[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR17.12]
[Page 231]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 17_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN EPA ADMINISTRATIVE PROCEEDINGS--Table of Contents
Subpart B_Information Required From Applicants
Sec. 17.12 Net worth exhibit.
(a) Each applicant except a qualified tax exempt organization or a
qualified cooperative must submit with its application a detailed
exhibit showing its net worth at the time the proceeding was initiated.
If any individual, corporation, or other entity directly or indirectly
controls or owns a majority of the voting shares or other interest of
the applicant, or if the applicant directly or indirectly owns or
controls a majority of the voting shares or other interest of any
corporation or other entity, the exhibit must include a showing of the
net worth of all such affiliates or of the applicant including the
affiliates. The exhibit may be in any form that provides full disclosure
of assets and liabilities of the applicant and any affiliates and is
sufficient to determine whether the applicant qualifies under the
standards of 5 U.S.C. 504(b)(1)(B)(i). The Presiding Officer may require
an applicant to file additional information to determine the applicant's
eligibility for an award.
(b) The net worth exhibit shall describe any transfers of assets
from, or obligations incurred by, the applicant or any affiliate
occurring in the one-year period prior to the date on which the
proceeding was initiated that reduced the net worth of the applicant and
its affiliates below the applicable net worth ceiling. If there were no
such transactions, the applicant shall so state.
(c) The net worth exhibit shall be included in the public record of
the proceeding.
(Approved by the Office of Management and Budget under control number
2000-0430)