§35.4025. Is there any way my group can get a TAG if it is currently ineligible?
40 C.F.R. § 35.4025
You can make your group eligible by establishing an identity separate from that of the PRP or other ineligible entity by making a reasonable demonstration of independence from the ineligible entity. Such a demonstration requires, at a minimum, a showing that your group has a separate and distinct:
Formal legal identity (for example, your group has different officers); and
Substantive existence (meaning, is not affiliated with an ineligible entity), including its own finances.
In determining whether your group has a different substantive existence from the ineligible entity, you must establish for us that your group:
Is not controlled either directly or indirectly, by the ineligible entity; and
Does not control, either directly or indirectly, an ineligible entity.
You must also establish for EPA that a third group does not have the power to control both your group and an ineligible entity.
Notes, amendments, and revision history
Authority
Authority: 42 U.S.C. 9617(e); sec. 9(g), E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193.
Source
Source: 65 FR 58858, Oct. 2, 2000, unless otherwise noted.
Authority
Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.