“The Fog comes in on little cat feet,” according to Carl Sandburg, but the U.S. Environmental Protection Agency tells us that vapors come in through cracks in basements, utility lines, and the like — considerably less poetic and of greater concern. This concern may soon be heightened because EPA plans to issue a new vapor intrusion “guidance,” probably before the end of this year.
A word about “guidance.” The EPA, the Connecticut Department of Environmental Protection (DEEP) and other agencies issue “guidance” from time to time, rather than regulations. The difference in effect between the two is negligible, but the difference in procedure is substantial. This should not be the case. When an agency issues standards with which business must comply, those standards should be contained in properly promulgated regulations. Doing so takes longer that just publishing “guidance,” but the longer process incorporates the checks and balances that guarantee, so far as possible, that the regulations were reviewed by stakeholders and experts and supported by reliable science. The result of the longer process is more secure and more trustworthy.
