Articles Posted in Vapor Contamination

Thumbnail image for Thumbnail image for Thumbnail image for house-vapor-hh-001.gifIf you have recently been told, probably by the EPA or a state agency, that there is a possibility of vapor contamination in your neighborhood, what does that mean and what should you do now?

First of all, what is vapor intrusion?

Vapor intrusion can happen when the groundwater in your neighborhood is contaminated with a chemical or chemicals known as volatile organic compounds like TCE, PCE, vinyl chloride, benzene or toluene. These chemicals can turn into a gas and come back up through the soil and get inside homes, contaminating the air that people are breathing. That can be a serious threat to your health and is called vapor contamination.

Thumbnail image for Thumbnail image for house-vapor-hh-001.gifThe threat that chemicals contaminating groundwater are turning into a gas (‘vaporizing”) and drifting upward to intrude into the breathing space of overlying homes exists in many neighborhoods throughout the country. And this threat will remain with us for decades, as we continue to try to deal with nearly a century of the environmental recklessness of companies that spilled, poured, buried and dumped toxic chemicals because it was cheaper to get rid of them that way.

That is why the residents of these neighborhoods are being approached by polluters and government officials who want the homeowners’ permission to come onto their property, and test to see if vapor contamination is present.

If you are approached for this permission, here’s what you should know/do:

Thumbnail image for Thumbnail image for vaporintrusion.jpgHow long after the discovery of chemical contamination in groundwater should government be checking to see if those chemicals have turned into a gas (“vapor”), and migrated upward to intrude into the breathing space of homes?

They shouldn’t wait a quarter century, that’s for sure.

News just broke out of Bellaire, Ohio that the EPA will soon be testing to see if perchloroethylene (PCE), known to be in area groundwater since the 1990’s, is intruding in vapor form into overlying homes and businesses. PCE belongs to a family of chemicals known as VOC’s– “volatile organic compounds”–precisely because they convert to gas so readily. PCE, TCE (trichloroethylene), DCE (dichloroethylene) and VC (vinyl chloride) are among the VOC’s which were used by factories beginning more than 100 years ago as industrial cleaners (“degreasers”), and then often recklessly dumped, spilled or buried, and left to bleed down through the soil and into groundwater supplies. PCE was notoriously used and dumped by dry cleaners, which seems to have been the problem in Bellaire.

Do you live near a factory, a landfill, a farming operation or a gas station? If you do, you should be aware of the possibility of “vapor intrusion”.

Vapor intrusion is a process in which chemical contamination– which the factory, landfill, etc., caused by disposing of volatile organic compounds (VOCs) in the area soil or groundwater– converts into a gas (called “vapor”) form, which then migrates.

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This migrating vapor searches for homes and other structures to enter, and can do so through even the tiniest cracks in basement floors and foundation walls. If it does, then the air that the people inside are breathing may be contaminated.

Will President Trump and the man he appointed to head the EPA, Scott Pruitt, rig our system for determining which sites are the most environmentally dangerous in the country by ignoring the threat of vapor intrusion that these sites pose to human beings living near them?

Sadly, there are many thousands of industrial sites around the US that are badly contaminated. These are sites where, years ago, companies dumped, spilled or buried toxic chemicals. The key question for each of these sites is: does it threaten human health? Can its dangerous chemicals travel in water or air to where people live and work?

For years, the US has evaluated these contaminated sites to determine which pose the greatest threat to Americans, and therefore which deserved the greatest attention and resources for getting cleaned up. The most contaminated sites appear on the “Superfund National Priorities List.” They are often referred to as “Superfund” sites.

Around the country, communities are beginning to understand that sites contaminated with toxic industrial chemicals pose another danger to surrounding neighborhoods: vapor intrusion. Families who had contaminated groundwater in their neighborhood–and believed that the problem was taken care of after being connected to clean water–are now being told that the air in their homes might be contaminated by vapor coming from the contaminated groundwater.

It can be a real problem for families living close to Superfund or contaminated sites that were never completely remediated. Many times the original contamination was never cleaned up–especially if it was not considered a serious problem either because neighbors had a different source of water to begin with or had been switched to a safe water supply–and the chemicals were allowed to keep contaminating the groundwater. Those chemicals in the groundwater may now be turning into gases and threatening homes with vapor.

There are several ways that toxic vapor can intrude into the air inside homes and threaten the families who live there. But how does that happen? Here are nine elements that are present in typical vapor intrusion scenarios:

Updated:

vaporintrusion.jpgBeware of anyone who knows that people may be drinking or breathing dangerous chemicals, and yet doesn’t want to test to learn for certain if the chemicals are actually there. That kind of self-induced ignorance can cost people their health, even their lives.

