[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: 40CFR17.14]

[Page 232]
 
                   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. 17.14  Time for submission of application.

    (a) An application must be filed no later than 30 days after final 
disposition of the proceeding. If agency review or reconsideration is 
sought or taken of a decision in which an applicant believes it has 
prevailed, action on the award of fees shall be stayed pending final 
agency disposition of the underlying controversy.
    (b) Final disposition means the later of:
    (1) The date on which the Agency decision becomes final, either 
through disposition by the Environmental Appeals Board of a pending 
appeal or through an initial decision becoming final due to lack of an 
appeal or
    (2) The date of final resolution of the proceeding, such as 
settlement or voluntary dismissal, which is not subject to a petition 
for rehearing or reconsideration.
    (c) If judicial review is sought or taken of the final agency 
disposition of the underlying controversy, then agency proceedings for 
the award of fees will be stayed pending completion of judicial review. 
If, upon completion of review, the court decides what fees to award, if 
any, then EPA shall have no authority to award fees.

[48 FR 39936, Sept. 2, 1983, as amended at 57 FR 5323, Feb. 13, 1992]