Is COVID-19 Affecting Your Business Model?

Has COVID-19 caused you to consider expanding, downsizing or relocating your business? Or maybe to consider changing your facility operations? If so, these changes may trickle down into a host of environmental areas that should be on your radar.

If you are adding, relinquishing or changing facility locations, an often-overlooked item to cross off your list is an environmental due diligence assessment, commonly referred to as a “21E” or ASTM Phase I Environmental Assessment. Besides often being a requirement for acquiring financing, a key point of this assessment is to meet the “all appropriate inquiry” rule that must be conducted prior to the acquisition of real estate in order for an owner to seek liability protection under the Federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and for assessments under the CERCLA Brownfields grant program. Furthermore, conducting a due diligence assessment can provide information to evaluate the potential environmental risk upon property acquisition or provide a base-line evaluation of the environmental condition of a property upon relinquishment. This can be a valuable asset to protect your business from environmental risk and liability whether you own or lease a property.

In all cases where your business model is changing, environmental permits may be needed, existing permits may need to be modified or even terminated. Among others, the following environmental areas and associated permits may be impacted:

  • Underground and Aboveground Storage Tanks (Registration, Operation/ Maintenance, Inspection, Closure)
  • Spill Prevention, Control and Countermeasure (SPCC) Plan
  • Hazardous Waste Storage and Disposal
  • Flammable and Chemical Storage
  • Air Quality (Permitting and Reporting)
  • Stormwater (2020 Multi-Sector General Permit, No Exposure Certification, Federal and Massachusetts)
  • Sustainability Assessment
  • Water, Wastewater and Process Design
  • Emergency Planning and Community Right To Know Act (EPCRA) Planning and Reporting
  • Process Safety Management/Risk Management
  • Health and Safety (Job Hazard Analyses, Lock-Out/Tag-Out, Confined Space, Industrial Hygiene Evaluation, etc.)
  • Environmental Program Training

Whatever challenges you may be facing, CAPACCIO can help, from assisting with an individual permit or design, to providing a comprehensive environmental audit of your needs. Please contact Dawn Horter, PG, LSP at for additional information.