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California issues draft guidance for vapor intrusion to indoor air

May 7, 2020Article
Thomson Reuters/Westlaw

Greenberg Glusker partner, Brian Moskal, discusses the guidance issued by the State of California regarding vapor intrusion to indoor air, along with the background, provisions, and implications of this guidance in his article, "California issues draft guidance for vapor intrusion to indoor air," published by Thomson Reuters. 

Introduction:

California environmental agencies recently issued a draft vapor intrusion guidance document that will significantly impact the investigation and remediation of environmentally impacted properties by owners, operators and potential buyers.

The guidance document will also impact real estate deals and development involving those properties.

The California State Water Resources Control Board, San Francisco Regional Water Quality Control Board and California Department of Toxic Substances Control released their “Draft Supplemental Guidance: Screening and Evaluating Vapor Intrusion” for public comment on Feb. 14.

The draft guidance attempts to standardize and render consistent the approach that various California environmental agencies with overlapping jurisdiction take regarding vapor intrusion. If promulgated in its current form, this guidance document could make regulatory compliance for these properties significantly more difficult, expensive and time-consuming.

Real estate and environmental lawyers, property owners and developers, and environmental consultants should accordingly familiarize themselves with the draft guidance. They may also wish to advise potentially affected clients of the likely implications and the June 1 public comment deadline.

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