Author: Jeff Carnahan

Cradle to Grave Environmental Responsibility and Long-Tail Liability

Posted on by Jeff Carnahan

“Cradle to Grave Responsibility” and “Long-Tail Liability” are terms that greatly affect anyone who purchases, handles or manages hazardous substances. Cradle to Grave Responsibility refers to the fact that any person who generates a hazardous waste material is responsible for that waste from the time it is generated until the end of time. With that being said, some hazardous substances tend to stick around for longer periods of times than others, including chlorinated solvents (solvents commonly used in dry cleaning and manufacturing operations such as PCE and TCE). Because there is no statute of limitations that relieves someone of this long-term responsibility, the management of hazardous substances is a Long-Tail Liability.

The responsible party (RP) in these situations is any individual, or business entity, who owns or operates a facility that is impacted with hazardous substances, or anyone who accepts any hazardous substances for transport to a facility if the transporter selected the facility. When the RP is no longer physically, financially or administratively present the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, which is commonly known as Superfund) applies to determine liability. CERCLA may require that the Federal or State government cleans the contamination at the site and later approaches other RPs to reimburse those costs, or RPs may have the chance to offer their own cleanup approach beforehand.

An RP has different options when a settlement demand or lawsuit is filed for contribution by the government. Ignoring the suit or demand is not recommended, since the government can be very tough on those who choose to do so. The best option for an RP is to hire a consultant to help evaluate their liability and then investigate and remediate the contamination, if necessary. If active remediation is actually needed, it is possible that an RP can use historic insurance policies as a source of funding the environmental work.

In his article from the September 2013 issue of Cleaner and Launderer entitled “Cradle to Grave Responsibility and Long-Tail Liability,” Stephen Henshaw, President and CEO of EnviroForensics, discusses these options and offers his expert advice. He also suggests ways to deal with Long-Tail Liability to help protect individuals and companies managing hazardous substances.

New Wisconsin DNR Guidance is Defining Long Term Obligations

Posted on by Jeff Carnahan

You have probably seen previous articles by EnviroForensics talking about the importance of a well-defined investigation and remediation due to the potential long term stewardship responsibilities and costs that could be incurred following cleanup activities.  Those potentials are now becoming reality, since just this month the Wisconsin Department of Natural Resources (WDNR) released two guidance documents on this topic.  The first is an internal DNR guidance document, RR-5474, Vapor Intrusion Continuing Obligations Applied in DNR Closure Approvals.  RR-5474 addresses DNR processes specific to closure approval letters.  The second is a companion document, RR-042, DNR Case Closure Continuing Obligations: Vapor Intrusion, which speaks to responsible parties and environmental consultants, and provides information for completing the necessary Case Closure-GIS Registry Form 4400-202.  These new documents describe the application and implementation of these vapor intrusion continuing obligations and are applicable at sites closed with residual contamination left in place in order to prevent exposure from the vapor intrusion pathway.

You may have been directed by the WDNR to conduct investigation and remediation for the release of tetrachloroethene (perc) or other chemicals.  Much attention in the past few years has been given to vapor intrusion and mitigation if a release of perc has been found.  Vapor mitigation (exposure control) often has been in the form of a sub-slab depressurization system, or SSDS for the short term.  These systems, while effective at temporarily stopping vapor intrusion or preventing it from happening, are often forgotten pieces of the investigation and remediation puzzle once closure is attained.  In a very formal way the WDNR has now said vapor intrusion mitigation systems can no longer be forgotten relics of the investigation past. They must be maintained and monitored into the future.

Both WDNR documents contain contaminant level considerations that WDNR staff, contaminated site owners, or consultants may use to make decisions for applying vapor intrusion continuing obligations.

How do these new guidance documents affect you?  Well, if you are approaching the point of closure, you and your consultant should reference RR-042 and the included table, “Considerations for Applying Vapor Intrusion Continuing Obligations”, to determine which continuing obligations will be required by the WDNR. They may even dictate continuing obligations prior to approving the remedial action.

