[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: 40CFR312.26]

[Page 401-402]
 
                   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.  312.26  Reviews of Federal, State, Tribal, and local government 
records.

    (a) Federal, tribal, state, and local government records or data 
bases of government records of the subject property and adjoining 
properties must be reviewed for the purposes of achieving the objectives 
and performance factors of Sec.  312.20(e) and (f).
    (b) With regard to the subject property, the review of federal, 
tribal, and state government records or data bases of such government 
records and local government records and data bases of such records 
should include:
    (1) Records of reported releases or threatened releases, including 
site investigation reports for the subject property;
    (2) Records of activities, conditions, or incidents likely to cause 
or contribute to releases or threatened releases as defined in Sec.  
312.1(c), including landfill and other disposal unit location records 
and permits, storage tank records and permits, hazardous waste handler 
and generator records and permits, federal, tribal and state government 
listings of sites identified as priority cleanup sites, and spill 
reporting records;
    (3) CERCLIS records;
    (4) Public health records;
    (5) Emergency Response Notification System records;
    (6) Registries or publicly available lists of engineering controls; 
and
    (7) Registries or publicly available lists of institutional 
controls, including environmental land use restrictions, applicable to 
the subject property.
    (c) With regard to nearby or adjoining properties, the review of 
federal, tribal, state, and local government records or databases of 
government records should include the identification of the following:
    (1) Properties for which there are government records of reported 
releases or threatened releases. Such records or databases containing 
such records and the associated distances

[[Page 402]]

from the subject property for which such information should be searched 
include the following:
    (i) Records of NPL sites or tribal- and state-equivalent sites (one 
mile);
    (ii) RCRA facilities subject to corrective action (one mile);
    (iii) Records of federally-registered, or state-permitted or 
registered, hazardous waste sites identified for investigation or 
remediation, such as sites enrolled in state and tribal voluntary 
cleanup programs and tribal- and state-listed brownfields sites (one-
half mile);
    (iv) Records of leaking underground storage tanks (one-half mile); 
and
    (2) Properties that previously were identified or regulated by a 
government entity due to environmental concerns at the property. Such 
records or databases containing such records and the associated 
distances from the subject property for which such information should be 
searched include the following:
    (i) Records of delisted NPL sites (one-half mile);
    (ii) Registries or publicly available lists of engineering controls 
(one-half mile); and
    (iii) Records of former CERCLIS sites with no further remedial 
action notices (one-half mile).
    (3) Properties for which there are records of federally-permitted, 
tribal-permitted or registered, or state-permitted or registered waste 
management activities. Such records or data bases that may contain such 
records include the following:
    (i) Records of RCRA small quantity and large quantity generators 
(adjoining properties);
    (ii) Records of federally-permitted, tribal-permitted, or state-
permitted (or registered) landfills and solid waste management 
facilities (one-half mile); and
    (iii) Records of registered storage tanks (adjoining property).
    (4) A review of additional government records with regard to sites 
identified under paragraphs (c)(1) through (c)(3) of this section may be 
necessary in the judgment of the environmental professional for the 
purpose of achieving the objectives and performance factors of Sec.  
312.20(e) and (f).
    (d) The search distance from the subject property boundary for 
reviewing government records or databases of government records listed 
in paragraph (c) of this section may be modified based upon the 
professional judgment of the environmental professional. The rationale 
for such modifications must be documented by the environmental 
professional. The environmental professional may consider one or more of 
the following factors in determining an alternate appropriate search 
distance:
    (1) The nature and extent of a release;
    (2) Geologic, hydrogeologic, or topographic conditions of the 
subject property and surrounding environment;
    (3) Land use or development densities;
    (4) The property type;
    (5) Existing or past uses of surrounding properties;
    (6) Potential migration pathways (e.g., groundwater flow direction, 
prevalent wind direction); or
    (7) Other relevant factors.