September 6, 2012

Vapor Intrusion: The State of the Science and the Law

Vapor intrusion—migration of volatile chemicals from contaminated groundwater or soil into an overlying building—is now part of nearly every site investigation and many real estate transactions. As the science of vapor intrusion evolves, states continue to update their guidance, policies, and regulations: New Jersey and Ohio released revised guidance in late 2011; Michigan issued its draft guidance this summer; Illinois is expected to finalize its rulemaking later in 2012; and Pennsylvania is expected to release its updated guidance early in 2013. ASTM released a new standard in 2010 for investigating vapor intrusion for real estate transactions. EPA is expected to release its new guidance, last updated in 2001, at the end of this year. As the science of vapor intrusion continues to evolve and states continue to update their guidance, professionals involved in vapor intrusion sites need to stay on top of it all.

What is the process for a vapor intrusion investigation? What is the science behind such an investigation? How will these new regulations influence such investigations? An expert panel discussed the science of vapor intrusion, how vapor intrusion investigations are completed, new and anticipated guidance and regulations at the state and federal levels, and case studies of various vapor intrusion investigations.

Speakers:
Mark Distler, Senior Vice President, O’Brien & Gere (moderator)
Richard Kapuscinski, Office of Superfund Remediation and Technology Innovation, EPA
Megan Conlon McCulloch, Partner, Honigman Miller Schwartz and Cohn
Christopher M. Roe, Partner, Fox Rothschild
Lenny Siegel, Executive Director, Center for Public Environmental Oversight

Materials:
Mark Distler powerpoint, Soil Vapor Intrusion
Richard Kapuscinski powerpoint, OSWER's Final Vapor Intrusion Guidance, An Overview
Megan Conlon McCulloch powerpoint, Vapor Intrusion Issues in Real Estate Transactions
Christopher Roe powerpoint, Vapor Intrusion: Counseling a Responsible Party
Lenny Siegel powerpoint, The Advent of Real-Time & Near-Real-Time Sampling in Vapor Intrusion Investigations
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