Environmental Law

Contact: Spencer Fane Britt & Browne LLP (Missouri, USA)

EPA’s November 2002 Draft Guidance For Evaluating the Vapor Intrusion to Indoor Air Pathway from Groundwater and Soils, 67 Fed. Rg. 71,169 (Draft Guidance), represented EPA’s first significant attempt to address concerns about vapor intrusion – the process whereby vapors emanating from contaminants at surface soils or groundwater can make their way into buildings.  EPA noted in its Draft Guidance that it “[was] not expect[ed] to be used for settings that are primarily occupational.”  Draft Guidance at 3.  It is agreed that “OSHA [will] generally take the lead role in assessing occupational exposures.”  Id.  This stance by EPA had also been expressed in EPA’s Environmental Indicators—Frequent Questions document.

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