Impact of New Vapor Intrusion Screening Levels and Policies on Open and Closed Environmental Compliance Cases

By Lisa M. Bromberg and Thomas S. Spiesman

On January 16, 2013, the New Jersey Department of Environmental Protection ("NJDEP") released updated vapor intrusion screening levels ("VISLs") and a revised Vapor Intrusion Technical Guidance (Version 3). These changes have immediate and significant consequences - not only on all open environmental cases, but also, in some instances, on certain closed cases - and impose requirements for 90-day reviews. Vapor intrusion issues that have previously been closed could now be reopened.