[Federal Register Volume 67, Number 27 (Friday, February 8, 2002)]
[Rules and Regulations]
[Pages 6138-6144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3096]
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Part VI
Environmental Protection Agency
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40 CFR Parts 9 and 105
Recognition Awards Under the Clean Water Act; Final and Proposed Rule
Federal Register / Vol. 67, No. 27 / Friday, February 8, 2002 / Rules
and Regulations
[[Page 6138]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 105
[Docket #W-01-01; FRL-7140-8]
RIN 2040-AD44
Recognition Awards Under the Clean Water Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on the rule regarding
Recognition Awards Under the Clean Water Act (CWA). Under the authority
of CWA section 501(e), the EPA is establishing the framework for the
annual CWA Recognition Awards Program formerly known as the Wastewater
Management Excellence Awards Program. CWA section 501(e) authorizes the
Administrator, on behalf of the U.S. Government, to recognize
industrial organizations and political subdivisions of States which
demonstrate an outstanding technological achievement or innovative
process, method or device in waste treatment and pollution abatement
programs. Today's action establishes the framework under which the EPA
will implement the Awards Program. The existing awards program
recognizes innovative and outstanding achievements, processes, methods
or devices in: Operations and Maintenance (O&M) of Publicly Owned
Treatment Works (POTW); Biosolids Management (Biosolids); POTW
Pretreatment Programs; Municipal and Industrial Storm Water (SW)
Management; and Combined Sewer Overflow (CSO) Controls. These
wastewater management programs can generally be characterized as waste
treatment and/or pollution abatement programs. Individual EPA Regional
Administrators (and Regional officials they may designate) also may
conduct Regional CWA Recognition Awards Programs according to and
consistent with the provisions of this part. EPA headquarters issues
annual guidance memoranda to administer each year's awards process and
to request nominations for the awards program. EPA may later establish,
discontinue, combine or rename categories by notice published in the
Federal Register. Awards decisions are not subject to administrative
review. Though the Agency has conducted an awards program for many
years, this action clearly acknowledges the basis for the program.
DATES: This rule is effective on May 9, 2002 without further notice,
unless EPA receives adverse written comment by April 9, 2002. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Written comments should be mailed to the W-01-01 Direct
Final CWA Recognition Awards Comment Clerk, Water Docket, MC-4101,
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, or hand delivered to the Water Docket in Room EB
57, 401 M Street, SW., Washington, DC. Due to the uncertainty of mail
delivery in the Washington, DC area, in order to ensure that your
comments are received, we suggest you mail in, and hand deliver or fax
your comments to (202) 501-2396. A copy of supporting information for
this rulemaking is available for public inspection under docket number
W-01-01. For access to the docket materials, call (202) 260-3027,
Monday through Friday, except Federal holidays between 9:00 a.m. and
3:30 p.m. (Eastern time) for an appointment. Please indicate that the
docket to be accessed is for the February 8, 2002 Federal Register on
the Clean Water Act Recognition Awards. As provided in 40 CFR part 2, a
reasonable fee may be charged for copying services.
FOR FURTHER INFORMATION CONTACT: Maria E. Campbell, Municipal Support
Division, Office of Wastewater Management (MC4204-M), U.S.
Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, (202) 564-0628, e-mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
II. Background
III. Discussion of Direct Final Rulemaking
IV. Administrative Requirements
V. Supporting Documents
I. Statutory Authority
EPA promulgates today's rule under the authority of Clean Water Act
sections 501(a) and (e), 33 U.S.C. 1361(a) and (e).
II. Background
CWA sections 501(a) and (e) authorize a program which provides
official recognition by the U.S. Government to those industrial
organizations and political subdivisions of States which demonstrate an
outstanding technological achievement or an innovative process, method,
or device in their waste treatment and pollution abatement programs.
The authority also provides for EPA's consultation with the appropriate
State agencies to develop regulations under which the recognition may
be applied for and granted. That consultation has been carried out. Not
all States are involved in the CWA awards program. States and EPA may
use an application and/or nomination process as appropriate for the
program, State or EPA.
