Heating oil tank at the subject property

The subject property has, or once had, a heating oil tank serving the building, in the basement or buried outside. Several state tank programs leave these tanks out of their registries. The standard makes no such exception. Whether a recognized environmental condition (REC) goes with the tank depends on four things: where the tank is and whether it is still in place, whether anything points to a release, its age and construction, and its condition now.

What the answer turns on

Fuel oil is among the petroleum products the standard names, and petroleum products are within its scope (E1527-21, 1.1.2, 3.2.61). Its definition of an underground storage tank has no exception for heating oil (E1527-21, 3.2.93). So the three parts of the REC definition apply as they do to any tank: a release, a likely release, or a material threat of a future one (E1527-21, 3.2.73).

Where the tank is, and whether it is still in place. The site visit identifies how the building is heated and with what fuel (E1527-21, 9.4.19), so a building that burns oil has a tank to account for. A tank standing on a basement floor can be looked at; a buried one cannot. Idaho and Ohio leave a tank on or above a basement floor out of their underground tank rules, and Pennsylvania counts one as aboveground. For a tank reported removed, establish what the removal found.
Anything that points to a release. The standard's appendixes are nonmandatory. Appendix X4 lists observations, data, documents and interviews as direct evidence of a release (E1527-21, X4.1). A condition tied to a release that generally poses no threat to health or the environment, and generally would not draw enforcement if the agency learned of it, is a de minimis condition (E1527-21, 3.2.20).
Age and construction. The report's description of a tank should include its construction, contents, capacity and age (E1527-21, 9.4.12). Appendix X4's note gives a bare steel underground tank installed decades ago with no leak detection as a possible example of a likely release, if the environmental professional believes one has occurred (E1527-21, X4.1). For a buried tank, establish when it went in and what it is made of.
Its condition now. A material threat is a threat that is obvious, that will probably end in a release, and that the professional judges would probably harm public health or the environment (E1527-21, 3.2.52). The definition's own example is an aboveground tank with damage serious enough that it may fail.

The records that bear on it

Tank registries. Registered tank records are a standard source (E1527-21, 8.2.2), but heating oil tanks are often outside them. Texas names tanks that contain heating oil among its common exemptions, Idaho does not regulate or track residential heating oil tanks, Pennsylvania keeps home heating oil tanks out of both its registration and release lists, and Ohio leaves out tanks storing heating fuel used on the premises and sends questions about residential heating oil tanks to the local fire department.
Release records. Idaho says its leaking tank rules apply to petroleum releases from unregulated tanks. Pennsylvania runs a reimbursement program for underground heating oil tank cleanups that can leave reports with the agency.
Site visit. Boiler rooms are among the interior areas observed (E1527-21, 9.2.3). Tanks, vent pipes, fill pipes and access ways are looked for and described, with odors, stains on floors, and stained soil or pavement (E1527-21, 9.4.12, 9.4.13, 9.4.20, 9.4.23).
Interviews and documents. Owners, the key site manager and occupants are asked about tanks, past and present, and for tank registrations and reports of investigation or cleanup (E1527-21, 10.2, 10.8.1). For a removed tank, ask for the contractor's paperwork and any sampling results.

What the federal rule says

For a party seeking the liability protections the rule's subject is hazardous substances; petroleum products come in only for grant-funded assessments (40 CFR 312.1(c)). The standard includes petroleum products (E1527-21, 1.1.2). On a tank that cannot be reached or seen:

Physical limitations to the visual inspection must be noted.

40 CFR 312.27(a)(1)

How it is written up

A tank identified at the subject property is described in the report, with the heating fuel (E1527-21, 9.4, 9.4.19). It 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 has occurred or is likely, the opinion gives the grounds: what was observed, the tank's age and construction, what the removal or the records showed. 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 the professional concludes the tank's condition poses a material threat of a future release, the opinion says what was observed and why. That REC is listed in the Conclusions as well (E1527-21, 3.2.52, 3.2.73, 12.7).

Where the professional concludes neither, or judges a stain a de minimis condition, the opinion gives its reasoning (E1527-21, 12.6).

Access to the boiler room or basement on the site visit may be what cannot be had. 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.