40 CFR § 33.408 - May a recipient use race and/or gender conscious measures as part of this program?
---identifier: "/us/cfr/t40/s33.408"source: "ecfr"legal_status: "authoritative_unofficial"title: "40 CFR § 33.408 - May a recipient use race and/or gender conscious measures as part of this program?"title_number: 40title_name: "Protection of Environment"section_number: "33.408"section_name: "May a recipient use race and/or gender conscious measures as part of this program?"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: falsecurrency: "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"---
# 33.408 May a recipient use race and/or gender conscious measures as part of this program?(a) Should the good faith efforts described in subpart C of this part or other race and/or gender neutral measures prove to be inadequate to achieve an established fair share objective, race and/or gender conscious action (e.g., apply the subcontracting suggestion in § 33.301(c) to MBEs and WBEs) is available to a recipient and its prime contractor to more closely achieve the fair share objectives, subject to § 33.409. Under no circumstances are race and/or gender conscious actions required by EPA.(b) Any use of race and/or gender conscious efforts must not result in the selection of an unqualified MBE or WBE.