Monthly Archives: September 2017

New, Supplemental and Complementary Green Building Standards: WELL

The most widely used green building rating system in the world is LEED, created by the US Green Business Council (USGBC). LEED certification is a globally recognized symbol of sustainability achievement, and the standards provide guidance to help building owners and managers conserve energy and water, reduce waste, and minimize building and occupants’ environmental impacts. LEED has been well received and more and more new and renovated buildings are becoming LEED certified. Building owners are beginning to reap real, significant financial benefits of their LEED-certified buildings.

However, for some LEED is a standard with limited benefits. Some company and building owners realize that their tenants, whether residents, employees, shoppers, or students, are more concerned with their health. Can buildings contain features that will improve the health and welfare of occupants, making them happier and more productive, as well as raising the asset value or driving demand for the space?

The USGBC has addressed this by publishing such unique standards called WELL Building Standards, or “WELL” for short. WELL consists of features across seven concepts that comprehensively address the design and operations of buildings as well as how these features impact and influence human behaviors related to health and well-being. The seven concepts addressed in WELL standards include:

• Air
• Water
• Nourishment
• Light
• Fitness
• Comfort
• Mind

Like LEED, WELL standards contain mandatory pre-requisites across these areas that all WELL-certified buildings must meet at a minimum, as well as a point system that must be satisfied for WELL certification. These standards to improve the health and well-being of occupants include, but are not limited to, proper ventilation, reducing the level of indoor air pollutants, improving drinking water quality, reducing infiltration of water, promoting the use of natural light, and having specific building areas devoted to improve fitness and relaxation. Like LEED, WELL has a system to accredit professional practitioners, so having an accredited WELL professional on your certification team means being professionally guided to achieve WELL certification. Innovation in design and building operation to optimize meeting WELL standards is also rewarded.

WELL is a new program, and the first initial projects are being undertaken now and the first professionals accredited. How much will a WELL-certified building benefit a business, in terms of worker health, reduced sick days, improved productivity, etc.? The data will be collected and we will soon be able to validate the claims. However, there is no question that the common sense standards can only succeed in reducing sick days, improving both health and morale, and raise confidence and motivation, critical in sales.

If you are interested in learning more about WELL standards, learning whether this is the yardstick that is best for your building or business, and determining what it takes to become WELL-certified, contact Ms. Bonnie Hagen of Bright Energy Services today at bonnie@brightenergyservcies.com or at 914-425-1376 or Marc Karell of CCES at karell@CCESworld.com or at 914-584-6720.

The Importance Of Planning for Extreme Storms

As Texas and Florida begin to recover from Hurricanes Harvey and Irma’s onslaughts, the full impacts are being assessed and lessons learned. Besides the dozens of people who lost their lives, the property damage is well into the billions. Particularly hard hit are people’s homes, their biggest investments, in most cases, with no or inadequate flood insurance. In addition, for some time nearly one-third of US refining capacity was affected. At least one chemical plant suffered several explosions, causing a mass evacuation from miles of the plant. There have been several reports of releases from pipelines. This toll certainly points to the importance of preparedness and response to minimize damage in the future when future storms hit. Such efforts need to be a partnership between government and the companies affected to be most effective.

Government needs to give companies guidelines on what level of safety in an emergency is acceptable; what level of protection should be provided to the public and institutions. While many do not like regulations, fair, consistent regulations that defines a level of protection and implemented across the board in a smart way (mainly for at risk areas) makes the most sense. In 2011, the Clean Water Act was amended to require facilities that could release oil or natural gas to prepare and be ready to implement facility response plans in case of an emergency. The system worked, as few discharges of oil products were reported, given the new plans and the advanced warning of Harvey that we had.

Of course, it is impossible to expect no environmentally-sensitive spills occur given the historic rainfall (more rain that had ever fallen in a short period in the whole US). We should remember that this is a long-term process, a learning experience. As plants and pipelines re-open, care should be given to assure that before equipment and processes are re-started that they be inspected for viability (replace, if necessary, damaged parts and equipment, make sure the whole system is working) so there is a smooth re-start of operations (with minimal discharges and emissions) and to fully learn lessons to lessen impacts from future storms.

This is also important for municipalities. While Harvey and Irma represented extreme rainfall and wind events, the question that comes up is whether the municipalities were able to handle the water and winds and can they do so the next time. Stormwater systems need to be re-examined and potentially improved. Escape routes better planned and improved, if necessary, in order for emergency services to continue in the area and for greater resiliency. If necessary, municipalities NOT impacted by Harvey and Irma should take note and ask themselves how they might have fared if storms similar in scope hit them and go back and plan and spend to protect citizens better. The images we all saw of floods and wind damage in Texas and Florida should be enough motivation for all municipalities to review and bolster their emergency planning and services, even if it means spending more money and, yes, raising taxes. Harvey and Irma can represent models against which we plan for.