Additionally, section 501(e) provides that no applicant will be
eligible for an award if it is not in total compliance with all
applicable water quality requirements, or otherwise does not have a
satisfactory record with respect to environmental quality. The Agency
has presented CWA awards for several years. Though EPA's predecessor
proposed a regulation in the Federal Register on July 16, 1971 (36 FR
137) (Water Quality Enhancement Awards), that regulation was never
finalized. Today's rulemaking would codify the program for these CWA
awards by EPA.
The Agency's CWA Recognition Awards Program currently includes
awards for the following program categories: Operations and Maintenance
(O&M) of Publicly Owned Treatment Works (POTW); Biosolids Management
(Biosolids); POTW Pretreatment Programs; Municipal and Industrial Storm
Water (SW) Management; and Combined Sewer Overflow (CSO) Controls. See
66 FR 48873 (Sept. 24, 2001). These wastewater management programs can
generally be characterized as waste treatment and/or pollution
abatement programs. Individual EPA Regional Administrators (and
Regional officials they may designate) also may conduct Regional CWA
Recognition Awards Programs according to and consistent with the
provisions of this part. All of the awards categories recognize
outstanding and innovative achievements in waste treatment and/or
pollution abatement programs. Further, all award winners are required
to have strong compliance records.
--For the O&M awards, the Agency currently has categories for
large, medium and small advanced treatment plants; large, medium and
small secondary treatment plants; large and small non-discharging
treatment plants, and most improved treatment plant. The trainer
organization for the most improved treatment plant is also recognized.
--The Biosolids awards currently have categories which recognize
municipal and other biosolids operations at large and small operating
projects, technology, research
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achievements, as well as municipal and other public acceptance of
biosolids programs.
--Categories for consideration for the Pretreatment awards
currently are based on the total number of significant industrial users
(SIUs) of the control authority.
--The SW awards currently have two categories that recognize
outstanding municipal and industrial storm water pollution control.
--Finally, the CSO awards have one category to recognize
outstanding and innovative CSO abatement programs.
EPA later may establish other categories by notice published in the
Federal Register. EPA may subsequently discontinue, combine, or rename
categories by notice published in the Federal Register.
Not all States participate in the CWA Recognition Awards Program.
EPA does however, encourage all authorized National Pollutant Discharge
Elimination System (NPDES) agencies, as well as non-authorized States
and Tribes, to play a role in the nomination process. National award
winners are selected by EPA based upon evaluations of the applications
or nominees' information and recommendations of EPA staff and/or
representatives of State and Tribal water pollution control agencies.
EPA Regional offices may also conduct a Regional awards program
according to and consistent with the provisions of this part. Award
decisions are not subject to administrative review.
Today's rule announces EPA's interpretation of eligible award
winners, specifically, industrial organizations and political
subdivisions of States. EPA interprets the term ``industrial
organizations'' to include any company, corporation, association,
partnership, firm, university, not-for-profit organization, or
wastewater treatment facility, as well as a Federal, State or Tribal
wastewater treatment facility, or U.S. military command, to the extent
such government and other organizations operate in an ``industrial''
capacity in the treatment of wastes or abatement of pollution.
You may obtain further information about the current year's CWA
Recognition Awards Program from the EPA Regional offices or our Web
site (www.epa.gov/owm/intnet.htm). Tribes should contact the relevant
EPA Regional office. Information for consideration of an award includes
design and operating specifications about wastewater treatment
facilities and pollution abatement programs, projects, methods or
devices. Nominees for national recognition are provided to EPA
headquarters through the EPA Regional offices.
Today's action codifies the intent of the Agency to continue the
Wastewater Management Excellence Awards Program as the CWA Recognition
Awards Program under the authority of section 501(e) of the CWA. It
also amends 40 CFR part 9 to identify information collection, record
keeping, and reporting requirements.
III. Discussion of Direct Final Rulemaking
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no adverse comment
since we are essentially codifying an existing practice of implementing
a CWA Recognition Awards Program. However, in the ``Proposed Rules''
section of today's Federal Register, we are publishing a separate
document that will serve as the proposal for the Clean Water Act
Recognition Awards Program if adverse comments are filed. This rule
will be effective on May 9, 2002 without further notice unless we
receive adverse comment by April 9, 2002. If EPA receives adverse
comment, we will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. We will
address all public comments in a subsequent final rule based on the
proposed rule. We will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
IV. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Reviews
Under Executive Order 12866, (58 FR 51,735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector or the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.''
