As businesses across the country begin to re-open, many will be hypervigilant about the safety of indoor spaces. While stay-at-home orders may be lifting, business owners and their employees may have significant trepidation about the risks of returning to their workspaces and public venues. Building owners and property management companies will be called upon to address concerns about the safety of their tenant spaces and public areas, and the adequacy of measures taken to ensure the protection of building occupants. However, while building owners and property managers must necessarily focus on addressing the concerns arising directly from potential exposure to the COVID-19 virus, they should not ignore other potentially significant concerns associated with reopening their properties. One such concern is the stagnant conditions that may develop in a building’s water system during periods of extended disuse, which can lead to an enhanced risk for the spread of the Legionella bacteria that can cause Legionnaire’s disease, creating potential health risks for tenant, worker, and other user populations.
Continue Reading After the Stay-At-Home Order: Water Management Best Practices for Re-Opening Buildings

On June 21, 2019, the White House Council on Environmental Quality (CEQ) released a new draft guidance redefining the process federal agencies will use to evaluate greenhouse gas (GHG) emissions under the National Environmental Policy Act (NEPA). In marked contrast to GHG guidance issued by CEQ under the Obama Administration in 2016, the draft guidance encourages federal agencies undertaking NEPA review to follow the “rule of reason” and use their “expertise and experience” to decide whether and to what degree the agency will analyze particular effects of GHG emissions. Therefore, the draft guidance moves to a more deferential approach to agency review under NEPA than the Obama Administration’s prescriptive guidance. The draft guidance will be published in the Federal Register for public review and comment. If finalized, it will replace the Obama Administration’s 2016 guidance, which was withdrawn effective April 5, 2017, after President Trump issued Executive Order (EO) 13783, “Promoting Energy Independence and Economic Growth.” 
Continue Reading A Clear Shift in Policy: CEQ Issues Draft Guidance for Consideration of Greenhouse Gas Emissions Under NEPA

The Environmental Protection Agency (EPA) has proposed to expand the applicability of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for stationary combustion turbines. EPA originally established the combustion turbine (CT) NESHAP in 2004. On April 12, EPA officially proposed the long overdue residual risk and technology review (RTR), which is required within eight years of the final standards.

While, based on its RTR analysis, EPA proposes to leave the current CT standards in place, the proposal would expand the reach of those standards to two additional subcategories of units by lifting a stay that has been in effect since the standards were originally finalized. Lifting that 15-year-old stay would impact lean pre-mix and diffusion flame natural-gas-fired CTs. The proposal would also eliminate the startup, shutdown, and malfunction exemption for all units subject to the rule. Although all existing lean pre-mix and diffusion-flame gas-fired units would become subject to the NESHAP, only units constructed or reconstructed after January 14, 2003 must comply with substantive emission and operating limitations.
Continue Reading EPA Proposal Would Regulate Air Toxics from Two Types of Stationary Combustion Turbines