HomeMy WebLinkAboutcertificate EEA and SEIR
The Commonwealth of Massachusetts
Executive Office of Energy and Environmental Affairs
100 Cambridge Street, Suite 900
Boston, MA 02114
Charles D. Baker
GOVERNOR
Karyn E. Polito
LIEUTENANT GOVERNOR
Bethany A. Card
SECRETARY
Tel: (617) 626-1000
Fax: (617) 626-1181
http://www.mass.gov/envir
September 30, 2022
CERTIFICATE OF THE SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS
ON THE
NOTICE OF PROJECT CHANGE
PROJECT NAME : Yarmouth Comprehensive Wastewater Management Plan
PROJECT MUNICIPALITY : Yarmouth
PROJECT WATERSHED : Cape Cod
EEA NUMBER : 14659
PROJECT PROPONENT : Town of Yarmouth
DATE NOTICED IN MONITOR : August 24, 2022
Pursuant to the Massachusetts Environmental Policy Act (MEPA; M.G.L. c. 30, ss. 61-62L) and
Section 11.08 of the MEPA regulations (301 CMR 11.00), I have reviewed the Supplemental Single
Environmental Impact Report (Supplemental SEIR) and hereby determine that it adequately and
properly complies with MEPA and its implementing regulations.
Project History and Description
Beginning in 2003, the Town worked with its Integrated Water Resources Planning (IWRP)
Committee to develop a program to address community wastewater management needs, protect drinking
water sources, and restore valuable estuaries. The Town prepared the Single EIR (SEIR)/Comprehensive
Wastewater Management Plan (CWMP) as the final phase in the planning process. The SEIR/CMWP,
which identified a Recommended Program, was submitted to the MEPA Office in 2011. The Town
proposed to revise the traditional approach of onsite Title 5 septic systems and a septage-only treatment
plant for the following reasons:
1) To address the need to reduce the amount of nitrogen discharging to groundwater from Title
5 systems as a result of the population growth and the increased number of septic systems
2) To provide adequate treatment and disposal of wastewater for new development and
revitalize existing commercial facilities along the Route 28 corridor
3) To protect the community’s drinking water sources from future impacts due to elevated
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nitrogen levels in groundwater
4) To meet the Massachusetts Estuaries Program (MEP) goals since the Massachusetts
Department of Environmental Protection (MassDEP) will issue a watershed permit to area
communities with a Total Maximum Daily Load (TMDL) requirement for nitrogen removal
based on the results of the MEP studies
The 2011 CWMP proposed the five-phased construction of a new centralized municipal sewer
system, associated collection and conveyance systems, and implementation of non-structural elements to
achieve significant reductions of nitrogen loading and meet TMDL limits for the coastal embayments
surrounding the Town over a period of 25 to 30 years. The 2011 Recommended Program included:
• Yarmouth Wastewater Treatment Facility (WWTF)
Construction of a new centralized wastewater treatment and disposal facility, at the existing
Yarmouth-Dennis Septage Treatment Plant (STP) effluent recharge site, capable of achieving
effluent concentration limits of 3-5 milligrams per liter (mg/L) for Total Nitrogen (TN) with
an initial designed capacity to treat and dispose up to 0.65 million gallons per day (MGD) of
wastewater flows for Phases 1 and 2 and a build-out flow of 2.75 MGD.
• Proposed Sewer Implementation and Phasing
Construction of seven pumping stations, seven vacuum stations and ±125 miles of new
municipal sewer pipes to convey ±2.75 MGD of wastewater flows collected from 9,580
individual properties (±67 percent of Yarmouth parcels) located in the Lewis Bay, Parkers
Rivers and Bass River watersheds for treatment and onsite disposal at the WWTF.
Phase 1 would include construction of the new WWTF (operating at a lower design
capacity); the main gravity sewer along Route 28, from the Barnstable town line to the
Parkers River Bridge; the main pumping station (P3) near the Parkers River; and new
effluent recharge basins at Yarmouth’s existing Buck Island Road effluent recharge site (R1)
using open infiltration basins. Phase 1 would provide the main conveyance system for future
collection areas, the WWTF and the recharge basins.
Sewering of 27 sub-areas in five phases, with each phase in five-year increments, and
decommissioning of the Yarmouth-Dennis STP once the new WWTF was online.
• Parkers River Bridge
Widening of the bridge opening at Parkers River to accommodate increased tidal flushing to
meet the MEP goals for the Parkers River system.
• Non-Structural Program Elements
Implementing non-structural program elements designed to reduce nutrient loading including
growth management regulations; public outreach and education programs for controlling use
of fertilizer products on lawns, gardens and agricultural areas; low impact landscaping;
stormwater management controls; enhancement of embayment flushing rates; and water
conservation measures.
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• Adaptive Management Plan (AMP)
Employing an AMP to enable the Town to revisit the Recommended Program and modify the
phasing, timing, or exact areas to be sewered based on results of earlier implementation
phases to comply with anticipated nitrogen TMDLs. The strategy also allowed for inclusion
of additional features or innovative alternatives that would improve nitrogen removal levels.
The Town intended to continue to reassess each phase prior to design and construction.
While construction of Phases 1 and 2 would occur without a regional solution, regional
opportunities would be explored through the AMP. The Town anticipated that Barnstable and
Dennis would be further along in their planning processes and better positioned to examine
the viability of a regional solution with Yarmouth in later phases.
The Certificate on the SEIR was issued on August 26, 2011 and indicated that the SEIR/2011
CWMP adequately and properly complied with MEPA. The SEIR identified a number of conditions
under which an NPC would be required including updates associated with the MEP report for the Bass
River watershed. The NPC for the additional phases was submitted to MEPA in February of 2022. The
NPC Certificate issued on April 15, 2022 determined that further analysis was required and that the
project’s environmental impacts and mitigation measures had not been adequately analyzed prior to the
close of MEPA review. The Certificate therefore required a Supplemental SEIR, which is reviewed
herein.
Project Change Description
The 2011 Recommended Program was developed to align with the MEP nitrogen reduction goals
known at that time for the Lewis Bay and Parkers River watersheds. However, analysis of the
subsequent Bass River watershed MEP results concluded that updates to the 2011 Recommended
Program would be necessary to fully meet nitrogen reduction goals. The Town’s Water Resources
Advisory Committee (WRAC; formerly referred to as the IWRP Committee) was formed in 2018 to
coordinate the wastewater planning initiative that resulted in the activities described in this NPC. The
NPC summarizes the wastewater management plan that was presented in the 2011 CWMP and presents
the recommended revisions to the plan based on the results of the Bass River MEP report, which
concluded that the Yarmouth portion of the Bass River watershed would need to be included in the
wastewater collection system.1 The updated 2022 Recommended Program expands on the program as
presented in the 2011 CWMP and is comprised of eight phases over a period of 40 years (in five-year
increments) instead of five phases in a period of 25 to 30 years; the boundaries of the original five
phases have also been altered. The phases have been revised based on a variety of impacts including
economic growth, location, watershed, and nitrogen removal.
1 According to the NPC, the draft Barnstable Great Marshes-Bass Hole Estuarine System MEP Report was completed in
June 2017 but that system does not require nitrogen removal from Yarmouth so does not impact the 2011 Recommended
Program.
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As described in the Supplemental SEIR, the Town now proposes to install a new Water Resource
Reclamation Facility (WRRF),2 15 pumping stations, nine vacuum stations, and ±174 miles of new
sewer mains 3 to provide collection, treatment, and disposal of a total build-out flow of 3.537 MGD. This
revised plan represents an increase of 0.75+ mgd of flow capacity at the WRRF and 49 additional miles
of new sewer main, as compared to the 2011 Recommended Program. The proposed initial capacity of
the WRRF is 1.8 MGD of average daily flow for Phases 1 through 3. Construction for Phase 1 is
expected to start in 2023 or 2024. All proposed sewer construction will occur within existing Town- or
state-owned roadways except for the proposed 2,900 linear feet (lf) of cross-country force main (within
existing gravel roads) to the WRRF. Areas of the town not proposed for sewering will continue to rely
on onsite septic systems and will continue to be managed through adaptive management.
A summary of activities planned during the 8 phases of the 2022 Recommended Program is as
follows:
• Phase 1: construction of the new WRRF (at a lower design capacity), six pumping stations
and ±11 linear miles of gravity sewer mains, ±0.2 miles of low-pressure sewer mains and ±4
miles of force mains; a main gravity sewer interceptor along Route 28 from the Barnstable
town line to the Dennis town line (in coordination with Massachusetts Department of
Transportation (MassDOT) construction projects); and sewering businesses and resorts along
South Shore Drive
• Phase 2: sewering many users in higher density residential areas north and south of Route 28
within the Parkers River and Lewis Bay watersheds
• Phase 3: sewering business areas along Nantucket Sound and remaining residential areas
within the Lewis Bay watershed as well as residential areas within central Yarmouth
• Phase 4: sewering high-density residential area in the Bass River watershed and upgrades to
WRRF to accommodate full build-out flows
• Phase 5: sewering area south of Route 28 between Parkers River and Bass River as well as
the remaining area north of Route 28 and south of Route 6 in the Lewis Bay watershed
• Phase 6: sewering residential areas in the Parkers River and Bass River watersheds
• Phase 7: sewering businesses adjacent to Route 6 as well as the nearby schools and
residential areas in the Bass River watershed
• Phase 8: sewering the area north of Route 6 in the Bass River watershed
The 2022 Recommended Program will have an estimated construction cost of ±$541 million.
The estimated operation and maintenance (O&M) costs for the Recommended Program total ±$2.8
million in Year 1 (0.43 MGD) and $12.5 million at full build-out (3.54 MGD). Phase 1 will have an
estimated construction cost of $162.4 million. The Town is continuing to evaluate various cost recovery
models with the intent of using a combination of funding sources to avoid impacting the general tax rate.
The NPC indicates that a potential wastewater capital cost funding plan for Phase 1 of the program has
been developed and lists potential funding sources. Costs and funding plans will be refined as each
2 Previously referred to in the SEIR as the Yarmouth Wastewater Treatment Facility (WWTF).
3 Including ±79 miles of gravity sewer mains, ±67 miles of vacuum sewer mains, ±18 miles of low-pressure sewer mains and
±10 miles of force mains.
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phase of the Recommended Program is implemented.
Project Site
Yarmouth is located in the central section of Cape Cod and is bordered by Cape Cod Bay to the
north, Dennis to the east, Nantucket Sound to the South, and Barnstable to the west. The Bass River and
its tributaries make up most of the Town’s border with Dennis. According to data from the 2020 U.S.
Census, Yarmouth has a population of 25,023 people, which increases substantially in the summer.
