In this Brownfield Braintrust Podcast episode, we discuss environmental vapor sampling with two exceptional experts in the field, Will Rice of Enthalpy Analytical and Kevin Kelly of Langan Engineering. Those of you who are actively involved in brownfields assessment, remediation, and redevelopment have had to come to terms with new vapor intrusion agency guidelines and regulations that have tightened environmental screening. The reduced screening levels have prompted us to analyze more soil and soil vapor samples, so there is a greater need than ever to be efficient in the field and in the laboratory. To that end, we are going to examine one patented solution, VaporDeck™, a tool for soil vapor sampling everywhere. The VaporDeck™ provides a better solution to allow sample crews to simultaneously pull 2 or more samples from different depths, collect actual duplicates, and move from location to location faster, all while maintaining sample integrity and field documentation.

Our two esteemed guests:

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This podcast episode is a companion discussion for the W&A February 26, 2024, Vapor Intrusion blog, which you can access here: https://www.winefieldinc.com/vi-blog/calepa-swrcb-site-closure-rates-continue-to-decline-likely-due-to-vapor-intrusion-guidance

Matt Winefield discusses the Winefield & Associates GeoTracker data review of No Further Action (NFA) letter issuance rates before and after the CalEPA Vapor Intrusion Guidance (VIG) was promulgated. The data is not pretty. There no longer appears to be a path to closure for remediation projects of sites impacted with volatile organic compounds. Absent the ability to eventually achieve an NFA, brownfield investments throughout California are precarious.

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Find Matt Winefield on LinkedIn at: https://www.linkedin.com/in/mattwinefield/

In our current Brownfield Braintrust Podcast, Matt Winefield of Winefield & Associates, Inc. sheds light on Vapor Intrusion Mitigation Systems (VIMS) with the help of Justin Conaway, Vice President and General Manager of Terra-Petra Environmental Engineering. Given evolving soil vapor mitigation standards, VIMS are currently much more prevalent than just three years ago. It is unlikely one can acquire, for example, a former dry cleaner site (with PCE releases), run a vapor extraction system, and then pour your foundation. The lead agency will likely specify a VIMS that operates for the life of the new building. Justin explains the three most common VIMS technologies now utilized.

Visit Terra-Petra at: https://terra-petra.com/

Find Justin Conaway on LinkedIn at: https://www.linkedin.com/in/justinconaway/

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Find Matt Winefield on LinkedIn at: https://www.linkedin.com/in/mattwinefield/

And now for a brownfields topic that, at first, seems esoteric but will actually impact just about every facet of site cleanups in California. We get into the weeds about proposed changes to Water Code Resolution 92-49. This resolution conveys policies and procedures to the State Water Board and Regional Board officials relating to the investigation and cleanup of discharges into groundwater, surface water and even soil. The topic was much too detailed and cerebral for Matt to tackle alone, so he invited two special guests: Environmental attorney Jay Tufano, Partner at Ring, Bender, LLP and environmental engineer Jeremy Squire, Vice President at Murex Environmental, Inc.  

Ring Bender LLP can be found at: https://ringbenderlaw.com/

Murex Environmental is at: https://murexenv.com/

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So, you’ve decided to sell your contaminated property. Our tenth Brownfield Braintrust Podcast discusses a three-leg support system to ensure you’re protected from future environmental liability after the deal closes. You’ll want to consider (1) an environmental indemnification, (2) how to manage your selling entity (LLC, trust, etc.), and (3) the brownfield expertise of the buyer. What could be more riveting than a 15-minute indemnification discussion?!

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It’s Time to Sue California EPA About the Draft Vapor Intrusion Guidance Document:

Here is a brief (10-minute) Brownfield Braintrust Podcast giving property owners and lawyers ammunition to sue CalEPA. CalEPA’s overreach pertaining to soil gas cleanup standards is egregious. This agency has issued guidance in direct conflict with our state’s greenhouse gas reduction and housing goals. A claim is long overdue, and CalEPA will lose. You’re welcome.

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In this episode of the Brownfield Braintrust Podcast, our host, Matt Winefield of Winefield & Associates, Inc., talks with esteemed environmental attorney John Van Vlear of Newmeyer Dillion about California AB 304, which impacts how contaminated site regulatory management has changed dramatically. As of January 1, 2022, DTSC and the Regional Boards have enhanced control over local agencies, including requirements for a “right of first refusal” to manage projects as well as enhancing clean up certifications. During our discussion, John walks us through these important changes that effect all contaminated sites.

See John's Bio at: https://www.newmeyerdillion.com/john-van-vlear

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Many real estate investors shy away from acquiring sites with environmental challenges, because they are (justifiably) concerned about liabilities. Environmental insurance can hedge many of those risks. Winefield & Associates had the pleasure of interviewing an industry leader in environmental insurance, Bill Havard of USI Insurance Services. In this podcast Bill and Matt discuss the basics of environmental pollution legal liability (PLL) insurance, including forms of environmental protections, costs, and case studies.

If you’d like to reach out to Bill for more details, please email [email protected].

Visit Winefield & Associates, Inc. at: https://www.winefieldinc.com/

This will be the first of several Brownfield Braintrust Podcasts addressing dry cleaners, the leading source of environmental liabilities at commercial retail properties.  We provide some background on the impact of dry cleaner contamination on their surrounding environments, including statistics on contaminant migration and remediation costs.  Additionally, this episode discusses how Winefield & Associates conducts due diligence when buying facilities with dry cleaners.  We conclude by introducing how the California Department of Toxic Substances Control (DTSC) will be spearheading dry cleaner assessments statewide with support from a $500 million grant.  Information about this critical DTSC program is provided here:  https://dtsc.ca.gov/cleanup-in-vulnerable-communities-initiative-cvci/

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In which Winefield & Associates, Inc. solves the California environmental agency report backlog dilemma and dearth of No Further Action letters in 12 minutes

In this podcast, Winefield & Associates outlines how environmental agencies in other states manage to close significantly more sites per year than California environmental agencies. Other industrial states such as New Jersey use Licensed Site Remediation Programs (LSRPs) to streamline project management of tens of thousands of contaminated projects per year. If an LSRP program was enacted in our state, many more sites could be transformed to beneficial use. New Jersey has averaged about 5,000 environmental project closures per year. California closes less than 200 environmental projects per year.

Here are some astounding statistics from an LSRP program, which Winefield & Associates hopes CalEPA scrutinizes and uses as a model for a pilot study:

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