By the time closure is anticipated following remediation, all vapor intrusion pathways and ongoing mitigation should be fully understood and all involved parties fully engaged (i.e. off-site property owners with SSDS installed.  However, by thoroughly evaluating and remediating to a greater extent, the need for continuing obligations for the vapor intrusion pathway may be eliminated.

Once you have completed your investigation and remediation to the extent possible and you have submitted your Form 4400-202 for case closure, the DNR will review the proposed closure and the need for continuing obligations as guided by RR-5474.  Should the DNR find a deficiency in the proposed closure continuing obligation plan, they may deny closure or make closure contingent on additional continuing obligations.  These may include operation and maintenance of vapor mitigation systems, additional monitoring, or property use restrictions until such time it can be demonstrated that the potential exposure is no longer present.

The continued operation of vapor mitigation systems or additional testing can be costly over time.  As written, the WDNR documents indicate costs associated with continuing obligations will be incurred by the individual property owner, which may represent long term liabilities for the responsible party.  Currently the DERF does not provide a mechanism to fund activities beyond closure.  In fact the guidance indicates formal changes to continuing obligations, land use changes, and removal from the GIS registry may in some cases cost several thousand dollars per off-site property.  As such, alternative funding sources may be necessary to manage these costs.

In the end, the best approach is to eliminate as many long term obligations through detailed assessment and adequate remedial actions.    When making short and long term decisions for your site, consider all scenarios prior to accepting a long term continuing obligation for your closure.  Keep in mind that DERF funds are limited and the DNR’s ability is limited in approving remedial efforts that are aggressive enough to minimize costly continuing obligations.  If you think that you may incur such post-closure costs, please don’t wait until a remedy has been approved by DERF to start seeking alternative funding.

About the Author:

robcolorthumbRob Hoverman, L.P.G.
Regional Manager, EnviroForensics Wisconsin Office
866-888-7911
rhoverman@enviroforensics.com

Mr. Hoverman is the Wisconsin Regional Manager and a registered professional geologist with more than 14 years of professional environmental services with a focus on contaminated site management.  Mr. Hoverman currently serves as senior project manager for several projects in Indiana and Wisconsin.  His diversified professional experience includes research, scoping and budgeting, project management, data analysis and interpretation for both hazardous and non-hazardous substances, including compounds such as chlorinated solvents, petroleum related constituents, as well as metals.  Mr. Hoverman has managed numerous investigation and remediation projects regulated by state programs, and his responsibilities involved every aspect of projects from proposal preparation through project closure, regulatory negotiations and stakeholder communications.  Beyond technical evaluation and interpretation duties include obtaining contract approval, job initiation, budgetary analysis, budget tracking, and subcontractor contracting and management.  Mr. Hoverman has also served as technical support for numerous vapor intrusion including soil gas, sub-slab, indoor air sampling and mitigation.  As the Regional Manager for EnviroForensics, Mr. Hoverman maintains momentum and resources for Wisconsin projects.

EnviroForensics Obtains Site Closure on Another Environmental Matter

Posted on by Jeff Carnahan

EnviroForensics was recently able to achieve regulatory closure from the State of Indiana and the Indiana Department of Environmental Management (IDEM) for a valued dry cleaner client in Jasper, Indiana. Our client has shown immense gratitude that this issue has been cleared up as quickly as it has. She is looking to sell the business and with this NFA status, she will be able to move forward and finalize the sale.  This adds to a growing list of closures which we have obtained for our clients, allowing them to move past their environmental liability and utilize their property for its highest value, unencumbered from contamination and stigma.

We take pride in assisting our clients with all facets of an environmental investigation – from the initial response of contamination being detected, to investigation of the site, all the way to remediation and subsequently, site closure. We handle this all while helping our clients utilize their past insurance policies to pay for the costs of such work. Perchloroethylene (Perc) and other chlorinated solvents are complicated in nature and makeup, and due to this are difficult to clean up. That being said, EnviroForensics has obtained more regulatory site closures of sites contaminated with dry cleaning and chlorinated solvents than any other company in the Midwest.

