I had the pleasure of meeting in a small group with CalEPA Secretary Jared Blumenfeld on November 4, 2019 at his office in Sacramento. Our team discussed challenges and opportunities of the Vapor Intrusion Guidance on brownfields investments and affordable housing development. We thank the Secretary and his senior managers for their time and attention to this important matter. Our PowerPoint presentation is linked below. We left behind the following recommendations with the overarching theme that without CalEPA intervention, the unrealistic 0.03 Attenuation Factor will continue to have severely negative unintended consequences.
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1. Develop statewide VI guidance using the scientific peer review and public comment process (HSC 57004) after California data set is evaluated.
2. Use existing DTSC guidance while new guidance is developed.  (DTSC, 2011 AFs are 0.002 for residential, 0.001 for future residential, 0.001 for commercial, and 0.0005 for future commercial.)
3. Continue review of current CalEPA files to develop CA-specific AFs.
4. Allow use of building-specific AFs and encourage accurate VI measurement using such tools as radon testing and the J&E model.
5. Ensure re-opening of sites with existing NFA Letters will occur only in circumstances of imminent and substantial endangerment (rare)
6. Clarify that AF and VI Guidance documents are advisory only and not intended to be used as rules – alternate approaches may be acceptable on a case-by-case basis.
7. Expand programmatic efforts to spur brownfields remediation and clean-up of stalled sites in disadvantaged communities and for housing production in general.

This week, Winefield & Associates (W&A) sent a letter warning all 3,000 California mayors, city managers, and city council officials about the CalEPA Vapor Intrusion (VI) Guidance that will hinder real estate development statewide. The VI Guidance has already prompted W&A to pull back on California investments, and will stop hundreds of other Brownfields projects. Critical housing projects will also be impacted. Read the one-page warning letter below:

Brownfields investments are risky. The new, scientifically suspect vapor intrusion criteria floating around CalEPA make these investments even riskier. Winefield & Associates must deliver acceptable returns to its investors, notwithstanding our goal to bring blighted sites to productive use. Unfortunately, the use of the 0.03 Attenuation Factor by Southern California regulators has forced W&A to kill two brownfield redevelopment projects. One of the projects would have promoted jobs in South LA, while the other project would have initiated redevelopment in Gardena. As CalEPA continues to use bad science to roll out unnecessary remediation goals, they seem oblivious to real-world implications of their actions. For example, the two sites just referenced will now continue to be blighted and underutilized indefinitely. Thanks, CalEPA!

The Center for Creative Land Recycling is the nation’s premier brownfields non-profit. In its March 12, 2019 transmittal to DTSC, CCLR urged the DTSC to solicit public comment on the technical and policy considerations surrounding the proposed VI screening levels. CCLR acknowledges the devastating impact CalEPA’s proposed guidance document could have on construction and development statewide. Read CCLR’s letter to DTSC here.

Winefield & Associates has developed a document for regulators, real estate investors, and other interested parties to warn city officials about the new vapor intrusion guidance. Most cities are not currently aware of CalEPA’s activities. Cities are depending on tax revenue from new developments, and are combating an incredible homelessness challenge; CalEPA’s new Environmental Screening Levels will thwart both programs. Please feel free to use the attached template to share concerns with your mayor, city council officials, and economic development managers

December 2018 – These documents were developed for the Air & Waste Management Association Vapor Intrusion, Remediation, and Site Closure Conference of December 6, 2018 in Phoenix Arizona. The median (i.e., 50th percentile) and 95th percentile values for AFs calculated from all filtered data in this study are 0.00012 and 0.0019, respectively. We urge the reader to download and share this data with the regulated community.

The California CUPA Conference takes place Monday, February 25th through Thursday, February 28th in Anaheim. It is one of the largest West Coast conferences addressing remediation and hazardous materials issues. More than 3,000 folks will attend. VI will be one of the most talked-about subjects. Here is the conference link: https://calcupa.org/conference/index.html. I hope to see you there!