Yarmouth’s public drinking water is supplied from municipal groundwater wells located throughout
town. The Town-wide average daily wastewater flow is 2,551,000 gallons per day (gpd). The Town
does not have a municipal wastewater collection system (wastewater flow is directed primarily to septic
systems on each lot), and the only municipal wastewater facility is the Yarmouth STP, which accepts
septage from Yarmouth and Dennis and several other Cape Cod communities. The STP is located at 47
Workshop Road in South Yarmouth and was designed to treat an annual average flow of 57,500 gpd and
is permitted to discharge 28 million gallons per year to either of two disposal/reuse sites. Residuals from
the facility are hauled out of state to an approved landfill. Effluent from this facility is used as irrigation
source water for the Bayberry Hills golf courses. Seven parcels have onsite wastewater treatment plant
facilities, regulated by MassDEP to handle over 10,000 gpd collectively. The Town is divided into the
following watersheds: Nantucket Sound; Cape Cod Bay; Parkers River (North and South); Lewis Bay
(North and South); Bass River (North and South); Mill Pond; Dinah’s Pond; Hallet’s Mill Pond; Follin’s
Pond; and Barnstable Great Marsh-Bass Hole.
The proposed location of the WRRF and an effluent recharge site (R1) consists of a 155.4-acre
Town-owned parcel off Buck Island Road in West Yarmouth at which the Yarmouth STP effluent
recharge site is located. It is located in the Parkers River watershed. The site is located outside of Zone
II water supply protection areas and does not contain rare species habitat; while a complete wetlands
delineation has not yet been conducted, the site appears to include wetland resources areas and the
southern portion of the site appears to include areas identified as 100-year floodplain (the WRRF site is
outside of wetlands including the 100-year floodplain). The second effluent recharge site (R2) is
proposed at the Bass River Golf Course (BRGC), a Town-owned parcel off Highbank Road. It is located
in the Bass River watershed. The site is located outside of water supply protection zones and does not
contain rare species habitat; it appears to contain wetlands including 100-year floodplain.
Yarmouth contains both freshwater and coastal wetland resource areas, including Bordering
Vegetated Wetland (BVW), Riverfront Area (RFA), Bordering Land Subject to Flooding (BLSF), Land
Subject to Coastal Storm Flowage (LSCSF), Isolated Land Subject to Flooding (ILSF), and Salt Marsh.
The Federal Emergency Management Agency (FEMA) prepared a series of Flood Insurance Rate Maps
(FIRM), effective July 16, 2014, that depict flood zones across the Town. Coastal Flood Zones with
Velocity Hazard (VE zone) are located along the northern and southern coasts and the 100-year flood
plain extends landward from the coasts with varying Base Flood Elevations (BFE). The Massachusetts
Department of Conservation and Recreation’s (DCR) Cape Cod Rail Trail (CCRT) crosses the central
part of the Town. Areas of Priority and Estimated Habitat for rare species are located in several areas
within Yarmouth. The proposed Buck Island Road effluent recharge site is located within one mile of 5
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EJ population(s) characterized by Minority (2) and Income (3).4 As described below, the Supplemental
SEIR identified the “Designated Geographic Area” (DGA) for the project as 1 mile around EJ
populations, included a review of potential impacts and benefits to the EJ populations within this DGA,
and described public involvement efforts undertaken to date.
Environmental Impacts and Mitigation
As previously described, the Town estimated that implementation of the 2011 CWMP would add
±3 acres of impervious area and impact 289,000 square feet (sf) of RFA, 27,000 sf of BLSF, and
1,548,000 sf of LSCSF and stated that depending on its final design, the project may require an
easement over or acquisition of Article 97-protected land. The 2011 CWMP would consist of 125 miles
of new sewer mains and would convey 2.75 MGD of wastewater flows from 9,580 individual properties
for treatment and onsite disposal at the proposed Yarmouth WWTF. The Supplemental SEIR confirms
that no easement or acquisition of Article 97-protected land will be required.5 The Supplemental SEIR
provided an updated estimate of potential wetland resource area impacts for the implementation of the
2022 Recommended Program (Phases 1-8), including sewering the Yarmouth portion of the Bass River
watershed, to include the addition of ±3 acres of impervious area, 94,120 sf of RFA, 60,120 sf of BLSF,
and 890,200 sf of LSCSF for the 2022 Program to include: 174 miles (+49 miles) of new sewer mains
and would provide treatment and disposal of a total build out flow of 3.537 MGD (+.75 MGD) at the
proposed WRRF.
The project is intended to improve aquatic health and water quality by providing more effective
wastewater treatment. Measures to avoid minimize and mitigate construction impacts include the use of
controls to minimize water quality, wetlands, noise and air impacts, and limiting areas of disturbance by
locating work within previously disturbed areas where possible. Detailed construction period mitigation
measures are listed in the SEIR, NPC, and Supplemental SEIR. Additional phase-specific mitigation
measures should be included in future permit applications and MEPA filings (if required).
MEPA Jurisdiction and Permitting
The CWMP originally underwent MEPA review including submission of a mandatory EIR
pursuant to 301 CMR 11.03(5)(a)(1) and 11.03(5)(a)(3) because it requires Agency Action and will
involve construction of a new wastewater treatment facility with a capacity of 2,500,000 or more gpd
and construction of one or more new sewer mains of ten or miles in length. It also originally exceeded
ENF review thresholds pursuant to 301 CMR 11.03(1)(b)(3) and 11.03(3)(b)(1)(f) because it may result
in the conversion of land held for natural resources purposes in accordance with Article 97 of the
Amendments to the Constitution of the Commonwealth to any purpose not in accordance with Article
97, and results in alteration of one-half or more acres of other wetlands (RFA, BLSF, and LSCSF).
Activities proposed under the CWMP would require a Sewer Connection/Extension Permit and a
4 The Bass River Golf Course effluent recharge site is located within 1 mile of one of the same EJ populations identified for
the Buck Island Road recharge site, characterized by Income.
5 The Supplemental SEIR states the land was acquired by eminent domain for recreation purposes in 1953 which predated
Article 97 (amendment to the Constitution of the Commonwealth in 1972).
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Groundwater Discharge Permit (GDP) from MassDEP, a State Highway Access Permit from MassDOT,
and review under the Massachusetts Endangered Species Act (MESA) by the Massachusetts Division of
Fisheries and Wildlife (DFW) Natural Heritage Endangered Species Program (NHESP).
The activities under the CWMP also require Orders of Conditions from the Yarmouth
Conservation Commission (and on appeal only, a Superseding Order of Conditions from MassDEP);
review by the Massachusetts Historical Commission (MHC); concurrent review as part of the Cape
Code Commission (CCC) Development of Regional Impact (DRI) process; and a National Pollutant
Discharge Elimination System (NPDES) Construction General Permit from the U.S. Environmental
Protection Agency (EPA). The project may require Federal Consistency Review with the Massachusetts
Office of Coastal Zone Management (CZM) and a Section 10 and/or Section 404 Permits from the U.S.
Army Corps of Engineers (ACOE). The project is subject to the 2010 MEPA Greenhouse Gas Emissions
Policy and Protocol (GHG Policy).
The project changes disclosed in the February 2022 NPC (including construction of an additional
49 miles of sewer mains) implicates the mandatory EIR threshold at 301 CMR 11.03(5)(a)(3)
(construction of ten or more miles of sewer main). The project change also implicates the ENF threshold
at 301 CMR 11.03(5)(b)2., expansion of an existing wastewater treatment and/or disposal facility by the
greater of 100,000 gpd or 10% of existing Capacity. The 2022 Recommended Program will continue to
require the permits/approvals listed above with the exception of DRI approval from the CCC.6
The Town anticipates seeking Financial Assistance from the Commonwealth in the form of State
Revolving Fund (SRF) loans for subsequent planning and construction of each phase of the CWMP.
Therefore, MEPA jurisdiction is broad and extends to all aspects of the project that may cause Damage
to the Environment, as defined in the MEPA regulations.
Review of the Supplemental SEIR
The Supplemental SEIR indicates that there have been no material design changes to the CWMP
or Recommended Program since the filing of the NPC. The Supplemental SEIR contains a more detailed
Wastewater Flow Summary, a breakdown of estimated wetland impacts by phase, and additional
analysis of Greenhouse Gas Emissions (GHG). The Supplemental SEIR contained an updated output
report from the MA Climate Resilience Design Standards Tool prepared by the Resilient Massachusetts
Action Team (RMAT) (the “MA Resilience Design Tool”),7 for the three major project areas together
with information on climate resilience strategies to be undertaken by the project. It identified measures
to avoid, minimize and mitigate environmental impacts. The Supplemental SEIR provided a response to
comments on the NPC and draft Section 61 Findings. It also contained an assessment of the public
health impacts of the project and information related to impacts on EJ populations as required by 301
CMR 11.07(6)(n).
6 Under the CCC’s current regulations, the Yarmouth CWMP no longer requires DRI approval, but does require review by
the CCC for consistency with the Section 208 Area-Wide Water Quality Management Plan for Cape Cod (208 Plan).
7 https://resilientma.org/rmat_home/designstandards/
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Environmental Justice
As noted above, the project sites are located within 1 mile of 5 EJ populations characterized by
Minority (census tract 121.01, block groups 1 and 2) and Income (census tract 120.02 block group 1 8,
121.01, block group 3, and census tract 121.02 block group 1). Within census tracts containing the
above EJ populations within one mile of the project site, the following languages are identified as those
spoken by 5% or more of residents who also identify as not speaking English very well: Portuguese
Creole.
I note that under Section 58 of St. 2021, c. 8, An Act Creating a Next Generation Roadmap for
Massachusetts Climate Policy, and amendments to MEPA regulations effective December 24, 2021, all
projects filed on or after January 1, 2022 and located within at least 1 mile of an EJ population will be
required to provide additional analyses of environmental and public health impacts to identified EJ
populations in the form of an EIR. Two related MEPA protocols – the MEPA Public Involvement
Protocol for Environmental Justice Populations (“MEPA EJ Public Involvement Protocol”) and MEPA
Interim Protocol for Analysis of Project Impacts on Environmental Justice Populations (“MEPA Interim
Protocol for Analysis of EJ Impacts”) – are also in effect for new projects filed on or after January 1,
2022.9 While the original project commenced review prior to January 1, 2022 and the filing currently
under review stemmed from an NPC which is not subject to these requirements, the 2022 NPC and
Supplemental SEIR described the project’s past and planned efforts to reach out to EJ communities, and
provides an analysis of potential impacts to EJ populations.
To enhance the public involvement of EJ populations, the Town provided advance notification of
the Supplemental SEIR filing on July 10, 2022 to a list of community-based organizations (CBOs) and
tribes/indigenous organizations (the “EJ reference list”) provided by the EEA EJ Director. The advance
notification was translated into Portuguese Creole. The Town also provided outreach and project
documents on the Water Resources page of the Town website. As described in the 2022 NPC, outreach
has included:
• Monthly WRAC meetings open to the public and recorded for Town’s YouTube page
• Regular wastewater-specific agenda items at Board of Selectmen meetings
• Dedicated Town WRAC Webpage featuring wastewater program updates
• Email/Text signup list for wastewater program updates
• Watershed and neighborhood meeting presentations with informational flyers
As requested in the Certificate on the NPC, the Supplemental SEIR reviewed sources of potential
pollution that exist within the identified EJ populations, based on the mapping layers available in the
DPH EJ Tool. This analysis was conducted to determine if the WRRF or the two planned effluent
recharge locations would pose any disproportionate burden or risk on the EJ populations within 1 mile.
