Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
Vapor Intrusion: New Rules by the EPA
The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision...more
Last week, the EPA announced two significant settlements for violations of the Clean Air Act relating to emissions of volatile organic compounds (“VOCs”) from upstream oil and gas production facilities. These enforcement...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
EPA has proposed to add the Rockwell International Wheel & Trim Site in Grenada, Mississippi to the National Priorities List, the first site added based solely on the risk to human health from vapor intrusion from subsurface...more
The National Priorities List is designed to identify the contaminated sites that pose the highest risk to human health or the environment so that U.S. EPA can focus its efforts on these sites. For the first time, on January...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
U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more
The National Priorities List (“NPL”) is EPA’s list of the most contaminated sites in the country that warrant cleanup under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, (“CERCLA” a/k/a...more
The Massachusetts Department of Environmental Protection (“MassDEP”) has been updating its policy and guidance to address improvements in scientific understanding as well as its experience in addressing site contaminants. As...more
The cumulative impact of the EPA guidance is to require the generation of more data, which means more sampling and analysis, more frequent and stringent remediation, and potentially higher remediation costs. At long...more