AEHS Conference Presentation on Vapor Intrusion

​By popular demand, Winefield & Associates (W&A) is sharing its vapor intrusion presentation given on March 20, 2024, at the AEHS Conference in San Diego. Feel free to download the complete PDF version below. The March 20th attendees included approximately 150 consultants, regulators, and attorneys. The presentation outlines how the CalEPA Supplemental Vapor Intrusion Guidance (SVIG) is actually an underground regulation as defined in the California Administrative Procedure Act (APA). Notwithstanding the word “guidance” in its title, the SVIG is absolutely binding in practice. The presentation provides examples of the SVIG’s inflexibility as well as successful Office of Administrative Law (OAL) underground regulation appeals.

W&A hopes the presentation provides an outline for aggrieved (or potentially aggrieved) parties to initiate OAL appeals and lawsuits. A successful appeal would stop SVIG implementation in its tracks and mandate that CalEPA revise SVIG implementation and/or halt SVIG implementation and begin a regulatory review process. For those who would like to begin an OAL appeals process and need legal referrals, please contact Matt Winefield.

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AEHS SVIG as Regulation
File Size:	2331 kb
File Type:	pdf

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