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Superfund site within the search distance

A site on the National Priorities List (NPL), the federal Superfund list, appears in the records within the search distance, off the subject property. The listing shows that the federal agency made a release a priority for long-term evaluation and response. It does not show how far the release reaches. Whether there is a recognized environmental condition (REC) at the subject property depends on four things: what the listed release is and how far the file places it, where it lies and what lies between, what the remedy leaves in place, and where the listing stands now.

What the answer turns on

The REC definition asks what is at the subject property: hazardous substances or petroleum products (E1527-21, 3.2.73). The standard's appendixes are nonmandatory. Appendix X4 says a REC cannot lie off the subject property, though an off-site release can cause one, and that a release known at another property leaves one judgment: likely presence at the subject property (E1527-21, X4.1).

  • What the listed release is, and how far the file places it. The list is of releases, and in the National Contingency Plan (40 CFR part 300) "release also means threat of release" (40 CFR 300.5). The criteria for listing say nothing of a listed release's extent (40 CFR 300.425(c)). The legal background appendix says a facility under the federal cleanup law takes in the area of contamination, and so may extend past property boundaries, as where a groundwater plume has migrated off site (E1527-21, X1.1.3). The cleanup of a site "can be divided into a number of operable units", which "may address geographical portions of a site", among other things (40 CFR 300.5); establish which unit, if any, takes in the ground nearest the subject property. Extent comes from the file. A site inspection report, where one was prepared, describes the known contaminants and their pathways of migration (40 CFR 300.420(c)(5)). The remedial investigation is the process "to determine the nature and extent of the problem presented by the release" (40 CFR 300.5). Records are often inaccurate (E1527-21, 8.1.3), so confirm where the contamination lies, not only where the listing is mapped.
  • Where it lies, and what lies between. Appendix X4's factors for likely presence start with where the source lies and the topography, geology and hydrogeology, its example being up-gradient in sandy soils with shallow groundwater (E1527-21, X4.1). In the body of the standard, where the site visit points to a likely release at a nearby property that may migrate, the setting is evaluated for whether a REC at the subject property likely results (E1527-21, 9.4.6). Migration includes vapor in the subsurface (E1527-21, 3.2.53).
  • What the remedy leaves in place. Where a selected remedial action leaves hazardous substances, pollutants or contaminants at the site "above levels that allow for unlimited use and unrestricted exposure", the lead agency reviews it at least every five years, and the record of decision says whether that review will be required (40 CFR 300.430(f)(4)(ii), (f)(5)(iii)(C)). Establish from the decision record and the five-year reviews which media are affected, what was left, and what controls apply and where.
  • Where the listing stands. The agency updates the list at least once a year and may delete a release where no further response is appropriate (40 CFR 300.425(d)(4), (e)). A deleted release stays eligible for further Fund-financed remedial action should future conditions warrant it, and a significant release from a deleted site restores it to the list (40 CFR 300.425(e)(3)). The standard searches currently listed sites and delisted sites as separate record types, at different distances (E1527-21, 8.2.2, Table 2). See NPL and delisted NPL.

The records that bear on it

  • The listing. The NPL is a standard source with a required minimum search of 1.0 mile from the subject property's nearest boundary (search distances; E1527-21, 8.1.2, 8.2.2, Table 2). Each listed site within the search distance gets the professional's judgment on its significance; one statement may cover several sites (E1527-21, 8.1.10).
  • The agency file. The file review step is written for the subject property and adjoining properties; for a site that does not adjoin, the significance judgment may draw on additional information from the government source (E1527-21, 8.1.10, 8.2.3.1). In the file, look for the site inspection report, the remedial investigation, the record of decision and the five-year reviews.
  • Controls. Registries of institutional and engineering controls are searched for the subject property (federal, state; E1527-21, 8.2.2, Table 2).
  • 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. Monitoring wells on the subject property are looked for (E1527-21, 9.4.27). The owner, key site manager and user are asked for reports on groundwater conditions there or nearby, and for agency notices of violations (E1527-21, 10.8.1).

What the federal rule says

Among the records of nearby properties the review should search:

Records of NPL sites or tribal- and state-equivalent sites (one mile);

40 CFR 312.26(c)(1)(i), edition revised as of July 1, 2025

The rule lets the environmental professional modify a search distance, with the rationale documented (40 CFR 312.26(d)). The standard does not allow the NPL distance to be reduced (E1527-21, 8.2.2). The rule provides that the standard's procedures may be used to comply with 40 CFR 312.23 through 312.31 (40 CFR 312.11(a)).

How it is written up

The listing 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 hazardous substances from the listed release are present or likely present at the subject property, the opinion gives the grounds: what was released, the extent the file shows, position and setting, what the remedy leaves in place. 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, if any (E1527-21, 3.2.20, 3.2.39, 12.7, 12.8).

Where the professional concludes otherwise, the significance judgment says so, and an opinion on a finding gives its reasoning on the same four facts (E1527-21, 8.1.10, 12.6).

Observation of part of the subject property on the site visit, or an interview with a state or local agency official, 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).

Related

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.

Maintained by Barrow. General reference only, not legal or professional advice. Barrow is not affiliated with or endorsed by any government agency. See how Barrow drafts the report