{"data":{"id":"us/40-cfr-35.4025","jurisdiction":"us","citation":"40 CFR 35.4025","heading":"Is there any way my group can get a TAG if it is currently ineligible?","body":"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:\n(a) Formal legal identity (for example, your group has different officers); and\n(b) Substantive existence (meaning, is not affiliated with an ineligible entity), including its own finances.\n(1) In determining whether your group has a different substantive existence from the ineligible entity, you must establish for us that your group:\n(i) Is not controlled either directly or indirectly, by the ineligible entity; and\n(ii) Does not control, either directly or indirectly, an ineligible entity.\n(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.","path":["Title 40—Protection of Environment","CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY","SUBCHAPTER B—GRANTS AND OTHER FEDERAL ASSISTANCE","PART 35—STATE AND LOCAL ASSISTANCE","Subpart M—Grants for Technical Assistance"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-40.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:04Z","sha256":"c05ae98ff6a20b2951b05b8fac574a0774c26360cd4237f7e15144898756823f","source_id":"us-cfr","stale":true,"prev":"us/40-cfr-35.4020","next":"us/40-cfr-35.4030"},"notice":"GroundRules: Original legal text. Not legal advice."}