About the Site

Our client began their operation in 1997 after converting the property from an ice cream parlor; there was no evidence found in historical records of dry cleaning operations prior to our client. Contamination was discovered late 2012, as Perc was detected in soil and groundwater samples collected from beneath the building. Under a demand for action by the IDEM, and under their oversight, the investigation and characterization of the site began. Of some concern during our investigation was the close proximity to a river. However, following our last investigation in January 2014, we concluded that minimal chlorinated concentrations in soil and in the initial water-bearing zone are isolated to a small area beneath the site near the current dry cleaning machine.

Using multiple lines of evidence we were able to prove that the contaminants were not migrating through groundwater or preferential pathways to offsite receptors or to the river.  Based on this information, we requested that the IDEM approve Site Characterization and recommended that the site pursue an Environmental Restrictive Covenant.  The IDEM responded in May 2015 stating that no further response actions are necessary and the site is available for closure.

EnviroForensics Attends the Indiana Association of Environmental Professionals 3rd Quarter Meeting on Preserving Indiana’s Wildlife

Posted on by Jeff Carnahan

EnviroForensics attended the Indiana Association of Environmental Professionals (INAEP) 3rd Quarter Meeting at the Nature Conservancy on Wednesday, August 19, 2015. Attendees included environmental consultants, educators and environmental advocates. A representative of the Indiana Wildlife Federation spoke about preserving Indiana’s wildlife and its habitat, a topic that is important to EnviroForensics as we assist our clients by cleaning up releases of hazardous chemicals to the environment.

INAEP is a not for profit association with a membership consisting of environmental professionals in Indiana who are dedicated to the advancement of this field. The organization promotes professional development through networking activities and quarterly meetings such as this one. Quarterly meetings are typically held in February, May, August, and November. In addition to discussions regarding organization business, these meetings usually include a keynote speaker such as this quarter’s speaker from the Indiana Wildlife Federation.

The Indiana Wildlife Federation (IWF) is a non-profit organization of individuals and Indiana conservation clubs and organizations dedicated to the conservation and sustainable use of Indiana’s natural resources. An affiliate of the National Wildlife Federation, IWF promotes responsible use of these resources through educational programs such as National Wildlife Week and the Backyard Wildlife Habitat.

Conservation of our state’s natural resources is important to EnviroForensics. We want to remember wildlife and their habitats may be affected as a result of our environmental remediation work, and we want to ensure that we practice sustainable use of our renewable resources.

EnviroForensics’ Investigation Yields No Further Action Letter for Client’s Site Closure

Posted on by Jeff Carnahan

banner-1-1024x421We are happy to report that another one of our projects has resulted in a site closure with a “no further action” determination from the Indiana Department of Environmental Management (IDEM). EnviroForensics conducted an investigation for a client in Elkhart County, IN regarding TCE contamination found in the property’s groundwater. The TCE impacts were discovered during a commercial property transaction, and were subsequently reported to the IDEM under statutory obligation to do so. Our client was perplexed since they had never used TCE in any of their operations.

Subsurface investigations began in 2014, which consisted of widespread soil and groundwater testing. The results showed that although TCE was detected in the groundwater, no identifiable sources were found on the site.

The EnviroForensics team of experts was able to demonstrate several lines of evidence showing that this contamination was coming from an unknown up gradient source. In response to these findings, IDEM issued a “no further action” letter to the site in July, 2015.  Our client can now move past this incident and refocus fully on their active operations.

