40 CFR § 312.28 - Specialized knowledge or experience on the part of the defendant.
---
identifier: "/us/cfr/t40/s312.28"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 312.28 - Specialized knowledge or experience on the part of the defendant."
title_number: 40
title_name: "Protection of Environment"
section_number: "312.28"
section_name: "Specialized knowledge or experience on the part of the defendant."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "J"
subchapter_name: "SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS"
part_number: "312"
part_name: "INNOCENT LANDOWNERS, STANDARDS FOR CONDUCTING ALL APPROPRIATE INQUIRIES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Section 101(35)(B) of CERCLA, as amended, 42 U.S.C. 9601(35)(B)."
regulatory_source: "70 FR 66107, Nov. 1, 2005, unless otherwise noted."
cfr_part: "312"
---
# 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)).