The EPA has published RAIN-2025-G02. This Recipient/Applicant Information Notice (RAIN) informs EPA assistance agreement recipients of a class exception to the EPA’s Disadvantaged Business Enterprise (DBE) regulations at 40 CFR Part 33. Effective immediately, EPA is suspending: 1) fair share objective requirements in 40 CFR Part 33, Subpart D; 2) recipient reporting requirements under 40 CFR 33.502; and 3) the compliance and enforcement provisions under 40 CFR 33.105. This class exception applies to all EPA awards. 

EPA has revised the existing Fiscal Year 2025 General Term and Condition, “Utilization of Disadvantaged Business Enterprises” to reflect RAIN-2025-G02. See T&C #27, provisions 5, 6, and 7. 

In addition, EPA has updated the Fiscal Year 2025 General Terms and Conditions, effective April 3, 2025. Recipients should refer to the Revision History Table for a summary of any additions, revisions, or changes since October 1, 2024. The April 3 changes are summarized below. These are the same changes that were communicated on March 25; however, the effective date has been updated to April 3. 

• Added a new “Federal Anti-Discrimination Laws” T&C (See T&C #54) in accordance with Executive Order Ending Illegal Discrimination and Restoring Merit-Based Opportunity. This new T&C only applies to new awards and funding amendments made on or after April 3. 

• Added a new termination provision to the “Termination” T&C (See T&C #3, provision (e)) in accordance with 2 CFR 200.340(a)(4). This new provision only applies to new awards and funding amendments made on or after April 3. 

• Updated the following T&Cs to revise the description of the requirements. Recipients should refer to the regulatory citation to understand the full scope of the requirement.  

  • “Establishing and Managing Subawards” T&C (See T&C #8, provision 5.a),  

  • “Civil Rights Obligations” T&C (See T&C #42, provision b.4), and  

  • “Resource Conservation and Recovery Act” T&C (See T&C #47, removed provision b that referred to a rescinded Executive Order)  

Recipients should save a copy of the terms and conditions for their records when they receive their agreement from the EPA.