Code of Federal Regulations · Section
§ 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:
(a) Formal legal identity (for example, your group has different officers); and
(b) Substantive existence (meaning, is not affiliated with an ineligible entity), including its own finances.
(1) In determining whether your group has a different substantive existence from the ineligible entity, you must establish for us that your group:
(i) Is not controlled either directly or indirectly, by the ineligible entity; and
(ii) Does not control, either directly or indirectly, an ineligible entity.
(2) You must also establish for EPA that a third group does not have the power to control both your group and an ineligible entity.
Authorizing Statute
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Public participation42 U.S.C. § 9617
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Congressional findings and declaration of purpose42 U.S.C. § 7401
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Findings, policy, and intent15 U.S.C. § 2601
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Definitions42 U.S.C. § 300f
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Findings and policy42 U.S.C. § 13101
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Congressional findings42 U.S.C. § 6901
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Congressional declaration of goals and policy33 U.S.C. § 1251
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Definitions7 U.S.C. § 136