40 CFR 17.7 - Allowable fees and other expenses.
(a) The following fees and other expenses are allowable under the Act:
(1) Reasonable expenses of expert witnesses;
(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) Reasonable attorney or agent fees;
(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) Compensation for an expert witness will not exceed $24.09 per hour; and
(2) Attorney or agent fees will not be in excess of $75 per hour.
(c) In determining the reasonableness of the fee sought, the Presiding Officer shall consider the following:
(1) The prevailing rate for similar services in the community in which the attorney, agent, or witness ordinarily performs services;
(2) The time actually spent in the representation of the applicant;
(3) The difficulty or complexity of the issues raised by the application;
(4) Any necessary and reasonable expenses incurred;
(5) Such other factors as may bear on the value of the services performed.