Brownfield Braintrust Podcast Brownfield Braintrust Podcast

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.



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



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

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/
Jay Tufano is on LinkedIn at: https://www.linkedin.com/in/jaytufano/  

Murex Environmental is at: https://murexenv.com/
Jeremy Squire is on LinkedIn at: https://www.linkedin.com/in/jeremy-squire-pe-5659001/  

Visit Winefield & Associates, Inc. at: https://www.winefieldinc.com/
Find Matt Winefield on LinkedIn at: https://www.linkedin.com/in/mattwinefield/

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?!

Visit Winefield & Associates, Inc. at: https://www.winefieldinc.com/
Find Matt Winefield on LinkedIn at: https://www.linkedin.com/in/mattwinefield/

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.

Visit Winefield & Associates, Inc. at: https://www.winefieldinc.com/
Find Matt Winefield on LinkedIn at: https://www.linkedin.com/in/mattwinefield/

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
Find John on LinkedIn at: https://www.linkedin.com/in/john-van-vlear-a7871681/

Visit Winefield & Associates, Inc. at: https://www.winefieldinc.com/
Find Matt Winefield on LinkedIn at: https://www.linkedin.com/in/mattwinefield/