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40 CFR 312.28: Specialized knowledge or experience on the part of the defendant

  • Subpart C—Standards and Practices
  • Revised as of July 1, 2025

Section 312.28 of the federal All Appropriate Inquiries rule, 40 CFR part 312, the rule a Phase I Environmental Site Assessment is performed to satisfy. The section is below as the regulation prints it.

Specialized knowledge or experience on the part of the defendant

  • 40 CFR 312.28
  • Revised as of July 1, 2025

Section 312.28 of the federal All Appropriate Inquiries rule, 40 CFR part 312, the rule a Phase I Environmental Site Assessment is performed to satisfy. The section is below as the regulation prints it.

§ 312.28 Specialized knowledge or experience on the part of the defendant.

(a) Persons to whom this part is applicable per § 312.1(b) must take into account, their specialized knowledge of the subject property, the area surrounding the subject property, the conditions of adjoining properties, and any other experience relevant to the inquiry, for the purpose of identifying conditions indicative of releases or threatened releases at the subject property, as defined in § 312.1(c).

(b) All appropriate inquiries, as outlined in § 312.20, are not complete unless the results of the inquiries take into account the relevant and applicable specialized knowledge and experience of the persons responsible for undertaking the inquiry (as described in § 312.1(b)).

For the All Appropriate Inquiries rule the regulation governs. This page copies the Code of Federal Regulations' annual edition revised as of July 1, 2025, which is kept up to date by the Federal Register; amendments published there since that date are not shown. This page is a reference copy and not legal advice. Check the current regulation before relying on it.

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