# 40 CFR § 33.107: What are the rules governing availability of records, cooperation, and intimidation and retaliation?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-40-33.107

## Section

- **Citation:** 40 CFR § 33.107
- **Heading:** What are the rules governing availability of records, cooperation, and intimidation and retaliation?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** 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 A—General Provisions

## Text

(a) Availability of records. (1) In responding to requests for information concerning any aspect of EPA's DBE Program, EPA complies with the provisions of the Federal Freedom of Information and Privacy Acts (5 U.S.C. 552 and 552a). EPA may make available to the public any information concerning EPA's DBE Program release of which is not prohibited by Federal law or regulation, including EPA's Confidential Business Information regulations at 40 CFR part 2, subpart B.
(2) EPA recipients shall safeguard from disclosure to unauthorized persons information that may reasonably be considered as confidential business information, consistent with Federal, state, and local law.
(b) Cooperation. All participants in EPA's DBE Program are required to cooperate fully and promptly with EPA, EPA Private Certifiers and EPA recipients in reviews, investigations, and other requests for information. Failure to do so shall be a ground for appropriate action against the party involved in accordance with § 33.105.
(c) Intimidation and retaliation. A recipient, contractor, or any other participant in EPA's DBE Program must not intimidate, threaten, coerce, or discriminate against any individual or firm for the purpose of interfering with any right or privilege secured by this part. Violation of this prohibition shall be a ground for appropriate action against the party involved in accordance with § 33.105.

## Nearby sections

- [40 CFR § 33.101 § 33.101 What are the objectives of this part?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.101.md)
- [40 CFR § 33.102 § 33.102 When do the requirements of this part apply?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.102.md)
- [40 CFR § 33.103 § 33.103 What do the terms in this part mean?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.103.md)
- [40 CFR § 33.104 § 33.104 May recipients apply for a waiver from the requirements of this part?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.104.md)
- [40 CFR § 33.105 § 33.105 What are the compliance and enforcement provisions of this part?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.105.md)
- [40 CFR § 33.106 § 33.106 What assurances must EPA financial assistance recipients obtain from their contractors?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.106.md)
- [40 CFR § 33.107 § 33.107 What are the rules governing availability of records, cooperation, and intimidation and retaliation?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.107.md)
- [40 CFR § 33.201 § 33.201 What does this subpart require?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.201.md)
- [40 CFR § 33.202 § 33.202 How does an entity qualify as an MBE or WBE under EPA's 8% statute?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.202.md)
- [40 CFR § 33.203 § 33.203 How does an entity qualify as an MBE or WBE under EPA's 10% statute?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.203.md)
- [40 CFR § 33.204 § 33.204 Where does an entity become certified under EPA's 8% and 10% statutes?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.204.md)
- [40 CFR § 33.205 § 33.205 How does an entity become certified by EPA?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.205.md)
- [40 CFR § 33.206 § 33.206 Is there a list of certified MBEs and WBEs?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.206.md)
- [40 CFR § 33.207 § 33.207 Can an entity reapply to EPA for MBE or WBE certification?](https://www.frixlaw.com/law-library/statutes/ecfr-40-33.207.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-40-33.107. Check the current official text before relying on it. Not legal advice.