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.