{"data":{"id":"us/40-cfr-33.408","jurisdiction":"us","citation":"40 CFR 33.408","heading":"May a recipient use race and/or gender conscious measures as part of this program?","body":"(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.\n(b) Any use of race and/or gender conscious efforts must not result in the selection of an unqualified MBE or WBE.","path":["Title 40—Protection of Environment","CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY","SUBCHAPTER B—GRANTS AND OTHER FEDERAL ASSISTANCE","PART 33—PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PROGRAMS","Subpart D—Fair Share Objectives"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-40.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:04Z","sha256":"006a4de6f59d52e64261f74c0bce1d1d053b9170e82eea7e78ab1426924d5afe","source_id":"us-cfr","stale":true,"prev":"us/40-cfr-33.407","next":"us/40-cfr-33.409"},"notice":"GroundRules: Original legal text. Not legal advice."}