Based on the mapping layers, the following additional groundwater discharge permits were identified
within or immediately adjacent to the EJ populations:
8 This EJ population is within one mile of both effluent recharge sites.
9 Available at https://www.mass.gov/service-details/eea-policies-and-guidance.
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• The Cavalier Motor Lodge Redevelopment at 881 Route 28 in Yarmouth is authorized to
discharge into the ground from their wastewater treatment facilities 14,190 gpd of treated
effluent (MassDEP Groundwater Discharge Permit BWR No. 969) (adjacent to census tract
120.02 block group 1).
• Mill Pond Village Condominium off Camp Street in Yarmouth is authorized to discharge into the
ground from their wastewater treatment facilities 44,880 gpd of treated effluent (MassDEP
Groundwater Discharge Permit BWR No. 742) (within census tract 121.01, block group 2).
• Yarmouth STP located at 47 Workshop Road in Yarmouth is authorized to discharge into the
ground from 28 MGYR of treated effluent (MassDEP Groundwater Discharge Permit BWR No.
451) (adjacent to census tract 121.01, block group 1).
• Mayflower Place at 579 Buck Island Road in Yarmouth is authorized to discharge into the
ground from their wastewater facilities 25,000 gpd of treated effluent (MassDEP Groundwater
Discharge Permit BWR No. 305) (adjacent to census tract 121.01, block group 2 and census tract
121.02, block group 3).
The proposed location of the effluent recharge sites for the new WRRF included in the 2022
Recommended Program would be sited to the south of census tract 121.01 block group 3 and just south
and east of census tract 121.01 block group 1. The Supplemental SEIR indicates that the proposed
recharge sites, once constructed, will comply with permit standards for groundwater discharge and will
be an overall benefit to the Town, including EJ populations, by removing excess nitrogen from
groundwater via wastewater treatment. In addition, MassDEP sets discharge limitations for numerous
effluent characteristics to protect public health in the immediate vicinity of the discharge site as well as
the surrounding community, including protection of the EJ populations within the DGA. The permittee
is required to conduct daily, monthly, and annual monitoring to record the quality of the influent and the
quality and quantity of the effluent prior to discharge to the recharge facilities. The discharge permit also
has monthly and quarterly monitoring and reporting requirements for one upgradient and four
downgradient monitoring wells.
Based on the mapping layers available in the DPH EJ Tool, the Supplemental SEIR reports that
there are also a number of facilities that store hazardous materials within the identified EJ populations,
underground storage tanks associated with gas stations (3), and large quantity generators (2).While this
analysis indicates there is some indication of an existing “unfair or inequitable” burden, it asserts that
the project will not result in disproportionate adverse effects, or increase the risks of climate change, on
the EJ populations by materially exacerbating such existing burdens. The Supplemental SEIR presented
environmental benefits that will extend to EJ populations including reducing nutrients from groundwater
and protecting drinking water and surface waters that may be used for recreational purposes by the EJ
populations. By reducing onsite septic system inputs into the groundwater, the project will result in a
beneficial reduction of all contaminants contained in wastewater effluent including nitrogen,
phosphorus, bacterial and viral constituents, and contaminants of emerging concern (CEC’s) such as
pharmaceuticals and personal care products and per- and polyfluoroalkyl substances (PFAS).
Public Health
As noted above, the Supplemental SEIR included the required monitoring parameters required
by MassDEP under a groundwater discharge permit as listed in the table below.
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In addition to these limitations, the following criteria to protect public health must also be met:
• The pH of the effluent shall not be less than 6.5 nor greater than 8.5 at any time or not more than
0.2 standard units outside the naturally occurring range.
• The discharge of the effluent shall not result in any demonstrable adverse effect on the
groundwater or violate any water quality standards that have been promulgated.
• The monthly average concentration of BOD and TSS in the discharge shall not exceed 15
percent of the monthly average concentrations of BOD and TSS in the influent into the
permittee’s wastewater treatment facility.
• When the average annual flow exceeds 80 percent of the permitted flow limitations, the
permittee shall submit a report to MassDEP describing what steps the permittee will take in order
to remain in compliance with the permit limitations and conditions, inclusive of the flow
limitations established in the permit.
As discussed, the Supplemental SEIR identifies a number of public health benefits that would
accrue from the activities described in the 2022 Recommended Program, including removing excess
nitrogen from groundwater and protecting drinking water supplies.
Wastewater and Water Quality
As described above, the project includes construction of a new WRRF, 15 pumping stations, 9
vacuum stations and approximately 79 linear miles of gravity sewer mains, 67 linear miles of vacuum
sewer mains, 18 linear miles of low-pressure sewer mains and 10 linear miles of force mains. As
previously stated in comments on the NPC, MassDEP cautions against the use of vacuum sewers and
recommends a mix of gravity, low-pressure, and force main. The Supplemental SEIR states that the
Town will evaluate the types of sewers to be installed during each phase. The Town will consider long-
term operation and maintenance, customer use and reliance, and costs during the selection process. The
Town states a preference for gravity sewers in general.
As requested by the Certificate on the NPC, the Town states that the total expansion in treatment
capacity associated with the WRRF is 3.54 MGD at buildout. In addition, the Yarmouth Sewage
Treatment Plant (STP), which will remain online after construction of the WRRF, will continue to treat
110,000 gpd during the peak month. The Town further states the Yarmouth STP will continue to treat up
to 28 MG per year without violating permitted effluent quality limits.
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According to the NPC, a Permeable Reactive Barrier (PRB) is not part of the preferred plan for
the Town; however, the Town is keeping the PRB as an option if additional nitrogen removal is required
in the future. Conceptually, the Town believes that a PRB downgradient of a disposal site would
intercept the treated wastewater effluent mixed with groundwater and further reduce nitrogen
contributions to the receiving embayment. Implementation of a PRB is directly contingent on treatment
facility effluent quality and, therefore, would only be included in the future through adaptive
management. The Supplemental SEIR states the Town understands that further MEPA review may be
required if a PRB is recommended and comments from MassDEP indicate support for the Town’s use of
adaptive management. The Supplemental SEIR also identifies additional alternative strategies available
under an adaptive management approach. These include widening of the Route 6 Brides and the Cape
Cod Rail Trail Bridge to reduce the tidal restriction and increase flushing in the upper Bass River
Watershed. The Town is directed to consult with the MEPA office upon commencement of any non-
structural or other alternative strategies for wastewater management, including any bridge and/or road
widening efforts, to determine the need for further review. Any material change to the CWMP to
significantly increase the Town’s reliance on alternative strategies to obtain nitrogen removal credit may
require an additional NPC filing.
Comments from Mass DEP commend the Town for its effort to address nitrogen issues in a
phased approach and state that construction of a centralized treatment facility and expanding
methodically into the impaired watersheds with traditional sewering, will initiate some immediate
action. MassDEP indicates that acknowledgement and planning around buildout flows assures that the
plan not only addresses current needs but future needs as well. Comments from MassDEP state that
notwithstanding unpredicted changes in land use, the Town will achieve over removal of the estimated
removal requirements.
Wetlands and Waterways
As noted above, the Supplemental SEIR provided updated wetland impact information for the
implementation of the Recommended Program as 94,120 sf of RFA, 60,125 sf of BLSF, and 890,200 sf
of LSCSF. The Supplemental SEIR states that impacts to wetland resource areas are temporary for open
cut installation of the collection sewers within existing paved street with the exception of 7,290 square
feet of permanent impact to LSCSF and 2,940 square feet of RFA for construction of sewerage pumping
and vacuum stations. The number of wastewater pumping stations located with LSCSF has been reduced
since the filing of the NPC, including the following changes:
• South Shore Drive Pumping Stations 5 and 6 were consolidated into one pumping station to be
located on a Town-owned parcel on the north side of South Shore Drive. The consolidated
pumping station would still be located within the AE flood zone; however, consolidation reduces
the permanent impacts to LSCSF by approximately 590 square feet (based on a 12’ by 24’
building, and two 10’ by 15’ wet well and valve vault structures).
• Pumping Station 1 on Route 28 near Mill Pond has been shifted to a Town-owned parcel located
out of the AE flood zone.
• Pumping Station 4 at the intersection of Old Main Street and Route 28 has been shifted to a
Town-owned parcel located out of the AE flood zone.
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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The following table details the temporary and permanent wetland impacts by phase:
According to the Supplemental SEIR, all work will comply with the performance standards of
the Massachusetts Wetlands Protection Act Regulations at 310 CMR 10.00 as well as the local
Yarmouth Wetlands Protection Bylaw (Bylaw) and Wetland Protection Regulations. The Supplemental
SEIR states that there are no performance standards for LSCSF but adds that the Bylaw Regulations
have performance standards for activities within LSCSF that results in altering land within 300 feet of a
major estuary. Comments from CZM note that LSCSF is a protected resource area under the Wetlands
Protection Act and that 310 CMR 10.03(5) indicates that each resource area subject to protection is
presumed to be significant to one of more of the interests of the Act. Comments from CZM point the
Town to the MassDEP and CZM produced guidance from 2017, Applying the Massachusetts Coastal
Wetlands Regulations: A Practical Manual for Conservation Commissions to Protect the Storm Damage
Prevention and Flood Control Functions of Coastal Resource Areas (“Coastal Manual”), that includes
guidance for protection of LSCSF. Comments from CZM state the proponent should address this
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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guidance in the future Notice(s) of Intent for this project.10
Rare Species
Portions of the phased sewer main installations are located near or within Priority and Estimated
Habitat for state-listed species according to the Massachusetts Natural Heritage Atlas (15th edition).
The Supplemental SEIR states that for each phase that requires a Notice of Intent (NOI) from the
Yarmouth Conservation Commission and is within Priority Habitat and Estimated Habitat, the NOI will
be sent to NHESP for review. Furthermore, during the design of each phase of the project, detailed
construction plans will be provided to the NHESP to confirm the exemption status or determine the need
for further information. Comments from NHESP state that permitting under the Massachusetts
Endangered Species Act (MESA) should be added to the list of potential permits and approvals for the
project. In addition, comments from NHESP provides the following recommendations related to
mitigation planting and construction period Best Management Practices (BMPs):
• Native Plantings: Should any seed mixes be applied to disturbed soils not thereafter maintained
as lawn, all such mixes shall be composed of species native to the County in accordance with
‘The Vascular Plants of Massachusetts: A County Checklist First Revision’ (Dow Cullina, M., B.
Connolly, B. Sorrie, and P. Somers. 2011. MA NHESP DFW), as may be updated; available
from State Library of Massachusetts at http://archives.lib.state.ma.us.)
• State-listed Plants Shall Not Be Planted: Unless allowed by the Division in writing, all seed and
plants shall exclude any species on the MA Endangered Species List, even if the seeds are
sourced outside of Massachusetts. Please carefully review seed mixes at the time of purchase as
the specific composition and mixes change within a year. MESA list:
https://www.mass.gov/infodetails/list-of-endangered-threatened-and-special-concern-species
• Equipment excavating within water, wetlands or waterways should use biodegradable hydraulic
fluid.
• All equipment and stockpiled materials should be stored outside the floodplain and above flood
elevations during periods of flood risks and during inactivity.
