The State Water Board is planning to update Resolution 92-49 so that it includes requirements to do vapor intrusion assessments utilizing the 0.03 attenuation factor for initial screening. Res 92-49 describes State investigation and cleanup policy, so the official incorporation of a vapor intrusion assessments into this resolution, will provide the State Water Boards stronger ability to enforce parties to perform vapor assessments. From a practical standpoint, the State Water Boards are already requiring this, but codifying this in Resolution 92-49 will allow the State Water Boards to write this specific requirement into Cleanup and Abatement Orders and to threaten fines ($10,000 per day) to parties that do not agree to proceed with these assessments.
They do not plan on adoption of this revision until March 2024. You can submit public comments by May 9, 2022 at 12:00 PM via:
1. Email: commentletters@waterboards.ca.gov (include the subject line “Comment Letter – Resolution 92-49 Amendment Scoping”
2. Mail: Jeanine Townsend, Clerk to the Board State Water Resources Control Board, P.O. Box 100, Sacramento, CA 95812-2000
