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Vapor Intrusion and Environmental Liability Learning From Past Mistakes

Vapor Intrusion and Environmental Liability Learning From Past Mistakes. EDR Insight Webinar, February 12, 2013. Presented by: Joseph Maternowski Hessian & McKasy, P.A., Minneapolis, MN. Vapor Intrusion In the News. Environmental Due Diligence.

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Vapor Intrusion and Environmental Liability Learning From Past Mistakes

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  1. Vapor Intrusion and Environmental LiabilityLearning From Past Mistakes EDR Insight Webinar, February 12, 2013 Presented by: Joseph Maternowski Hessian & McKasy, P.A., Minneapolis, MN

  2. Vapor Intrusion In the News

  3. Environmental Due Diligence • Meet CERCLA “All Appropriate Inquiries” Standard • Assess Liability/Risk For Prospective Owners, Operators or Lenders • Minimize Potential Legal Claims

  4. Standard of Care • ASTM Standard Practice - 2013 Revision • ASTM Vapor Encroachment Screening

  5. What Is Vapor Intrusion? • General Definition: “The Migration of Volatile Chemicals Into Structures”

  6. Vapor Sources • Dry Cleaners • Gas Stations • Manufacturing • Area-Wide

  7. Migratory Pathways of VOCs into Buildings Dry Cleaners From Groundwater Through Soil Into Buildings Vapor Intrusion Through Soil Soil Contamination Migration of Contamination Leaching Through Soil GROUNDWATER Groundwater Contamination

  8. Migratory Pathways of VOCs into Buildings

  9. Soil and Groundwater Contamination • Soil gas sampling results adjacent to building can underestimate risk • Sub-slab sampling required • Groundwater plume serves as separate source for vapors

  10. How Do You Know If There Is A Vapor Intrusion Problem? • Tier 1: Preliminary Vapor Screening (Historical Review, Receptor Survey, Source Area Sampling) • Tier 2: Subsurface Soil Vapor Sampling • Tier 3: Indoor Air Sampling Need to Compare Results to MPCA Intrusion Screening Values (ISVs) [Residential and Commercial/Industrial and groundwater]

  11. Vapor a Concern to Federal and State Authorities • U.S. Environmental Protection Agency (EPA) • State Environmental Agencies • Occupational Safety and Health • State or Local Health Authorities

  12. Liability Concerns for Affected Parties • Land Owners • Tenants • Lenders • Neighbors

  13. Vapor Intrusion Fixes Mitigation Alternatives Source Removal Sealing Points of Entry HVAC Modifications Sub-slab Depressurization Systems Vapor Barrier Venting Systems (Active or Passive) Possible Long-Term Monitoring, O&M, and Institutional Control Hessian & McKasy, P.A.

  14. QUESTIONS? • Joseph G. Maternowski • Hessian & McKasy, P.A. • jmaternowski@hessianmckasy.com • www.EnviroAttorney.net • (612) 746-5754 Thanks! Hessian & McKasy, P.A.

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