[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR312.1]

[Page 395-396]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 312_INNOCENT LANDOWNERS, STANDARDS FOR CONDUCTING ALL APPROPRIATE 
INQUIRIES--Table of Contents
 
                         Subpart A_Introduction
 
Sec.  312.1  Purpose, applicability, scope and disclosure obligations.




                         Subpart A_Introduction

Sec.
312.1 Purpose, applicability, scope, and disclosure obligations.

                  Subpart B_Definitions and References

312.10 Definitions.
312.11 References.

                    Subpart C_Standards and Practices

312.20 All appropriate inquiries.
312.21 Results of inquiry by an environmental professional.
312.22 Additional inquiries.
312.23 Interviews with past and present owners, operators, and 
          occupants.
312.24 Reviews of historical sources of information.
312.25 Searches for recorded environmental cleanup liens.
312.26 Reviews of federal, state, tribal and local government records.
312.27 Visual inspections of the facility and of adjoining properties.
312.28 Specialized knowledge or experience on the part of the defendant.
312.29 The relationship of the purchase price to the value of the 
          property, if the property was not contaminated.
312.30 Commonly known or reasonably ascertainable information about the 
          property.
312.31 The degree of obviousness of the presence or likely presence of 
          contamination at the property, and the ability to detect the 
          contamination by appropriate investigation.

    Authority: Section 101(35)(B) of CERCLA, as amended, 42 U.S.C. 
9601(35)(B).

    Source: 70 FR 66107, Nov. 1, 2005, unless otherwise noted.



    (a) Purpose. The purpose of this section is to provide standards and 
practices for ``all appropriate inquiries'' for the purposes of CERCLA 
sections 101(35)(B)(i)(I) and 101(35)(B)(ii) and (iii).
    (b) Applicability. The requirements of this part are applicable to:
    (1) Persons seeking to establish:
    (i) The innocent landowner defense pursuant to CERCLA sections 
101(35) and 107(b)(3);
    (ii) The bona fide prospective purchaser liability protection 
pursuant to CERCLA sections 101(40) and 107(r);
    (iii) The contiguous property owner liability protection pursuant to 
CERCLA section 107(q); and
    (2) persons conducting site characterization and assessments with 
the use of a grant awarded under CERCLA section 104(k)(2)(B).
    (c) Scope. (1) Persons seeking to establish one of the liability 
protections under paragraph (b)(1) of this section must conduct 
investigations as required in this part, including an inquiry by an 
environmental professional, as required under Sec.  312.21, and the 
additional inquiries defined in Sec.  312.22, to identify conditions 
indicative of releases or threatened releases, as defined in CERCLA 
section 101(22), of hazardous substances, as defined in CERCLA section 
101(14).
    (2) Persons identified in paragraph (b)(2) of this section must 
conduct investigations required in this part, including an inquiry by an 
environmental professional, as required under Sec.  312.21, and the 
additional inquiries defined in Sec.  312.22, to identify conditions 
indicative of releases and threatened releases of hazardous substances, 
as defined in CERCLA section 101(22), and as applicable per the terms 
and conditions of the grant or cooperative agreement, releases and 
threatened releases of:
    (i) Pollutants and contaminants, as defined in CERCLA section 
101(33);
    (ii) Petroleum or petroleum products excluded from the definition of 
``hazardous substance'' as defined in CERCLA section 101(14); and

[[Page 396]]

    (iii) Controlled substances, as defined in 21 U.S.C. 802.
    (d) Disclosure obligations. None of the requirements of this part 
limits or expands disclosure obligations under any federal, state, 
tribal, or local law, including the requirements under CERCLA sections 
101(40)(c) and 107(q)(1)(A)(vii) requiring persons, including 
environmental professionals, to provide all legally required notices 
with respect to the discovery of releases of hazardous substances. It is 
the obligation of each person, including environmental professionals, 
conducting the inquiry to determine his or her respective disclosure 
obligations under federal, state, tribal, and local law and to comply 
with such disclosure requirements.