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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
As concerns have escalated about vapor intrusion, regulatory agencies are not only taking more conservative approaches to risk – they may also be more likely to take enforcement action where there is delay or non-compliance...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W. Johnson In February 2020, California EPA (Cal-EPA) released its Draft Supplemental Vapor Intrusion Guidance (“Draft Guidance”) – designed to promote consistency in the investigation of vapor intrusion among...more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
By Laurie Berger (May 28, 2020) In February of this year, three California regulatory agencies released the much-anticipated draft guidance for the investigation of vapor intrusion, “Supplemental Guidance: Screening and...more
Guidance Increases Uncertainty for Restoring Brownfields - The long-awaited CalEPA guidance for screening and evaluating vapor intrusion has been issued as a draft for public comment. This state-wide guidance, jointly...more
On October 1, the Washington State Department of Ecology (Ecology) released new guidance with regards to Trichloroethylene (TCE) vapor intrusion....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
An increasing degree of attention is being paid to instances of vapor intrusion, the process by which volatile chemicals migrate, in vapor form, from soil or groundwater into indoor air spaces of buildings. Even in the era of...more
The Michigan Department of Environmental Quality (MDEQ) recently announced that it will be evaluating the vapor intrusion (VI) pathway at 4,000 sites, including as many as 375 Resource Conservation and Recovery Act (RCRA)...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
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
More than ten years after issuing draft guidance regarding the increasingly significant subject of vapor intrusion (VI), the U.S. Environmental Protection Agency (EPA) has just released for public comment drafts of two...more