Tag Archives: Vapor intrusion

U.S. EPA Adds Vapor Intrusion to the Superfund Hazard Ranking System, But Will It Last?

U.S. EPA Administrator Gina McCarthy signed the rulemaking to add Subsurface Intrusion (i.e., vapor intrusion and contaminated groundwater intrusion) to the Superfund Hazard Ranking System on Dec. 7, 2016. EPA issued a statement that it does not intend to systematically re-evaluate previously scored sites, but there is nothing to preclude the re-scoring of such sites … Continue Reading

Indiana Adopts USEPA’s New Vapor Intrusion Attenuation Factors

The Indiana Department of Environmental Management (IDEM) has approved the use of the vapor intrusion attenuation factors set forth in the US Environmental Protection Agency’s Technical Guide for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources to Indoor Air and Addressing Petroleum Vapor Intrusion at Leaking Underground Storage Tank Sites.  The EPA … Continue Reading

RCRA Vapor Intrusion Liability for “Passive Inaction”

An environmental contamination case set for trial based on liability under the Resource Conservation and Recovery Act (“RCRA”) for “passive inaction and studied indifference” recently settled, but the court filings provide a valuable lesson to property owners to address contamination promptly and to document delays outside of their control (such as agency review and approval … Continue Reading

Dry Cleaner Liable Under CERCLA and Headed to Trial on RCRA Claims

A federal district court recently entered summary judgment against a dry cleaner on a property owner’s CERCLA claim for past response costs and declaratory judgment claim regarding future response costs, and allowed the property owner’s RCRA claims to proceed to trial in Forest Park National Bank & Trust v. Ditchfield, 2012 WL 3028342, Case No. … Continue Reading

The $24 Million Vapor Intrusion Remedy

The filing of an amended consent decree to an old Superfund site recently caught the attention of environmental lawyers around the country because it added a vapor intrusion remedy to a decades-old site.  See Joint Stipulation to Amend Consent Decree (Dkt. 74), United States v. Intel Corp. and Raytheon Co., 91-CV-20275 (N.D.Calif. Filed Dec. 21, … Continue Reading