Roux Blog

New Tool Validated for Vapor Intrusion Litigation:
Stable Isotope Fingerprinting

The increased regulatory focus on vapor intrusion has led to the development of better tools for determining the source(s) of VOCs in indoor air. One such tool is compound specific isotope analysis (CSIA). CSIA is a well-established method for fingerprinting of pure chemicals and groundwater contamination. CSIA compares molecular structures between two samples of the same material in order to determine the likelihood that they originated from the same source. While this approach has been applied to VOCs in indoor air, there has been some hesitation to use it in a litigation context given the lack of an established methodology. However, in the last month or so, two major developments have occurred that pave the way for utilizing this methodology for litigation related to vapor intrusion source attribution.

This presentation will provide an overview of typically vapor intrusion source attribution issues, then review and discuss the lessons learned and implication from:

• The 9th Circuit court, in City of Pomona v. SQM North America Corporation, issued 5/2/14, which held that stable isotope analysis (for perchlorate in this case) meets the Daubert standard for admissibility.
  
  

• The US Department of Defense’s environmental technology demonstration and validation program, ESTCP, issued a report titled “Use of Compound-Specific Stable Isotope Analysis to Distinguish between Vapor Intrusion and Indoor Sources of VOCs”.

These developments facilitate the use of isotope analysis techniques that can be effectively and efficiently employed to reduce uncertainty and answer questions that otherwise would be extremely difficult and costly to address.

If you are interested in learning more about the above topic, contact Roux via the button below to request or schedule a technical brown bag tailored to your needs.

Technique for Identifying Source(s) of Indoor VOCs Now Positioned to Survive Daubert Challenge

Until recently, vapor intrusion was not a major concern at contaminated sites. Now there is a realization that indoor air impacts can be the most direct exposure to people from subsurface contamination. In addition, the new ASTM Phase I standard creates much greater visibility for the potential for vapor intrusion. While measuring concentrations of VOCs in indoor air is a well-established practice, determining the source of the VOCs has often been problematic:

• Is subsurface contamination actually contributing to indoor air VOCs?

• Are outdoor air concentrations of VOCs a major contributor to indoor levels?

• Are potential indoors sources of VOCs, such as dry cleaning, aerosols, paint, solvents, etc., distinguishable from vapor intrusion?

• Do VOC concentrations continue to show up inconsistently, even after remediation, but you cannot exclude the possibility of residual soil vapor as a source?

The increased focus on vapor intrusion has led to the development of better tools for determining the source(s) of VOCs in indoor air. One such tool is compound specific isotope analysis (CSIA). This is a well-established method for fingerprinting of pure chemicals and groundwater contamination. CSIA compares molecular structures between two samples of the same material in order to determine the likelihood that they originated from the same source. While this approach has been applied to VOCs in indoor air, there has been some hesitation to use it in a litigation context given the lack of an established methodology. However, in the last month or so, two major developments have occurred that pave the way for utilizing this methodology for litigation related to vapor intrusion source attribution.

1. The 9th Circuit, in City of Pomona v. SQM North America Corporation, issued 5/2/14, held that stable isotope analysis (for perchlorate in this case) meets the Daubert standard for admissibility.

2. The US Department of Defense’s environmental technology demonstration and validation program, ESTCP, issued a report titled “Use of Compound-Specific Stable Isotope Analysis to Distinguish between Vapor Intrusion and Indoor Sources of VOCs”. This report provides the documentation needed for establishing a standard methodology and method validation to meet legal standards for admissibility and withstand Daubert challenges or state-specific expert witness thresholds (such as Sargon in CA).

These developments facilitate the use of isotope analysis techniques analysis that can be effectively and efficiently employed to reduce uncertainty and answer questions that otherwise would be extremely difficult and costly to address.  If you are interested in learning more about the above topic, contact Roux via the button below to request or schedule a technical brown bag tailored to your needs.

Mitigating Vapors & Minimizing Legal Liabilities from Vapor Intrusion

GRACast Webinar - Wed., June 11 - 12:00-1:30pm Pacific Daylight Time (GMT-07:00)

Vapor intrusion (VI) evaluation, mitigation, regulatory negotiations and legal perspectives are constantly evolving.  On Wednesday, June 11 (12:00-1:30pm PDT) Ms. Karen Nardi, Arnold and Porter, LLP and Dr. Angela Liang Cutting, PhD, PE, Roux Associates, Inc. will be presenting:

Mitigating Vapors & Minimizing Legal Liabilities from Vapor Intrusion

This GRACast will focus on the legal and engineering mitigation issues involved with VI from contaminated groundwater sites.  See below for some of the discussions included in the 90-minute webinar.

