[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR312.21]

[Page 400-401]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 312_INNOCENT LANDOWNERS, STANDARDS FOR CONDUCTING ALL APPROPRIATE 
 
                    Subpart C_Standards and Practices
 
Sec.  312.21  Results of inquiry by an environmental professional.

    (a) Persons identified under Sec.  312.1(b) must undertake an 
inquiry, as defined in paragraph (b) of this section, by an 
environmental professional, or conducted under the supervision or 
responsible charge of, an environmental professional, as defined in 
Sec.  312.10. Such inquiry is hereafter referred to as ``the inquiry of 
the environmental professional.''
    (b) The inquiry of the environmental professional must include the 
requirements set forth in Sec. Sec.  312.23 (interviews with past and 
present owners * * *), 312.24 (reviews of historical sources * * *), 
312.26 (reviews of government records), 312.27 (visual inspections), 
312.30 (commonly known or reasonably ascertainable information), and 
312.31 (degree of obviousness of the presence * * * and the ability to 
detect the contamination * * *). In addition, the inquiry should take 
into account information provided to the environmental professional as a 
result of the additional inquiries conducted by persons identified in 
Sec.  312.1(b) and in accordance with the requirements of Sec.  312.22.
    (c) The results of the inquiry by an environmental professional must 
be documented in a written report that, at a minimum, includes the 
following:
    (1) An opinion as to whether the inquiry has identified conditions 
indicative of releases or threatened releases of hazardous substances 
[and in the case of inquiries conducted for persons identified in Sec.  
312.1(b)(2) conditions indicative of releases and threatened releases of 
pollutants, contaminants, petroleum and petroleum products, and 
controlled substances (as defined in 21 U.S.C. 802)] on, at, in, or to 
the subject property;

[[Page 401]]

    (2) An identification of data gaps (as defined in Sec.  312.10) in 
the information developed as part of the inquiry that affect the ability 
of the environmental professional to identify conditions indicative of 
releases or threatened releases of hazardous substances [and in the case 
of inquiries conducted for persons identified in Sec.  312.1(b)(2) 
conditions indicative of releases and threatened releases of pollutants, 
contaminants, petroleum and petroleum products, and controlled 
substances (as defined in 21 U.S.C. 802)] on, at, in, or to the subject 
property and comments regarding the significance of such data gaps on 
the environmental professional's ability to provide an opinion as to 
whether the inquiry has identified conditions indicative of releases or 
threatened releases on, at, in, or to the subject property. If there are 
data gaps such that the environmental professional cannot reach an 
opinion regarding the identification of conditions indicative of 
releases and threatened releases, such data gaps must be noted in the 
environmental professional's opinion in paragraph (c)(1) of this 
section; and
    (3) The qualifications of the environmental professional(s).
    (d) The environmental professional must place the following 
statements in the written document identified in paragraph (c) of this 
section and sign the document:

    ``[I, We] declare that, to the best of [my, our] professional 
knowledge and belief, [I, we] meet the definition of Environmental 
Professional as defined in Sec.  312.10 of this part.''
    ``[I, We] have the specific qualifications based on education, 
training, and experience to assess a property of the nature, history, 
and setting of the subject property. [I, We] have developed and 
performed the all appropriate inquiries in conformance with the 
standards and practices set forth in 40 CFR Part 312.''