[Federal Register Volume 60, Number 183 (Thursday, September 21, 1995)]
[Notices]
[Pages 48982-48991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23439]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5300-2]


Border Environment Cooperation Commission Guidelines

AGENCY: Border Environment Cooperation Commission (BECC).

ACTION: Notice.

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SUMMARY: This notice announces the availability of the BECC Guidelines 
for Project Submission and Criteria for Project Certification document 
to the public.

FOR FURTHER INFORMATION OR A COPY CONTACT: April Lander, Manager-
Environmental Program, Border Environment Cooperation Commission, P.O. 
Box 221648, El Paso, TX 79913, tel. (011-52-16) 29-23-95, fax (011-52-
16) 29-23-97, Email [email protected].

SUPPLEMENTARY INFORMATION: A report to the public discussing BECC 
responses to public comment is also available to the public. For 
further information or a copy contact April Lander, H. Roger 
Frauenfelder, General Manager, Border Environment Cooperation 
Commission, P.O. Box 221648, El Paso, TX 79913.


[[Page 48983]]

    Dated: September 11, 1995.
H. Roger Frauenfelder,
General Manager.

BECC Guidelines for Project Submission and Criteria for Project 
Certification

I. Authority

    These guidelines and criteria are adopted under the authority of 
the November 1993 Agreement Between the Government of the United States 
of America (U.S.) and the Government of the United Mexican States 
(Mexico) Concerning the Establishment of a Border Environment 
Cooperation Commission (BECC) and a North American Development Bank 
(NADBank) (Agreement) which authorizes the BECC Board of Directors 
(Board) to determine its general operational and structural policies as 
may be necessary or appropriate to conduct BECC business.

II. Program Purpose

    The purpose of BECC is to help preserve, protect, and enhance the 
environment of the border region in order to advance the well-being of 
the people of the United States and Mexico and achieve sustainable 
development. In carrying out this purpose, BECC will cooperate as 
appropriate with the NADBank and other national and international 
institutions, and with private sources supplying capital for 
environmental infrastructure projects in the border region.

III. Program Scope

    In carrying out its purpose, BECC will: (1) assist states and 
localities and other public entities, and private investors in (A) 
coordinating, preparing, developing, implementing, and overseeing 
environmental infrastructure projects; (B) assisting with planning, 
design, construction management, operation and maintenance; (C) 
providing technical assistance to applicants in the development of 
proposals, project feasibility planning, engineering design, and 
environmental assessments; (D) assessing the technical and financial 
feasibility of projects; (E) evaluating social, environmental, and 
economic benefits of projects; (F) organizing, developing, and 
arranging public and private financing for projects; (G) assisting with 
the development of a comprehensive public outreach and participation 
plan, and (2) certify projects for financing by the NADBank or other 
sources.
    Projects located within 100 km (62 miles) on either side of the 
U.S./Mexico border may be considered for certification. Projects 
outside this region may be considered for certification only if the 
BECC, with concurrence of the U.S. Environmental Protection Agency 
(EPA) and the Mexican Secretaria de Desarrollo Social, find the project 
would remedy an environmental or health problem within the 100 km (62 
mile) area.
    In certifying projects, or in providing technical assistance, BECC 
shall give preference to projects relating to:
    (a) water pollution,
    (b) wastewater treatment,
    (c) municipal solid waste management, and
    (d) related matters.
    Potential water pollution projects could include, but are not 
limited to:
    (a) potable water treatment,
    (b) water supply systems,
    (c) water pollution prevention, and
    (d) projects to improve or restore the quality of water resources.
    Potential wastewater treatment projects could include, but are not 
limited to:
    (a) wastewater collection systems,
    (b) wastewater treatment plants,
    (c) water reuse systems, and
    (d) systems for treatment and beneficial use of sludge.
    Potential municipal solid waste projects could include, but are not 
limited to:
    (a) landfills,
    (b) solid waste collection and disposal, and
    (c) reuse, recycling, or waste-to-energy projects.
    Related projects include projects which in some way directly or 
indirectly correspond to the three priority areas described above. 
Interpretation of this term will be at the discretion of the BECC Board 
of Directors on a case-by-case basis.
    The BECC acknowledges the importance of the environmental goals and 
objectives embodied in the following international agreements: 
Agreement on Cooperation for the Protection and Improvement of the 
Environment in the Border Area (La Paz Agreement) the North American 
Free Trade Agreement (NAFTA), and the North American Agreement on 
Environmental Cooperation as well as other agreements undertaken by the 
United States or Mexico.

