[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: 40CFR7.50]

[Page 142-143]
 
                   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 C_Discrimination Prohibited on the Basis of Handicap
 
Sec. 7.50  Specific prohibitions against discrimination.

    (a) A recipient, in providing any aid, benefit or service under any 
program or activity receiving EPA assistance shall not, on the basis of 
handicap, directly or through contractual, licensing, or other 
arrangement:
    (1) Deny a qualified handicapped person any service, aid or other 
benefit of a federally assisted program or activity;
    (2) Provide different or separate aids, benefits, or services to 
handicapped persons or to any class of handicapped persons than is 
provided to others unless the action is necessary to provide qualified 
handicapped persons with aids, benefits, or services that are as 
effective as those provided to others;
    (3) Aid or perpetuate discrimination against a qualified handicapped 
person by providing significant assistance to an entity that 
discriminates on the basis of handicap in providing aids, benefits, or 
services to beneficiaries of the recipient's program or activity;
    (4) Deny a qualified handicapped person the opportunity to 
participate as a member of planning or advisory boards; or
    (5) Limit a qualified handicapped person in any other way in the 
enjoyment of any right, privilege, advantage, or opportunity enjoyed by 
others receiving an aid, benefit or service from the program or 
activity.
    (b) A recipient may not, in determining the site or location of a 
facility, make selections: (1) That have the effect of excluding 
handicapped persons from, denying them the benefits of, or otherwise 
subjecting them to discrimination under any program or activity that 
receives EPA assistance or (2) that have the purpose or effect of 
defeating or substantially impairing the accomplishment of the 
objectives of the program or activity receiving EPA assistance with 
respect to handicapped persons.
    (c) A recipient shall not use criteria or methods of administering 
any program or activity receiving EPA assistance which have the effect 
of subjecting individuals to discrimination because of their handicap, 
or have the effect of defeating or substantially impairing 
accomplishment of the objectives of such program or activity with 
respect to handicapped persons.
    (d) Recipients shall take appropriate steps to ensure that 
communications with their applicants, employees, and beneficiaries are 
available to persons with impaired vision and hearing.

[[Page 143]]

    (e) The exclusion of non-handicapped persons or specified classes of 
handicapped persons from aid, benefits, or services limited by Federal 
statute or Executive Order to handicapped persons or a different class 
of handicapped persons is not prohibited by this subpart.

[49 FR 1659, Jan. 12, 1984, as amended at 68 FR 51372, Aug. 26, 2003]