It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.
B. Executive Order 12898: Environmental Justice
Under Executive Order 12898, ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations,'' as well as through EPA's National Environmental Justice
Advisory Council, EPA has undertaken to incorporate environmental
justice into its policies and programs. EPA is committed to addressing
environmental justice concerns, and is assuming a leadership role in
environmental justice initiatives to enhance environmental quality for
all residents of the United States. The Agency's goals are to ensure
that no segment of the population, regardless of race, color, national
origin or income, bears disproportionately high and adverse human
health and environmental effects as a result of EPA's policies,
programs, and activities, and all people live in clean and sustainable
communities.
No action from this rule will have a disproportionately high and
adverse human health and environmental effect on any segment of the
population. In addition, this rule does not impose substantial direct
compliance costs on those communities. Accordingly, the requirements of
Executive Order 12898 do not apply.
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996, (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business based on the
Small Business Administration's size standards; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a
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population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. For purposes of the RFA, States and
Tribal governments are not considered small governmental jurisdictions
since they are independent sovereigns.
After considering the economic impact of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. For purposes
of evaluating the economic impact of today's rule on small entities,
EPA reflects on the recent history of small entities' participation in
the CWA Recognition Awards Program. No unnecessary or
disproportionately burdensome demands are imposed on small entities to
meet eligibility requirements, and nominations or selection criteria
for participation in the voluntary program. The rule merely establishes
a framework for an existing Agency practice and does not substantially
affect the rights of non-agency parties.
Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. Where EPA
Regions may determine that the awards program questionnaire
applications may be too lengthy or too complicated for applicants in
small communities, a condensed or more simplified version of the
questionnaire application may be used. States and EPA may also use an
application and/or nomination process as appropriate for the program,
State or EPA. Participation in EPA's CWA Awards Program is voluntary.
D. Executive Order 13045: Children's Health
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This final rule is not subject to Executive Order 13045 because it
is not ``economically significant'' and it does not concern an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. The rule merely establishes
a framework to implement a CWA Recognition Awards Program.
E. Paperwork Reduction Act
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this rule under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2040-0101 for the Questionnaire for the
Annual National Clean Water Act Recognition Awards Program (National
Wastewater Management Excellence Awards Program). The approval provides
information collection for operations and maintenance, biosolids
management, storm water management, and combined sewer overflow control
awards programs. Also OMB has approved information collection
requirements for the pretreatment awards program under OMB control
number 2040-0009. The information collected for these programs is
planned to be used for the consideration and evaluation of evidence of
outstanding technological achievements or innovative processes, methods
or devices in waste treatment and pollution abatement programs required
under section 501(e) to obtain a CWA Recognition Award. Participation
in the CWA Recognition Awards program is voluntary. These ICRs were
previously subject to public notice and comment prior to OMB approval.
EPA finds that further notice and comment is unnecessary since this
rule does not contain any collection of information requirements beyond
those already approved. As a result, EPA finds that there is ``good
cause'' under section 553(b)(B) of the Administrative Procedures Act, 5
U.S.C. 553(b)(B), to amend 40 CFR part 9, as part of this rulemaking
without prior notice and comment.
The projected cost and hour burden for the information collection
activity for the O&M, biosolids, storm water and CSO programs is
estimated to be $79,200 per year ($46,600 for the respondents and
$33,200 for the States' review time), and 2800 hours (1600 hours for
the respondents time and 1200 hours for the States' review time) for
the next three years. The proposed frequency of responses is once
annually and the estimated number of respondents is 200. The annual
public reporting and record keeping burden for this collection of
information is estimated to average eight hours per response. The
projected cost and hour burden for the information collection activity
for the pretreatment awards is estimated to be $16,151.19 per year
($13,819.20 for the respondents burden and $2,331.99 for the States'
review time), and 561 hours (480 hours for the respondents time and 81
hours for the States' review time) for the next three years. The
proposed frequency of responses is once annually and the estimated
number of respondents is 40. The annual public reporting and record
keeping burden for this collection of information is estimated to
average 12 hours per response. These estimates include the time needed
to review instructions; collect, validate, and verify information,
complete and review the collection of information; and transmit the
information to EPA.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. EPA is
amending the table in 40 CFR part 9 of currently approved ICR control
numbers issued by OMB for various regulations to list the information
requirements contained in this final rule.
F. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer Advancement Act
of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
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sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
rulemaking does not involve technical standards. Therefore, EPA did not
consider the use of any voluntary consensus standards.
G. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective [insert date 90 days after
publication in the Federal Register].
H. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This direct final rule does not have federalism implications. It
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. This rule is
established for those States which voluntarily choose to participate in
EPA's awards program. No direct compliance costs are imposed. Thus
Executive Order 13132 does not apply to this rule. Although section 6
of Executive Order 13132 does not apply to this rule, CWA section
501(e) requires EPA to consult with the appropriate State water
pollution control agencies to establish the regulation. Specifically,
hard copies of the draft proposed rule were mailed to representatives
of State water pollution control agencies for their review and
comments. Only one response was received. The response was in support
of the CWA Recognition Awards Program. Local officials may volunteer to
participate if a facility is nominated for an award in their State. Not
all States participate in EPA's CWA Awards Program and their
participation is voluntary.
I. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by Tribal officials in the development of regulatory
policies that have Tribal implications.'' ``Policies that have Tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian Tribes, on
the relationship between the Federal government and the Indian Tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian Tribes.''
This final rule does not have Tribal implications. It will not have
substantial direct effects on Tribal governments, on the relationship
between the Federal government and Indian Tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian Tribes, as specified in Executive Order 13175.
This rule is established for Federally recognized Tribes which
voluntarily choose to participate. No direct compliance costs are
imposed. Thus, Executive Order 13175 does not apply to this rule.
Although section 5 of Executive Order 13175 does not apply to this
rule, EPA did consult with EPA Regional program managers regarding
Tribal participation of the CWA Recognition Awards Program in
developing this rule. Traditionally, Tribes have not participated in
the Recognition Awards Program. However, consistent with EPA's Indian
policy to work with Tribes on a government to government basis, Tribes
will be provided the opportunity to participate in the nomination
process in the CWA Recognition Awards Program. Additionally, Tribes
that operate facilities or abate pollution are eligible to receive
awards as ``industrial organizations.'' EPA sent copies of the draft
proposed rule to Federally recognized Tribes for comment. No responses
were received.
J. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local or Tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, Tribal, or local government or the private sector. Also,
the UMRA generally excludes from the definition of ``Federal
intergovernmental mandate'' duties that arise from participation in a
voluntary
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Federal program. Participation in EPA's CWA Awards Program is
voluntary. Thus today's rule is not subject to the requirements of
sections 202 and 205 of the UMRA. For these same reasons, EPA has also
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments. Thus, today's
rule is not subject to the requirements of section 203 of the UMRA.
K. Executive Order 13211 (Energy Effects)
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 1001)) because it is not a
significant regulatory action under Executive Order 12866.
V. Supporting Documents
Key documents included in the administrative record supporting
today's rule are: (1) Guidance for the Year 2001 National Wastewater
Operations and Maintenance (O&M) Excellence Awards Program; (2)
Nominations Guidance for the 2001 Biosolids Exemplary Management Awards
Program; (3) Nominations for the 2001 National Pretreatment Program,
Combined Sewer Overflow (CSO) Control Program, and Storm Water
Management Program Excellence Awards; (4) National Pretreatment Program
Information Collection Request; (5) Information Collection Activity:
Questionnaire for Operations and Maintenance (O&M), Biosolids Use
(Biosolids), Combined Sewer Overflow (CSO), and Storm Water (SW) Awards
Nominees Under the Annual National Wastewater Management Excellence
Award Program (NWMEAP); (6) EPA's 1994 National Combined Sewer Overflow
Controls Policy; (7) Wastewater Awards Program Brochure; (8) Federal
Register Notice to announce the 2001 National Wastewater Awards
Program; (9) Federal Register Notice to announce EPA's plan to submit a
continuing information collection request to OMB; (10) Federal Register
Notice to request review and re-approval of information collection
activity for the Clean Water Act Recognition Awards; (11) comments
received from States on drafts of this regulation; and, (12)
Information Collection Activity: Questionnaire for Nominees for the
Annual National Clean Water Act Recognition Awards Program (National
Wastewater Management Excellence Awards Program).
