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MassDEP explains permitting, Build America, Buy America and cybersecurity rules for ECSDC projects
Summary
MassDEP told grantees BABA applies to construction projects over $250,000 and can require domestic sourcing unless an EPA waiver applies; projects that include operational technology must provide cybersecurity assessments or exemption forms; most interior, planning or pilot projects likely avoid MEPA review but larger construction may trigger MEPA/NEPA thresholds.
Abby Jacobs of MassDEP summarized three regulatory and compliance areas that can affect ECSDC-funded projects: Build America, Buy America (BABA), cybersecurity for operational technology (OT), and environmental review/permitting (MEPA/NEPA).
BABA and waivers: Jacobs said BABA generally applies to infrastructure and construction projects and applies to materials such as iron, steel and manufactured construction products for grants tied to construction exceeding $250,000. "Materials and products for the project must be built or they need to be bought in America," she said, adding that BABA does not apply to research/testing projects, planning and design-only work, asphalt paving that will be removed at construction end, or furnishings and equipment such as desks or laptops. She noted EPA offers waivers (for example, small-project general applicability waivers or public-interest waivers) and asked awardees to provide copies of any waivers to MassDEP.
Cybersecurity for OT: Jacobs described OT as hardware or software that directly monitors or controls treatment or distribution processes and said projects involving OT must include a signed cybersecurity certification or a statement of registration with EPA or CISA assessments or a plan to perform a self-assessment within 30 days. There is an exemption form (ERP-CS-OT) for systems without OT.
Permitting and MEPA: Jacobs reiterated that grantees are responsible for obtaining necessary federal, state and local permits and listed common MassDEP water-treatment and well-drilling forms (WS-21 through WS-33 and related forms). She said most projects that occur inside an existing building or are planning/design/pilot testing generally will not require MEPA (Massachusetts Environmental Policy Act) review, but activities affecting wetlands, creating large new impervious surfaces, major habitat alteration or large source-water withdrawals may trigger MEPA environmental notification or impact report requirements.
Why it matters: These requirements can affect project cost, schedule and eligible procurement choices. Grantees were urged to consult regional MassDEP staff and the MEPA team early in project design to identify applicable thresholds and needed documentation.
