Christopher Roe was quoted in the Environment Reporter
article "Hazard Ranking Proposal Incorporating Vapor Intrusion
Seen as Possible This Year." While the full text can be found
in the August 2, 2013, issue of Environment Reporter, a
synopsis is noted below.
Roe told a BNA webinar on July 30 that the Environmental
Protection Agency (EPA) could issue, as soon as December, a
proposed rule that would include vapor intrusion into the
agency's hazard ranking system. The ranking system is used to
determine the highest priority sites for the superfund National
The EPA has said the proposed rule would not add a significant
number of sites to the NPL because it "already has a full
plate," Roe said.
"But we'll see how it plays out," he told the
webinar, held to discuss recent developments in vapor intrusion
guidance and regulation and their regulatory implications for
remediation, transactions and litigation.
Vapor intrusion is the migration of chemicals from contaminated
soil or groundwater into overlying buildings.
"The big issue that remains is whether USEPA will
reconsider its limitation of the use of [petroleum vapor intrusion]
guidance and its practical approach to petroleum contamination at
UST sites, as opposed to refineries and other locations with
significant petroleum in the subsurface," Roe told BNA in an
email after the webinar.
Recent developments in EPA's Integrated Risk Information
System will affect the vapor intrusion guidance as well, Roe
Roe also stated that the key issues to consider when evaluating
OSWER's vapor intrusion guidance include where such guidance is
needed, how much study is enough, characterizing risk,
communicating about risk and results, gaining access to a site, and
challenges to the mitigation option.
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On September 30, 2014, the United States District Court for the District of Arizona (Campbell, D.J.) issued an order in Yount v. Salazar, Nos. 11-8171 et al., 2014 WL 4904423 (D. Ariz. Sept. 30, 2014). As part of this order, the court determined that certain business plaintiffs’ alleged injuries did not fall within the "zone of interests" of the National Environmental Policy Act ("NEPA"), drawing in part on a recent Supreme Court opinion clarifying the zone-of-interests doctrine.