IV. Definition of Terms

    Advisory Council. Advisory Council of the BECC. The Council has 
eighteen members, nine from the United States and nine from Mexico. The 
Council may provide advice to the Board of Directors or the General 
Manager on any matter within the scope of BECC functions, including 
certifications, and may perform such other functions as directed by the 
BECC Board of Directors. The BECC shall consult with the Council 
regarding community participation and requests for technical 
assistance.
    Agreement. Agreement Between the Government of the United States of 
America and the Government of the United Mexican States Concerning the 
Establishment of a Border Environment Cooperation Commission and a 
North American Development Bank dated November 1993.
    Applicant. States and localities, other public entities, and 
private investors which submit proposals for certificates or technical 
assistance to the BECC. Applicants may include individuals, non-profit 
organizations, and non-governmental organizations.
    Appropriate Technology. Technology which closely matches the level 
of technology used with the ability of the local user to operate and 
maintain the system without creating dependency on high levels of 
resource inputs from outside the community and without adding 
significant stress to the environment or the social fabric of the 
community.
    Board of Directors. Board of Directors of the BECC. The Board has 
ten directors, five from the United States and five from Mexico. The 
Board determines general operational and structural policies for the 
BECC, evaluates projects and certifies qualified projects pursuant to 
the Agreement.
    Certification. The approval of the BECC Board of Directors that an 
environmental infrastructure project meets the criteria for 
certification as described in the Agreement and in this document.
    Community Participation. Active and interactive involvement by 
individuals or groups who reside in an affected community, or other 
representatives officially designated by the affected community, who 
can represent the community's interest in decision-making during the 
project life cycle.
    Cultural Resources. Historical, archeological, and ethnic 
resources, both past and present.
    Environmental Infrastructure Project. A project that will prevent, 
control, or reduce environmental pollutants, improve the drinking water 
supply, or protect flora and fauna so as to improve human health, 
promote sustainable development, or contribute to a higher quality of 
life.
    General Manager. General Manager of the BECC.
    Impacts. Potential and actual environmental, social, and economic 
effects of project development and 

[[Page 48984]]
implementation. Impacts may be adverse or beneficial.
    Life Cycle Cost. Cost of the entire project from beginning to end, 
including planning, construction, operations and maintenance phases. 
Includes purchase of land, site restoration, and post-closure 
maintenance whenever applicable.
    Mitigation. Avoidance of negative impacts by not taking an action 
and/or the minimization of impacts by limiting the degree or magnitude 
of the action.
    Municipal Solid Wastes. Domestic and commercial non-hazardous waste 
accumulated by a community.
    Natural Resources. Flora, fauna, minerals, soil, surface water, 
groundwater, wetlands, and air.
    Project Life Cycle. Planning, development, construction, operation, 
closure, and post-closure phases of a project.
    Sustainable Development. Development which meets the needs of the 
current generation without compromising the needs of future generations 
to meet their own needs (Brundtland Report: Our Common Future, World 
Commission on Environment and Development, 1987, p. 43).
    User Fees. Fees paid by users of the infrastructure projects.
    Wastewater Treatment. Pre-treatment, primary, secondary, or 
tertiary treatment of a polluted liquid of diverse composition coming 
from domestic, industrial, commercial, agricultural, livestock waste, 
or other sources.
    Water Pollution. Presence of one or more contaminants in the 
environment which damage or degrade the quality of water resources.