EnviroForensics Ensures Clean Site for Client by Isolating Work Area during Site Investigation of Former Manufacturing Facility

Posted on by Jeff Carnahan

Indoor DrillingEnviroForensics was retained nearly three years ago to assist our client, an owner of a former manufacturing facility turned furniture showroom, with cleaning up old contamination beneath the property.  Historical operations conducted by past owners resulted in a release of chlorinated solvents in soil and groundwater.  The impacts were great enough to migrate off-site to positions beneath numerous properties owned by others.  EnviroForensics has conducted multiple investigations to fully characterize the soil and groundwater contamination and discovered that the source of the contaminant plume lay deep beneath our client’s building.  Groundwater samples were collected from multiple aquifers, at depth.  Retrieving true samples from the deepest aquifer presented a challenge related to a fear of cross-contaminating a shallower groundwater bearing zone that was not impacted.  Extra care also had to be taken to ensure that samples collected were truly representative of the impacted zone, and not a diluted result of intermixing of the two zones.  EnviroForensics installed multiple double-cased monitoring wells, two of which were located inside the building.  Double-cased wells are a special type, which are installed in such a manner that allows for the precise isolation of depth zones.  This lets the environmental professional collect groundwater samples from the intended depth.  The problem is that the installation of double-cased wells can be a cumbersome and messy project when working inside a building.

In an effort to preserve the integrity of our client’s newly renovated showroom, EnviroForensics staff isolated the work area diligently and practically encased themselves and the drill rig with plastic sheeting. All contaminated soils and water produced by the hole during drilling activities were quickly retrieved and carefully contained.  It can be easy to let drilling activities get messy, but EnviroForensics takes great pride in our ability to diligently complete our investigation work while respecting our client’s concerns and their property.  Many of our clients find themselves in the position of juggling the requirement to investigate their environmental responsibilities, while still operating a successful business.  EnviroForensics makes it our priority to keep them in business, while keeping our promise to help them take care of their environmental liabilities.

About the Author:

matt-bono     Project Manager at EnviroForensics

     Matthew Bono

     866.888.7911

     mbono@enviroforensics.com

Matthew Bono has over 3 years of professional experience in environmental consulting. He has been involved in subsurface investigations and remediation activities at facilities and properties impacted with chlorinated solvents, petroleum products, and other hydrocarbons throughout the state of Indiana. Matt has assisted with data evaluation and reporting on all phases of projects from investigations through closure and has provided project management services including work scope development, budget management, and personnel management. He has provided oversight during remedial plan implementation, incorporating multiple technological approaches including pump and treat systems, soil vapor extraction (SVE), enhanced anaerobic bioremediation, thermal desorption, and soil excavation. Matt also has experience in contaminant transport and groundwater flow modeling. He has worked closely with clients and subcontractors, as well as state and federal regulators.

Hoosier Environmental Council Sends Thank You for EnviroForensics’ Assistance with Blackford County Concerned Citizens Issue

Posted on by Jeff Carnahan

This spring, EnviroForensics assisted the Blackford County Concerned Citizens (BCCC) and the Hoosier Environmental Council (HEC) in investigations involving health concerns in Blackford County, IN. The area historically contained numerous glass factories and has recently faced high cancer rates and neurologic diseases cases. Darci Thomas, Project Manager at EnviroForensics, was integral in researching and testing the factory sites.

Darci’s work revealed that soil samples from Little League baseball fields in Montpelier, IN and Southside Elementary School in Hartford City, IN—two sites that had formerly hosted glass factories—contained the same levels of arsenic and lead as typical soil in that part of Indiana, dispelling any concern in those areas. Conversely, Darci’s soil testing helped to identify areas of elevated arsenic and lead concentrations at Hartford City’s Little League baseball field (formerly American Window Glass) and at a private property that was once Johnston Glass Company. Using this knowledge, HEC was able to instruct the private property owner, Hartford City and the parents of Little League players on how to safely use the properties.

These results were much appreciated by HEC. Jesse Kharbanda, Executive Director at HEC, and Indra Frank, Environmental Health Project Director at HEC, sent a letter thanking Darci and EnviroForensics for their work on the project. The full PDF of the letter can be found here: Hoosier Environmental Council Thank You Letter

EnviroForensics is honored to have worked on this important study and to have an excellent project manager such as Darci.

