United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2008_register executive 2010-09-22 article Rules and Regulations D09002ee1c8093339 D09002ee1c80933d2 United States Environmental Protection Agency originator org United States Government Agency or Subagency This action will harmonize EPA's statutory Disadvantaged Business Enterprise procurement objectives with the United States Supreme Court's decision in Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995). In that case, the Supreme Court extended strict judicial scrutiny to federal programs that use racial or ethnic criteria as a basis for decision making. Remedying discrimination is recognized as a compelling government interest, and this rule is promulgated on the understanding that the statutory provisions authorizing its adoption were enacted for that remedial purpose. This rule sets forth a narrowly tailored EPA program to serve the compelling government interest of remedying past and current racial discrimination through agency-wide DBE procurement objectives. EPA intends to evaluate the propriety of the Disadvantaged Business Enterprise program in 7 years through subsequent rulemaking. This rule also revises EPA's Minority Business Enterprise (MBE) and Women's Business Enterprise (WBE) program and renames it EPA's Disadvantaged Business Enterprise (DBE) Program. EPA is removing existing MBE/WBE specific provisions in regulations for grants and agreements with institutions of higher education, hospitals, and other non-profit organizations; and uniform administrative requirements for grants and cooperative agreements to state and local governments, state and local assistance, and research and demonstration grants, and is consolidating and adding to these provisions in this new regulation. This rule affects only procurements under EPA financial assistance agreements. This rule does not apply to direct Federal procurement actions. If you are a recipient of an EPA financial assistance agreement or an entity receiving an identified loan under a financial assistance agreement capitalizing a revolving loan fund, this rule may affect you. 73 FR 15904 https://www.govinfo.gov/app/details/FR-2008-03-26/E8-6003 E8-6003 fr26mr08-22 RIN 2090-AA38 6560-50-P Docket ID NO. EPA-HQ-OA-2002-0001 FRL-8545-9 https://www.govinfo.gov/app/details/FR-2008-03-26/E8-6003 https://www.govinfo.gov/content/pkg/FR-2008-03-26/html/E8-6003.htm https://www.govinfo.gov/content/pkg/FR-2008-03-26/pdf/E8-6003.pdf Environmental Protection Administrative Practice and Procedure Grant Programs-Environmental Protection Reporting and Recordkeeping Requirements Accounting Grant Programs Indians Intergovernmental Relations Grant Programs-Indians Hazardous Waste Research and Demonstration Grants-Projects Involving Construction 19 p. 15904 15922 73 FR 15904 Title 40 Part 30 40 CFR Part 30 Title 40 Part 31 40 CFR Part 31 Title 40 Part 33 40 CFR Part 33 Title 40 Part 35 40 CFR Part 35 Title 40 Part 40 40 CFR Part 40 RIN 2090-AA38 Participation by Disadvantaged Business Enterprises in Procurement Under Environmental Protection Agency (EPA) Financial Assistance Agreements; Federal Register Vol. 73, Issue RULE E8-6003 ENVIRONMENTAL PROTECTION AGENCY 2008-05-27 Docket ID NO. EPA-HQ-OA-2002-0001 FRL-8545-9 6560-50-P E8-6003 Final rule.

This action will harmonize EPA's statutory Disadvantaged Business Enterprise procurement objectives with the United States Supreme Court's decision in Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995). In that case, the Supreme Court extended strict judicial scrutiny to federal programs that use racial or ethnic criteria as a basis for decision making. Remedying discrimination is recognized as a compelling government interest, and this rule is promulgated on the understanding that the statutory provisions authorizing its adoption were enacted for that remedial purpose. This rule sets forth a narrowly tailored EPA program to serve the compelling government interest of remedying past and current racial discrimination through agency-wide DBE procurement objectives. EPA intends to evaluate the propriety of the Disadvantaged Business Enterprise program in 7 years through subsequent rulemaking. This rule also revises EPA's Minority Business Enterprise (MBE) and Women's Business Enterprise (WBE) program and renames it EPA's Disadvantaged Business Enterprise (DBE) Program. EPA is removing existing MBE/WBE specific provisions in regulations for grants and agreements with institutions of higher education, hospitals, and other non-profit organizations; and uniform administrative requirements for grants and cooperative agreements to state and local governments, state and local assistance, and research and demonstration grants, and is consolidating and adding to these provisions in this new regulation. This rule affects only procurements under EPA financial assistance agreements. This rule does not apply to direct Federal procurement actions. If you are a recipient of an EPA financial assistance agreement or an entity receiving an identified loan under a financial assistance agreement capitalizing a revolving loan fund, this rule may affect you.

This final rule is effective May 27, 2008. Kimberly Patrick, Attorney Advisor, Office of the Administrator, Office of Small and Disadvantaged Business Utilization (OSDBU) by phone at (202) 566-2605, by e-mail at patrick.kimberly@epa.gov, or by fax at (202) 566-0548; or Cassandra Freeman, Deputy Director, Office of the Administrator, OSDBU by phone at (202) 566-1968, by e-mail at freeman.cassandra@epa.gov, or by fax at (202) 566-0266. Both can be reached by mail to OSDBU, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., mail code 1230T, Washington, DC 20460. Environmental Protection Administrative Practice and Procedure Grant Programs-Environmental Protection Reporting and Recordkeeping Requirements Accounting Grant Programs Indians Intergovernmental Relations Grant Programs-Indians Hazardous Waste Research and Demonstration Grants-Projects Involving Construction Participation by Disadvantaged Business Enterprises in Procurement Under EPA Financial Assistance Agreements, freeman.cassandra@epa.gov patrick.kimberly@epa.gov www.regulations.gov Vol. 73, no. 59 Office of the Federal Register, National Archives and Records Administration 2008-03-26 continuing daily deposited born digital 329 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2008-03-26 P0b002ee18093e0ea 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr26mr08 https://www.govinfo.gov/app/details/FR-2008-03-26 https://www.govinfo.gov/content/pkg/FR-2008-03-26/pdf/FR-2008-03-26.pdf https://www.govinfo.gov/content/pkg/FR-2008-03-26/xml/FR-2008-03-26.xml fdlp 15861 16177 DGPO 2010-09-22 2024-06-05 FR-2008-03-26 machine generated eng FR FR-2008-03-26 73 59