In my 17+ years as an environmental lawyer, I’ve met many families who have fallen victim to the recklessness of polluters and even some in government, whose cynical creed is: “If you don’t look for contamination, you won’t find it”. They fight against ever having to test for chemical contamination–in water, air, soil. That way, they can use ignorance as an excuse to continue to deny that there is any problem at all, and thereby avoid ever having to pay to clean it up. That is their real goal. You can tell who they are because they often say things like this: “We are aware of no evidence that there are toxic chemicals in these families’ homes.”

Well, of course, you’re not aware of any “evidence”. How could you be? You haven’t bothered to look for it.

For the last 17 years, I and a team of lawyers have been representing families threatened by TCE contamination in their water supply, in the groundwater underneath their homes, and in the air inside their homes (called “vapor intrusion”). Recent reports in the media unfortunately describe how TCE, disposed of years ago in Nonantum, Massachusetts has seeped into the groundwater about 60 feet below the surface, and, after turning into gas (‘vapor”), has risen back up through the soil and intruded into the breathing space of area homes.

Having known many hundreds of families over the years who were horrified to receive such news about TCE contamination in their homes and communities, my heart goes out to the families of Nonantum. I know many of them are scared- “What can this chemical do to me and my family?” they will ask. They have important questions that deserve answers such as: “How long has this contamination been in my neighborhood, and in my home, and who is responsible?” And they might well be angry- “Why didn’t someone in government protect us from this, or at least warn us that this could happen?”

With exactly these anxieties in mind, I want to provide some information to the people of Nonantum who are dealing with this, so they might understand what is going on, and how better to protect themselves. Here are some important things I have learned over the years:

The Pollution Lawyers were recently recognized in two articles published by the Chicago Daily Law Bulletin for our work in pollution cases.  One article discusses the joining of our two firms to create The Pollution Lawyers name, our history, including our obtaining many millions of dollars for our clients since 2000, as well as remedies that were established ensuring a future free of pollution for our clients. To read the article, click here.  Two of our clients were interviewed for and quoted in the article.  Mary Bowles said, “I think they are marvelous… I just can’t say enough or praise them highly enough.”  The article is welcome recognition for our work.  The Chicago Daily Law Bulletin also wrote about nine of our cases.  The cases serve to demonstrate The Pollution Lawyers’ success with pollution cases since 2000.  The cases were brought on behalf of families in the Chicago suburbs, areas in southern Illinois and in Indiana and Ohio.  The article chronicling our work can be found here.

Updated:

In the wake of the hysteria generated by Wisconsin Governor Scott Walker’s crusade against collective bargaining for public sector workers like teachers and firefighters, a new tea party inspired problem has surfaced in Wisconsin.  This problem concerns the environment. Walker’s controversial appointment of Cathy Stepp as Department of Natural Resources (DNR) Secretary has led to a change in the way the DNR is looking to do business.  Apart from the extremely limited experience Stepp brings with her to the job (she and her husband operated their own home construction business and she only served three years on the Wisconsin Natural Resources Board ending in 2001) she has created a leadership team with questionable backgrounds.  Her deputy secretary was previously the executive director of the Metropolitan Builders Association of Greater Milwaukee and her executive assistant served 16 years as a Republican in the state assembly.   More critically, Stepp’s emphasis is on a more streamlined agency, one that will lead to permits that are both greater in number and more lenient. As reported in the June 10 issue of the Isthmus, Rep. Brett Hulsey, a democrat from Madison, said, “The fundamental problem here is that you have the fox in charge of the chicken coop.”  He went on to express a concern held by many, “The Walker campaign received hundreds of thousands of dollars from polluters.  Cathy Stepp is the payback for those contributions.” The DNR is in place to oversee the protection of Wisconsin’s environment and it is meant to serve the citizens of the state.  Instead of serving the citizens of Wisconsin, Cathy Stepp is looking out for DNR’s “customers”–the very polluters she should be watching.  Her effort to postpone the implementation of new phosphorous pollution limits, the result of five years of discussion within the Joint Finance Committee, is an example of her mindset.  The rules on phosphorous limits are designed to set water quality standards for waterways, municipalities and industries.  The runoff of phosphorous from fertilizers and industries has led to large algae blooms in lakes and rivers throughout Wisconsin.  Stepp’s defense of her desire to postpone the rules that could largely cut down on the phosphorous problem is that it would lead to major problems with the businesses and municipalities which would incur the cost associated with implementing regulatory technology.  But, what is the cost to the environment and to the people of Wisconsin?  The choice of Stepp as the new DNR Secretary may have created a serious problem for the state of Wisconsin.  The mindset that she brings to the job, one which is driven by the pocketbooks of polluters and may not consider costs to the environment and the people, may hurt the environment that Wisconsin citizens hold dear.  In my first post in this blog, I wrote about a vapor intrusion problem affecting people living near the Madison-Kipp plant in Madison.  Walker’s choice of Stepp causes us to ask the question: can we trust the DNR with our health and the environment when it comes to issues like these?

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