floodplain or above the 100-year flood elevation, or provide flood insurance for projects in mapped flood hazard areas.
Cybersecurity requirements apply to projects that include operational technology—hardware or software that directly monitors or controls physical water treatment or distribution equipment and can be connected to networks. Jacobs said documentation must show a grantee has performed a cybersecurity assessment, has registered with the EPA or the Cybersecurity and Infrastructure Security Agency for a free assessment, or will perform a self-assessment within 30 days. A separate ERPCS-OT form can be used to attest the system does not have operational technology.
Permitting is the grantee's responsibility, Jacobs said. Most projects will require MassDEP permits—examples she listed include W-S forms for source or modification notifications and treatment-plant forms, pilot study and construction facility modification forms, groundwater and well driller forms, underground injection control forms and zone 2 pumping documentation. Jacobs advised grantees to contact regional MassDEP staff for permitting questions.
Jacobs also clarified that the Massachusetts Environmental Policy Act (MEPA) review applies to projects that are state agency undertakings, require state permits or involve state financial assistance; she said most ECSDC projects will not trigger MEPA but that early determination during design is recommended.
Why this matters: these compliance steps determine whether particular projects are eligible for grant funds, require additional documentation, or trigger permits and reviews that can affect schedule and cost.
What grantees should do next: review their project scope with engineers to determine BABA, flood-risk and cybersecurity applicability; gather manufacturer certifications and design documentation if applicable; and contact regional MassDEP staff for permitting and MEPA questions.
