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Code of Federal Regulations Title 40. Protection of Environment § 40.35.4025 Is there any way my group can get a TAG if it is currently ineligible?

Current as of October 02, 2022 | Updated by FindLaw Staff

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.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.35.4025 Is there any way my group can get a TAG if it is currently ineligible? - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-35-4025/

Read this complete Code of Federal Regulations Title 40. Protection of Environment § 40.35.4025 Is there any way my group can get a TAG if it is currently ineligible? on Westlaw. Westlaw subscription required.

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