The Department’s increasingly conservative approaches with sites with either real or perceived vapor intrusion issues will make any financing or construction of new buildings on these brownfield sites nearly impossible. If a developer can only achieve closure under the state’s brownfields law (MCP) after the proposed development has been completed, it would not be possible to obtain the financing or major tenants necessary to build that project. Unfortunately, the Department’s efforts in this area over the last two years have substantially increased the amount of uncertainty associated with these projects and therefore, the likelihood that these sites will remain contaminated.

We understand that the Department will shortly be preparing a draft of its comprehensive Indoor Air Guidance document. We hope that real consideration will be given to the negative effects that this document will have if it does not reflect a thoughtful balance of the extent of the real risks associated with the vast majority of these sites in comparison to the impact of making it nearly impossible to attract developers to redevelop these sites.