V. Technical Assistance Proposal Submission Procedures

    Requests for technical assistance for development of proposals, 
planning and project feasibility, including community involvement in 
the process and engineering design studies, and environmental 
assessments may be submitted at any time to the General Manager with 
the Step I Project Pre-Proposal Submission Form. Funds for technical 
assistance in the form of direct grants are limited but BECC is working 
on a revolving fund to enable initial grants for planning which would 
then be paid back as part of the overall loan package if the project is 
certified by BECC and financed by NADBank. A technical assistance guide 
will be developed with public input to help potentially eligible 
project applicants in this process. Also, BECC staff is available to 
assist with general proposal guidance. BECC will give technical 
assistance priority to communities which have the least available 
resources for project development.

VI. Project Proposal Submission Procedures

A. Preapplication Communication

    Prior to project submission, project originators are highly 
encouraged to meet or communicate with BECC staff to establish 
fundamental eligibility of the proposed project and to be briefed on 
the two step BECC project submission process and the BECC technical 
assistance program.

B. Step I: Project Pre-Proposal Submission Process

    Step I is a preliminary stage in the project proposal submission 
process to be completed prior to the comprehensive project proposal as 
described in Step II: Project Proposal Submission Process. Step I 
involves completion of a simple form describing the project's basic 
parameters. These parameters will be used to establish initial project 
conformance with BECC objectives and will indicate the applicant's need 
for technical assistance. The Step I: Project Pre-Proposal Form may be 
submitted at any time to the General Manager of the BECC. After 
positive review of Step I, the Applicant may submit Step II. Applicants 
will be sent a letter acknowledging receipt of Step I within 30 days.
    The project information requested on the Step I Form includes the 
project title, project type, project sponsor information, and 
contractor, if known. Additionally, general project information is 
requested such as project location and type of technical assistance 
needed. Furthermore, information describing the project and project 
planning information is requested. In the case that not all information 
requested is available, please indicate that you are in the process of 
developing this information and include the approximate date this 
information will be provided to the BECC. The Step I Form is provided 
at the end of this document.

C. Step II: Project Proposal Submission Process

    Step II of the project submission process may be undertaken after 
completion of the Step I Form. Step II involves provision of detailed 
project proposal information, based upon the proper engineering, 
environmental, economic, financial and social studies, to the BECC in 
the following areas:
    (1) general project description,
    (2) environment and human health,
    (3) technical feasibility,
    (4) economic and financial feasibility,
    (5) social issues,
    (6) community participation,
    (7) operation and maintenance, and
    (8) sustainable development.
    Although it is not entirely necessary to have the final design of 
the project completed by the time that Step II is submitted, it is 
required that the process design is well advanced and a fairly good 
estimation of the total project cost is available, so that the NADBank 
can determine its funding feasibility. The greater the detail provided 
in the areas mentioned above, the easier it will be for the BECC staff 
to review and come up with a recommendation for certification to the 
Board of Directors.
    The proposed project must meet fundamental BECC criteria for 
certification. The project Applicant should not only provide as much 
information as possible on each of the above areas, but should describe 
and fully justify all of the components involved in the project, 
especially those related to the different fundamental criteria that 
appear in the following sections. Applicants will be sent a letter 
acknowledging receipt of Step II within 30 days.
    The BECC requests the project information be submitted in the same 
order and using the same alphanumeric system as in this document, in 
order to make the document easier to review and speed-up the 
certification process.

VII. Project Certification Criteria

    Each of the following eight categories of fundamental criteria must 
be satisfactorily met in order for projects to obtain BECC 
certification. The BECC Board of Directors, with advice from the BECC 
Advisory Council, will make the final decision on project 
certification. Certification will formally document the project's 
compliance, or ability to comply, with the fundamental criteria prior 
to submission to NADBank, or other financing sources. Certification by 
BECC is not a guarantee that NADBank will approve the project for 
financing; however, once certified, BECC will work with project 
applicants to obtain financing for the project.

