Monthly Archives: April 2020

Exemptions From Environmental Laws Due to Pandemic?

Our lives have turned around given the COVID-19 pandemic. How does this affect federal and state environmental laws? Most of these laws have emergency provisions to bypass or waive certain requirements. It is too early to know which laws are or will be affected due to this crisis, but some future changes can be anticipated.

One example is the dire need for more medical facilities to treat the sudden crush of COVID-19. Building such facilities normally requires the developer to get approved an environmental impact statement (EIS) and obtain environmental permits for potentially large source of air pollution and chemical management, solid waste, and wastewater treatment systems. However, we are clearly seeing under the federal declaration of an emergency in mid-March and state government declarations the rapid construction of medical facilities, typically in large facilities unable to be used for its intended purpose during the crisis, such as a convention center, without permits dictated by the National Environmental Protection Act (NEPA) or EISs.

NEPA contains no emergency exemptions. However, the White House agency, the Council on Environmental Quality, has authorized agencies to go forward with projects independent of NEPA in emergency situations. In addition, after 9/11, the USEPA used that situation to allow certain actions that would otherwise violate the Clean Air Act, such as for trucks needed at the sites during the recovery period.
New York, the state hit hardest by COVID-19 as this is written, has regulations that exempt from needing an EIS emergency actions that are immediately necessary for the protection of life, health, property or natural resources, provided that such actions are directly related to the emergency.

New York also allows its governor to issue an executive order to temporarily suspend any rule or regulation of any agency during a state disaster emergency, if compliance with such a rule would hinder any action necessary to cope with the disaster. Governor George Pataki declared an emergency the day after 9/11 and suspended regulations regarding transportation and management of solid waste during the debris removal operation and the building of the Freedom Tower at 7 World Trade Center. The current governor, Andrew Cuomo has declared a state emergency over COVID-19 and is prepared to suspend rules or policies in order for hospitals to properly function to serve the growing number of distressed patients.

How might the current COVID-19 pandemic affect companies complying with environmental requirements? How might staff illness, sudden lack of revenue (needed to comply with rules), supply chain disruptions, and change in priorities affect firms in the near term? Will agencies recognize the stress that companies are under and relax rules in order temporarily to allow them to survive? Might agencies relax certain rules altogether for all subject facilities?

What happens to companies that are in a consent decree with an agency to perform specific environmental obligations in an emergency? There may be situations where the COVID-19 pandemic may be considered a force majeure event, excusing the firm from some obligations as there is a true inability to obtain equipment needed to comply. Is a company’s lack of revenue due to a lockdown considered force majeure? Traditionally, lack of funds does not qualify, but recent business declines have been so great and sudden that some believe that this should excuse a company from compliance, too.

Please note that this article is not meant to be interpreted as a legal document. It is meant as a general overview. On all related matters, please refer to qualified, experienced legal counsel before making any decisions. CCES can assist you on technical matters related to environmental compliance, providing you with technical options to comply with regulatory, permit, or consent order requirements or standards. Contact us today at 914-584-6720 or at karell@CCESworld.com.

Best Practices to Protect Your HVAC Equipment

By Bud Hammer, Atlantic Westchester

As many facilities are having to reduce operating hours or temporarily cease operations, it is important to still maintain your building’s environment as well as your bottom line. Building owners and operators are actually in a position to take precautions to help prevent spread of infections. When you return to full capacity at your building, the reassurance of improved air quality and facility safety is a must.

There are things that can be done with your HVAC systems to support a healthy indoor environment and help protect against the spread of flu viruses like COVID-19. Here are some recommended procedures to follow while buildings are closed or minimally staffed:

1. Keep HVAC systems running. Even if buildings are unoccupied, insufficient temperature and humidity control can lead to mold growth.

2. Reprogram standalone programable thermostats and adjust BAS/DDC temperature setpoints and occupancy schedules to avoid unnecessary spend.

3. Maintain a temperature between 55⁰F and 80⁰F and a proper indoor relative humidity (50% RH) maximum humidity of 60%– Viral transmission occurs at higher rates when indoor humidity levels are either very low or very high. Studies have shown higher person-to-person transmission levels occur when indoor humidity is lower than 40% RH than occur at 50% RH. This has to do with the evaporation process. Increasing the reliance on outside air can help increase the humidity in commercial buildings to an optimum level to help inhibit airborne transmission of viruses.

