Allowable fees and other expenses.

§ 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.