Operating gasoline station next door with no reported release

An operating gasoline station adjoins the subject property. Its tanks are registered and no release has been reported. Whether that makes a recognized environmental condition (REC) depends on four things: whether the record really shows no release, how long the station has run and with what tanks, how the station sits against the subject property, and the setting between them.

What the answer turns on

The REC definition asks about hazardous substances or petroleum products at the subject property (E1527-21, 3.2.73). The standard's appendixes are nonmandatory. Appendix X4 says a release that is only likely at another property calls for two judgments together: a likely release at that property and likely presence at the subject property (E1527-21, X4.1).

Whether the record shows no release. No reported release is the absence of a record, and the standard cautions that records are often wrong or incomplete (E1527-21, 8.1.3). A registration is evidence of tanks, not of a release (registered storage tanks). Because the adjoining station is on a standard list, its file should be reviewed, or the report explains why not (E1527-21, 8.2.3.1). A station across a street or other public thoroughfare still adjoins (E1527-21, 3.2.4).
How long the station has run, and with what tanks. Uses of adjoining properties are identified so the environmental professional can weigh what releases they could have led to (E1527-21, 8.3.1, 8.3.9). For a likely release Appendix X4 points to operations involving petroleum products, their duration and their period. Its note on on-site operations gives two possible examples, if the professional believes a release likely: petroleum storage and dispensing run for a significant period before regulatory controls, and a bare steel underground tank installed decades ago with no leak detection (E1527-21, X4.1). Establish when the station opened, whether earlier tanks were replaced, and how the present tanks are built and monitored.
How the station sits against the subject property. Appendix X4 points to the location of the source relative to the subject property (E1527-21, X4.1). Note where the tanks and their fill pipes stand relative to the shared boundary when observing the station (E1527-21, 9.2.5). In Appendix X4's illustration of a former station next door, the tanks stood very near the shared line; the illustration is not a rule (E1527-21, X4.3).
The setting between them. Appendix X4 points to topography, geology and hydrogeology; its example is a source up-gradient in sandy soils over shallow groundwater (E1527-21, X4.1). When the site visit points to a likely release on a nearby property that could reach the subject property, the geology, groundwater, topography and other environmental information are to be evaluated for whether a REC at the subject property likely results (E1527-21, 9.4.6). Migration includes vapor in the subsurface, though nothing in the practice requires applying the separate vapor guide (E1527-21, 3.2.53, 3.2.53.1).

The records that bear on it

The registration. Registered tank records are a standard source; the required search covers the subject property and adjoining properties (E1527-21, 8.2.2, Table 2). Read the station's record for installation dates, construction, contents and status, and for earlier tanks removed or closed in place. State records: Texas, Florida, Idaho, Oklahoma, Pennsylvania, Ohio.
Release records. Releases are a separate record, the leaking tank list. Each listed site within the search distance gets the professional's judgment on its significance (E1527-21, 8.1.10).
Historical sources. The historical sources researched for the subject property are read for the adjoining property too, with the earliest date of each use (E1527-21, 8.3.9).
Physical setting. Groundwater, geology and soil maps are sought when migration to the subject property is likely and local practice is to obtain them (E1527-21, 8.2.1).
Site visit and interviews. Adjoining properties are observed from the subject property and public thoroughfares (E1527-21, 9.2.5). On the subject property, look along the shared boundary for odors, stained soil or pavement, stressed vegetation and monitoring wells (E1527-21, 9.4.13, 9.4.23, 9.4.24, 9.4.27). Owners and occupants are asked about adjoining uses (E1527-21, 10.2).

What the federal rule says

The rule lists registered tanks apart from its records of reported releases:

Records of registered storage tanks (adjoining property).

40 CFR 312.26(c)(3)(iii)

And the inspection must include:

A visual inspection of adjoining properties, from the subject property line, public rights-of-way, or other vantage point (e.g., aerial photography)

40 CFR 312.27(a)(2)

How it is written up

The station goes in the report as an adjoining use (E1527-21, 8.3.9). 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 that a release at the station is likely and that its petroleum products are likely present at the subject property, the opinion gives the grounds for each judgment: the station's years and tanks for the first, position and setting for the second. 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 otherwise, the opinion gives its reasoning on the same four facts (E1527-21, 12.6).

Any view of the adjoining station, or an interview with the key site manager, 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.