USEPA Vapor Intrusion Docket to Close without Public Release of Draft Guidance

December 2012Alerts Environmental Alert

On December 31, 2012, the official USEPA docket on two new vapor intrusion guidance documents will close without USEPA releasing actual drafts of the two key documents [1] for public review and input.

We here in the Environmental Practice Group at Fox Rothschild LLP believe that the language and substance of these documents will be important to our clients and others at numerous properties and for numerous environmental remediation projects where volatile chemicals remain in the environment. For this reason, on December 6, 2012, we submitted a formal request to USEPA asking that USEPA provide an opportunity for public review and comment on the drafts. We’ve reviewed ‘leaked’ drafts of the documents and we believe that public input would be invaluable.

If you, your company, or your client agree with the view that these guidance documents will matter, and are considering supporting the position that a formal public review and comment process is the correct next step, please know that the current deadline for stating that view or any other in the official record for this guidance is December 31, 2012.

It is not difficult to submit a comment, and it can be done in a matter of minutes at: , input the docket number EPA-HQ-RCRA-2002-0033 into the search box, then click on “Comment Now” to the right of the result titled Memorandum to open docket for public access.

If you have any questions, please contact Christopher M. Roe at [email protected] or any member of our Environmental Practice Group at 610-458-4987.

[1] OSWER Final Guidance for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Sources to Indoor Air and the OUST Guidance for Addressing Petroleum Vapor Intrusion at Leaking Underground Storage Tank Sites.