1. General Project Description

Information Requested
    a. Project Applicant's. Provide information, that has changed from 
the Step I form, including, lead organization, all co-applicants, and 
contractor information, if applicable. Information should include lead 
contact persons, addresses, phone numbers, fax 

[[Page 48985]]
numbers, and Email addresses. Additionally, provide history of 
cooperation between applicants, if applicable. Provide evidence of 
financial responsibility and performance history of company contracted 
for the project, if applicable.
    b. Project Location.
    i. Describe the geographical location of the project and provide a 
site location map as well as a regional map showing the site location. 
Also, describe the area of project impact as specifically as possible. 
If possible, use a scale of 1:24000 for regional area maps and of 
1:2400 for project site maps. Provide Geographic Information System 
(GIS) maps or overlays, if available.
    ii. Describe the suitability of the proposed site, identifying such 
factors as the existence and capacity of available infrastructure, 
natural resources, etc.
    c. Environmental Issue. Describe the environmental condition or 
issue to be addressed by the project and the activities taken in 
response to the environmental condition that led up to the proposed 
project. If available, include preliminary reports.
    d. Project Alternatives. Describe the analysis of alternatives 
considered to address the environmental and or health issues.
    e. Project Justification. Justify aspects which make project 
implementation necessary, including the consequences of not 
implementing the project. Explain why the proposed project is the best 
alternative to solve the problem. Describe the net environmental 
benefit to be achieved by the project both onsite and overall. Discuss 
project strengths and weaknesses and available resources to overcome 
the weaknesses. Provide relevant health statistics, environmental 
monitoring results, or other materials, if available, documenting the 
justification.
    f. Transboundary Aspects. Discuss difficulties and opportunities, 
if any, created by projects which are located in and/or impact both the 
United States and Mexico. Explain how these difficulties might be 
resolved or opportunities taken. Consider applicable international 
agreements.
    g. Project Work Tasks. Provide a detailed list of project work 
tasks through construction. List who will complete the task, the cost 
of each task, and a time schedule for each task.
Fundamental BECC Criteria
    a. Project Location. The project must be located within 100 km (62 
miles) of the U.S./Mexican border or has been found by the BECC, in 
concurrence with the U.S. Environmental Protection Agency and the 
Mexican Secretaria de Desarrollo Social, to remedy a transboundary 
environment or health issue.
    b. Project Work Tasks. Project work tasks and budget estimates by 
task must be reasonable, in order to complete project as planned by the 
Applicant.

2. Environment and Human Health

    The goal of BECC is to help preserve, protect, and enhance the 
environment in a sustainable manner in order to improve the quality of 
life in the U.S./Mexico border region. The applicant should ensure that 
negative environmental impacts of the project have been avoided to the 
extent reasonably possible. Those negative impacts that are unavoidable 
should have been identified and considered in the project evaluation 
process, and the Applicant must ensure that appropriate safeguards have 
been included in the project for potential impacts which could cause 
damage to the environment and human health. All projects, once 
completed, must be in compliance with applicable local, regional, 
state, and federal laws, rules, standards and applicable international 
agreements.
Information Requested
    a. Documentation of Environmental Regulatory Compliance. Project 
applicants must coordinate with appropriate local, regional, state, and 
federal agencies, as early in the project planning process as possible, 
to identify all environmental impacts to natural resources. Applicants 
must demonstrate that the project will meet all applicable 
environmental regulations once the project is constructed, although all 
permits may not be completed at the time of BECC certification. Such a 
project may be certified by BECC on the condition that all 
environmental authorizations are obtained prior to construction. 
Applicants must identify for the BECC all environmental and regulatory 
authorizations that are required for completion of the project and 
demonstrate that the project is capable of meeting those regulatory 
requirements.
    i. Describe environmental action required, including no action, 
regulatory organization requiring the action, proof of action completed 
or proof of approval for method to complete the action in the future, 
and contact person.
    ii. List required authorizations (i.e. permits, licenses, etc.), 
regulatory organization providing authorizations, date authorizations 
approved or anticipated, status of authorization or proof of 
authorization approval, and contact person. Such information should 
include the appropriate environmental standards to be met.
    iii. Provide copies of all documents submitted to regulatory 
agencies to BECC at the time of application, and all future 
documentation when available.
    iv. Identify any environmental issues not already addressed in i.-
iii. that may be affected by project development.
    v. Provide environmental baseline studies and other environmental 
or health reports, if available. If not available, describe gaps in the 
environmental impact information.
    b. Conformance with Local and Regional Conservation and Development 
Plans. Projects submitted to the BECC must conform with local and 
regional plans as well as land use and zoning regulations.
    i. List applicable local and regional plans and regulations, agency 
(or agencies) with authority, and contact person.
    ii. Describe how the project addresses or will address the plans 
and regulations.
    c. Environmental Assessment. Every Applicant must submit an 
environmental assessment before the project may be considered for 
certification. On a case-by-case basis the BECC may certify a project 
before the assessment is ``final'' according to applicable 
environmental law. In such instances, the BECC may condition the 
certification upon successful completion of the assessment.
    i. The assessment should include an analysis of a full range of 
project alternatives, including implications of not implementing the 
project, as well as justification for the alternative chosen. 
Additionally, it should include a discussion on indirect, cumulative, 
and short, medium, and long-term positive and negative impacts on 
biological diversity, ecosystem integrity, sensitive environmental 
habitats, and human health. If negative impacts are unavoidable 
describe actions to be taken to mitigate these impact. Furthermore, 
provide an overview of environmental risks and costs, environmental 
standards and objectives of the affected area, and appropriate 
additional information which has not already been described in 
documents provided to the BECC.
    ii. Each assessment must include a discussion on transboundary 
effects. If the project is located in and/or impacts both the United 
States and Mexico, the assessment should include a discussion on 
possible effects in both countries. If the project is located in only 
one country it should include a discussion of possible impacts on the 
other country.

