Dry cleaner on the subject property

A dry cleaner operates at the subject property, or once did. The use raises the question of a release and does not answer it. Whether it makes a recognized environmental condition (REC) depends on four things: whether cleaning was done on the premises and with what, how long the cleaner ran and when, whether a release is known and how it was addressed, and what the subject property shows today.

What the answer turns on

A REC is hazardous substances or petroleum products present at the subject property because of a release, likely present owing to a release or a likely one, or present where conditions make a future release a material threat (E1527-21, 3.2.73). The standard's appendixes are nonmandatory.

Whether cleaning was done there, and with what. A solvent, in the standard's definition, may itself be a hazardous substance (E1527-21, 3.2.82). Texas registers drop stations as well as dry cleaning facilities. Tennessee says a business that wet washes clothes and uses no drycleaning solvent need not register.
How long the cleaner ran, and when. For a likely release, Appendix X4's factors to consider include operations involving hazardous substances, how long they ran and in what period. Its note gives dry cleaning run for a significant period before regulatory controls as a possible example, if the environmental professional believes a release has likely occurred (E1527-21, X4.1).
Whether a release is known, and how it was addressed. A documented release raises the first part of the definition. One addressed to the regulatory authority's satisfaction raises the historical and controlled REC definitions: unrestricted use criteria met with no controls, or contamination left in place under required controls (E1527-21, 3.2.17, 3.2.39). Appendix X4 illustrates with a dry cleaner's release taken through a state voluntary cleanup program, with data meeting restricted use criteria and a restrictive covenant recorded: a controlled REC in that example, which the appendix says is not to be applied universally (E1527-21, X4.3).
What the subject property shows today. The site visit looks for the use and storage of hazardous substances, past and present, and for containers, odors, stains, and drains and sumps (E1527-21, 9.4.1, 9.4.2, 9.4.11, 9.4.13, 9.4.20, 9.4.21). Migration includes vapor in the subsurface (E1527-21, 3.2.53): see vapor in a Phase I.

The records that bear on it

Historical sources. A use shown only as retail calls for further sources if they are likely to identify the specific use; the standard's note has a retail strip that may have held past dry cleaning as a tenant operation (E1527-21, 8.3.7).
Generator records. The federal generator list is a standard source, searched for the subject property and adjoining properties (RCRA generators; E1527-21, 8.2.2, Table 2). The hazardous waste definitions set each category by what is generated in a calendar month: a very small quantity generator, no more than "100 kilograms (220 lbs) of non-acute hazardous waste"; a small quantity generator, "Greater than 100 kilograms (220 lbs) but less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste"; a large quantity generator, "Greater than or equal to 1,000 kilograms (2200 lbs) of non-acute hazardous waste" (40 CFR 260.10). Each definition has its own amounts for acute hazardous waste. The generator rule, 40 CFR part 262, puts its identification number section among the requirements of small and large quantity generators, not those of a very small quantity generator (40 CFR 262.10(a)(1)), so a cleaner in the smallest category may have no federal number.
State dry cleaner records. Dry cleaner registries are not standard sources, but a state's registry can be an additional record (E1527-21, 8.2.2, 8.2.4). Texas keeps an operating search and a historical one; its registration dates from a law effective September 1, 2003. The Florida owners report is of current owners. In Texas, Florida and Tennessee cleanup is a separate record.
Cleanup lists and the file. A known release is looked for on state hazardous waste site and voluntary cleanup lists. A listed subject property's file should be reviewed, or the report explains why not (E1527-21, 8.2.3.1).
Documents and interviews. The owner, key site manager and user are asked whether they know of hazardous waste generator notices or reports, safety data sheets and environmental permits (E1527-21, 10.8, 10.8.1). Part 262 has a small or large quantity generator keep the records that support its waste determinations for at least three years after the waste was last sent to treatment, storage or disposal (40 CFR 262.11(f)); ask for them. Past operators likely to have material information are interviewed where identified (E1527-21, 10.5.4).

What the federal rule says

Among what the inquiry must seek to identify, the inquiry rule (40 CFR part 312) lists

Current and past uses of hazardous substances;

40 CFR 312.20(e)(1)(ii)

and

Waste management and disposal activities that could have caused releases or threatened releases of hazardous substances;

40 CFR 312.20(e)(1)(iii)

The generator rule says of the category a generator record shows:

A generator's category is based on the amount of hazardous waste generated each month and may change from month to month.

40 CFR 262.13

That rule classifies nothing under the standard.

How it is written up

The report describes the cleaner with the other identified uses and explains any gaps in the history (E1527-21, 8.3.8). The use becomes a finding when the professional judges it may indicate presence or likely presence at the subject property, and the opinion reasons for or against calling it a REC (E1527-21, 12.5, 12.6).

Where the professional concludes a release occurred or is likely, the opinion gives the grounds: what was done there, for how long and when, what the records and the site visit show. Unless judged a de minimis condition or a historical REC, the REC is listed in the Conclusions, and the professional should give an opinion on additional investigation (E1527-21, 3.2.20, 3.2.39, 12.7, 12.8).

Where a known release was addressed, the Findings and Opinions give the rationale for calling it historical or controlled, resting on the documents reviewed (E1527-21, 3.2.17.1, 3.2.39.1). A controlled REC is listed in the Conclusions (E1527-21, 12.7).

Where the professional concludes otherwise, the opinion gives its reasoning on the same four facts (E1527-21, 12.6).

Historical sources may fail to show when the cleaner began or ended. Required information that good faith efforts could not obtain is a data gap, significant if it affects the ability to identify a REC: named in the Findings with the sources consulted, discussed in the Opinions and listed in the Conclusions (E1527-21, 3.2.19, 3.2.78, 12.5.1, 12.6.2, 12.7).

This page is general reference for environmental professionals. It does not classify any property. ASTM E1527-21 is the standard and is not reproduced here; the judgment of the environmental professional on the facts governs.