Legal:

Types of liabilities that are associated with vapor intrusion into indoor air in buildings, including obligation for groundwater cleanup, mitigation of indoor air conditions, and third party toxic tort type claims.

The differing interests of potentially responsible parties (PRPs), landlords, tenants, employers and building occupants.

A case study that focuses on recent developments in the Silicon Valley where EPA Region 9 has re-opened many of the federal Superfund sites and asked for a re-evaluation of vapor intrusion issues.

Some of the interesting policy and scientific questions involved in setting health-based standards for indoor air.

Kinds of advice lawyers can provide to clients in this rapidly evolving area of law, science and policy.

Engineering:

The approach relating to VI mitigation measures for a residential development in Silicon Valley. (The client acted upon legal advice to incorporate proactive VI mitigation measures at the proposed development when it was not mandated by the regulatory agency. The lead agency is Department of Toxic Substances Control.)

How to succeed in implementing cost-effective vapor mitigation by communicating effectively across multiple disciplines regarding the VI mitigation system design and incorporating the system into the Building Plan and Schedule.

The different components of the mitigation system, including the:
Vapor Barrier;
Passive Sub-Slab Depressurization System;
Active Sub-Slab Vapor Extraction System; and
Sub-Slab Vapor Monitoring System.

The legal/regulatory setting; operation, maintenance, and monitoring of the system.

To learn more or to register for this event, please click on the logo below:

Dr. Adam Love, Principal Scientist, Roux Associates, will be presenting:

Incorporating Environmental Lines of Evidence into Nuclear and Criminal Forensics

Dr. Love is returning to the The Conference on Application of Accelerators in Research and Industry (CAARI) as an experienced testifying expert to present on the practicalities of incorporating environmental lines of evidence into nuclear and criminal forensic applications. Having been on the research side of developing and applying new analytical methods, his presentation presents how environmental forensics approaches that determine source and timing can be critical is building multiple lines of evidence in support of nuclear and criminal forensic conclusions. His presentation also discusses the importance of having new methodologies published and peer reviewed in order to be able to withstand Daubert scrutiny in Federal Courts. Also discussed is the implication of the recent 9th Circuit ruling in City of Pomona v. SQM North America Corporation and how it is encouraging of the use of additional isotopic techniques for forensic applications.

CAARI will be held at the Grand Hyatt Hotel Riverwalk in San Antonio, TX on May 25-30, 2014. Click here to learn more about the event.

Roux Associates Welcomes Dr. Tony Jones to the Los Angeles Office

San Francisco Office Gets a New Address

Roux San Francisco has relocated to Oakland.  The new address is:

555 12th Street
Suite 1725
Oakland, CA 94607

Tel #: 415.967.6000

Roux Associates is a professional services firm providing a broad range of consulting and project management services to solve complex environmental challenges associated with impacts to soil, soil vapor, and groundwater.  We have been providing these services to an impressive list of Fortune 500 and public sector clients for over 30 years.  Roux Associates has over 200 professionals and six offices that are located in California, Illinois, Massachusetts, New Jersey and New York.

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28th Annual Environmental Law Super Symposium: Saving Our Environmental Dollars and Sense

On Friday, April 4th the Los Angeles County Bar Association held their Annual Law Environmental Super Symposium at the Westin Bonaventure Hotel. This full-day program featured a keynote address by Felicia Marcus, Chair of the California State Water Board, and six one-hour panel discussions.

Jon Rohrer, Principal Hydrogeologist, Roux Associates, was a member of the panel discussion:

From the Soil to the Rooftop: Non-CEQA Environmental Issues Affecting Economic Development

The panel discussed what environmental practitioners need to know about the new issues, trends, and legal regimes facing economic development in the Post-Redevelopment era, including issues such as: the disposition of property assets held by designated successor agencies; new standards regarding toxics and site contamination; renewable energy and the new energy code; and the economic incentives and green credits associated with development.

Click here to to view event information.

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Brownfields Buzz: New Developments in Brownfields Reuse

David Dixon, Principal Geologist, Roux Associates, will be on a panel at the Bar Association of San Francisco (BASF) Environmental Law Section discussing:

Brownfields Buzz: New Developments in Brownfields Reuse

The program will discuss:

• The new ASTM standard for Pahse 1 environmental site assessments
• The GATTO Act (AB 440)
• New and existing Brownfields funding mechanisms

WHEN:
Thursday, April 17, 2014

WHERE:
BASF Conference Center - San Francisco

TIME:
12:00pm - 1:30pm

*MCLE Credits - 1.5H, Lunch will be provided.