[[Page 48986]]

Fundamental BECC Criteria
    a. Enhancement of Environment and Human Health. All projects must 
address a critical human health and/or environmental need.
    b. Environmental Protection. Projects should achieve a high level 
of environmental protection for the affected area that results in a 
benefit to the environment or human health. Projects with negative 
impacts must provide actions to mitigate the impacts.
    c. Compliance with Applicable Environmental Regulations. All 
projects certified by the BECC must demonstrate compliance with all 
applicable local, regional, state, and federal environmental 
regulations before project operations begin. The BECC may condition its 
certification upon the Applicant's ability to comply with applicable 
environmental regulations.
    d. Environmental Assessment. Every Applicant must submit an 
environmental assessment before the project may be considered for 
certification. On a case-by-case basis, the BECC may certify a project 
before the assessment is ``final'' according to applicable domestic 
environmental laws. In such instances, the BECC may condition the 
certification upon successful completion of the assessment.
    e. Conformance with Applicable Local and Regional Plans. All 
projects must address applicable local and regional plans as well as 
land use and zoning regulations.
    f. Conformance with Applicable International Agreements. Projects 
must comply with applicable international agreements.

3. Technical Feasibility

    BECC projects must utilize appropriate technology and provide a 
close match between the level of technology used and the ability of the 
local user to operate and maintain the system without creating 
dependency on high levels of resource inputs from outside the community 
and without adding significant stress to the environment or the social 
fabric of the community.
Information Requested
    a. Project Specifications. It is necessary to include all technical 
aspects which justify the project, including a study of sensitivity 
analysis and a justification of the following factors, depending upon 
the type of project:
    i. Water Supply. Growth analysis, both mid and long range for the 
proposed planning time frame; average and peak daily consumption rate; 
characteristics of the production source, water quality analysis, water 
conservation program, pollution prevention program, description of the 
well-head protection program (for groundwater system, if any), 
transportation, and distribution infrastructure; type capacity of 
treatment and its efficiencies; estimate of design and construction 
costs, estimated annual operation, and maintenance costs; and any other 
information that will ensure a better understanding of the project.
    ii. Wastewater Treatment. Quantity and quality of wastewater to be 
treated; industrial wastewater control program; projection of the 
wastewater volume for the proposed life of the project; design of 
collection system including pumping; design of treated wastewater 
discharge or reuse systems; analysis of treated wastewater quality; 
sludge treatment system, analysis of treated sludge and final disposal 
system; stormwater pollution prevention and treatment systems if 
applicable, and any other information that will ensure a better 
understanding of the project.
    iii. Municipal Solid Waste. Projection of amounts of solid waste 
generated by the population for the proposal life of the project; 
source reduction, separation, treatment and recycling programs; areas 
of collection; description of operation efficiency; type and capability 
of proposed equipment; plan for treatment and disposal of household 
hazardous waste; recycling and waste stream reduction proposals; plan 
for the expansion, upgrade, or closure of landfills; incineration 
capabilities; composting capabilities; energy production capabilities; 
and any other information that will ensure a better understanding of 
the project.
    b. Technical Process. Use of appropriate technologies known to be 
effective is encouraged. Criteria for selection and justification of 
the chosen technology should be included with emphasis on 
appropriateness to the community and efficiency of operation.
    c. Quality Control Program. Submit the quality control plan for all 
aspects of the project. It should include contractor and equipment 
