40 CFR § 35.4025 - Is there any way my group can get a TAG if it is currently ineligible?
---
identifier: "/us/cfr/t40/s35.4025"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 35.4025 - Is there any way my group can get a TAG if it is currently ineligible?"
title_number: 40
title_name: "Protection of Environment"
section_number: "35.4025"
section_name: "Is there any way my group can get a TAG if it is currently ineligible?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "B"
subchapter_name: "GRANTS AND OTHER FEDERAL ASSISTANCE"
part_number: "35"
part_name: "STATE AND LOCAL ASSISTANCE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401 33 U.S.C. 1251 42 U.S.C. 300f 42 U.S.C. 6901 7 U.S.C. 136 15 U.S.C. 2601 42 U.S.C. 13101 Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200."
cfr_part: "35"
---
# 35.4025 Is there any way my group can get a TAG if it is currently ineligible?
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:
(a) Formal legal identity (for example, your group has different officers); and
(b) Substantive existence (meaning, is not affiliated with an ineligible entity), including its own finances.
(1) In determining whether your group has a different substantive existence from the ineligible entity, you must establish for us that your group:
(i) Is not controlled either directly or indirectly, by the ineligible entity; and
(ii) Does not control, either directly or indirectly, an ineligible entity.
(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.