Additional Information

Quick Links

• Attorneys »
  
• Lenders »
  
• Insurance Companies »
  
• Environmental Consultants »
  
• Legacy Properties »
  
• Homeowners »
  
• Prospective Property Owners »

Attorneys

Over the past few years it has become apparent that the intrusion of petroleum and VOC vapors into occupied building is a serious and widespread problem that has been overlooked by the regulatory community. As a result, many sites contaminated by petroleum and solvents which were considered to have been adequately addressed may require further investigation and remedial work. Furthermore, because the contamination is in the vapor phase, the contamination if often found to extend well beyond the original borders of the contaminated site.

One of the major implications of the new findings is that human exposures at potentially dangerous levels may have occurred for years or decades, even after a site was believed to be remediated. These exposures may result in additional health risks including cancers and other illnesses that could have been prevented. These exposures, as well as property damage and devaluation claims, are producing a significant toxic tort liability for responsible parties.

To complicate matters, the EPA, state and local agencies lack a consistent approach on vapor intrusion risk management. Although many states have updated recent regulatory standards and “screening levels”, there are few legally enforceable standards and much uncertainty remains.

VI–Pro’s engineers, geologists, and toxicologists are up–to–date on the latest regulatory guidelines, vapor modeling, and toxicological interpretation. Our team of professionals brings the experience and qualified personnel that are necessary to provide expert opinion and analyses of vapor intrusion issues for both plaintiffs and defense counsels.

Back to top »

Lenders

As early as the 1970’s, cautious property purchasers in the United States undertook studies to evaluate the risks of ownership of commercial properties which had a high degree of risk from prior toxic chemical use or disposal. In the 1980’s, this evaluation practice was formalized and became standard practice, generally referred to as a Phase I Environmental Site Assessment, which was performed prior to completion of a commercial property transaction.

Until recently, most of the Phase I ESA’s and related assessment activities conducted in advance of a real–estate transaction were focused on the evaluation of hazardous issues that were associated with contaminant releases to soil and groundwater. Potential issues with soil vapor, or vapor intrusion were rarely addressed. As a result of new ASTM standards published last year, real estate transactions for the first time will include an assessment of vapor intrusion into the structures.  Although this evaluation is not a strict legal requirement, most, if not all, transactions will follow the ASTM standards to reduce the liability to lenders, attorneys, consultants, developers, investors, owners, and insurers.

Increasingly, regulatory agencies are re–opening sites that had been granted “No Further Action” or “Closed” classification because of sub surface vapor concerns. It has also been common for a property that was formerly determined to have no Recognized Environmental Condition (REC), to now be classified as having a potential REC due to the presence of an onsite, or nearby off–site subsurface vapor source. This is not only affecting new property transactions, but also those that are simply attempting to re–finance existing properties.

VI–Professionals assists our clients from performing comprehensive Phase I ESA’s that include an evaluation of the vapor intrusion risk, to provide cost effective remedies when a vapor intrusion concern has been identified.

Back to top »

Insurance Companies

According to the EPA, nearly 500,000 sites are affected by potential toxic vapors. Many of the sites impacted by these subsurface vapors are properties that were thought to be cleaned up or closed. These realities, combined with the lack of a uniform policy by federal, state and local authorities make it difficult for the insurance industry to predict and protect its interest with regards to contaminated or potentially contaminated properties. Among the issues facing insurance companies are: 1) an increase in “re–opener policy” claims arising from states re–opening sites with “No Further Action” to investigate vapor intrusion; 2) increased claims against “property pollution liability policies” issued to property owners; 3) more errors and omissions claims to defend Phase I consultants; and 4) more toxic tort claims.

Insurance companies are faced with potential losses of millions of dollars that they have spent on remedial action if covered properties lose their “No Further Action” or “Closed” classification. However preventing vapor intrusion is often relatively inexpensive and uncomplicated and, if performed proactively, can quickly mitigate the related human health risks. VI–Professionals has the experience necessary to assist insurance professionals, identify vapor intrusion concerns, address regulatory concerns, mitigate vapor intrusion risks, and if necessary, conduct public meetings and/or public awareness instruction.

