StacksVerified U.S. regulatory reference

40 CFR §35.4025

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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:
  1. (a)Formal legal identity (for example, your group has different officers); and
  2. (b)Substantive existence (meaning, is not affiliated with an ineligible entity), including its own finances.
    1. (1)In determining whether your group has a different substantive existence from the ineligible entity, you must establish for us that your group:
      1. (i)Is not controlled either directly or indirectly, by the ineligible entity; and
      2. (ii)Does not control, either directly or indirectly, an ineligible entity.
    2. (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.