For more information or to register, click on the link:
Roux_SF_BAR_Presentation

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Incorporating Environmental Lines of Evidence into Nuclear and Criminal Forensics

The Conference on Application of Accelerators in Research and Industry (CAARI) will be held at the Grand Hyatt Hotel Riverwalk in San Antonio, TX on May 25-30, 2014.

Dr. Adam Love, Principal Scientist, Roux Associates, will be presenting:

Incorporating Environmental Lines of Evidence into Nuclear and Criminal Forensics

Nuclear and criminal forensics is always seeking the irrefutable "smoking gun", but often times a single, direct line of evidence does not sufficiently narrow attribution. In some cases environmental features can contribute additional lines of evidence to further narrow attribution. Accelerator Mass Spectrometry has expanded the ability for environmental data to be collected from smaller samples and/or at higher spatial/temporal resolution.

This presentation will discuss application of accelerator mass spectrometry that can provide environmentally-based lines of evidence that can support source and timing attribution. Click here to learn more about CAARI 2014.

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Want More Information?

Join Roux Associates on November 7th at the LA County Bar Association Environmental Law Fall Symposium, where Mauricio Escobar, Principal Geologist, will be moderating a vapor intrusion panel titled: 

“Vexing Vapors: How Evolving Vapor Intrusion Guidance Can Impact your Practice”

The panel will discuss how recent vapor intrusion developments, as well as the new Phase 1 due diligence standard, may change the way practitioners and risk managers approach the evaluation of uncertainty and risk in both transactions and litigation. The evolving science of vapor intrusion, regulatory uncertainty, and inconsistent agency interpretations are leading to increased transactional and development costs, heightened perceived risk, and lengthened cleanup time lines. These factors may lead to risk uncertainty and a wave of litigation.  For event information click below:

If you are interested in learning more about the above topic or cannot attend the event contact Roux via the button below to request the presentation and/or to schedule a technical brown bag taliored to your needs.

Brownfields Update

On October 5, 2013, Governor Brown signed AB 440, authored by Assembly Member Mike Gatto, that will reinstate, expand and improve the important Polanco tools that were vital to many brownfield successes prior to the dissolution of redevelopment agencies.  On October 27th, the DTSC Assistant Deputy Director for the Brownfields and Environmental Restoration Programs said that DTSC is preparing for the first Gatto-Act submissions in early January 2014.  Roux Associates is helping Cities and Developers prepare for how this important law will re-start brownfields redevelopments.

If you are interested in learning more about the above topic contact Roux via the button below to request a technical brown bag tailored to your needs.

Look Who Joined Roux

Roux continues to expand its national expert witness and litigation support capability as Dr. Adam Love joins Roux in its San Francisco office as Principal Scientist. Adam has 15+ years of domestic and international experience in environmental forensics and contaminant fate and transport. Prior to joining Roux, Adam led the Environmental Forensics and Allocation practice area at Johnson Wright Inc. where he provided clients in the public and private sector with the technical information needed to make decisions with confidence. He has been asked to provide expert technical guidance for state legislative actions and federal advisory panels regarding a range of traditional and non-traditional environmental hazards. His work on private party and CERCLA/RCRA litigation related projects has involved petroleum (crude oil, diesel, and gasoline), solvents (PCE, TCE, TCA, 1,4 dioxane), pesticides, PCBs, radionuclides and heavy metals, as well as non-traditional threats. Adam holds a Bachelor’s degree in Geoscience from Franklin & Marshall College, a Master’s degree in Material Science and Mineral Engineering from UC Berkeley, and a Doctorate degree in Environmental Engineering from UC Berkeley.

Roux Associates has recently given several brownbag presentations to leading law firms and private sector clients to track important regulatory and/or market developments relating to:

• California Hexavalent Chromium Drinking Water Standard – Draft Standard Mandated by August, 2013 (August 1, SF Chronicle Article RE: Judge’s ruling on MCL);

• Never-Ceasing Developments in Vapor Intrusion Guidance and/or Application

  (April, 2013: USEPA OSWER Draft VI Guidance)

• The IRIS TCE non-cancer endpoint change may create far-reaching ramifications in the California due diligence, Brownfield and Remediation sectors (2013 DTSC/Cal-EPA Presentation on Implications of TCE RfC);

• New ASTM/AAI Phase I, Due-Diligence Guidance coming late Summer/early Fall (EDR Blog on ASTM Guidance Update);

• Next Round of UCMR for Drinking Water Wells and/or 1,4-dioxane developments (ACWA August Safe Drinking Water Agenda)

We also are closely monitoring the progress of Senate Bill 470 (Wright) in relation to potential re-institution of former Polanco powers that may kick start California Brownfields developments in the aftermath of the 2011/2012 dissolution of California redevelopment agencies.

