[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR7.25]
[Page 139-141]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 7_NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY--Table of Contents
Subpart A_General
Sec. 7.25 Definitions.
As used in this part:
Administrator means the Administrator of EPA. It includes any other
agency official authorized to act on his or her behalf, unless explicity
stated otherwise.
Alcohol abuse means any misuse of alcohol which demonstrably
interferes with a person's health, interpersonal relations or working
ability.
Applicant means any entity that files an application or unsolicited
proposal or otherwise requests EPA assistance (see definition for EPA
assistance).
Assistant Attorney General is the head of the Civil Rights Division,
U.S. Department of Justice.
Award Official means the EPA official with the authority to approve
and execute assistance agreements and to take other assistance related
actions authorized by this part and by other EPA regulations or
delegation of authority.
Drug abuse means:
(a) The use of any drug or substance listed by the Department of
Justice in 21 CFR 1308.11, under authority of the Controlled Substances
Act, 21 U.S.C. 801, as a controlled substance unavailable for
prescription because:
(1) The drug or substance has a high potential for abuse,
(2) The drug or other substance has no currently accepted medical
use in treatment in the United States, or
(3) There is a lack of accepted safety for use of the drug or other
substance under medical supervision.
Note: Examples of drugs under paragraph (a)(1) of this section
include certain opiates and opiate derivatives (e.g., heroin) and
hallucinogenic substances (e.g., marijuana, mescaline, peyote) and
depressants (e.g., methaqualone). Examples of (a)(2) include opium, coca
leaves, methadone, amphetamines and barbiturates.
(b) The misuse of any drug or substance listed by the Department of
Justice in 21 CFR 1308.12-1308.15 under authority of the Controlled
Substances Act as a controlled substance available for prescription.
EPA means the United States Environmental Protection Agency.
EPA assistance means any grant or cooperative agreement, loan,
contract (other than a procurement contract or a contract of insurance
or guaranty), or any other arrangement by which EPA provides or
otherwise makes available assistance in the form of:
(1) Funds;
(2) Services of personnel; or
(3) Real or personal property or any interest in or use of such
property, including:
(i) Transfers or leases of such property for less than fair market
value or for reduced consideration; and
(ii) Proceeds from a subsequent transfer or lease of such property
if EPA's share of its fair market value is not returned to EPA.
Facility means all, or any part of, or any interests in structures,
equipment, roads, walks, parking lots, or other real or personal
property.
Handicapped person:
(a) Handicapped person means any person who (1) has a physical or
mental impairment which substantially limits one or more major life
activities, (2) has a record of such an impairment, or (3) is regarded
as having such an impairment. For purposes of employment, the term
handicapped person does not include any person who is an alcoholic or
drug abuser whose current use of alcohol or drugs prevents such
individual from performing the duties of the job in question or whose
employment, by reason of such current drug or alcohol abuse, would
constitute a direct threat to property or the safety of others.
(b) As used in this paragraph, the phrase:
(1) Physical or mental impairment means (i) any physiological
disorder or
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condition, cosmetic disfigurement, or anatomical loss affecting one or
more of the following body systems: Neurological; musculoskeletal;
special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic and
lymphatic; skin; and endocrine; and (ii) any mental or psychological
disorder, such as mental retardation, organic brain syndrome, emotional
or mental illness, and specific learning disabilities.
(2) Major life activities means functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(3) Has a record of such an impairment means has a history of, or
has been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities.
(4) Is regarded as having an impairment means:
(i) Has a physical or mental impairment that does not substantially
limit major life activities but that is treated by a recipient as
constituting such a limitation;
(ii) Has a physical or mental impairment that substantially limits
major life activities only as a result of the attitudes of others toward
such impairment; or
(iii) Has none of the impairments defined above but is treated by a
recipient as having such an impairment.
Office of Civil Rights or OCR means the Director of the Office of
Civil Rights, EPA Headquarters or his/her designated representative.
Project Officer means the EPA official designated in the assistance
agreement (as defined in EPA assistance) as EPA's contact with the
recipient; Project Officers are responsible for monitoring the project.
Program or activity and program mean all of the operations of any
entity described in paragraphs (1) through (4) of this definition, any
part of which is extended Federal financial assistance:
(1)(i) A department, agency, special purpose district, or other
instrumentality of a State or of a local government; or
(ii) The entity of such State or local government that distributes
such assistance and each such department or agency (and each other State
or local government entity) to which the assistance is extended, in the
case of assistance to a State or local government;
(2)(i) A college, university, or other postsecondary institution, or
a public system of higher education; or
(ii) A local educational agency (as defined in 20 U.S.C. 7801),
system of vocational education, or other school system;
(3)(i) An entire corporation, partnership, or other private
organization, or an entire sole proprietorship--
(A) If assistance is extended to such corporation, partnership,
private organization, or sole proprietorship as a whole; or
(B) Which is principally engaged in the business of providing
education, health care, housing, social services, or parks and
recreation; or
(ii) The entire plant or other comparable, geographically separate
facility to which Federal financial assistance is extended, in the case
of any other corporation, partnership, private organization, or sole
proprietorship; or
(4) Any other entity which is established by two or more of the
entities described in paragraph (1), (2), or (3) of this definition.
Qualified handicapped person means:
(a) With respect to employment: A handicapped person who, with
reasonable accommodation, can perform the essential functions of the job
in question.
(b) With respect to services: A handicapped person who meets the
essential eligibility requirements for the receipt of such services.
Racial classifications: \1\
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\1\ Additional subcategories based on national origin or primary
language spoken may be used where appropriate on either a national or a
regional basis. Subparagraphs (a) through (e) are in conformity with
Directive 15 of the Office of Federal Statistical Policy and Standards,
whose function is now in the Office of Information and Regulatory
Affairs, Office of Management and Budget. Should that office, or any
successor office, change or otherwise amend the categories listed in
Directive 15, the categories in this paragraph shall be interpreted to
conform with any such changes or amendments.
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(a) American Indian or Alaskan native. A person having origins in
any of the original peoples of North America, and who maintains cultural
identification through tribal affiliation or community recognition.
(b) Asian or Pacific Islander. A person having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian
subcontinent, or the Pacific Islands. This area includes, for example,
China, Japan, Korea, the Philippine Islands, and Samoa.
(c) Black and not of Hispanic origin. A person having origins in any
of the black racial groups of Africa.
(d) Hispanic. A person of Mexican, Puerto Rican, Cuban, Central or
South American or other Spanish culture or origin, regardless or race.
(e) White, not of Hispanic origin. A person having origins in any of
the original peoples of Europe, North Africa, or the Middle East.
Recipient means, for the purposes of this regulation, any State or
its political subdivision, any instrumentality of a State or its
political subdivision, any public or private agency, institution,
organization, or other entity, or any person to which Federal financial
assistance is extended directly or through another recipient, including
any successor, assignee, or transferee of a recipient, but excluding the
ultimate beneficiary of the assistance.
Sec. ion 13 refers to section 13 of the Federal Water Pollution
Control Act Amendments of 1972.
United States includes the States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, Wake Island, the Canal Zone, and all other
territories and possessions of the United States; the term State
includes any one of the foregoing.
[49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003]
