40 CFR §17.7

1. (a)The following fees and other expenses are allowable under the Act:
   1. (1)Reasonable expenses of expert witnesses;
   2. (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. (3)Reasonable attorney or agent fees;
2. (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. (1)Compensation for an expert witness will not exceed $24.09 per hour; and
   2. (2)Attorney or agent fees will not be in excess of $75 per hour.
3. (c)In determining the reasonableness of the fee sought, the Presiding Officer shall consider the following:
   1. (1)The prevailing rate for similar services in the community in which the attorney, agent, or witness ordinarily performs services;
   2. (2)The time actually spent in the representation of the applicant;
   3. (3)The difficulty or complexity of the issues raised by the application;
   4. (4)Any necessary and reasonable expenses incurred;
   5. (5)Such other factors as may bear on the value of the services performed.