40 CFR § 33.410 - Can a recipient be penalized for failing to meet its fair share objectives?

---
identifier: "/us/cfr/t40/s33.410"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 33.410 - Can a recipient be penalized for failing to meet its fair share objectives?"
title_number: 40
title_name: "Protection of Environment"
section_number: "33.410"
section_name: "Can a recipient be penalized for failing to meet its fair share objectives?"
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"
---


# 33.410 Can a recipient be penalized for failing to meet its fair share objectives?

A recipient cannot be penalized, or treated by EPA as being in noncompliance with this subpart, solely because its MBE or WBE participation does not meet its applicable fair share objective. However, EPA may take remedial action under § 33.105 for a recipient's failure to comply with other provisions of this part, including, but not limited to, the good faith efforts requirements described in subpart C of this part.