[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: 40CFR17.7]

[Page 230]
 
                   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 A_General Provisions
 
Sec. 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.