If you are interested in learning more about any of the above topics and/or would like a technical brownbag tailored to your needs, please click below:

California Brownfields Services Update

Roux Associates has been leveraging our decades of high-profile large brownfields project experience earned in the crucible of the New York market to assist our developer, property owner, municipal, and attorney clients in California.  Through our numerous real estate Clients, we have been active participants in the increased real estate activities spurned by the slow, but gradual economic recovery in California. We are actively working on several distressed and under-utilized properties, putting them back to safe and beneficial uses by providing such services as, traditional due-diligence (Phase I/II), vapor barrier design, vapor intrusion assessments, agency negotiations; and active remediation of historical contaminants.

Roux Welcomes Darby Cutler

Darby Cutler has joined the Roux Associates Los Angeles office as the Business Development Manager. Darby’s areas of experience include marketing, management, market research, project management, and recruiting. Prior to joining Roux Associates, Darby was the product marketing and merchandising manager for a private medical office in Southern California, where she developed and executed strategic marketing programs to increase clientele and maximize sales. Darby holds a B.S. degree in Health Science from Cal State Fullerton University.

Roux Associates has been leveraging our decades of high-profile large-brownfields project experience earned in the crucible of the New York market to assist our developer, property owner, municipal, and attorney clients in California.  Through our numerous real estate clients, we have been active participants in the increased real estate activities spurned by the slow, but gradual economic recovery in California.  We are actively working on several distressed and under-utilized properties, putting them back to safe and beneficial uses by providing such services as traditional due-diligence (Phase I/II), vapor barrier design, vapor intrusion assessments, agency negotiations, and active remediation of historical contaminants. 

If you are interested in learning more about Roux Associates Brownfield Redevelopment / Due Diligence Services please click below:

Vapor intrusion (VI) has become one of the biggest concerns at Brownfield sites and a major cause for re-opening sites previously considered cleaned up. VI is much more complex than previously thought and the regulations and guidance documents for VI are constantly changing. Learn more about VI at the upcoming Brownfields 2013 Conference, Thursday, May 16 at the 4:00pm session: Vapor Intrusion Concerns at Your BF Site? – ‘Soil Gas Safe’ Development as a Selling Point

This session features experts in the VI field like, David G Dixon, P.G., Principal Hydrogeologist, at Roux Associates Inc., who is involved with VI regulations and guidance and helping developers address VI issues. Discussions will focus on identifying VI issues at Brownfield Sites and maximizing the potential for successful ‘Soil Gas Safe’ Brownfield developments.

Roux Associates, Inc. is a professional services firm providing a broad range of consulting and project management services to solve complex environmental issues associated with air, water and land. We have been providing these services to an impressive list of Fortune 500 and public sector clients nationwide for over 30 years through six offices, which are located in California, Illinois, Massachusetts, New Jersey and New York.

To request more information, click on the button below:

Brownfields 2013 Conference		Visit Us At: ICSC RECon 2013 - Booth # 616
May 15 - 17, 2013 - Atlanta, GA The National Brownfields Conference, co-sponsored by the U.S. Environmental Protection Agency (EPA) and the International City/County Management Association (ICMA), is the largest training and networking event in the nation focusing on environmental revitalization and economic redevelopment. The conference will bring together stakeholders in government, business, nonprofits, and academia who promote positive change in their community. Now in its 15th year, the event attracts over 5,000 attendees and 200 exhibitors for two and a half days of educational sessions, training workshops, volunteer activities, mobile workshops, film screenings and much more. Read more >>		May 19 - 22, 2013 - Las Vegas Convention Center, Las Vegas, NV RECon is the global convention for the shopping center industry and provides networking, deal making and educational opportunities for retail real estate professionals from around the world. With over 30,000 attendees and 1,000 exhibitors it is the largest industry convention, making it an unparalleled opportunity to do a year's worth of business in just four days! If you are looking to meet retailers to discuss new or existing leases in your centers, view the latest industry products and services that are critical to your business, attend over 30 educational sessions or find the next deal, then you need to attend RECon. Read more >>