40 CFR 17.26

§ 17.26 Decision on application.

United States · 40 CFR — Protection of Environment · Status: effective

Cite this

Citation: 40 CFR 17.26, § 17.26 Decision on application, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/168162
Permanent ID: ys:prov:168162@1
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Full text

The Presiding Officer shall issue a recommended decision on the application which shall include proposed written findings and conclusions on such of the following as are relevant to the decision: (a) The applicant's status as a prevailing party; (b) The applicant's qualification as a “party” under 5 U.S.C. 504(b)(1)(B); (c) Whether EPA's position as a party to the proceeding was substantially justified; (d) Whether the special circumstances make an award unjust; (e) Whether the applicant during the course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy; and (f) The amounts, if any, awarded for fees and other expenses, explaining any difference between the amount requested and the amount awarded.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.