§33.105. What are the compliance and enforcement provisions of this part?
40 C.F.R. § 33.105
If a recipient fails to comply with any of the requirements of this part, EPA may take remedial action under 2 CFR 200.339, Remedies for noncompliance, or 40 CFR part 35, as appropriate, or any other action authorized by law, including, but not limited to, enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Examples of the remedial actions under 2 CFR 200.339 or 40 CFR part 35 include, but are not limited to:
Temporarily withholding cash payments pending correction of the deficiency by the recipient or more severe enforcement action by EPA;
Disallowing all or part of the cost of the activity or action not in compliance;
Wholly or partly suspending or terminating the current award; or
Withholding further awards for the project or program.
Notes, amendments, and revision history
Amendments
[73 FR 15913, Mar. 26, 2008, as amended at 79 FR 76054, Dec. 19, 2014; 87 FR 30397, May 19, 2022]
Authority
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.
Source
Source: 73 FR 15913, Mar. 26, 2008, unless otherwise noted.
Amendments
[73 FR 15913, Mar. 26, 2008, as amended at 79 FR 76054, Dec. 19, 2014; 87 FR 30397, May 19, 2022]