quality control and personnel training, as well as other quality 
control issues.
    d. Investment Timetable. Submit the project financing plan and the 
required sequence to be followed in order to implement different stages 
of the project. Additionally, provide project development with a 
detailed description of stages, and activities necessary to reach the 
objectives in a timely and cost-effective manner. Include a bar diagram 
showing the actions to be carried out, an investment schedule, stages 
of progress, cost and source of funds.
Fundamental BECC Criteria
    a. Appropriate Technology. BECC will only certify projects which 
use appropriate technology and which are designed to be constructed, 
operated, and maintained in a cost-effective manner to achieve the 
project's purpose.

4. Economic and Financial Feasibility

    BECC projects must show financial feasibility, considering that any 
NADBank financing will require loan repayment. Potential access to 
grants and the amount of owner equity will be key considerations in 
BECC's evaluation of financial feasibility.
Information Requested
    Applicants are requested to submit financial information that 
allows the analysis of the project's future results. All projects must 
show with a reasonable assurance, based on sound assumptions, that 
their future performance is going to be financially successful 
regardless of the project's source of funds. Specifically, the 
applicant is requested to provide the following information:
    a. Main Financial Information. This should include cash flow, 
balance sheet, income statement, and sources of financing. In case of 
an existing business, the financial information should cover the past 
five years.
    b. Planning, Construction, Operations, and Maintenance Budget. The 
Budget should show fixed and variable costs as well as expected 
revenues during the investment recovery period. It should also include 
an analysis and characterization of anticipated income sources. If a 
user fee or other dedicated revenue source is to be established, the 
budget must state clearly how the system will be set up and what 
assurances there are that users will pay.
    c. Sensitivity Analysis. Tests the impact on the results of the 
analysis from changes in one or more of the input variables.
    d. Break-Even Analysis (Operational and financial). Determine the 
level of revenues at which the project will just recover fixed and 
variable costs.
    e. Economic Benefits. Provide an analysis of the economic benefits 
of the project.
Fundamental BECC Criteria
    a. Debt Coverage. Project revenues must be sufficient to cover debt 
amortization and operation and 

[[Page 48987]]
maintenance costs with an appropriate safety margin.

5. Social Issues

    The BECC recognizes the need to assess social issues which may 
affect the success of a project. A goal of BECC is to improve quality 
of life in the border zone.
Information Requested
    a. General Information on the Community. Provide information on the 
size of the population based on the most recent census, population 
growth rate, and demographic information.
    b. Description of Local Environmental Services. Provide information 
on the current availability of environmental services (i.e. water, 
wastewater, solid waste).
    c. Potential Economic Impacts. Provide information on the number of 
people who will directly benefit if the project is implemented, as a 
percentage of the total population, and the number of people who would 
be affected directly and indirectly if the project is not implemented. 
Discuss the positive and negative impacts of the project on the 
community, including local employment, local economic development, 
social development (i.e. education, training, and institutional 
strengthening), quality of life, and other local issues.
    d. Project Impacts on Cultural Resources. Provide information about 
project impacts on cultural resources including historical, 
archeological, and ethnic resources.
    e. Other Project Impacts. Other predicted impacts on the local 
population (e.g. odors, noise, or visual impacts).
Fundamental BECC Criteria
    a. Compliance with Applicable Cultural Resource Regulations. All 
projects certified by the BECC must comply with all appropriate 
cultural resource (i.e. historical, archeological, and ethnic) 
regulations.

