[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: 40CFR312.20]

[Page 397-399]
 
                   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 C_Standards and Practices
 
Sec.  312.20  All appropriate inquiries.


    (a) ``All appropriate inquiries'' pursuant to CERCLA section 
101(35)(B) must be conducted within one year prior to the date of 
acquisition of the subject property and must include:
    (1) An inquiry by an environmental professional (as defined in Sec.  
312.10), as provided in Sec.  312.21;
    (2) The collection of information pursuant to Sec.  312.22 by 
persons identified under Sec.  312.1(b); and
    (3) Searches for recorded environmental cleanup liens, as required 
in Sec.  312.25.
    (b) Notwithstanding paragraph (a) of this section, the following 
components of the all appropriate inquiries must be conducted or updated 
within 180 days of and prior to the date of acquisition of the subject 
property:
    (1) Interviews with past and present owners, operators, and 
occupants (see Sec.  312.23);
    (2) Searches for recorded environmental cleanup liens (see Sec.  
312.25);
    (3) Reviews of federal, tribal, state, and local government records 
(see Sec.  312.26);
    (4) Visual inspections of the facility and of adjoining properties 
(see Sec.  312.27); and
    (5) The declaration by the environmental professional (see Sec.  
312.21(d)).
    (c) All appropriate inquiries may include the results of and 
information contained in an inquiry previously conducted by, or on the 
behalf of, persons identified under Sec.  312.1(b) and who are 
responsible for the inquiries for the subject property, provided:
    (1) Such information was collected during the conduct of all 
appropriate inquiries in compliance with the requirements of CERCLA 
sections 101(35)(B), 101(40)(B) and 107(q)(A)(viii);
    (2) Such information was collected or updated within one year prior 
to the date of acquisition of the subject property;
    (3) Notwithstanding paragraph (b)(2) of this section, the following 
components of the inquiries were conducted or updated within 180 days of 
and prior to the date of acquisition of the subject property:
    (i) Interviews with past and present owners, operators, and 
occupants (see Sec.  312.23);
    (ii) Searches for recorded environmental cleanup liens (see Sec.  
312.25);
    (iii) Reviews of federal, tribal, state, and local government 
records (see Sec.  312.26);

[[Page 398]]

    (iv) Visual inspections of the facility and of adjoining properties 
(see Sec.  312.27); and
    (v) The declaration by the environmental professional (see Sec.  
312.21(d)).
    (4) Previously collected information is updated to include relevant 
changes in the conditions of the property and specialized knowledge, as 
outlined in Sec.  312.28, of the persons conducting the all appropriate 
inquiries for the subject property, including persons identified in 
Sec.  312.1(b) and the environmental professional, defined in Sec.  
312.10.
    (d) All appropriate inquiries can include the results of report(s) 
specified in Sec.  312.21(c), that have been prepared by or for other 
persons, provided that:
    (1) The report(s) meets the objectives and performance factors of 
this regulation, as specified in paragraphs (e) and (f) of this section; 
and
    (2) The person specified in Sec.  312.1(b) and seeking to use the 
previously collected information reviews the information and conducts 
the additional inquiries pursuant to Sec. Sec.  312.28, 312.29 and 
312.30 and the all appropriate inquiries are updated in paragraph (b)(3) 
of this section, as necessary.
    (e) Objectives. The standards and practices set forth in this part 
for All Appropriate Inquiries are intended to result in the 
identification of conditions indicative of releases and threatened 
releases of hazardous substances on, at, in, or to the subject property.
    (1) In performing the all appropriate inquiries, as defined in this 
section and provided in the standards and practices set forth this 
subpart, the persons identified under Sec.  312.1(b)(1) and the 
environmental professional, as defined in Sec.  312.10, must seek to 
identify through the conduct of the standards and practices set forth in 
this subpart, the following types of information about the subject 
property:
    (i) Current and past property uses and occupancies;
    (ii) Current and past uses of hazardous substances;
    (iii) Waste management and disposal activities that could have 
caused releases or threatened releases of hazardous substances;
    (iv) Current and past corrective actions and response activities 
undertaken to address past and on-going releases of hazardous 
substances;
    (v) Engineering controls;
    (vi) Institutional controls; and
    (vii) Properties adjoining or located nearby the subject property 
that have environmental conditions that could have resulted in 
conditions indicative of releases or threatened releases of hazardous 
substances to the subject property.
    (2) In the case of persons identified in Sec.  312.1(b)(2), the 
standards and practices for All Appropriate Inquiries set forth in this 
part are intended to result in the identification of conditions 
indicative of releases and threatened releases of hazardous substances, 
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. In performing the all appropriate inquiries, as 
defined in this section and provided in the standards and practices set 
forth in this subpart, the persons identified under Sec.  312.1(b) and 
the environmental professional, as defined in Sec.  312.10, must seek to 
identify through the conduct of the standards and practices set forth in 
this subpart, the following types of information about the subject 
property:
    (i) Current and past property uses and occupancies;
    (ii) Current and past uses of hazardous substances, pollutants, 
contaminants, petroleum and petroleum products, and controlled 
substances (as defined in 21 U.S.C. 802);
    (iii) Waste management and disposal activities;
    (iv) Current and past corrective actions and response activities 
undertaken to address past and on-going releases of hazardous substances 
pollutants, contaminants, petroleum and petroleum products, and 
controlled substances (as defined in 21 U.S.C. 802);
    (v) Engineering controls;
    (vi) Institutional controls; and
    (vii) Properties adjoining or located nearby the subject property 
that have environmental conditions that could have resulted in 
conditions indicative of releases or threatened releases of hazardous 
substances, pollutants, contaminants, petroleum and petroleum products, 
and controlled substances (as

[[Page 399]]

defined in 21 U.S.C. 802) to the subject property.
    (f) Performance factors. In performing each of the standards and 
practices set forth in this subpart and to meet the objectives stated in 
paragraph (e) of this section, the persons identified under Sec.  
312.1(b) or the environmental professional as defined in Sec.  312.10 
(as appropriate to the particular standard and practice) must seek to:
    (1) Gather the information that is required for each standard and 
practice listed in this subpart that is publicly available, obtainable 
from its source within reasonable time and cost constraints, and which 
can practicably be reviewed; and
    (2) Review and evaluate the thoroughness and reliability of the 
information gathered in complying with each standard and practice listed 
in this subpart taking into account information gathered in the course 
of complying with the other standards and practices of this subpart.
    (g) To the extent there are data gaps (as defined in Sec.  312.10) 
in the information developed as part of the inquiries in paragraph (e) 
of this section that affect the ability of persons (including the 
environmental professional) conducting the all appropriate inquiries to 
identify conditions indicative of releases or threatened releases in 
each area of inquiry under each standard and practice such persons 
should identify such data gaps, identify the sources of information 
consulted to address such data gaps, and comment upon the significance 
of such data gaps with regard to the ability to identify conditions 
indicative of releases or threatened releases of hazardous substances 
[and in the case of persons identified in Sec.  312.1(b)(2), hazardous 
substances, 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. Sampling and analysis may be conducted to 
develop information to address data gaps.
    (h) Releases and threatened releases identified as part of the all 
appropriate inquiries should be noted in the report of the inquiries. 
These standards and practices however are not intended to require the 
identification in the written report prepared pursuant to Sec.  
312.21(c) of quantities or amounts, either individually or in the 
aggregate, of hazardous substances pollutants, contaminants, petroleum 
and petroleum products, and controlled substances (as defined in 21 
U.S.C. 802) that because of said quantities and amounts, generally would 
not pose a threat to human health or the environment.