4. Use high-efficiency filters, preferably HEPA (MERV 13). Upgrade filters. High-performance filters (MERV 14-16) can remove particulates down to the size of the COVID-19 virus. Filters come in a variety of ratings. As their rating increases, so does the price. Standard pleated air filters entrap larger particles and are sufficient for most purposes, but they cannot scrub the air of bacteria and viruses. Improved filtration may be worth the investment given the great concerns about viral transmission. Supplies of these filters are limited.

5. Clean air ducts and coils.

6. Perform any preventive maintenance now (HVAC, power, and lighting assets) while buildings are unoccupied.

7. Exercise your emergency backup power systems to ensure uptime when needed.

8. Augment staff for increased connectivity to suppliers and reduction of potential downtime.

9. Increase the volume of outside air (OSA) to achieve more air changes – HVAC systems are the source of fresh outside air for occupants. Increasing the amount of OSA reduces the amount of recirculated air through the HVAC system. “Ventilation represents a primary infectious disease control strategy through dilution of room air around a source and removal of infectious agents” (CDC 2005). Replacing contaminated indoor air with fresh OSA is an important step in improving occupant health. ASHRAE is the organization that sets the standards for the HVAC industry. Its most recent advisory guidelines states that now is not the time for energy-saving techniques like demand control ventilation (DCV) that reduces the amount of OSA. We recommend increasing outside air levels to 20% – 40% of the air handling capacity of the HVAC unit. The mild temperatures of spring reduce the energy penalty that this action would otherwise create under more extreme summer or winter outdoor temperatures. Units equipped with variable speed fans can cost-effectively accommodate an increase in ventilation rates.

10. Ensure equipment is in proper working conditions. All of the above recommendations assume equipment is in proper working condition and supply fans run continuously whenever the building is occupied. Commercial buildings should never run in the “auto” mode unless steps are taken to periodically “over-ventilate” the building. It is common for retail and small offices to run fans improperly. Make sure to educate your tenants and facility teams on the importance of running fans continuously. It is established in the building codes and national standards.

Atlantic Westchester (AW) is a commercial Heating Ventilation Air Conditioning (HVAC) company dedicated to making buildings smarter while providing the highest quality service in the industry. Since 1961, AW has catered to clients across the NY metro area with proactive maintenance, remediation and installation services based on their unique facility needs. Our professional, well-trained team works as a trusted partner to provide our clients with intelligent, energy-efficient solutions that optimize building performance, lower operating costs, and improve comfort. For more information, AW’s website is: https://www.atlanticwestchester.com/ or contact Ms. Cathy Hoffman at choffman@atlanticwestchester.com or at 914.666.2268.

The Pandemic’s Effects on the Energy Efficiency Sector

The COVID-19 pandemic is, of course, having a tremendous impact across the U.S. One hundred thousand or more will likely perish and tens of millions will have lost their jobs or had their businesses greatly weakened – including those in the energy sector.

1. Most companies are not thinking about energy right now. Of course, any company’s main concerns these days will be the health and safety of themselves and their employees, making sure technologies work so people can work from home, and maintaining their systems if they are allowed to function. Nobody is thinking about energy and upgrades and how to save usage and cost.

2. No or few site visits. Most companies and buildings that were seriously looking at energy upgrades are not going through with them. Many contractors are prohibited from or do not want to work in places where health is unsure. Many energy firms have had business losses “overnight” and have had to lay off staff.

3. Lack of capital. Potential customers for energy efficiency upgrades will be hard put to find the money to pay for potential projects – even if they understand the many benefits. The pandemic has put the U.S. in a recession, meaning there is less money available for projects and businesses looking to rebound will focus on projects with immediate paybacks or ways to re-attract their customer base. The many business failures probably will mean reduced revenue for many utilities and governments, meaning less money available for incentive programs. The good news is that the potential follow up to the CARES package is rumored to contain stimulus provisions for energy. Plus, several states want energy efficiency to be part of their recoveries, as well, as they understand that energy efficiency is one way to benefit businesses (help them reduce costs).

4. Losing motivation.  There is a concern that society will lose its motivation for energy management and sustainability as more data is published that the new recession and lockdown situation has caused traffic, power demand and green-house gas emissions to decline rapidly. Of course, a need for energy efficiency may return if people will return to our previous high consumption lifestyle.