Climate Adaptation and Resiliency
The Supplemental SEIR included three separate output reports from the MA Resilience Design
Tool to reflect exposure levels for three key project areas: the WRRF and effluent recharge site off Buck
Island Road, the Bass River Golf Course effluent recharge site, and the new sewer collection piping
along the shoreline. Based on the output reports, the different project areas have the following exposure
ratings based on their locations for the following climate parameters:
10 Comments from CZM also request copies of periodic monitoring results that will be conducted to track changes to estuary
water quality due to inlet widening at the Route 28 Bridge.
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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As noted above, the Supplemental SEIR notes several changes to Phase 1 pump station locations
to remove them from the existing 100-year flood zone. Pumping stations located within the flood zone
will be elevated a minimum of 3 feet (to 14 feet NAVD88) above the current FEMA 100-yr floodplain
elevation (11 feet NAVD88). In addition, the Town commits to considering further elevation of the
pumping station structures above the recommended 50-yr planning period (i.e., 2070) flood zone
elevations per the RMAT Tool output reports. The MA Resilience Design Tool shows average Water
Surface Elevations for project areas with high exposure to sea level rise ranging from 12.4 to 14.9 ft
(NAVD88) (height varies based on asset and its location) in 2050 and 14.4 to 16.5 ft in 2070, based on a
100-year (1% annual chance) storm scenario. Projected Wave Action Water Elevations are even higher,
ranging from 13.7 ft to16.3 ft (NAVD88) in 2050 to 15.8 ft to 18.5 ft in 2070 (also based on the 100-
year, 1% annual chance storm scenario). Based on this information, the Town will need to consider
elevating beyond 3 feet in later project phases. The Supplemental SEIR also states resiliency measures
will be added to the collection systems located in the flood zone and in areas shown as being inundated
with 4 feet of SLR including watertight manhole covers for gravity sewers and for valve pits in the
vacuum sewers.
The Supplemental SEIR states the WRRF will be designed in accordance with TR-16: Guides for
the Design of Wastewater Treatment Works (TR-16) which are design guidelines for wastewater
treatment facilities in New England developed by the New England Interstate Water Pollution Control
Commission (NEIWPCC). These guidelines indicate that all critical equipment associated with
wastewater conveyance and treatment facilities should be constructed a minimum of 3 feet above the
effective FEMA 100-year floodplain elevation. The existing grade of the proposed WRRF site is above
the 100-yr floodplain elevation along Plashes Brook (located east of the proposed treatment plant site) of
11 feet NAVD 88. In compliance with TR-16, the plant will include redundant components in the event
of system failures. Additionally, an equalization tank at the head of the plant will be sized to handle peak
events. According to the Supplemental SEIR, the MA Resilience Design Tool recommends a return
period associated with a 100-year (1% annual chance) storm event as of a future planning year when
designing the WRRF based on its high exposure rating for sea level rise (SLR). The Supplemental SEIR
states the stormwater management facilities will be designed to meet the future 25-yr (4%) 24-hour
storm event as recommended by the MA Resilience Design Tool.
Comments from CZM state that the best available data should be used in the design of the
project and recommend the Massachusetts Coast Flood Risk Model is the best available source of
information about the distance further landward the flood zones are likely to extend in various scenario
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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years (e.g., 2030, 2050, 2070). At the time each phase of the project is designed, it should consider the
best available information 50 years into the future. Since the project phases will be developed over time,
this planning horizon will be further out than 2070, depending on when the design is done. For the most
up-to-date sea level rise projections, the Town should consult the “Climate Standard Design Standards”
and “Design Criteria Guidance Language” documents published by RMAT.11 According to the Climate
Standard Design Standards document, best practice planning for “High” critical assets, such as the
critical wastewater infrastructure reviewed herein, would require consideration of the 200-year (0.5%
annual chance) and 50-year (2% annual chance) storm events as of 2070, respectively, for the sea level
rise and extreme precipitation parameters.
Greenhouse Gas Emissions (GHG)
The Supplemental SEIR included responses to DOER comments related to space and water
heating, building envelope and energy recovery associated with the WRRF which is currently in the
preliminary design phase. Specifically, the Town notes that it cannot commit to 100% replacement of
gas heating systems with electrical air sources and/or effluent source heat pumps but is committed to
minimizing gas use to the extent feasible. Additionally, a thermal energy demand intensity of 2.5
kBtu/sf-yr or less, as recommended in DOER comments, will likely not be feasible due to the ratio of
building envelope to conditioned space and potential incorporation of laboratory and locker room spaces
which require significant volumes of outside air. The design of the WRRF office spaces will target the
applicable path outlined by Mass Save for Commercial New Construction and Major Renovations. The
Supplemental SEIR also states that design of the WRRF’s space and water heating systems has not yet
begun; however, the town is committed to minimizing gas and other fossil fuel use to the extent feasible.
Following review of the Supplemental SEIR, DOER provided the following recommendations:
• Provide efficient electrification of space heating, as follows:
o For buildings with average ventilation rates of 0.5 cfm/sf or less at full occupancy,
provide all space heating with electric air source heat pumps.
o For buildings with average ventilation rates greater than 0.5 cmf/sf at full occupancy
utilize hybrid approach consisting of primary heating with electric air source heat pumps,
sized to 25% of the peak heating load, and secondary heating with gas, sized to 100% of
the peak heating load.
• Provide efficient electrification of domestic water loads (kitchen, bathroom, and shower) using
off-the-shelf, packaged air source heat pump water heating appliances.
• Consider efficient electrification of larger process water loads using air source heat pump water
heating equipment which uses outside air.
• Consider effluent-source and process-source for efficient electrification of space heating and
cooling as well as water heating.
• Provide ventilation energy recovery as follows (consistent with proposed energy efficiency
code):
11 Available at https://resilientma.mass.gov/rmat_home/designstandards/.
EEA#14659 Supplemental SEIR Certificate September 30, 2022
16
o Sensible recovery ratio of at least 50% at heating design conditions for systems that
provide makeup air for Class 3 or 4 exhaust.
o Enthalpy recovery ratio of at least 70% at heating and cooling design conditions for all
other systems.
• Include concurrent heating and cooling energy recovery as follows:
o For office and other similar spaces, utilize electric air source heat pump systems which
have heat recovery, such as variable refrigerant flow systems.
o If there are effluent or process flows, consider using these as heat sources and/or heat
sinks per 4 above.
• Utilize TEDI reduction strategies to achieve the following targets:
o For normally-ventilated office building (average ventilation is 0.5 cfm/sf or less at full
occupancy): heating TEDI of 2.5 kBtu/sf-yr, or less, and a cooling TEDI of 21 kBtu/sf-yr,
or less.
o If the building is highly-ventilated (average ventilation rate is greater than 0.5 cfm/sf at
full occupancy): demonstrate that site energy is 51% of the site energy of a building
conforming to ASHRAE 90.1-2019 Appendix G, or less.
The Supplemental SEIR states the Town is committed to installation of a solar PV system in the
footprint of the infiltration basins. Although still in the early stages of design, the preliminary estimated
energy use for the WRRF is about 2,300 MWh/yr. The projected fossil fuel use for the HVAC system is
not available yet. A solar PV system at the WRRF is capable of producing 0.4MW per acre. If 50% of
the available acreage is utilized in the infiltration beds this would amount to a 1.4MW (AC) solar array
that could produce 2,100 MWh per year. The Supplemental SEIR includes a discussion of EV charging
at the WRRF site and states the number of chargers will be reviewed during the design stage. Comments
from DOER (on the NPC) recommend installation of as many EV charging stations as possible and
making all spaces EV ready. The Town commits to working closely with MassDEP and DOER during
the final design of the WRRF.
The Town commits to providing a certification to the MEPA Office signed by an appropriate
professional (e.g., engineer, architect, general contractor) indicating that all of the GHG mitigation
measures committed to by the Town as described in the SEIR, NPC and Supplemental SEIR, or as
modified as part of the MassDEP permitting process, have been incorporated into the WRRF. This
certification should be supported by as-built plans. For those measures that are operational in nature (i.e.
TDM, recycling) the Town should provide an updated plan identifying the measures, the schedule for
implementation and how progress towards achieving the measures will be obtained.
Construction Period
The Supplemental SEIR contained mitigation commitments including those to address comments
from MassDEP related to air quality, solid waste management, and hazardous waste management during
the construction period.
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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Mitigation/Draft Section 61 Findings
The Supplemental SEIR provided draft Section 61 Findings for use by State Agencies in future
permitting actions associated with projects disclosed in the CWMP. The Section 61 Findings should be
provided to State Agencies to assist in the permitting process and issuance of final Section 61 Findings.
The Town will provide a GHG self-certification to the MEPA Office that is signed by an appropriate
professional (e.g., engineer, architect, transportation planner, general contractor) indicating that all of the
GHG mitigation measures or equivalent measures that are designed to collectively achieve identified
reductions in GHG emissions from stationary and mobile sources and land alteration have been
incorporated into the project. To the extent the project will take equivalent measures to achieve the
identified reductions, I encourage the Town to commit to achieving the same level of GHG emissions
identified in the mitigated (design) case expressed in volumetric terms (e.g., tpy).
Environmental Justice
• Ensure effluent Recharge Facility meets the requirements of 314 CMR 5.00 to protect Public
Health for identified EJ Populations;
• Compensatory flood storage will be provided for impacts to Bordering Land Subject to
Flooding (BLSF) to ensure that there will be no downstream flooding impacts from the
proposed below ground pumping station located within BLSF;
• Traffic management plans will be generated during the design phase to mitigate traffic
impacts;
Wetlands and Waterways
• The requirements of any applicable Yarmouth Conservation Commission Order of
Conditions for each phase of construction will be followed;
• The Contractor will submit a dewatering plan for review and approval by the Conservation
Commission prior to the start of work for each phase of construction. The plan will include
the methods and discharge points proposed to be used by the Contractor. The Contractor will
be required to retain the services of a Professional Engineer registered in Massachusetts to
prepare dewatering and drainage system designs and submittals;
• Erosion and sedimentation control will be installed prior to site preparation activities. The
Contractor will be required to contact the Yarmouth Conservation Agent to inspect siltation
controls prior to excavation. Filter bags will be placed in catch basins that discharge into
wetlands, water supply or surface water bodies;
Climate Resiliency
• Base floor elevation to be 3 ft above the effective FEMA Base Flood Elevation or the 2070
predicted 100-yr flood elevation, if feasible , for Wastewater Pumping Stations and Vacuum
Stations;
• Waterproof Manhole Structures will be used;
• Stormwater Management Facilities designed to meet year 2070, 25-yr, 24-hr storm event as
recommended by the MA Resilience Design Tool Report and the current 100-yr 24-hr storm
event as required by the Massachusetts Stormwater Standards;
Construction Period
• Work areas will be restored to pre-construction conditions. Seed or sod will be placed on all
areas disturbed;
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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• Construction materials will be stored outside of wetlands and floodplains;
• Topsoil removed for construction will be stockpiled and reused to revegetate areas crossed
by trenches;
• Construction equipment will be equipped with silencers or mufflers design to operate with
the least possible noise level in compliance with state, federal, and Town of Yarmouth
regulations;
• Minimize air emissions by using an emission control device such as a diesel oxidation
catalyst or diesel particulate filter on each piece of diesel construction equipment, using ultra-
low sulfur diesel (ULSD) fuel, prohibiting motor vehicle engines from idling more than five
minutes and retrofitting diesel equipment with emissions controls meeting EPA’s Tier 4
Emissions Standards;
• Perform dust control operations including street sweeping;
• Implement a construction waste management plan;
• Managing contaminated soil and groundwater in accordance with applicable Massachusetts
Contingency Plan (MCP) requirements and under the supervision of a Licensed Site
Professional (LSP).
