Vapor Intrusion
Vapor Intrusion practice requires that we address issues on behalf of our clients that include:
- Providing advice to clients regarding the potential for vapor intrusion into residential or commercial structures
- Facilitating and coordinating vapor intrusion sampling
- Providing advice to clients regarding remediation of groundwater this is causing vapor intrusion into residential or commercial structures
- Providing advice to clients regarding mitigation of vapor intrusion into residential or commercial structures
- Defense or prosecution of civil actions related to vapor intrusion into residential or commercial structures
Vapor Intrusion matters in which the firm has or attorneys with the firm have been involved include the following:
- Prosecuted a class action on the behalf of a class of plaintiffs where more than 3,000 properties had been damaged and trespassed upon by a 5 mile long plume of contaminated groundwater that contained tetrachloroethylene. Vapor intrusion sampling of more than 3,000 homes occurred.
- Defended two toxic tort suits, one being a class action, on the behalf of a EDC/VCM/PVC manufacturer for groundwater releases of chlorinated organic compounds that allegedly brought about personal injuries to nearby residents.
- Defended a toxic tort suit on the behalf of a commercial TSD facility for alleged groundwater and air releases from hazardous waste treatment and disposal operations.
- Defended a toxic tort suit on the behalf of a Solid Waste Facility for alleged groundwater contamination that supposedly caused personal injuries and property damage to nearby residents.
Vapor intrusion is a rapidly emergent field of science and policy. In November , 2002, the EPA published a draft guidance document for Evaluating the Vapor Intrusion to Indoor Air Pathway from Groundwater and Soils (EPA Guidance) which was meant to aid in evaluating the potential for human exposures from this pathway given the state-of-the-science for the time. In 2007, the Interstate Technology Regulatory Counsel (ITRC) published a document entitled “Vapor Intrusion Pathway: A Practical Guideline”. Vapor intrusion is the movement of volatile chemicals from the subsurface into overlying buildings. Volatile chemicals in buried wastes and/or contaminated groundwater are capable of emitting vapors that can migrate through subsurface solid and into air spaces of overlying buildings.
In extreme cases, the vapors might accumulate in dwellings or occupied buildings to levels that could pose acute health effects, near-term safety hazards or aesthetic problems. However, in most cases the chemical concentrations are low, or depending on site-specific conditions, vapors may not even be present at detectable concentrations. Vapor intrusion occurs when gases or vapors from petroleum products and chemicals migrate into occupied buildings. It is potentially harmful for individuals to breathe the indoor air that contains the vapors of these chemicals inside such buildings.
It is now standard to consider vapor intrusion during investigations related to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA/Superfund); Underground Storage Tanks (UST); and the Resource Conservation and Recovery Act (RCRA).