Strict Calif. Vapor Intrusion Guidance Threatens Development

By: Peter Duchesneau | Charles A. White
– Law360
Environmental litigation partner Peter Duchesneau and environment senior advisor Charles White authored an article for Law360 discussing the California Department of Toxic Substances Control, the San Francisco Bay Regional Water Quality Control Board and the California State Water Resources Control Board’s draft supplemental guidance on screening and evaluating vapor intrusion. In the article, the authors outline the recommendations found in the guidance and the criticisms that came to light during the comment period (which closed on June 1, 2020) concerning the guidance’s underground regulations and its use of the EPA’s default attenuation factor. They also note that “the draft vapor intrusion guidance document could create a new barrier to affordable urban infill development projects in California.”

Read the article here



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