• Minimize water quality impacts by using sedimentation and erosion controls around work
areas and other stormwater management measures required by the Order of Conditions issued
by the Yarmouth Conservation Commission and the Storm Water Pollution Prevention Plan
(SWPPP) prepared in accordance with the NPDES General Permit;
• Maintain safe roadway conditions for pedestrians, bicyclists and motorists;
• Routine vehicle and equipment maintenance and refueling will only occur in designated areas
located more than 100-feet from wetland resource areas. At each staging area, spill clean-up
equipment (shovels, brooms, absorbent pads and materials) will be maintained for use in the
event of an accidental spill;
Hazardous Materials
• Excavated materials will be managed in accordance with applicable Massachusetts
Contingency Plan (MCP) requirements. These provisions include identification of
contaminated materials, segregation, proper stockpiling or containment, and sampling and
analysis to determine the appropriate facility for reuse, recycling, or disposal of these
materials;
• Dewatering discharges will be managed in accordance with MCP requirements, including
identification of contaminated groundwater, proper containment and pretreatment, and
required sampling and analysis;
• Hazardous materials management activities will be conducted under the supervision of a
Licensed Site Professional (LSP) in accordance with MCP Utility-Related Abatement
Measure or Immediate Response Action provisions, as appropriate;
GHG Measures
• Install PV system in the footprint of the infiltration basins (8.5 acres) estimated to generate
2,100 MWh/yr;
• Improve building envelope through higher R-value insulation in walls, roof, and if
appropriate, basement walls and ceiling;
• Install lower U-value windows to improve envelope performance;
• Incorporate window glazing to balance and optimize daylighting, heat loss and solar heat
EEA#14659 Supplemental SEIR Certificate September 30, 2022
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gain performance;
• Install high-efficiency HVAC systems and premium efficiency motors;
• Incorporate motion sensors into lighting, daylighting, and climate controls;
• Install high efficiency lighting, including compact fluorescent lamps (CFLs) and LED
technology as appropriate;
• Provide automated energy management control system with the capacity to adjust and
maintain set points and schedules;
Conclusion
Based on review of the Supplemental SEIR, comment letters, and in consultation with Agencies,
I find that the Supplemental SEIR adequately and properly complies with MEPA and its implementing
regulations. The project may proceed to permitting. Participating Agencies and the Proponent should
forward copies of the final Section 61 Findings to the MEPA Office for publication in accordance with
301 CMR 11.12. If any changes are made to the project, the Proponent should consult with the MEPA
Office to determine whether a Notice of Project Change may be required.
September 30, 2022 ____________________________
DATE Bethany A. Card
Comments received:
09/19/2022 Natural Heritage and Endangered Species Program (NHESP)
09/22/2022 Massachusetts Department of Coastal Zone Management (CZM)
09/23/2022 Massachusetts Department of Environmental Protection (MassDEP) –
Southeast Regional Office (SERO)
09/23/2022 Cape Cod Commission (CCC)
09/29/2022 Massachusetts Department of Energy Resources (DOER)
BAC/JAH/jah
September 19, 2022
Secretary Bethany A. Card
Executive Office of Environmental Affairs
Attention: MEPA Office, Jennifer Hughes
100 Cambridge Street Suite 900
Boston, MA 02114
RE: Project Name: Yarmouth Comprehensive Wastewater Management Plan
Proponent: Town of Yarmouth
Location: Townwide waste management plan
Document Reviewed: Supplemental Environmental Impact Report (SEIR)
EEA No.: 14659
NHESP No.: 10-27900
Dear Secretary Card:
The Natural Heritage & Endangered Species Program of the Massachusetts Division of Fisheries & Wildlife (the
Division) reviewed the Supplemental Environmental Impact Report (SEIR) for the Yarmouth Comprehensive
Wastewater Management Plan (CWMP) and would like to offer the following comments about state-listed
species and their habitats.
THE PROJECT:
The 2022 Comprehensive Wastewater Management Plan (2022 CWMP) expands on the 2011 CWMP and is
comprised of eight phases over a period of 40 years (in five- year increments) instead of five phases in a period
of 25 to 30 years. Each of the eight phases are associated with a specific geographic area of the town (SEIR,
page 1-3, Yarmouth Recommended Plan August 2022). The project estimates installation of 174 miles of new
sewer mains and creation of ~3 acres of new impervious area. Wetland impacts including the Bass River
watershed include (summarized from Table 2-2):
Resource Area Permanent Impacts (sf) Temporary Impact (sf)
Bordering Land Subject to Flooding - 60,100
Land Subject to Coastal Storm Flowage 7,400 882,800
Riverfront Area 3,000 82,300
Total 10,400 1,025,200
A new Water Resource Recovery Facility (WRRF) will initially be constructed with a capacity of 1.8 MGD of
average daily flow to treat buildout flow from Phases 1, 2 and 3. The expansion of the WRRF during Phase 4
construction will increase the capacity of the facility to 3.54 MGD at buildout. The Yarmouth septage treatment
MEPA, EEA 14659, Supplemental EIR, page 2 of 3
plan (STP) will remain online after construction of the WRRF. The capacity of the STP will remain the same at
110,000 gpd during the peak month and the facility will continue to treat up to 28 million gallons per year.
MA ENDANGERED SPECIES ACT:
Portions of the work associated with the 2022 CWMP described in the SEIR are located with Priority Habitat.
State-listed species and their habitats are protected pursuant to the Massachusetts Endangered Species Act
(MGL c.131A) and its implementing regulations (MESA; 321 CMR 10.00). Work within or immediately adjacent
to existing paved roads is likely exempt from MESA review pursuant to 321 CMR 10.14 under exemptions 6, 7,
8, 10, 12. However, project components and work adjacent to or within unpaved roads (e.g., gravel, dirt, shell,
sand), on beaches and barrier beaches, or cross-country portions of the sewer lines are unlikely to quality as
exempt from review. Therefore, aspects of the project will require review a direct filing with the Division for
compliance with the Massachusetts Endangered Species Act (MESA 321 CMR 10.00). Further, aspects of the
project may require a MESA Conservation & Management Permit (CMP) pursuant to 321 CMR 10.23. In such a
case, the Division would refer the Proponents to the MEPA office to determine if the issuance of a CMP would
trigger any MEPA actions.
SEIR COMMENTS:
1) 6.2 State Agency Actions. The MESA should be added to the list of potential permits or approvals for the
project.
2) 6.4, Water Conservation & Vegetation:
a) The mitigation section of the SEIR describes that only native species will be planted. The Division
recommends the following specifics relative to planting native species.
o Native Plantings. Should any seed mixes be applied to disturbed soils not thereafter maintained
as lawn, all such mixes shall be composed of species native to the County in accordance with ‘The
Vascular Plants of Massachusetts: A County Checklist First Revision’ (Dow Cullina, M., B. Connolly,
B. Sorrie, and P. Somers. 2011. MA NHESP DFW), as may be updated; available from State Library
of Massachusetts at http://archives.lib.state.ma.us.)
o State-listed Plants Shall Not Be Planted. Unless allowed by the Division in writing, all seed and
plants shall exclude any species on the MA Endangered Species List, even if the seeds are sourced
outside of Massachusetts. Please carefully review seed mixes at the time of purchase as the
specific composition and mixes change within a year. MESA list: https://www.mass.gov/info-
details/list-of-endangered-threatened-and-special-concern-species
b) Additional recommended measures include:
o Equipment excavating within water, wetlands or waterways should use biodegradable hydraulic
fluid.
o All equipment and stockpiled materials should be stored outside the floodplain and above flood
elevations during periods of flood risks and during inactivity.
MEPA, EEA 14659, Supplemental EIR, page 3 of 3
Thank you for the opportunity to provide input on the MEPA review process. If you have any questions about
state-listed species relative to this letter, please contact Misty-Anne Marold, Senior Endangered Species
Review Biologist, at (508) 389-6356 or misty-anne.marold@mass.gov.
Sincerely,
Everose Schlüter, Ph.D.
Assistant Director
Natural Heritage & Endangered Species
CC: Yarmouth Conservation Commission
Magdalena Lofstedt, CDM Smith
MEMORANDUM
TO: Bethany A. Card, Secretary, EEA
ATTN: Jennifer Hughes, MEPA Office
FROM: Lisa Berry Engler, Director, CZM
DATE: September 22, 2022
RE: EEA-14659, Yarmouth Comprehensive Wastewater Management Plan - SEIR
The Massachusetts Office of Coastal Zone Management (CZM) has completed its review of
the above-referenced Supplemental Environmental Impact Report (SEIR), noticed in the
Environmental Monitor dated August 24, 2022, and offers the following comments.
Project Description
The SEIR addresses topics outlined in the Scope of the Notice of Project Change (NPC)
MEPA Certificate for EEA No. 14659. The 2022 NPC summarized the wastewater management plan
that was presented in the 2011 Comprehensive Wastewater Management Plan (CWMP) and presented
the recommended revisions to the plan based on the results of the Bass River MEP report, which
concluded that the Yarmouth portion of the Bass River watershed would need to be included in the
wastewater collection system. The updated Recommended Plan expands on the 2011 CWMP and is
comprised of eight phases over a period of 40 years (in five-year increments) instead of five phases in
a period of 25 to 30 years. The boundaries of the original five phases have also been altered. The
phases were revised based on a variety of impacts including economic growth, location, watershed,
and nitrogen removal. As described in the 2022 NPC, the Town proposes to install a new Water
Resource Recovery Facility (WRRF), 15 pumping stations, nine vacuum stations , and ±174 miles of
new sewer mains to provide collection, treatment, and disposal of a total build-out flow of
3.537 million gallons per day (MGD). This revised plan represents an increase of 0.75+ MGD of flow
capacity at the WRRF and 49 additional miles of new sewer main, as compared to the 2011 CWMP.
The proposed initial capacity of the WRRF is 1.8 MGD of average daily flow for Phases 1 through 3.
Construction for Phase 1 is expected to start in 2023 or 2024. All proposed sewer construction will
occur within existing town- or state-owned roadways except for the proposed 2,900 linear feet of
cross-country force main (within existing gravel roads) to the WRRF. Areas of the Town not proposed
for sewering will continue to rely on onsite septic systems and will continue to be managed through
adaptive management.
Project comments
The Town of Yarmouth has been actively working to address community wastewater
management needs, protect drinking water sources, and restore water quality in valuable estuaries since
2003. This SEIR supports the recommended revisions proposed in the 2022 NPC, including
expansion of the proposed wastewater collection system into the Bass River watershed, and is an
example of the adaptive management approach that Yarmouth is implementing to address wastewater
management. CZM supports these efforts and commends the Town for the hard work that has gone
into wastewater management efforts over the years.