CCES can assist your company in emergency planning, resiliency, and sustainability. Contact us today at 914-584-6720 or at karell@CCESworld.com.

Future of the Clean Power Plan Under Pruitt

September 2017

It is well known in this first year of the Trump Administration that many existing rules – particularly those promulgated during the Obama Administration – are being weakened, delayed, or repealed. One example is the Clean Power Plan, meant to regulate emissions from coal-fired power plants. The Obama era rule is being litigated in court. USEPA Administrator Scott Pruitt has used this as justification to state that the agency would not object to any state delaying its implementation of the Clean Power Plan and not follow any part of the schedule stated in the promulgated Plan. A number of state attorneys general have issued a letter warning Pruitt that these actions are ill-advised and potentially illegal. This matter is heading to court. After all, Congress has not amended the rule, no court has not called the Plan unconstitutional, and the US Supreme Court continues to cite greenhouse gases as legitimate pollutants that the USEPA must regulate. A presidential executive order earlier this year for the government to not enforce the law apparently has no legal standing.

The Clean Power Plan would require reductions in CO2 emissions from 2005 levels by 32% by 2030. Ironically, the US is already about half way there, independent of the rule, mainly because of market forces encouraging many power plants to switch from coal to natural gas as its fuel; gas combustion results in much lower CO2 emissions than coal.

The US Court of Appeals last year upheld the objections of some parties to the Plan, and subsequently allowed the delay of some aspects of it. But that court substantiated that the Plan is still the rule of law and only some deadlines can be bypassed.

In addition to a number of states objecting to the delays in administering the Clean Power Plan, a number are also promulgating their own new rules and standards to reduce greenhouse gas emissions from power plants and from other sources in response to the Trump Administration announcement that it would withdraw from the Paris Climate Agreement. They are using Paris goals for their own new rules. Many Fortune 500 companies are also creating and implementing their own plans to reduce greenhouse gas emissions, understanding the financial benefits from doing so. With the states and major corporations together achieving major greenhouse gas emission reductions, it may not matter what the courts rule about the validity of the Clean Power Plan, the US involvement in the Paris Agreement, and other climate change rules.

Please note that this article is not meant in any way as a legal briefing or discussion. Please do your own research in terms of the future of climate change or any environmental legislation. CCES can help your company reduce your “carbon footprint”, achieve long-lasting greenhouse gas emission reductions, and do so in ways to benefit you financially, from reduced utility bills to improved productivity to reduced maintenance costs to higher asset values. Contact us today at 914-584-6720 or at karell@CCESworld.com.

Environmental Risk and Compliance in Aftermath of an Emergency

How do we treat environmental compliance in an area hit by an emergency? Do we suspend environmental rules and procedures as people and land recover? Or do we treat it as nothing has happened? The recent tragedies of Harvey and Irma put this question in perspective.

As Hurricane Harvey left destruction throughout southeast Texas, it was natural to allow residents to return to their homes as soon as it became passable to make their way back. However, was it safe to let people return so quickly?
The USEPA reported that over a week after Harvey hit Texas, over 800 wastewater treatment plants were still not fully operational and there were releases of untreated wastewater from sanitary sewers. 13 Superfund sites in the hardest hit areas were not even visited yet by the USEPA, although it was likely that the flood waters carried some toxic material with them. Over 100,000 people had no access to safe drinking water weeks after Harvey hit. Was it safe to allow people to return without a basic assessment of these issues? Did the government put the residents at further risk of health impacts by allowing a premature return? Remember how in the aftermath of the 9/11 tragedy, the affected area was declared “safe”, and many rescue workers came, only to face debilitating health effects in the future because the air still had high concentrations of ash and other toxic compounds.

In addition, in the wake of Hurricane Harvey, Texas Governor Greg Abbott suspended many environmental rules, such as waiving the requirement to operate pollution control equipment and regulating operations at different types of facilities on the theory that these efforts could hamper the recovery from the hurricane. These suspensions include air emission and effluent restrictions, as well as performing certain operations, maintenance, testing, and reporting and spill reporting and response requirements of hazardous waste, of which the heavy rains and winds carried outside of containment areas into areas where people may be exposed. Texas also issued guidance allowing local authorities to perform whatever recovery activities it believes will be most effective, even if there are environmental implications. It should be noted that this applies to state rules only, and does not apply to federal rules.

The scope of the suspension is only applicable where normal operations are unsafe due to the conditions and compliance would prevent or hinder actions needed to recover in coping with this disaster. The suspension is only valid in the areas hit by Harvey and only for the time that the area is considered a disaster area.

However, was this the proper decision? Might suspending rules and procedures increase the environmental impact and the risk of exposure to pollutants in the air, water, and solid areas?

Further study will determine whether these were risky decisions or prudent given the circumstances. Lessons will be learned.

CCES can help your firm assess the technical aspects of compliance with and risk from environmental regulations in your state and locality. Contact us today at 914-584-6720 or at karell@CCESworld.com.