EnviroForensics Assists Hoosier Environmental Council & Blackford County Concerned Citizens Group to Identify Heavy Metals in Surface Soils in Hartford City and Montpelier, IN

Posted on by Jeff Carnahan

UPDATED

The County of Blackford has experienced alarming statistics in cancer and other serious health ailments cases in recent history. For 2003-2007, Blackford County’s cancer rate was higher than any other County in Indiana, and it is still within the top percentile. In 2009, Blackford County Concerned Citizens (BCCC) formed when local residents that have grown up and/or lived in Blackford County most of their lives aimed to address the high rates of cancer and neurologic diseases cases within Blackford County. Their primary mission is “to improve the quality of life of Blackford County’s residents by reducing the incidence of diseases, primarily through citizen action, and advocating to have diseases investigated.”

In 2014, the BCCC partnered with the Hoosier Environmental Council (HEC) and other environmental specialist organizations to evaluate if there’s a link between existing contamination and the serious illnesses. That’s where EnviroForensics stepped in. Alongside EnviroForensics, Pine Environmental Services, Inc., SCS Environmental Contractors, Inc. and Envision Laboratories, Inc. generously donated their time and resources to help the BCCC and HEC with these investigations.

The HEC reports that Blackford County has a long history of industrial operations that produced hazardous waste, such as lead oxide and arsenic, which could be a contributing factor to current health concerns among its residents. In the 1900s, there were glass factories that used arsenic and lead oxide in their process. Lead oxide was used to enhance the look and make the glass easier to melt. Arsenic helped clear the glass of bubbles and discoloration. However, both lead oxide and arsenic are toxic heavy metals that are harmful to human body nervous system, especially young children. Arsenic is a known carcinogen; exposure is often associated with an increased risk of cancer of the lung, bladder, kidney and skin. Some studies have suggested that it also has an association with colon, prostate and liver cancers.

Since there were no handling or waste disposal regulations for materials containing these toxins  in the early 20th century, hazardous materials and waste often were haphazardly discarded, resulting in contaminated soil. The toxins typically concentrated near the ground surface where chances of  human exposure through direct contact is most likely.

During the HEC study, EnviroForensics assisted in evaluating historical resources to identify the precise locations of these historical industrial operations.  HEC identified numerous old glass factories and gained access for testing soils at three (3) locations for the presence of lead and arsenic. EnviroForensics devised a Sampling and Analysis Plan that included collecting up to twenty, 2-foot long soil cores per Site for analysis of lead and arsenic.  On April 17, 2015, Darci Thomas and Michele Murday of EnviroForensics spent the day at the three (3) Blackford County locations collecting soil cores, and geocoding each sample location by GPS.  The sampling was completed courtesy of SCS Environmental Contractors, Inc. using a track-mounted direct-push coring machine.  A total of 42 soil cores were collected and brought back to the EnviroForensics warehouse for preparation to be analyzed with an X-Ray Fluorescence (XRF) instrument, courtesy of Pine Environmental Services, Inc.  The following week, as a quality control measure, 16 soil samples were selected for laboratory analysis of lead and arsenic by Envision Laboratories, Inc., per U.S. EPA SW-846 Method 6010B.  All data was recorded on spreadsheets and maps were produced for each property with all corresponding sample locations.  All of the raw data was then provided to HEC for further analysis and consideration.

HEC presented preliminary findings to the BCCC at a local meeting on April 25, 2015. In June, HEC released further results in a press release, reporting that soil samples from Montpelier and Hartford City’s Southside Elementary School contained about the same levels of arsenic and lead as soil generally does in that part of Indiana. But, “A few deposits of arsenic and lead were found at Hartford City’s baseball field, high enough to exceed Indiana’s residential standard, but well within the standard for recreational fields.”

“Dr. Indra Frank, environmental health project director with the Hoosier Environmental Council, said that while levels are acceptable according to state standards, they are high enough to exercise caution when at the baseball fields. Dr. Frank recommends parents do a few simple things to limit exposure to the soil:

·       Don’t let children get the soil in their mouths
·       After spending time there, wash your hands and children’s hands
·       Wash clothes that have soil on them (like baseball uniforms)
·       Leave shoes that have been to the site at the door, don’t wear them into your home

“Dr. Frank indicated that while sports are fine at the site, the Hartford City property that has the Babe Ruth field should not be used for housing or growing food crops in the future unless the soil is remediated.  Additional soil tests are planned to better define the locations of the heavy metals.”