In 2021, with support from several state and federal agencies, the Town completed the Parkers
River Bridge inlet widening in an effort to restore natural tidal hydrology to the 219-acre Parkers River
estuary system. The SEIR contains a report by Sustainable Coastal Solution, Inc. that describes how
replacing the 18-foot-wide box culvert at the Route 28 bridge over the Parkers River with a 30-foot
opening improved tidal exchange upstream of the bridge. Massachusetts Estuaries Project modeling
predicted that widening the inlet would allow the Town to reduce the required septic load removal
from the watershed from 100% to 59%. The Town should share periodic monitoring results that will
track changes to the estuary’s water quality due to the inlet opening with CZM and other relevant state
agencies.
Coastal Hazards
The SEIR states that there are no performance standards for Land Subject to Coastal Storm
Flowage (LSCSF) and implies that addressing this resource is not required absent such a performance
standard. LSCSF is a protected resource area under the Wetlands Protection Act and 10.03(5) indicates
that each resource area subject to protection is presumed to be significant to one of more of the
interests of the Act. DEP and CZM produced guidance in 2017, Applying the Massachusetts Coastal
Wetlands Regulations: A Practical Manual for Conservation Commissions to Protect the Storm
Damage Prevention and Flood Control Functions of Coastal Resource Areas (aka the Coastal Manual),
that includes guidance for protection of LSCSF. Starting on page 2-37, the Coastal Manual provides
guidance for evaluation of proposed projects in LSCSF. The proponent should address this in the
SEIR as well as the Notice(s) of Intent for this project.
The SEIR states that resiliency measures will be added to the collection systems located in
flood zones and in areas shown as being inundated with four feet of sea level rise. The SEIR references
Figure 3.1, which shows sea level rise above mean higher high water . The SEIR also states that the
detailed design during each phase of the project will review the proposed pump station elevations
relative to the recommended 50-year planning horizon (i.e., 2070) flood zone elevations per the RMAT
Tool output. As indicated in our previous comments, it is important to take the effects of sea level
rise into account, particularly how they will increase the extent of mapped flood zones in coastal storm
events in the future. The best available data should be used in the design of the project. Currently, the
Massachusetts Coast Flood Risk Model is the best available source of information about the distance
further landward the flood zones are likely to extend in various scenario years (e.g., 2030, 2050, 2070).
At the time each phase of the project is designed, it should consider the best available information 50
years into the future. Since the project phases will be developed over time, this planning horizon will
be further out than 2070, depending on when the design is done. The most up-to-date sea level rise
projections on resilientma.mass.gov should also be used.
Federal Consistency Review
The proposed project may be subject to CZM federal consistency review and if so must be
found to be consistent with CZM's enforceable program policies . For further information on this
process, please contact Robert Boeri, Project Review Coordinator, at robert.boeri@mass.gov, or visit
the CZM web site at https://www.mass.gov/federal-consistency-review-program.
LE/sm/tc/rlb
cc: Lauri Ruszala, Water & Wastewater Superintendent, West Yarmouth, MA
Jonathan Hobill, DEP, Southeast Regional Office
Todd Callaghan, MACZM
Stephen McKenna, MACZM
Via Email
September 23, 2022
Bethany A. Card, Secretary of Energy and Environmental Affairs
Executive Office of Energy and Environmental Affairs
Attn: MEPA Office, Jennifer Hughes, MEPA Analyst
100 Cambridge Street, 9th Floor, Boston, MA 02114
Re: Single Environmental Impact Report — EEA No. 14659 (CCC File No. JR10018)
Yarmouth Comprehensive Wastewater Management Plan
Dear Secretary Card:
Thank you for the opportunity to comment on the above-referenced Single Environmental Impact Report. As
stated in Commission staff comments, dated March 25, 2022, on the Notice of Project Change for the
Yarmouth Comprehensive Wastewater Management Plan (CWMP), the CWMP requires review by the
Commission for consistency with the Section 208 Area-Wide Water Quality Management Plan for Cape Cod
(208 Plan). After MEPA review concludes, the Commission looks forward to working with the Town to review
the CWMP for consistency with the 208 Plan. Commission staff suggest that a discussion which connects
specific elements of the recommended plan to the appropriate consistency criteria be included in the
submittal.
Commission staff are available to discuss any questions you might have about these comments.
Sincerely,
Kristy Senatori
Executive Director
Cc: Project File
Robert Whritenour, Yarmouth Town Administrator, via email
Jeffrey Colby, Yarmouth DPW Director, via email
Yarmouth Cape Cod Commission Representative via email
Cape Cod Commission Chair via email
Charles D. Baker
Governor
Karyn E. Polito
Lieutenant Governor
Bethany A. Card
Secretary
Martin Suuberg
Commissioner
This information is available in alternate format. Contact Glynis Bugg at 617-348-4040.
TTY# MassRelay Service 1-800-439-2370
MassDEP Website: www.mass.gov/dep
Printed on Recycled Paper
September 23, 2022
Bethany A. Card
Secretary of Energy and Environment
Executive Office of Energy and
Environmental Affairs
RE: SEIR Review. EOEEA 14659
YARMOUTH. Comprehensive Wastewater
Management Plan (CWMP) for the Town of
Yarmouth
100 Cambridge Street, Suite 900
ATTN: MEPA Office
Boston, MA 02114
Dear Secretary Card,
The Southeast Regional Office of the Department of Environmental Protection (MassDEP) has
reviewed the Single Environmental Impact Report (SEIR) for the Comprehensive Wastewater
Management Plan (CWMP) for the Town of Yarmouth, Massachusetts (EOEEA #14659). The
Project Proponent provides the following information for the Project from its Project Schedule:
The Project includes eight construction phases, to take place over approximately 40 years and includes
construction of a new WRRF, 15 pumping stations, 9 vacuum stations and approximately 79 linear miles of
gravity sewer mains, 67 linear miles of vacuum sewer mains, 18 linear miles of low-pressure sewer mains and
10 linear miles of force mains. Phase 1 includes constructing the new WRRF, 6 pumping stations and
approximately 11 linear miles of gravity sewer mains, 0.2 miles of low-pressure sewer mains and 4 miles of
force mains. Construction for Phase 1 is expected to start in 2023 and be completed in 2026. All proposed
sewer construction will occur within existing Town- or State-owned roadways except for short sections of
gravity sewer and force main at each of the three pumping stations.
Bureau of Water Resources (BWR) Comments
Wetlands. The SEIR addresses the Wetlands Program's comments and the Project’s future
permitting requirements as described in the Section 61 Findings Section.
The Project Proponent reports “The requirements of any applicable Yarmouth Conservation
Commission Order of Conditions for each phase of construction will be followed. Preconstruction
meetings will be held with the Conservation Agent for each phase of construction. In addition,”
The Contractor will submit a dewatering plan for review and approval by the Conservation
Commission prior to the start of work for each phase of construction. The plan will include the
methods and discharge points proposed to be used by the Contractor. The Contractor will be
EEA No. 14659 September 23, 2022
2
required to retain the services of a Professional Engineer registered in Massachusetts to prepare
dewatering and drainage system designs and submittals’
Wastewater Management.
The Town of Yarmouth received the certificate for the Notice of Project Change (NPC) to the
previously accepted Comprehensive Wastewater Management Plan (CWMP) on April 15, 2022. In
review of this SEIR, MassDEP SERO Wastewater Management – Cape and Islands focused on the
following topics outline in the Scope of the NPC Massachusetts Environmental Policy Act (MEPA)
Certificate for EEA NO. 14659: overview of recommended sewer plan and treatment capacity,
discussions of potential future use of permeable reactive barriers (PRBs), and discussion of changes
in the water quality of Bass River.
Recommended Sewer Plan and Treatment Capacity
The 2022 NPC summarized the wastewater management plan that was presented in the 2011 and
updated the plan to include Bass River MEP report nitrogen reduction targets. The plan consists of
eight phases over a period of 40 years. The Town proposes to install a new Water Resources
Recover Facility (WRRF) and a collections system of 15 pumping stations, nine vacuum stations of
about 174 miles of sewer mains to treat a total build-out flow of 3.537 million gallons per day
(MGD) of sanitary wastewater. The Town will evaluate the type of sewer recommended from a
capital and O&M perspective at the beginning of each Phase. As stated in the NPC comments from
this wastewater section, MassDEP cautions the use of vacuum sewers and is a proponent of a mix
of gravity, low-pressure, and force main. The facility will receive wastewater from the Lewis Bay,
Parkers River, and Bass River watersheds, as well as a Nantucket Sound sewer service area.
Construction of Phase 1 is expected to start in 2023 or 2024. The NPC and the submitted SEIR
provide detail description of the eight phases as well as a table that includes nitrogen reductions by
watershed. The proposed discharge sites are the Buck Island Disposal site in the Parkers River
watershed and the Bass River Golf Course site in the Bass River watershed. The WRRF will be
initially constructed to treat and discharge 1.6 MGD of average daily flow for Phases on through
three. MassDEP looks forward to working with the Town and providing technical assistance and
regulatory guidance through permit reviews and applications. MassDEP encourages the Town to
proceed with its efforts to restore its coastal embayment’s impacted by nutrient enrichment.
Permeable Reactive Barriers (PRB)
According to the NPC, a PRB is not part of the preferred plan for the Town; however, the Town is
keeping the PRB as an option if additional nitrogen removal is required in the future. Conceptually,
the Town believes that a PRB downgradient of a disposal site would intercept the treated
wastewater effluent mixed with groundwater and further reduce nitrogen contributions to the
receiving embayment. Implementation of a PRB is directly contingent on treatment facility effluent
quality and therefore, would only be included in the future through adaptive management. The
Town understands that further MEPA review may be required if a PRB is recommended and
MassDEP supports the Town’s use of adaptive management.
Conclusion
The NPC report presents an ambitious step forward for the Town of Yarmouth. MassDEP
commends Yarmouth’s effort to address the town’s nitrogen issues in a phased approach. By
construction of a centralized treatment facility and expanding methodically into the impaired
watersheds with traditional sewering, some immediate action will be initiated. Acknowledgement
and planning around buildout flows assures that the plan not only addresses current needs but future
needs as well. The document contains a well-planned approach to wastewater management
planning. Notwithstanding unpredicted changes in land use, the Town will achieve over removal of
EEA No. 14659 September 23, 2022
3
the estimated removal requirements. The Town understands where further MEPA review may be
required and where MassDEP permitting is required. The CWMP analyzes wastewater management
with a watershed perspective. As such, it is a great foundation for a watershed permit application.
MassDEP encourages the Town to pursue a watershed permit when watershed permitting is made
available.
NPDES Construction General Permit for Stormwater (CGP). The Proponent has acknowledged the
need for coverage under the NPDES Construction General Permit for
Stormwater (CGP). According to the Project Proponent, “The Contractor will apply for and obtain a
Construction General Permit (CGP) from EPA pursuant to the National Pollutant Discharge
Elimination System (NPDES) program for each phase of construction. The permit requires
preparing and submitting a Notice of Intent (NOI) for Storm Water Discharges and Notice of
Termination Form and preparation of a Storm Water Pollution Prevention Plan (SWPPP).’ The
Project Proponent also reports: “The Contractor will update the SWPPP as necessary so that the
documents are always current in accordance with the NPDES regulations and describe erosion and
sediment control and storm water pollution prevention at all locations of construction and for all
activities of construction.”
