Sustainability-LEED®
Environmental regulations can be complicated and overlapping, often proving difficult to identify all requirements that apply to an operation. In each Related Program Index (RPI) this task is simplified by identifying the implications one program often has on others. This RPI uses the J.J. Keller & Associates, Inc. broad regulatory knowledge to recommend regulations and compliance programs that may also apply when optional Leadership in Energy & Environmental Design (LEED®) certification framework relates to your facility.
If you implement LEED® certification framework, you should consider …
Waste generation and disposal
Projects pursuing LEED® certification earn points across numerous areas. They can include sustainability of the building location, water protection, energy efficiency, air quality, use of sustainable construction supplies, waste reduction, and indoor environmental quality. Points are awarded for the credits completed. The number of points earned governs the level of LEED certification the project obtains. One of the credits specifically for LEED® is on Construction and Demolition Waste Management.
Construction and demolition (C&D) debris is not federally regulated, except that solid waste landfills must follow some simple standards set forth in the Federal Register at 40 CFR 257. Thus, states, have the main role in defining and regulating C&D debris. Additionally, EPA regulates construction materials that have lead and asbestos. Examples of materials at construction sites that may be categorized as hazardous wastes include:
- Spent cleaners,
- Paints,
- Used oil,
- Paint thinners,
- Wastes with ignitable and corrosive materials, and
- Wastes with certain toxic pollutants.
A list of hazardous wastes and their permissible concentrations is in the regulations that implement the Resource Conservation and Recovery Act (RCRA). The requirements for generators of hazardous wastes are based on the quantity of hazardous wastes produced. Those who generate large amounts of hazardous waste are subject to more regulatory requirements than generators of small amounts.
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Water discharges
If your LEED® construction project disturbs one or more acres of land, you may have to get Clean Water Act (CWA) permit coverage for discharge of storm water runoff from your construction site. These permits are issued through the EPA National Pollutant Discharge Elimination System (NPDES) program. For permit coverage among other things, you must:
- Submit a Notice of Intent to certify you will not harm federally-listed endangered species,
- Create and implement a Storm Water Pollution Prevention Plan (SWPPP), and Submit a Notice of Termination (NOT), if mandatory, when finishing construction activities.
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EPCRA
There are emergency preparation and reporting requirements for hazardous chemicals under the Emergency Planning and Community Right-to-Know Act (EPCRA) and for oil under the Oil Pollution Act. The requirements depend on the kind of chemical in question. Each EPCRA hazardous chemical has a “reportable quantity.” If you spill or release more than this quantity at your LEED® construction site, you must report it to a nearby authority. If you have hazardous chemicals on your site, you can identify the authority who should receive the reports by reaching out to your fire department. Also with EPCRA, you must maintain a material safety data sheet (SDS) for all materials on your site that have hazardous chemicals. You can get this from the chemical supplier.
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Air emissions
EPA has air quality standards for six familiar “criteria pollutants”: particulate matter, ozone, sulfur dioxide, nitrogen dioxide, carbon monoxide, and lead. Federal regulations require each major source of air pollutant emissions to get an “operating permit” that combines all the air pollution control requirements into a sole, inclusive document covering all parts of the source’s air pollution actions. Air pollution permits are also required for companies that create new pollution sources or make substantial variations to current pollution sources. Decreasing air pollution through renovating or changing your building into a LEED® certified one could alter your air pollution permit if you are a major source.
Keep in mind that Clean Air Act (CAA) requirements are executed mainly by states through their State Implementation Plans. Some requirements can include standards for heavy-duty trucks that may be used during construction and regulation of dust emissions at a constructions site.
Regulatory citations:
- 40 CFR 50-99
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CERCLA
If you excavate soils while constructing your LEED® building that contains hazardous substances like pesticides or petroleum, you could be responsible under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Requirements under CERCLA direct how to handle a material with a hazardous substance. CERCLA’s focus is on the cleanup of inactive hazardous waste sites and the legal responsibility for cleanup expenses on arrangers and transporters of hazardous substances and on current and previous owners of facilities where hazardous substances were disposed.
Regulatory citation:
- 42 U.S.C. 9601 et seq.
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Species protection
With some exceptions, the Endangered Species Act, and actions that affected protected endangered or threatened species and the habitats they rely on. Incidental take permits would be the most common permit required for LEED® construction actions that affect protected species. This permit allows an entity to take a listed species if such taking is incidental to, and not the purpose of, accomplishing an otherwise legal action. A habitat conservation plan must go along with an application for an incidental take permit. The habitat conservation plan ensures that the effects of the approved incidental take are sufficiently minimized and mitigated.
Regulatory citation:
- 16 U.S.C. 1531 et seq.
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