In an interview with EnviroForensics, Dr. Frank says residential sites near the baseball fields should also be tested, and she thanked EnviroForensics for what she called “a tremendous service to Blackford County.”

EnviroForensics is honored to have been asked to be part of such an important study, and we look forward to continued participation in support of HEC and the people of Blackford County, Indiana.

BREAKING NEWS: U.S. EPA Issues Final Vapor Intrusion Guidance

Posted on by Jeff Carnahan

VIStampFollowing years of delay, the USEPA finally issued its Final Vapor Intrusion Guidance documents late last week, approximately 13 years after its draft was released.  The draft guidance was issued in 2002, back when vapor intrusion exposure concerns were just beginning to emerge as part of the Federal Corrective Action Program.  Subsequently, vapor intrusion was identified as a major exposure concern at many environmental sites where volatile organic compounds had leaked into the soil and groundwater.  Migrating upward or laterally through soils and utility corridors, toxic vapors associated with industrial degreasers, dry cleaning solvents and gasoline have the potential for penetrating buildings, and invading the breathing air of nearby residences and workers.  Major advances in the sciences of vapor intrusion exposure toxicology and vapor fate and transport rendered the EPA’s 2002 guidance virtually useless during the past several years.  As the regulated industries across the nation, and public potentially exposed community, have awaited the Final Vapor Intrusion Guidance, many State regulatory agencies developed and adopted their own program guidance using the state of the science at the time of their publication dates.  Many other agencies opted to await the EPA’s Final Guidance.  With this recent release of the Final VI Guidance from the USEPA, the entire environmentally regulated community, the potentially exposed populations, the State regulatory agencies, and consulting scientists will be anxiously assessing its contents. Although drafts of the Final document have already been issued and public comments have been considered by the EPA, one can be certain that much effort will be spent in the coming months to realign current Vapor Intrusion assessment and mitigation practices with the new guidance.

Check back with this blog often for the latest Vapor Intrusion developments, and follow our Director of Technical Services, Jeff Carnahan on Twitter (@JeffCarnahan1) for technical VI and risk communication issues.

EnviroForensics Completes Investigation; Begins Remediation Stage of Former Evansville Dry Cleaner Project

Posted on by Jeff Carnahan

photoWe are happy to report that another one of our projects has entered the beginning stages of remediation for one of our valued clients. EnviroForensics has been conducting an environmental investigation at the former Harvey Cleaners of Evansville, Indiana since due diligence efforts at a nearby property uncovered contamination coming from the former Harvey’s operations.  The owner of the former Harvey’s Cleaners has been working alongside the Indiana Department of Environmental Management (IDEM), and EnviroForensics, to determine the breadth of the problem.

Subsurface investigation activities, initially requested by the IDEM in 2010, identified the release of hazardous materials to the subsurface at the site.  Additional site investigation activities were performed by EnviroForensics under the direction of IDEM, and the data revealed that the historic dry cleaning operations had impacted not only the soil, but also the groundwater beneath the building.  The assessment to determine the precise source and extents of the contamination was recently finalized, and a strategy to clean-up the site was put into action this month.

Soil excavation was selected as the primary remedial option to definitively and efficiently remediate the release of these chemicals to the soils, and will have a positive effect on the low level of groundwater impacts.  Demolition of the vacant building was determined to be a necessary step in order to gain access to the impacted soils beneath the building’s foundation. The demolition of the building began in earnest this week.  The remediation efforts are being funded using insurance assets of the former Harvey’s Cleaners and are being completed at no additional cost to the owner of the former business. This summer’s remedial action will ultimately lead to site being granted regulatory closure by the IDEM, which will then release the property for beneficial reuse.