40 CFR § 33.105 - What are the compliance and enforcement provisions of this part?

---
identifier: "/us/cfr/t40/s33.105"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 33.105 - What are the compliance and enforcement provisions of this part?"
title_number: 40
title_name: "Protection of Environment"
section_number: "33.105"
section_name: "What are the compliance and enforcement provisions of this part?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "B"
subchapter_name: "GRANTS AND OTHER FEDERAL ASSISTANCE"
part_number: "33"
part_name: "PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PROGRAMS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 637 note; 42 U.S.C. 4370d, 7601 note, 9605(f); E.O. 11625, 36 FR 19967, 3 CFR, 1971 Comp., p. 213; E.O. 12138, 49 FR 29637, 3 CFR, 1979 Comp., p. 393; E.O. 12432, 48 FR 32551, 3 CFR, 1983 Comp., p. 198, 2 CFR part 200."
regulatory_source: "73 FR 15913, Mar. 26, 2008, unless otherwise noted."
cfr_part: "33"
---


# 33.105 What are the compliance and enforcement provisions of this part?

If a recipient fails to comply with any of the requirements of this part, EPA may take remedial action under 2 CFR 200.339, Remedies for noncompliance, or 40 CFR part 35, as appropriate, or any other action authorized by law, including, but not limited to, enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 *et seq.*). Examples of the remedial actions under 2 CFR 200.339 or 40 CFR part 35 include, but are not limited to:

(a) Temporarily withholding cash payments pending correction of the deficiency by the recipient or more severe enforcement action by EPA;

(b) Disallowing all or part of the cost of the activity or action not in compliance;

(c) Wholly or partly suspending or terminating the current award; or

(d) Withholding further awards for the project or program.

[73 FR 15913, Mar. 26, 2008, as amended at 79 FR 76054, Dec. 19, 2014; 87 FR 30397, May 19, 2022]