The Proponent is advised to consult with Sania Kamran (Kamran.Sania@epa.gov, 617- 918-1522)
for questions regarding EPA’s NPDES Construction General Permit requirements.
In addition, the Proponent is reminded that the Yarmouth Planning Boards (and/or other local
authorities) may require stormwater controls beyond that of the Wetlands protection Act. These
controls are usually created to keep stormwater onsite so as not to create nuisance conditions offsite
Bureau of Waste Site Cleanup (BWSC) Comments
Based upon the information provided, the Bureau of Waste Site Cleanup (BWSC) searched its
databases for disposal sites and release notifications that have occurred at or might impact the
proposed Project area. A disposal site is a location where there has been a release to the
environment of Oil and/or Hazardous Material (OHM) that is regulated under M.G.L. c. 21E, and
the Massachusetts Contingency Plan [MCP – 310 CMR 40.0000].
There are many MCP sites located near and possibly within the proposed Project areas. Some of
these sites have been closed, but other sites require on-going response actions and reporting until
final closure under the MCP. A list of all MCP sites will not be presented here. Interested parties
may view a map showing the location of BWSC disposal sites using the MassGIS data viewer
(Oliver) at: http://maps.massgis.state.ma.us/map_ol/oliver.php. Under “Available Data Layers”
select “Regulated Areas”, and then “DEP Tier Classified 21E Sites”. MCP reports and the
compliance status of specific disposal sites may be viewed using the BWSC Waste Sites/Reportable
Release Lookup at: https://eeaonline.eea.state.ma.us/portal#!/search/wastesite
The Project Proponent is advised that if oil and/or hazardous material are identified during the
implementation of this Project, notification pursuant to the Massachusetts Contingency Plan (310
CMR 40.0000) must be made to MassDEP, if necessary. A Licensed Site Professional (LSP) should
be retained to determine if notification is required and, if need be, to render appropriate opinions.
The LSP may evaluate whether risk reduction measures are necessary if contamination is present.
The BWSC may be contacted for guidance if questions arise regarding cleanup.
EEA No. 14659 September 23, 2022
4
The Proponent has identified that if OHM is encountered during the construction of this Project,
addressing OHM encountered could likely be accomplished using the Utility-related Abatement
Measures provisions at 310 CMR 40.0461 through 40.0469.
The Proponent should determine if there are any known OHM releases that could impact the Project
area prior to construction and note any areas where OHM is encountered on the as-built plans.
Contaminated Soils Management. The Project Proponent reports: “Excavated materials will be
managed in accordance with applicable Massachusetts Contingency Plan (MCP) requirements.
These provisions include identification of contaminated materials, segregation, proper stockpiling
or containment, and sampling and analysis to determine the appropriate facility for reuse, recycling,
or disposal of these materials.”
Bureau of Air and Waste (BAW) Comments
Air Quality. The Proponent has adequately addressed MassDEP comments. MassDEP will contact the
Proponent to discuss any additional permitting requirements.
Solid Waste Management. As a result of its review of the SEIR, the Solid Waste Management
Section is providing the following comments regarding the Section 61 Findings and has verified the
proposed Project’s solid waste compliance requirements pursuant to Massachusetts Solid Waste
Regulations: 310 CMR 19.000: Solid Waste Management and 310 CMR 7.15: Asbestos Regulation.
The Project Proponent reports: “All tree trunks, limbs, roots, stumps, brush, foliage, other
vegetation, and objectionable material will be removed from the site and disposed of in an approved
manner; All pieces of ledge and boulders which are not suitable for use in other parts of the work will
be removed and disposed of in an approved manner; Surplus imported fill will be removed and
disposed off site; The Contractor will either be, or employ the services of a Subcontractor, who is
licensed in the Commonwealth of Massachusetts to perform asbestos abatement where applicable
Solid Waste Management.
1. Tree removal/land clearing: The Project appears to require the handling of clean wood
associated with tree removal. As defined in 310 CMR 16.02, clean wood means “discarded
material consisting of trees, stumps and brush, including but limited to sawdust, chips, shavings,
bark, and new or used lumber”…etc. Clean wood does not include wood from commingled
construction and demolition waste, engineered wood products, and wood containing or likely to
contain asbestos, chemical preservatives, or paints, stains or other coatings, or adhesives. The
Proponent should be aware that wood is not allowed to be buried or disposed of at the Site
pursuant to 310 CMR 16.00 & 310 CMR 19.000 unless otherwise approved by MassDEP.
Clean wood may be handled in accordance with 310 CMR 16.03(2)(c)7 which allows for the
on-site processing (i.e., chipping) of wood for use at the Site (i.e., use as landscaping material)
and/or the wood to be transported to a permitted facility (i.e., wood waste reclamation facility)
or other facility that is permitted to accept and process wood.
2. Compliance with Waste Ban Regulations: MassDEP enforces solid waste regulations that restrict
certain recyclable materials from disposal. Known as “waste bans”, these regulations (310 CMR
19.017) prohibit the disposal of recyclable materials as solid waste. Waste materials that are
determined to be solid waste (e.g., construction and demolition waste) and/or recyclable
material (e.g., metal, asphalt, brick, and concrete) shall be disposed, recycled, and/or otherwise
handled in accordance with the Solid Waste Regulations including 310 CMR 19.017: Waste
Bans.
EEA No. 14659 September 23, 2022
5
Asphalt, brick, and concrete (ABC) rubble, such as the rubble generated by the demolition of
buildings or other structures must be handled in accordance with the Solid Waste
regulations. These regulations allow, and MassDEP encourages, the recycling/reuse of ABC
rubble. The Proponent should refer to MassDEP's Information Sheet, entitled " Using or
Processing Asphalt Pavement, Brick and Concrete Rubble, Updated February 27, 2017 ", that
answers commonly asked questions about ABC rubble and identifies the provisions of the solid
waste regulations that pertain to recycling/reusing ABC rubble. This policy can be found on-line
at the MassDEP website: https://www.mass.gov/files/documents/2018/03/19/abc-rubble.pdf
For more information on how to prevent banned materials from entering the waste stream the
Proponent should contact the RecyclingWorks in Massachusetts program at (888) 254-5525 or
via email at info@recyclingworksma.com. RecyclingWorks in Massachusetts also provides a
website that includes a searchable database of recycling service providers, available at
https://recyclingworksma.com/.
3. Demolition and Asbestos Containing Waste Material: Should the Project include demolition of
structures, piping, pumps, and/or other materials which may contain asbestos, the demolition
activity must comply with both Solid Waste and Air Quality Control regulations. Please note that
MassDEP promulgated revised Asbestos Regulations (310 CMR 7.15) that became effective on
June 20, 2014. The new regulations contain requirements to conduct a pre-demolition/renovation
asbestos survey by a licensed asbestos inspector and post abatement visual inspections by a
licensed asbestos project monitor. The Massachusetts Department of Labor and Work Force
Development, Division of Labor Standards (DLS) is the agency responsible for licensing and
regulating all asbestos abatement contractors, designers, project monitors, inspectors, and
analytical laboratories in the state of Massachusetts.
In accordance with the revised Asbestos Regulations at 310 CMR 7.15(4), any owner or operator
of a facility or facility component that contains suspect asbestos containing material (ACM) shall,
prior to conducting any demolition or renovation, employ a DLS licensed asbestos inspector to
thoroughly inspect the facility or facility component, to identify the presence, location and quantity
of any ACM or suspect ACM and to prepare a written asbestos survey report. As part of the
asbestos survey, samples must be taken of all suspect asbestos containing building materials and
sent to a DLS certified laboratory for analysis, using USEPA approved analytical methods.
If ACM is identified in the asbestos survey, the Proponent must hire a DLS licensed asbestos
abatement contractor to remove and dispose of any asbestos containing material(s) from the facility
or facility component in accordance with 310 CMR 7.15, prior to conducting any demolition or
renovation activities. The removal and handling of asbestos from the facility or facility
components must adhere to the Specific Asbestos Abatement Work Practice Standards required at
310 CMR 7.15(7). The Proponent and asbestos contractor will be responsible for submitting an
Asbestos Notification FormANF-001 to MassDEP at least ten (10) working days prior to beginning
any removal of the asbestos containing materials as specified at 310 CMR 7.15(6).
The Proponent shall ensure that all asbestos containing waste material from any asbestos
abatement activity is properly stored and disposed of at a landfill approved to accept such material
in accordance with 310 CMR 7.15 (17). The Solid Waste Regulations at 310 CMR 19.061(3) list
the requirements for any solid waste facility handling or disposing of asbestos waste. Pursuant to
310 CMR 19.061(3) (b) 1, no asbestos containing material; including VAT, asphaltic-asbestos
felts, or shingles; may be disposed at a solid waste combustion facility.
EEA No. 14659 September 23, 2022
6
If you have any questions regarding the Solid Waste Management Program comments above, please
contact Elza Bystrom at Elza.Bystrom@mass.gov or Mark Dakers at Mark.Dakers@mass.gov or
for any asbestos related comment, please contact Cynthia Baran at Cynthia.Baran@mass.gov.
Other Comments/Guidance
The MassDEP Southeast Regional Office appreciates the opportunity to comment on this SEIR. If
you have any questions regarding these comments, please contact George Zoto at
George.Zoto@mass.gov or Jonathan Hobill at Jonathan.Hobill@mass.gov .
Very truly yours,
Jonathan E. Hobill,
Regional Engineer,
Bureau of Water Resources
JH/GZ
Cc: DEP/SERO
ATTN: Millie Garcia-Serrano, Regional Director
Gerard Martin, Deputy Regional Director, BWR
John Handrahan, Acting Deputy Regional Director, BWSC
Seth Pickering, Deputy Regional Director, BAW
Jennifer Viveiros, Deputy Regional Director, ADMIN
Andrew Osei, Wastewater Management, CAPE/BWR
Dan Gilmore, Wetlands and Waterways, BWR
Brian Mullaney, Wetlands and Waterways, BWR
Mark Dakers, Solid Waste, BAW
Elza Byström, Solid Waste, BAW
Allen Hemberger, Site Management, BWSC
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF
ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENERGY RESOURCES
100 CAMBRIDGE ST., SUITE 1020
BOSTON, MA 02114
Telephone: 617-626-7300
Facsimile: 617-727-0030
Charles D. Baker
Governor
Karyn E. Polito
Lt. Governor
Beth Card
Secretary
Patrick Woodcock
Commissioner
30 September 2022
Beth Card, Secretary
Executive Office of Energy & Environmental Affairs
100 Cambridge Street
Boston, Massachusetts 02114
Attn: MEPA Unit
RE: Yarmouth Comprehensive Wastewater Management Plan, Yarmouth, MA, EEA #14659
cc: Maggie McCarey, Director of Energy Efficiency, Department of Energy Resource
Patrick Woodcock, Commissioner, Department of Energy Resources
Dear Secretary Theoharides:
We’ve reviewed the Single Environmental Impact Report (SEIR) for the proposed project. The
project includes construction of a new centralized wastewater treatment facility, including new
space conditioned buildings. The objective of this letter is to provide recommendations for these
new buildings.
