[Code of Federal Regulations]
[Title 2, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 2CFR1532.1130]

[Page 225]
 
                     TITLE 2--GRANTS AND AGREEMENTS
 
               CHAPTER XV--ENVIRONMENTAL PROTECTION AGENCY
 
PART 1532_NONPROCUREMENT DEBARMENT AND SUSPENSION--Table of Contents
 
 Subpart J_Statutory Disqualification and Reinstatement Under the Clean 
                       Air Act and Clean Water Act
 
Sec. 1532.1130  How does disqualification under the CAA or CWA differ from a 

Federal discretionary suspension or debarment action?

    (a) CAA and CWA disqualifications are exclusions mandated by 
statute. In contrast, suspensions and debarments imposed under subparts 
A through I of 2 CFR part 180 or under 48 CFR part 9, subpart 9.4, are 
exclusions imposed at the discretion of Federal suspending or debarring 
officials. This means that if you are convicted of violating the CAA or 
CWA provisions described under Sec. 1532.1105, ordinarily your name and 
that of the violating facility is placed into the EPLS before you 
receive a confirmation notice of the listing, or have the opportunity to 
discuss the disqualification with, or seek reinstatement from, the EPA.
    (b) CAA or CWA disqualification applies to both the person convicted 
of the offense, and to the violating facility during performance of an 
award or covered transaction under the Federal procurement and 
nonprocurement suspension and debarment system. It is the EPA's policy 
to carry out CAA and CWA disqualifications in a manner which integrates 
the disqualifications into the Governmentwide suspension and debarment 
system. Whenever the EPA determines that the risk presented to Federal 
procurement and nonprocurement activities on the basis of the misconduct 
which gives rise to a person's CAA or CWA conviction exceeds the 
coverage afforded by mandatory disqualification, the EPA may use its 
discretionary authority to suspend or debar a person under subparts A 
through I of 2 CFR part 180, or under 48 CFR part 9, subpart 9.4.