40 CFR 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
- Subpart C—Standards and Practices
- Revised as of July 1, 2025
Section 312.31 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.
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
- 40 CFR 312.31
- Revised as of July 1, 2025
Section 312.31 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.
§ 312.31 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.
(a) Persons to whom this part is applicable per § 312.1(b) and environmental professionals conducting an inquiry of a property on behalf of such persons must take into account the information collected under § 312.23 through 312.30 in considering the degree of obviousness of the presence of releases or threatened releases at the subject property.
(b) Persons to whom this part is applicable per § 312.1(b) and environmental professionals conducting an inquiry of a property on behalf of such persons must take into account the information collected under § 312.23 through 312.30 in considering the ability to detect contamination by appropriate investigation. The inquiry of the environmental professional should include an opinion regarding additional appropriate investigation, if any.
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.
Source
- Environmental Protection Agency, 40 CFR part 312, in Title 40 of the Code of Federal Regulations, Parts 300 to 399, revised as of July 1, 2025, as the U.S. Government Publishing Office posts it. File read October 6, 2026.