List of Subjects
40 Part 9
Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 105
Environmental protection, Administrative practice and procedure,
Reporting and recordkeeping requirements, Water pollution control.
Dated: February 1, 2002.
Christine Todd Whitman,
Administrator.
For the reasons set out in the preamble, chapter I, title 40 of the
Code of Federal Regulations is amended as follows:
PART 9--[AMENDED]
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
2. In Sec. 9.1 the table is amended by adding a new heading and
entries in numerical order to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR Citation No.
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* * * * *
Recognition Awards Under the Clean Water Act
------------------------------------------------------------------------
105.4(c)................................................ 2040-0009,
2040-0101
105.7................................................... 2040-0009,
2040-0101
105.10.................................................. 2040-0009,
2040-0101
* * * * *
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3. Part 105 is added to read as follows:
PART 105--RECOGNITION AWARDS UNDER THE CLEAN WATER ACT
Sec.
General
105.1 Background.
105.2 Definitions.
105.3 Title.
Eligibility Requirements
105.4 What are the requirements for the Awards Program?
105.5 Who is eligible to win an award?
105.6 What are the Awards Program categories for which I may be
eligible?
Application and Nomination Process
105.7 How do I apply for an award?
105.8 When can I apply for an award?
105.9 How can I get nominated for an award?
Selection Criteria
105.10 What do I need to be considered for an award?
105.11 Who selects the award winners?
105.12 How is the awards review committee selected?
105.13 How are the awards winners selected?
Awards Recognition
105.14 How are award winners notified?
105.15 How are award winners recognized?
105.16 How are award winners publicized?
Authority: Section 501(a) and (e) of the Clean Water Act (CWA),
33 U.S.C. 1361(a) and (e).
General
Sec. 105.1 Background.
The Environmental Protection Agency's (EPA) Clean Water Act (CWA)
Recognition Awards Program is authorized by CWA section 501(e). The
Administrator may provide official recognition to industrial
organizations and political subdivisions of States which during the
preceding year demonstrated an outstanding technological achievement or
an innovative process, method or device in their waste treatment and
pollution abatement programs. The wastewater management programs can
generally be characterized as waste treatment and/or pollution
abatement programs. Individual EPA Regional Administrators (and
Regional officials they may designate) also may conduct Regional CWA
Recognition Awards Programs according to and consistent with the
provisions of this part.
Sec. 105.2 Definitions.
Applicant means the person authorized to complete the application
on behalf of an industrial organization or political subdivision of
States.
Application means a completed questionnaire, nomination form, or
other documentation submitted to or by the States, EPA Regions or
headquarters for consideration of a national CWA Recognition Award.
I means the applicant for an award.
Industrial organization means any company, corporation,
association, partnership, firm, university, not-for-profit
organization, or wastewater
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treatment facility, as well as a Federal, State or Tribal government
wastewater treatment facility, or U.S. military command to the extent
such government and other organizations operate in an ``industrial''
capacity in the treatment of wastes or abatement of pollution.
Nominee means a candidate recommended by the State or Tribe or EPA
for consideration for a CWA Recognition Award.
Political subdivision of State means a municipality, city, town,
borough, county, parish, district, association, or other public body
(including an intermunicipal agency of two or more of the foregoing
entities) created by or pursuant to State law.
State means any of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American
Samoa, and the Commonwealth of Northern Mariana Islands.
State water pollution control agency means the State agency
designated by the Governing Authority having responsibility for
enforcing State laws relating to the abatement of water pollution.
You means the applicant for an award.
Sec. 105.3 Title.
The awards are known as the National Clean Water Act Recognition
Awards (hereinafter, the Awards Program).
Eligibility Requirements
Sec. 105.4 What are the requirements for the Awards Program?
(a) EPA will administer the Awards Program, and should establish
annual guidance as necessary to administer the Awards Program. EPA will
request from the various offices, and States and Tribes as appropriate,
nominations for the Awards Program.
(b) Nominees must be in total compliance with all applicable water
quality requirements under the CWA in order to be eligible for an
award, and otherwise have a satisfactory record with respect to
environmental quality.
(c) Nominees must provide written documentation as evidence to
support their outstanding technological achievement or innovative
process, method or device in their waste treatment and/or pollution
abatement programs.
