1. Overview Why are we here? I.e., what drives all of this interest?
Evidence Control
Commitment Control
Liability Control

2. Key Takeaways
VI is not different in kind from other exposure pathways.
Approaches taken for years on controlling liability as to other media can be effectively applied equally to VI.
Not proactively managing a VI issue, though, can change the magnitude of your problem.

3. The Start of it All It is possible for vapor intrusion to hurt people.
That raises public health questions:
When?
Where do we draw lines?
Who draws the lines? How many lines?
How do we know when a line is crossed?
Can it be fixed?
Must it be fixed?
Must I fix it?
Who gets to answer these questions?

4. And Liability Questions
Who pays?
Under what hammer?
Environmental regulatory requirements
Toxic tort
Worker exposure
Transactional demands
HRS scoring proposal
How do we soften the blow?

5. Control is an Illusion Nevertheless, control what you can.
Evidence/narrative control
Commitment control
Claims control

6. Evidentiary Control
“We’ve got groundwater contamination here. You guys need to take a look at VI.”
In an ultimate sense, liability would need to proven in court.
Doing that requires evidence.
So, you want to avoid unnecessarily creating evidence regarding VI.
Data can ease the road for, in particular, potential toxic tort claimants.

7. Channel Your Fear Resist indoor air sampling Ambiguous results
Scariest results
Iterative approach
Model first
Exterior soil gas
Subslab soil gas
Smart ambient location
If forced inside, be very aggressive with controlling background sources.
Skip to a remedial system
Attorney-client privilege

8. Commitment Issues
Controlling the extent to which your plan document commits you to study and actively address results.
Mostly about smart plan drafting.
Also about smart reporting.
Preserve the ability to find an exit ramp using “multiple lines of evidence.”

9. Should You Commit to:
Multi-phase VI sampling if exterior soil gas exceeds a screening level?
Next step in iterative approach after screening level exceedance?
Implementing a remedial system if an indoor result exceeds the indoor air screening level?
Implementing a remedial system if an indoor result exceeds the indoor air screening level after critical analysis of household sources?
Simply relying on data results as mechanically determinative of next steps?
Presenting and evaluating the data and making recommendations about what, if any, additional steps are warranted?

10. Claims Control Transactional diligence. Transaction terms.
Statutory programs
Brownfields
VRP
Bona fide prospective purchaser
(But watch for the plot to thicken.)

11. Key Takeaways
VI is not different in kind from other exposure pathways.
Approaches taken for years on controlling liability as to other media can be effectively applied equally to VI.
Not proactively managing a VI issue, though, can change the magnitude of your problem.

12. Questions
Max Zygmont