Efficient Electric Space Heating
General
Buildings in Massachusetts climate are usually heated during the winter. Traditionally, this space
heating was done with gas or other fossil fuel systems. However, space heating with electric air
source, rather than space heating with gas, is quickly becoming state of practice and is
recommended by DOER for the proposed buildings on this project as a climate mitigation measure.
Swapping from gas space heating to electrically-driven heat pump heating is referred herein as
“efficient electrification”.
Electrification of space heating is a key mitigation strategy with significant short- and long-term
implications on GHG emissions. Massachusetts grid emissions rates continue to decline with the
Yarmouth Comprehensive Wastewater Management Plan, EEA No. 14659
Yarmouth, Massachusetts
implementation of clean energy policies that increase renewable electricity sources. The
implication is that efficient electric space and water heating with cold climate air source heat pump
and VRF equipment have lower emissions than other fossil-fuel based heating options, including
best-in-class (95% efficient) condensing natural gas equipment.
Currently, efficient electric heating has approximately 50% lower emissions in
Massachusetts than condensing natural gas heating. By 2050, efficient electric heating is expected
to have approximately 85% lower emissions in Massachusetts than condensing natural gas
heating. See illustration below.
Highly ventilated buildings
Building which are highly ventilated can have significant heating peak loads. “Highly-ventilated”
can be defined as a building with average ventilation at full occupancy greater than 0.5 cfm/sf.
Buildings will less ventilation than this can be considered normally-ventilated. For perspective,
most office and similar use buildings have average ventilation rates in the order of 0.1 to 0.2 cfm/sf,
or less, at full occupancy.
Normally-ventilated buildings can readily eliminate gas space heating and use electric air source
heat pump heating for all space heating needs. This is recommended for all normally-ventilated
buildings (as defined above) for this project.
Highly-ventilated buildings can also swap from gas to electric air source heat pumps. The large
ventilation loads do not necessarily render efficient electrification infeasible in this buildings.
However, large amounts of heat pump equipment would typically be required. Accordingly,
current state of practice for highly-ventilated buildings is to use a hybrid of air source heat pumps
and gas. This approach typically uses electric air source heat pump equipment, sized to 20 to 25%
of the peak heating load, for primary heating, and gas equipment, sized for up to 100% of peak
heating load, for secondary heating, when heating loads exceed heat pump equipment capacity
size. Because heating loads are typically a small fraction of the peak most of the time, the heat
Yarmouth Comprehensive Wastewater Management Plan, EEA No. 14659
Yarmouth, Massachusetts
pump equipment typically provides 80 to 90% of the annual heating needs and thus hybrid achieves
most of the benefit of efficient electrification.
Summary
A summary of our efficient electrification recommendations for this project is as follows:
• For buildings with average ventilation rates of 0.5 cfm/sf or less at full occupancy, provide
all space heating with electric air source heat pumps. Eliminate gas space heating.
• For buildings with average ventilation rates greater than 0.5 cmf/sf or less, at full
occupancy, utilize hybrid approach consisting of primary heating with electric air source
heat pumps, sized to 25% of the peak heating load, and secondary heating with gas, sized
to up to 100% of the peak heating load.
Efficient Electric Service Water Heating
Water heating for building service water (or process water) has traditionally been done with gas
and other fossil fuels. Like space heating, it’s also possible to swap from gas service water heating
to electric air source water heating and, due to Massachusetts electric grid emissions, making this
swap results in significant emissions reduction.
There are two approaches to electric air source heat pump service water heating, as follows:
• For small “domestic” water loads, off-the-shelf, packaged air source heat pump water
heating appliances are available. The air source is typically indoor air, rather than exterior
air, which makes them simple to incorporate. These appliances can be readily used for
“domestic” water loads such as kitchen, bathroom, and shower water loads. Air source
heat pump water heating is recommended for these applications.
• For larger “process” water loads, air source heat pump water heating equipment may still
be feasible. These are larger, more complex, engineered systems which typically use
outside air as the air source. We recommend consideration of air source heat pump water
heating for larger process water loads.
Effluent Source & Process Source
Treatment plants sometimes offer opportunities for harnessing effluent, or other process streams,
as an advantageous heat source, or heat sink, which can further advantage efficient electrification.
For example, a process or effluent flow that is 50-60F year-round would provide an excellent
source for both space heating and space cooling. To harness this, water-to-air electric heat pumps
would be used for space heating and cooling.
We recommend consideration of effluent-source and process-source for efficient electrification of
space heating and/or cooling, as well as water heating.
Yarmouth Comprehensive Wastewater Management Plan, EEA No. 14659
Yarmouth, Massachusetts
Building Envelope, Heat Recovery, and Solar Gains
The combination of quality envelope, heat recovery (during ventilation and during concurrent
heating and cooling), and management of solar gains can result in significant reduction in heating
(and cooling) thermal energy demand intensity (TEDI, units of kBtu/sf-yr). In addition to
reduced utility costs and emissions, the value of a targeted focus on heating and cooling TEDI
results in:
• Simplified space heating electrification;
• Reduction, and possible elimination, of perimeter heating and other systems;
• Improved resiliency;
• Reduced peak demands;
• Improved occupant comfort;
• Reduced maintenance.
Specific TEDI reduction strategies are:
• High-performance window and walls;
• Thermally broken windows and components to eliminate thermal bridges;
• Low air-infiltration;
• Ventilation energy recovery;
• Energy recovery during concurrent heating and cooling;
• Solar gain management via external shading and/or low solar heat gain coefficient
(SHGC)
We recommend the buildings incorporate as many of these specific TEDI reduction strategies as
possible.
Energy Recovery
Energy recovery is a key strategy to reduce heating and cooling TEDI and emissions. There are
two categories of energy recovery, as described below:
• Ventilation energy recovery: Ventilation energy recovery includes systems that recover
energy in a building’s ventilation system.
• Concurrent heating and cooling energy recovery: Sometimes buildings experience a need
for concurrent space heating and space cooling (heating and cooling at the same time,
usually in different parts of the building or building systems). If a building has an
appreciable amount of concurrent heating and cooling, an effective TEDI and emission
reduction strategy is utilizing energy recovery which uses heat generated from space
cooling and compression processes to be usefully reused for space heating.
We recommend ventilation energy recovery as follows (consistent with newly proposed energy
efficiency code):
Yarmouth Comprehensive Wastewater Management Plan, EEA No. 14659
Yarmouth, Massachusetts
• Sensible recovery ratio of at least 50% at heating design conditions for systems that provide
makeup air for Class 3 or 4 exhaust.
• Enthalpy recovery ratio of at least 70% at heating and cooling design conditions for all
other systems.
In addition, we recommend including concurrent heating and cooling energy recovery as follows:
• For office and other similar spaces, utilize electric air source heat pump systems which
have heat recovery capability. Many commercial-sized variable refrigerant flow systems
have heat recovery capability.
• If there effluent or process flows, consider using these as heat sources and/or heat sinks
(see discussion above).
Recommended Building Energy Targets
Consistent with newly proposed energy efficiency code, we recommend improving envelope and
ventilation energy recovery to achieve the following:
• For normally-ventilated office building (defined as: average ventilation is 0.5 cfm/sf or less
at full occupancy): heating TEDI of 2.5 kBtu/sf-yr, or less, and a cooling TEDI of 21
kBtu/sf-yr, or less.
• If the building is highly-ventilated (definited as: average ventilation rate is greater than 0.5
cmf/sf at full occupancy): demonstrate that site energy is 51% of a building conforming to
ASHRAE 90.1-2019 Appendix G, or lower.
Incentives
Buildings which incorporate the above strategies can qualify for significant incentives:
• MassSave® performance-based incentives1 offer incentives for every kWh or therm saved
compared to a program-provided energy model. The above energy efficiency strategies
offer opportunities for large kWh and therm savings.
• Alternative Energy Credits (AECs)2 offer incentives to electrify building space heating
using heat pumps and/or VRF.
• Massachusetts SMART program3 provides significant incentives for solar development on
top of federal and state tax incentives. SMART includes pathways which allow solar
production to be sold without off-takers. This may be of potential interest to building
developers as this allows them to develop rooftop solar without necessarily engaging with
1 https://www.masssave.com/en/saving/business-rebates/new-buildings-and-major-renovations/
2 https://www.mass.gov/guides/aps-renewable-thermal-statement-of-qualification-application
3 https://www.mass.gov/solar-massachusetts-renewable-target-smart
Yarmouth Comprehensive Wastewater Management Plan, EEA No. 14659
Yarmouth, Massachusetts
building tenants. For this reason, setting aside rooftop solar PV areas helps ensure that
building owners’ ability to monetize the roof is not impacted.
Recommendations
A summary of recommendations for buildings is as follows:
1. Provide efficient electrification of space heating, as follows:
a. For buildings with average ventilation rates of 0.5 cfm/sf or less at full occupancy,
provide all space heating with electric air source heat pumps.
b. For buildings with average ventilation rates greater than 0.5 cmf/sf at full
occupancy utilize hybrid approach consisting of primary heating with electric air
source heat pumps, sized to 25% of the peak heating load, and secondary heating
with gas, sized to up to 100% of the peak heating load.
2. Provide efficient electrification of domestic water loads (kitchen, bathroom, and shower)
using off-the-shelf, packaged air source heat pump water heating appliances.
3. Consider efficient electrification of larger process water loads using air source heat pump
water heating equipment. These are typically engineered systems that use outside air as
described above.
4. Consider effluent-source and process-source for efficient electrification of space heating
and cooling as well as water heating.
5. Provide ventilation energy recovery as follows (consistent with newly proposed energy
efficiency code):
a. Sensible recovery ratio of at least 50% at heating design conditions for systems that
provide makeup air for Class 3 or 4 exhaust.
b. Enthalpy recovery ratio of at least 70% at heating and cooling design conditions for
all other systems.
6. Include concurrent heating and cooling energy recovery as follows:
a. For office and other similar spaces, utilize electric air source heat pump systems
which have heat recovery, such as variable refrigerant flow systems that have this
capability.
b. If there are effluent or process flows, consider using these as heat sources and/or
heat sinks per 4 above.
Yarmouth Comprehensive Wastewater Management Plan, EEA No. 14659
Yarmouth, Massachusetts
7. Utilize TEDI reduction strategies to achieve the following targets (consistent with new
proposed code):
a. For normally-ventilated office building (average ventilation is 0.5 cfm/sf or less at
full occupancy): heating TEDI of 2.5 kBtu/sf-yr, or less, and a cooling TEDI of 21
kBtu/sf-yr, or less.
b. If the building is highly-ventilated (average ventilation rate is greater than 0.5
cfm/sf at full occupancy): demonstrate that site energy is 51% of the site energy of
a building conforming to ASHRAE 90.1-2019 Appendix G, or less.
Sincerely,
Paul F. Ormond, P.E.
Energy Efficiency Engineer
Massachusetts Department of Energy Resources