---
kind: "section"
citation: "40 C.F.R. § 33.204"
title: "40"
number: "33.204"
heading: "Where does an entity become certified under EPA's 8% and 10% statutes?"
url: "https://uscodex.org/cfr/40/33.204"
---

# §33.204. Where does an entity become certified under EPA's 8% and 10% statutes?

- (a) In order to participate as an MBE or WBE prime or subcontractor for EPA recipients under EPA's DBE Program, an entity must first attempt to be certified by the following:
  - (1) The United States Small Business Administration (SBA), under its 8(a) Business Development Program ([13 CFR part 124](/cfr/13/part124.md), [subpart A](/cfr/40/subpartA.md)) or its Small Disadvantaged Business (SDB) Program, ([13 CFR part 124](/cfr/13/part124.md), [subpart B](/cfr/40/subpartB.md));
  - (2) The United States Department of Transportation (DOT), under its regulations for Participation by Disadvantaged Business Enterprises in DOT Programs (49 CFR parts [23](/cfr/49/part23.md) and [26](/cfr/49/part26.md)); or
  - (3) an Indian Tribal Government, State Government, local Government or independent private organization in accordance with EPA's 8% or 10% statute as applicable.
  - (2) Such certifications shall be considered acceptable for establishing MBE or WBE status, as appropriate, under EPA's DBE Program as long as the certification meets EPA's U.S. citizenship requirement under [§ 33.202](/cfr/40/33.202.md) or [§ 33.203](/cfr/40/33.203.md).
  - (3) An entity may only apply to EPA for MBE or WBE certification under the procedures set forth in [§ 33.205](/cfr/40/33.205.md) if that entity first is unable to obtain MBE or WBE certification under [paragraphs (a)](#a) (1) through (3) of this section.
- (b) [Reserved]

## Notes

### 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.