---
kind: "section"
citation: "40 C.F.R. § 17.7"
title: "40"
number: "17.7"
heading: "Allowable fees and other expenses."
url: "https://uscodex.org/cfr/40/17.7"
---

# §17.7. Allowable fees and other expenses.

- (a) **The following fees and other expenses are allowable under the Act—**
  - (1) Reasonable expenses of expert witnesses;
  - (2) The reasonable cost of any study, analysis, engineering report, test, or project which EPA finds necessary for the preparation of the party's case;
  - (3) Reasonable attorney or agent fees;
- (b) The amount of fees awarded will be based upon the prevailing market rates for the kind and quality of services furnished, except that:
  - (1) Compensation for an expert witness will not exceed $24.09 per hour; and
  - (2) Attorney or agent fees will not be in excess of $75 per hour.
- (c) In determining the reasonableness of the fee sought, the Presiding Officer shall consider the following:
  - (1) The prevailing rate for similar services in the community in which the attorney, agent, or witness ordinarily performs services;
  - (2) The time actually spent in the representation of the applicant;
  - (3) The difficulty or complexity of the issues raised by the application;
  - (4) Any necessary and reasonable expenses incurred;
  - (5) Such other factors as may bear on the value of the services performed.

## Notes

### Authority

Authority: Section 504, Title 5 U.S.C., as amended by sec. 203(a)(1), Equal Access to Justice Act (Title 2 of Pub. L. 96-481, 94 Stat. 2323).

### Source

Source: 48 FR 39936, Sept. 2, 1983, unless otherwise noted.