Back to top »

Environmental Consultants

In addition to providing a complete line of consulting services related to vapor intrusion concerns, VI–Professionals is often retained by other environmental consulting firms to provide construction services for the mitigation of vapors. Our construction managers and staff are highly adept at interpretation of design drawings from rudimentary sketches to complex P&ID drawings. Many of these companies rely on our staff’s experience to “field adjust” engineer design parameters that are not realistic, not to code, inefficient, or not cost effective. Our staff has installed a variety of remedial design systems ranging from installation of soil vapor intrusion remediation systems at military bases to installation of sub–slab depressurization systems for the mitigation of vapors from single family residences.

Back to top »

Legacy Properties

Increasingly, regulatory agencies are re–opening sites that had been granted “No Further Action” or “Closed” classification because of sub surface vapor concerns. As an example, the State of New York is currently re–evaluating 421 previously closed properties to evaluate vapor intrusion concerns. At risk to the property owners is the expenditure of significant additional funds to mitigate this “new” problem, and the reality that they may lose their “No Further Action” or “Closed” classification. In addition, the vapor intrusion “footprint” is often much larger than previously identified impacted soil and groundwater, opening the possibility of contamination once only associated with the property itself becoming a much larger concern both legally and for remedial purposes. VI–Pro’s has extensive experience dealing with legal and technical issues to mitigate vapor concerns regardless of the size of complexity.

Back to top »

Homeowners

Vapor intrusion is the migration of volatile chemicals from the subsurface into overlying buildings. Soil vapor, or soil gas, is the air naturally found in the pore spaces between soil particles. Pressure and temperature differences between the subsurface and buildings cause soil vapor to enter buildings through conduits such as cracks in the sub–slab, electrical and plumbing lines, or other openings in the foundation. Heating, ventilation and/or air–conditioning systems may also create negative pressures inside a building that result in soil vapor being drawn up into the building.

Soil vapor becomes contaminated when chemicals, including petroleum products that are leaked or spilled on the ground, seep into underlying soil and groundwater. When certain chemicals, including volatile organic compounds (VOC’s), select semi–volatile organic compounds, and some inorganic chemicals, such as elemental mercury and hydrogen sulfide, are released into soil or shallow groundwater, these chemicals evaporate (volatilize), producing contaminated vapors that travel up through the soil. When these contaminated vapors enter a building, indoor air may be affected.

VI–Pros can assist homeowners evaluate the risks posed by vapor intrusion and provide cost effective remedies when a vapor intrusion concern has been identified.

Back to top »

Prospective Property Owners

Vapor intrusion is becoming a growing concern for prospective purchasers in recent years because it can cause significant indoor air quality problems and subsequent health concerns. In addition to health concerns, the prospective property owner must be aware that even sites that were once considered “closed” can be re–opened by regulators, and that a vapor intrusion concern can stigmatize and devalue property.

In March 2008, ASTM International (ASTM), the voluntary industry standards development organization, published ASTM E 2600, “Standard Practice for the Assessment of Vapor Intrusion Into Structures on Property Involved in Real Estate Transactions.” According to ASTM, the vapor intrusion assessment standard (ASTM E 2600) may be used as a voluntary supplement (i.e. a non–scope issue similar to asbestos, lead–based paint, radon, etc.) to the ASTM Phase I assessment standard for the pre–acquisition assessment of a property to determine if potential environmental issues exist.

Specifically, the ASTM vapor intrusion standard provides a four tiered approach to address the issue of vapor intrusion. The four tiers are as follows:

• Tier 1 – Initial Screening (Database Review)
• Tier 2 – Refined Screening (Review/Collection of Sample Data)
• Tier 3 – Vapor Intrusion Assessment
• Tier 4 – Vapor Intrusion Mitigation

VI–Pros can assist the prospective property owner determine the degree of evaluation necessary for vapor intrusion screening and assessment, and if necessary, mitigation. VI–Pros’ construction staff is fully qualified to install mitigation systems such as sub–slab depressurization systems in a quick and cost effective manner.

Back to top »