HomeMy WebLinkAbout03-18-22 Board of Health MemoTOWN OF YARMOUTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451
Telephone (508) 398-2231 ext. 1240, Fax (508) 760-3472
BOARD OF HEALTH
MEMORANDUM
TO: Zoning Board of Appeals (ZBA)
FROM: Carl E. Lawson, Jr., Hazardous Waste Inspector C1,
SUBJECT: ZBA Petition Number 4945
Cape Cod Hospital & Winterbury Solar LLC
4, 30, 34 and 40 Bayview St. West Yarmouth
DATE: March 18, 2022
CC: 1) Mark Grylls, Building Commissioner, Director of Inspectional
Services
2) Yarmouth Fire Prevention
Recommendation
The Health Dept. is hopeful outstanding requested information, including the volume of
antifreeze contained within the electrical inverters, can be gathered during upcoming
discussion, however without receiving and evaluating outstanding items, we do not
recommend the project move forward at this time. Below this memorandum explains
which information has been received, which information is outstanding and the
evaluation process.
Proposal
The Health Department has been informed that Cape Cod Hospital seeks to construct
car ports with canopy -mounted solar panels over an existing parking lot.
Site Plan Review
The project was initially presented to the Town at a Site Plan Review Meeting on Oct. 6,
2021, yet neither the Site Plan Review Application nor Project Summary made any
mention of toxic or hazardous materials or battery storage. On the Site Plan Review
Application under the section List of all Hazardous Materials and Quantities (attach if
necessary): the reply is "None".
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For the above reasons the Health Dept. comments entered on the Site Plan Review
Comment Sheet read: "The Health Dept. has no issue with this project."
Information Learned Since Site Plan Review
More recently on January 7, 2022 the Health Dept. learned via email from the
representing attorney that a lithium ion battery pack associated with the project will be
stored within the Aquifer Protection District (APD) for the public drinking water supply.
Upon learning of the inclusion of a lithium ion battery pack I requested via email to the
representing attorney on January 10 the following information:
1) The name(s) of the type(s) of all toxic or hazardous materials involved with this
proposal.
2) Safety Data Sheets (SDS) for each material above.
3) The volume of toxic or hazardous material in each individual battery.
4) The total number of batteries involved.
5) The total volume of toxic or hazardous materials involved.
On February 25 the Health Dept. learned via email from the representing attorney that
the proposed lithium ion battery storage has been relocated outside the APD.
mentioned during a subsequent phone discussion on the same date the Health Dept.
still needs the requested information as Board of Health Regulation and environmental
concerns still apply outside the APD.
On March 10 the Health Dept. received an email with several attachments from the
representing attorney. Included was product information documents from equipment
manufacturers and a Material Safety Data Sheet (MSDS) for the batteries, but
unfortunately the requested information was not included. An SDS, formerly MSDS is a
document that provides safety and health information on hazardous materials. These
documents are unique to the manufacturer and type of material.
The Material Safety Data Sheet (MSDS) submitted for the batteries was not the current
standard document known as a Safety Data Sheet (SDS) required by federal regulation
since 2015 and containing more complete, present information. The MSDS was
reviewed and if the current product has not changed it appears liquid is present as
Section 4 Accidental Release Measures states "Remove spilled liquid with absorbent..."
From a current SDS the Health Dept. seeks to learn of the physical properties of the
batteries including whether or not included electrolyte is in liquid, gel or paste form and
how the form may change with exposure to air (in the event of a container rupture).
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Submitted information also included a document regarding an energy storage inverter
that is liquid -cooled. This was the first time the Health Dept. learned of the inclusion of
an inverter with this project. Since the inverter is specified as being liquid cooled the
Health Dept. seeks to learn of the coolant type and volume. Also of interest to the Health
Dept. are the details of any other toxic or hazardous materials held by the inverter and
whether or not the inverter will be located outside the APD as is now the case with the
batteries. The inverter is listed as having a weight of 725 pounds so it is a substantial
component.
After review of the above I emailed the representing attorney on March 18 requesting an
in -person meeting on March 21 to review outstanding items and received a response on
March 21 that it would probably be best for me to speak directly with the manufacturer.
Regulatory Items
The Board of Health (BOH) Regulation "Handling and Storage of Toxic or Hazardous
Materials," effective May 2, 1990, and licensing requirement will be applicable to this
proposal as the involved quantities of materials are in excess of the licensing threshold
of 10 gallons liquid measure and 5 pounds dry weight. The regulation includes, but is
not limited to, 150% volume secondary containment of toxic or hazardous materials.
Environmental Concern
The Health Dept. is concerned regarding potential impact of toxic and hazardous
materials to groundwater and the environment in the event of an inadvertent release.
Information regarding material types, quantities, physical forms, containment vessel
types and container protection equipment will further the Health Department review of
the proposal.
Update March 21: It was learned via email from the representing attorney that she is
facilitating direct conversation between the Health Dept. and equipment manufacturer.
Update — March 22: After this memorandum was written the following development
occurred. -
Late morning on March 22 the representing attorney provided hazardous material
quantities and Safety Data Sheets via email. Unfortunately at this point there was not
sufficient time remaining for the Health Department to completely review before
submission of comments to the Zoning Board of Appeals (ZBA). The estimated total
weight of the involved toxic and hazardous materials is listed as 18,011 kilograms (kg)
which equates to approximately 39,707 pounds or two tons. A limited review of the
accompanying Safety Data Sheets (SDS) find that of the eleven different materials
listed, six are dry (powder or solid) and five are liquid. Knowing now that the project
involves a substantial amount of hazardous materials the Health Dept. submitted the
following questions late afternoon on March 22 via email late to the representing
attorney.
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1) What will the batteries power?
2) Will the battery racks have an integrated fire suppression system?
3) Do the batteries have double -hulled cases?
4) Do the battery racks have any secondary containment volume?
5) Has a spill / release response plan been developed and if so may we please
receive a copy? The APD line seems to be about 100' north of the battery
installation and there are two catch basins nearby to the east. These are areas
that should be protected from impact during spill response.
6) Will there be any bollards or barriers installed around the batteries and inverters
to guard against vehicle strikes? I don't see any indicated on the BSC site plan,
but perhaps there is a plan with more detail.
7) Are there any other systems or components intended to guard against an
inadvertent release of materials?
It was not believed answers to the above questions would be available in time for
consideration before the ZBA comment deadline, yet such information will be helpful in
the continued evaluation of this project.
Update — March 23:
The Health Department received an email response this morning from the representing
attorney stating that secondary containment and spill plans do not apply to lithium ion
batteries as they are fully sealed systems. I requested elaboration on this position for
the following reasons: 1) fully sealed systems are not necessarily immune to an
inadvertent release of contents, 2) it is my understanding that lithium ion batteries
contain a liquid electrolyte, (3) four of the ten materials listed as battery components are
liquids and (4) Yarmouth Board of Health Regulation requires secondary containment
for toxic and hazardous materials.
ld