[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: 40CFR7.65]

[Page 144]
 
                   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. 7.65  Accessibility.

    (a) General. A recipient shall operate each program or activity 
receiving EPA assistance so that when each part is viewed in its 
entirety it is readily accessible to and usable by handicapped persons. 
This paragraph does not:
    (1) Necessarily require a recipient to make each of its existing 
facilities or every part of an existing facility accessible to and 
usable by handicapped persons.
    (2) Require a recipient to take any action that the recipient can 
demonstrate would result in a fundamental alteration in the nature of 
its program or activity or in undue financial and administrative 
burdens. If an action would result in such an alternation or such 
financial and administrative burdens, the recipient shall be required to 
take any other action that would not result in such an alteration or 
financial and administrative burdens but would nevertheless ensure that 
handicapped persons receive the benefits and services of the program or 
activity receiving EPA assistance.
    (b) Methods of ensuring compliance in existing facilities. A 
recipient may comply with the accessibility requirements of this section 
by making structural changes, redesigning equipment, reassigning 
services to accessible buildings, assigning aides to beneficiaries, or 
any other means that make its program or activity accessible to 
handicapped persons. In choosing among alternatives, a recipient must 
give priority to methods that serve handicapped persons in the most 
integrated setting appropriate.
    (c) Deadlines. (1) Except where structural changes in facilities are 
necessary, recipients must adhere to the provisions of this section 
within 60 days after the effective date of this part.
    (2) Recipients having an existing facility which does require 
alterations in order to comply with paragraph (a) of this section must 
prepare a transition plan in accordance with Sec. 7.75 within six 
months from the effective date of this part. The recipient must complete 
the changes as soon as possible, but not later than three years from 
date of award.
    (d) Notice of accessibility. The recipient must make sure that 
interested persons, including those with impaired vision or hearing, can 
find out about the existence and location of the services, activities, 
and facilities that are accessible to and usable by handicapped persons.
    (e) Structural and financial feasibility. This section does not 
require structural alterations to existing facilities if making such 
alterations would not be structurally or financially feasible. An 
alteration is not structurally feasible when it has little likelihood of 
being accomplished without removing or altering a load-bearing 
structural member. Financial feasibility shall take into account the 
degree to which the alteration work is to be assisted by EPA assistance, 
the cost limitations of the statute under which such assistance is 
provided, and the relative cost of accomplishing such alterations in 
manners consistent and inconsistent with accessibility.

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