MMA provides comments to MassDEP regarding public EV supply equipment and battery electric storage systems

Ben Hanna, Legal and Policy Advisor
Massachusetts Department of Environmental Protection
100 Cambridge St.
Boston, MA

Delivered electronically

Dear Mr. Hanna and Health, Safety, and Environmental Guidance team,

On behalf of the cities and towns across the Commonwealth, we write today to provide input on the development of public health, safety, and environmental guidance regarding the installation and use of public electric vehicle supply equipment (EVSE), also known as charging stations, and battery electric storage systems (BESS).

The guidance you are drafting will be an essential tool to ensure that public, municipal, and state officials are informed of best practices that prioritize the health and wellness of residents, visitors, and the environment. Your work will inform the extensive regulatory processes that are underway right now that are intended to advance clean energy development throughout Massachusetts. These efforts are critical to ensure we meet our shared climate goals while proactively safeguarding the wellbeing of our Commonwealth. Thank you for your focused attention to this initiative and your careful consideration of input provided throughout the process.

As you know, municipalities are at the forefront of the clean energy transition, public safety, and environmental stewardship. In their roles at the intersection of these important efforts, cities and towns request support to simplify procedures, implement best practices, and offer clarity to concerned residents. Our members indicate that clear health, safety, and environmental guidance, that is grounded in science, is essential to ensure public support and smooth government approval and oversight processes for clean energy development.

We strongly urge you to create a comprehensive and live guidance resource. Clean energy technology is developing at a rapid rate with best practices and pitfalls continuing to be understood with every new development. Because of this, it is critical that the guidance generated today be continually updated to reflect this changing landscape and provide the most up-to-date recommendations to those that seek it.

Additionally, we recommend taking a comprehensive “one-stop shop” approach to this resource by including guidance or links to additional information on as many relevant clean energy development topics as possible. Further, whenever possible, guidance should be supported by scientific research, verifiable evidence, agency standards, or the like.

Our members describe concerns for health, safety, and environmental implications through two key perspectives: day-to-day operations and emergency events. Municipal officials prioritize the wellness of residents and the environment and regularly field questions from community members about these implications. In particular, municipal officials are in need of state-endorsed best practices and data to inform the siting, permitting, planning, management, and oversight processes related to clean energy infrastructure (CEI). This includes providing clear guidance in response to resident inquiries and concerns on a broad spectrum of topics.

Everyday Operations
Cities and towns are in need of state endorsed guidance regarding everyday operations of clean energy infrastructure including, but not limited to:
• Noise
• Heat management
• Stormwater pollutants and flow management
• Best practices for facility design
• Electromagnetic fields
• ADA compliance and overall accessibility
• Everyday impacts on natural environment and wildlife
• Model policies and processes

Our members can appreciate that some topics listed do not necessarily pose risks, and might be misunderstood by some members of the public. However, guidance on these topics will help inform decisionmaking by local bodies and provide a helpful tool for municipal officials to respond to resident inquiries.

Emergency Events
Municipalities hold a critical role in protecting communities and the environment from the consequences of unexpected disasters. This includes meticulous planning, preparedness, and risk management of all development, infrastructure, and investments, especially those that present unknown risks or possibilities of extreme outcomes.

Although some CEI is well-established technology with easily understood risk management practices, some present uncertainty. In particular, lithium ion (LI) battery energy storage systems raise concerns about emergency situations that could result in significant public health and environmental damage. The fear of BESS malfunction, LI battery fires, and response to these events are grounded in reality. That fear is also exacerbated by the current stage of technological development, lack of example projects, and lack of clear guidance on health, safety, and environmental implications. Municipalities work every day to mitigate the possibility of emergency events and plan emergency responses to manage lasting impacts.

We urge you to prioritize the dissemination of best practices to reduce and respond to the risks inherent with the development and use of CEI, especially BESS. We further recommend clearly outlining the possible risks while offering guidance to prepare for and respond in case of emergency.

Guidance is needed on:
• LI battery fire risks and fire suppression response
• Respiratory impacts of and preventative measures for pollutants released from batteries if a malfunction occurs
• Environmental impacts of fire suppression or other disaster response methods
• Environmental impacts of pollutants released from compromised BESS
• Impacts of deforestation or other environmental ecosystem manipulation needed for development to include impacts on watershed, carbon sequestration, resilience, and more
• Best practices for facility design
• Model policies and processes
• Best practices for disaster response
• Municipal liability protections for disaster implications
• Recommended certification, licensing, or other credentials for BESS and EVSE materials, products, and service providers
• Common or extreme pitfalls to avoid throughout the installation, operation, and decommissioning processes
• Guidance on EVSE installation standards including installation, sightline, setback requirements, accessibility requirements, and more
• Recommendations for developers on how to best dispose of or recycle materials when a disaster renders them unusable, these materials reach end-of-life, and when a facility is decommissioned

Many cities and towns continue to seek out new opportunities to host public and private BESS and EVSE projects and wish to simplify the process and proceed assuredly with such development. The work you are undertaking is poised to provide the insight needed for communities across the Commonwealth to confidently navigate our clean energy transition.

We appreciate your consideration of the concerns and priorities of local governments as you draft these important guidelines. We look forward to continuing our partnership throughout the many regulatory processes ahead.

Please do not hesitate to reach out with any questions or concerns. You may contact me directly or MMA Legislative Analyst Josie Ahlberg at jahlberg@mma.org, or Legislative Analyst Adrienne Núñez at anunez@mma.org, at any time.

Sincerely,
Adam Chapdelaine
MMA Executive Director and CEO