Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
Vapor Intrusion: New Rules by the EPA
North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation - The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and...more
The California Department of Toxic Substances Control (DTSC), State Water Resources Control Board, and San Francisco Bay Regional Water Quality Control Board (collectively, CalEPA VI Workgroup) published their final draft...more
On February 23, 2023, California EPA (Cal EPA) finally released a “final draft” version of the much-awaited vapor intrusion guidance, Final Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion (VI Guidance)...more
This presentation will focus on revised vapor intrusion guidelines and the proposed listing USEPA of PFAS (forever chemicals) as a CERCLA hazardous substance....more
By Catherine W. Johnson In February 2020, California EPA (Cal-EPA) released its Draft Supplemental Vapor Intrusion Guidance (“Draft Guidance”) – designed to promote consistency in the investigation of vapor intrusion among...more
In February, the California Department of Toxic Substances Control, or DTSC, the State Water Resources Control Board, or SWRCB, and the San Francisco Bay Regional Water Quality Control Board released a much-anticipated draft...more
After years in the making behind closed doors, on February 14, 2020, the California Department of Toxic Substances Control (DTSC), the San Francisco Bay Regional Water Quality Control Board and the California State Water...more
Public comments on California’s Draft Supplemental Vapor Intrusion Guidance (“DSVIG”) were due to Cal-EPA by June 1, 2020. So far, comments submitted indicate several California businesses and industries are concerned about...more
On February 14, 2020, the State Water Resources Control Board (SWRCB) and the California Department of Toxic Substances Control (DTSC) issued a public notice regarding the release of Draft Supplemental Guidance: Screening and...more
On October 1, the Washington State Department of Ecology (Ecology) released new guidance with regards to Trichloroethylene (TCE) vapor intrusion....more
The San Francisco Regional Water Quality Control Board recently issued a fact sheet summarizing changes to its approach to remediating environmental impacts and mitigating vapor intrusion (VI) at properties impacted with...more
Introduction - Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing...more
With increasing concern and attention being raised by regulatory agencies and the public on protecting building occupants from exposure to vapor intrusion (VI)-related contaminants, parties acquiring and developing property...more
2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more
We can expect the trend seen in Massachusetts and some other states of reevaluating and reopening previously closed sites to address the vapor intrusion pathway to grow. Massachusetts is the latest state to reevaluate...more
Addressing a hot topic, the Maine Department of Environmental Protection (DEP) just issued “Supplemental Guidance for Vapor Intrusion (VI) of Chlorinated Solvents and other Persistent Chemicals” superseding guidance issued in...more
The U.S. Environmental Protection Agency (EPA) has just announced a proposed rule to add a subsurface intrusion (SsI) component to the Superfund Hazard Ranking System (HRS). Addition of a Subsurface Intrusion Component to...more
Warranty/Guaranty Provisions in Construction Contracts - The most confusion I have seen in the discussion of construction topics concerns the concepts of “warranty” and “guaranty.” This article will address the...more
Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected...more
Vapor Intrusion (“VI”) is the migration of vapors from contamination in the ground into overlying buildings and structures. It’s no secret that regulatory agencies have increased their focus on VI over the last decade. ...more
On June 11, 2015, the United States Environmental Protection Agency released long-delayed final guidance for evaluating and mitigating risks at sites where vapor intrusion is an actual or potential concern. The final guidance...more
Action Item: Vapor intrusion has been a primary concern of state and federal environmental agencies for the past decade, and, accordingly, remedial actions have included vapor migration and intrusion as an exposure pathway....more
This video provides background on the EPA’s new rules on vapor intrusion, or the intrusion of chemicals into the air inside buildings. The issue applies to any building constructed on a site that was previously used for...more
In April 2013, U.S. EPA’s Office of Solid Waste and Emergency Response issued two guidance documents on soil vapor intrusion. One addresses general soil vapor intrusion issues, while the other is specific to petroleum vapor...more
Most commercial or industrial buyers of contaminated property, and virtually all lenders at contaminated sites, require sellers to either obtain a no-further-remediation letter (NFR) themselves, place money in escrow in an...more