5. Real estate changes.  We simply don’t know what the future of the workplace and its real estate will be, causing businesses to wait until that is worked out to design space more efficiently. People have gotten used to working from home and using video conferencing. When the lockdowns end, will businesses move to smaller spaces, encouraging staff to continue to work from home? Or might they wish to move into larger spaces to enable greater distances between employees as we continue to have social distancing at least until the virus is completely controlled? Until businesses decide on these trends (likely, many months or years), companies may be hesitant to invest in energy efficiency.

However, there are factors that favor a robust comeback of the energy efficiency sector.

1. Energy efficiency will be critical for businesses making a comeback. For most such businesses, it will be hard to bring back staff, make one’s product, get back customers, etc. Sales may lag for some time, even when lockdowns are lifted. Thus, it will be more important than ever for a company to lower costs, one of the greatest ones being energy. As long as energy projects are seen as financially beneficial with a short payback, it will be important for a business trying to come back to reduce regular costs, and energy efficiency meets this.

2. Prepare for the next “big thing”.  The pandemic hurt businesses so much and so quickly, certainly making people realize that one must prepare for circumstances that can potentially change rapidly. One way to prepare is to lower costs and operate more “lean and mean”. Being energy efficient is certainly an example to help businesses weather the next potential “storm”.

3. Climate Change may be the next “storm”.  While the pandemic was caused by a microscopic virus, perhaps the next big effect on people’s health and businesses is the opposite extreme. The changes to huge planetary systems, encompassed by Climate Change will surely cause large-scale death and business upheavals. Of course, the best way to deal with upheaval is to be efficient. Given Climate Change is so linked to energy, energy costs will likely rise significantly in the future, so controlling these costs by being energy efficient and using renewable technologies will likely be favored greatly.

For these reasons, it would appear that the energy efficiency business market will suffer in the short-term, but can undergo tremendous growth in the longer term.

CCES has the experts to help your company develop an energy plan and help you incorporate energy efficiency in your future growth plans to provide many competitive financial benefits. Contact us today at karell@CCESworld.com or at 914-584-6720.

Yes, It’s Time to Think About Energy & Sustainability

As I write this, we are in, perhaps, the most difficult period of our lives. We are mostly holed up at home and seeing how tens of thousands of fellow Americans have died (so far) from COVID-19 caused by exposure of the novel coronavirus and millions of people have lost their livelihoods or had their companies gravely damaged, as a result. It will be months, if not a year or two, before things get back to “normal”, if that is possible again.

But I maintain that this is the time to begin to think about your business’ energy profile and how to use it to your advantage when things move toward normal. The vast majority of businesses have been impacted by the pandemic. Those that survive when the worst of this passes will suffer great losses, possibly in the trillions of dollars in revenue. Certainly, there will be changes in the way business will be done.

What might those changes be? Many people are working from home now. Might it stay that way when people can commute to their offices again? What are the real estate implications of this? Many companies will need to reconfigure their offices. Some will learn from this and look to add more space with the same number of staff (office social distancing). Some will downsize their space as staff will continue to work from home.

Another given is that companies will need to make up for the shortfall of revenue of many months. Getting your product, sales, delivery, and other systems running again and reliable for your customers is important. And there will certainly be gimmicks and other inducements to get customers back.

However, part of the equation for being a viable business again is to cut expenses, and a great way to do this is through sustainability. What can you do to make your business more sustainable, your staff more healthy and productive, and cut back on energy and water usage and waste generation? As you await the end of the lockdown and prepare for your business to operate again, take some time to plan actions your business will implement to be more sustainable, have your staff more productive, and reduce those pesky expenses, by being more energy efficient.

Here is a true story that just happened. In February, I presented an industrial client a proposal to change their fluorescent lighting to LEDs. With utility incentives, the client would have to lay out $6,000, but would save about $70,000 in avoided energy costs in 5 years. What a deal! But they turned it down. They said they would go to the local hardware store, buy the LEDs, and install them themselves; after all, they were very handy. Well, March came with all of our issues with lockdowns and the client certainly did not have the time to go out and buy the LED tubes. The company, like so many others, is still operating, but has seen a significant drop in revenue. They realized they have to react to this by cutting expenses; they have asked for a new proposal for LEDs.

In your preparation to re-start or bring your company back to where it was, give some serious thought to energy conservation and sustainability to give your business a better footing to weather future situations.

CCES has the experts to help find ways to reduce your energy and water usage, saving potentially significant costs for you. We have saved others both cost and greenhouse gas emissions. Contact us today at 914-584-6720 or at karell@CCESworld.com.