[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR17.12]

[Page 218]
 
                   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)