(d) EPA may issue annual guidance memoranda to administer each
year's awards programs. For information on the availability of
additional guidance, contact the U.S. Environmental Protection Agency,
Municipal Assistance Branch, 1200 Pennsylvania Avenue, NW., Mail Code
4204-M, Washington, DC 20460. You may also visit EPA's Web site at
www.epa.gov/owm.
Sec. 105.5 Who is eligible to win an award?
A municipality, city, town, borough, county, parish, district,
association, government agency, or other public body, (including an
intermunicipal agency of two or more of the foregoing entities) created
by or pursuant to State law; a company, corporation, association,
partnership, firm, university, not-for-profit organization, or
wastewater treatment facility, as well as a Federal, State or Tribal
government wastewater treatment facility, or U.S. military command to
the extent such government and other organizations operate in an
industrial capacity in the treatment of wastes or abatement of
pollution may be considered for a recognition award.
Sec. 105.6 What are the Awards Program categories for which I may be
eligible?
EPA will publish from time to time, a notice in the Federal
Register announcing the current Awards Program categories. EPA also may
subsequently discontinue, combine, or rename categories by notice
published in the Federal Register.
Application and Nomination Process
Sec. 105.7 How do I apply for an award?
You may contact your local EPA Regional office for information on
the Awards Program guidance each year, or check the Web site at http://www.epa.gov/owm/intnet.htm. EPA may use an application or nomination
process, as appropriate for the program or Region.
Sec. 105.8 When can I apply for an award?
You can contact your local EPA Regional office for award submission
deadline information which may vary for the award categories, or check
the Web site at http://www.epa.gov/owm/intnet.htm.
Sec. 105.9 How can I get nominated for an award?
You may apply to, or ask your State, Tribe or EPA Region to
nominate you for an award. Only applications or nominations recommended
by EPA Regions are considered for the national award. EPA personnel
conduct compliance evaluations prior to presenting a national award.
Selection Criteria
Sec. 105.10 What do I need to be considered for an award?
Your facility or pollution abatement program must be in total
compliance with all applicable water quality requirements, and
otherwise have a satisfactory record with respect to environmental
quality. Additionally, your facility or pollution abatement program
must provide written documentation as evidence of an outstanding
technological achievement or an innovative process, method or device
demonstrated in the preceding year, which resulted in environmental
benefits, cost savings and/or public acceptance.
Sec. 105.11 Who selects the award winners?
After EPA receives the completed application, the application is
evaluated by a review committee. After the review committee completes
its evaluation of the programs that have been nominated, they make
recommendations for the national awards. EPA then analyzes the results
and selects the award winners.
Sec. 105.12 How is the awards review committee selected?
EPA review committee members are selected by the EPA and in some
cases, State or Tribal water pollution control agencies. The number of
participants in a nominations review process is based on staff
availability, and may be one person.
Sec. 105.13 How are the award winners selected?
Nominees and applications are recommended by EPA regions. EPA
personnel conduct compliance evaluations prior to presenting a national
award. EPA selects national award winners based on demonstrated
evidence of outstanding and/or innovative wastewater treatment and
pollution abatement programs or projects which result in environmental
benefits, cost savings and/or public acceptance. Based upon results of
review committee evaluations, the Agency selects first place winners
for a national award in the appropriate awards categories. A second
place winner may or may not be selected. EPA may or may not select an
award winner for every awards program category. Award decisions are not
subject to administrative review.
Awards Recognition
Sec. 105.14 How are award winners notified?
EPA notifies national award winners by letter.
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Sec. 105.15 How are award winners recognized?
EPA presents national award winners with a certificate or plaque at
an awards presentation ceremony as recognition for an outstanding
technological achievement or an innovative process, method or device in
wastewater treatment and/or pollution abatement programs. The President
of the United States, the Governor of the State, or Tribal leader of
the jurisdiction reservation in which the awardee is situated, the
Speaker of the House of Representatives and the President pro tempore
of the Senate are notified by the Administrator.
Sec. 105.16 How are award winners publicized?
EPA announces the annual national recognition award winners through
notice published in the Federal Register.
[FR Doc. 02-3096 Filed 2-7-02; 8:45 am]
BILLING CODE 6560-50-P