[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: 40CFR17.26] [Page 220] 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 C_Procedures for Considering Applications Sec. 17.26 Decision on application. The Presiding Officer shall issue a recommended decision on the application which shall include proposed written findings and conclusions on such of the following as are relevant to the decision: (a) The applicant's status as a prevailing party; (b) The applicant's qualification as a ``party'' under 5 U.S.C. 504(b)(1)(B); (c) Whether EPA's position as a party to the proceeding was substantially justified; (d) Whether the special cirumstances make an award unjust; (e) Whether the applicant during the course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy; and (f) The amounts, if any, awarded for fees and other expenses, explaining any difference between the amount requested and the amount awarded.