Assessing  Vapor Intrusion   The Revised Astm Standard
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Assessing Vapor Intrusion The Revised Astm Standard

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  • 1. Assessing Vapor Intrusion – the Revised ASTM Standard Cynthia J. Bishop Gardere Wynne Sewell, LLP Dallas, Texas www.gardere.com
  • 2. Why Assess Vapor Intrusion?
    • Part of Due Diligence in Property Purchase
    • May be Required for Insurance Coverage
    • Minimize Future Claims by Tenants & Employees
  • 3. The Due Diligence Standard
    • Why do due diligence?
      • Innocent Purchaser Protection
      • Bona Fide Purchaser Protection
      • Adjacent Landowner Protection
      • Required by Lenders
    • Due Diligence Must Include “All Appropriate Inquiries”
    • (40 CFR chapter 312 )
    • ASTM E 1527-05 Satisfies AAI
  • 4. The Due Diligence Standard
    • ASTM E 1527-05
      • Phase I Environmental Site Assessment
      • Identifies the presence or likely presence of a hazardous substances or petroleum
      • No samples collected
      • “ Recognized Environmental Condition” (REC)
      • EPA approved to satisfy AAI (40 CFR 312.11)
  • 5. ASTM Vapor Intrusion Standard
    • ASTM E2600-08 (original version approved March 1, 2008)
      • “ Standard Practice” for assessing vapor intrusion in structures
      • 4-Tiered analysis that included a risk determination and mitigation discussion
      • “ Supplement” to a Phase I
      • Presumption of vapor intrusion condition if insufficient information exists about upgradient contamination
  • 6. ASTM E2600-08 Problems
      • Is this required in order to meet AAI?
        • E2600-08 not approved by EPA
      • “ Good commercial and customary practice”
      • Complicated and confusing procedure
      • Presumption of problem
      • Assesses risk of vapor within buildings
  • 7. Revised ASTM Standard
    • ASTM E2600-10 (new version approved June 1, 2010)
      • A “guide” rather than “good commercial and customary practice”
      • A tool to assist in determining a REC for vapors during a Phase I
        • Not a supplement to a Phase I
      • Vapor “ Encroachment Screening” rather than “Assessment of Vapor Intrusion ”
        • Outside versus Inside
      • No presumption if insufficient data
  • 8. Revised ASTM Standard - continued
      • 2-Tiered analysis rather than 4 Tiers
        • Tier 1 – known or suspected contaminated properties on or near the target property?
          • Simplified Tier 1 procedure
        • Tier 2 – if yes on Tier 1, does the degree of contamination create a vapor encroachment issue? i.e., Is there a REC?
          • May include sampling
        • Risk and mitigation “tiers” moved to appendix
  • 9. Benefits of Revised ASTM
    • Clarifies AAI Process
    • Eliminates Risk Assessment Element
    • Conforms to Historical Vapor Assessment Practices
    • Reduces Confusion and Cost of Vapor Screening