(a) All appropriate inquiries must be conducted within 1 year before the date of acquisition of the real property on which the facility is located, as evidenced by the date of receipt of the documentation transferring title to, or possession of, the real property and must include:
(1) An inquiry by an environmental professional, as provided in Sec. 137.35.
(2) The collection of information under Sec. 137.40 by persons specified in Sec. 137.1(a).
(b) The following components of the all appropriate inquiries must be conducted or updated within 180 days before the date of acquisition of the real property on which the facility is located:
(1) Interviews with past and present owners, operators, and occupants. See Sec. 137.45.
(2) Searches for recorded environmental cleanup liens. See Sec. 137.55.
(3) Reviews of Federal, State, tribal, and local government records. See Sec. 137.60.
(4) Visual inspections of the facility, the real property on which the facility is located, and adjoining properties. See Sec. 137.65.
(5) The declaration by the environmental professional. See Sec. 137.35(d).
(c) All appropriate inquiries may include the results of and information contained in an inquiry previously conducted by, or on behalf of, persons specified in Sec. 137.1(a) who are responsible for the inquiries for the facility and the real property on which the facility is located if--
(1) The information was collected during the conduct of an all-appropriate-inquiries investigation under this part.
(2) The information was collected or updated within 1 year before the date of acquisition of the real property on which the facility is located.
(3) The following components of the inquiries were conducted or updated within 180 days before the date of acquisition of the real property on which the facility is located:
(i) Interviews with past and present owners, operators, and occupants. See Sec. 137.45.
(ii) Searches for recorded environmental cleanup liens. See Sec. 137.55.
(iii) Reviews of Federal, State, tribal, and local government records. See Sec. 137.60.
(iv) Visual inspections of the facility, the real property on which the facility is located, and the adjoining properties. See Sec. 137.65.
(v) The declaration by the environmental professional. See Sec. 137.35(d).
(4) Previously collected information is updated by including relevant changes in the conditions of the facility and the real property on which the facility is located and specialized knowledge, as outlined in Sec. 137.70, of the persons conducting the all appropriate inquiries for the facility and the real property on which the facility is located, including persons specified in Sec. 137.1(a) and the environmental professional.
(d) All appropriate inquiries may include the results of an environmental professional's report under Sec. 137.35(c) that have been prepared by or for other persons if--
(1) The reports meet the objectives and performance factors in Sec. 137.30(a) and (b); and
(2) The person specified in Sec. 137.1(a) reviews the information and conducts the additional inquiries under Secs. 137.70, 137.75, and 137.80 and updates the inquiries requiring an update under paragraph (b) of this section.
(e) To the extent there are data gaps that affect the ability of persons specified in Sec. 137.1(a) and environmental professionals to identify conditions indicative of the presence or likely presence of oil, the gaps must be identified in the report under Sec. 137.35(c)(2). In addition, the sources of information consulted to address data gaps should be identified and the significance of the gaps noted. Sampling and analysis may be conducted to develop information to address data gaps.
(f) Any conditions indicative of the presence or likely presence of oil identified as part of the all-appropriate-inquiries investigation should be noted in the report.