6. Community Participation

    In order to fulfill BECC's mission, each project submitted must 
demonstrate community acceptance. An interactive process has been 
developed to ensure meaningful community participation in the 
development and implementation of project proposals.
Information Requested
    a. Comprehensive Community Participation Plan. Before a project may 
be certified, an Applicant must submit to the BECC a ``Comprehensive 
Community Participation Plan'' that must be approved by BECC and 
implemented by the Applicant.
    Each Comprehensive Community Participation Plan will vary with the 
specifics of each project and will be designed to meet the particular 
needs of the community where the project will be located. In each case, 
the Applicant must demonstrate how the public will be meaningfully 
engaged in project development and implementation.
    Members of the BECC Board of Directors, Advisory Council, and staff 
will participate, where appropriate, in the implementation of this 
Comprehensive Plan to ensure compliance with the community 
participation criteria.
    Each Comprehensive Community Participation Plan should contain at 
least the following essential components:
    i. Local Steering Committee. The Applicant may develop a local 
steering committee made up of representatives from diverse 
organizations in the affected community (i.e. business, government, 
elected, education, academia, civic, non-profit, environment, etc.) to 
assist with all aspects of community participation. The steering 
committee may be made up of representatives from both countries if the 
proposed project is located in and/or impacts both the United States 
and Mexico.
    The local steering committee may be responsible for developing 
detailed outreach activities, disseminating information about the 
project, engaging public participation in the process, developing 
public education and media campaigns, and soliciting public acceptance. 
The local steering committee may also be involved in developing the 
Comprehensive Community Participation Plan.
    ii. Meetings with Local Organizations (Consultations). The 
Applicant must meet individually with local organizations affected by 
the project and provide information on and develop acceptance for the 
project (i.e. business, civic, community, neighborhood, environmental, 
academic, etc.).
    iii. Public Meeting. Each Applicant must hold at least one public 
meeting in the community affected by the project. If the project 
affects more than one community, a public meeting should be held in 
each community.
    The Applicant must comply with the following requirements of a 
BECC-approved public meeting:
    (1) The Applicant must provide legal notice of a public meeting to 
include the date, time, place, and agenda at least 30 days prior to the 
meeting to the BECC, in the local newspaper, and other media avenues, 
where appropriate. The legal notice must include an accessible location 
where the public may obtain the Applicant's project proposal and 
supporting documentation, in English and Spanish where appropriate, 30 
days prior to the meeting.
    (2) During the public meeting the Applicant must provide a briefing 
on the proposed project and hear public comments on the proposed 
project. The Applicant's project proposal and supporting documentation 
must be made available during the public meeting.
    (3) The Applicant must record Minutes of the public meeting to 
include the names of the participants and comments made. The Minutes 
will serve as an official record of the meeting.
    The public meeting may be conducted in conjunction with public 
meetings required to comply with existing state or federal 
environmental law as long as the state or federal agency agrees to such 
and the legal notice of a public meeting is written and published 
accordingly.
    iv. Report to BECC. The Applicant must provide a written report to 
the BECC documenting the successful completion of the Comprehensive 
Community Participation Plan. The report must include supporting 
documentation including a list of local steering committee members and 
their activities related to the project, if applicable, a list of the 
local meetings conducted, a copy of the legal notice of the public 
meeting, the minutes from the public meeting, and other such 
documentation as to demonstrate the scope and success of the public 
participation plan. The report should convey that the community 
understands and accepts the project and the associated environmental, 
health, and social benefits and associated costs such as a tariff 
increase.
    v. Post-Certification Participation Plan. The Applicant must 
develop a post-certification participation plan with a goal of 
achieving public awareness of and acceptance for the construction, 
operation, and maintenance of a facility during its life cycle.
Fundamental BECC Criteria
    a. Comprehensive Community Participation Plan. Applicants must 
submit and implement a BECC-approved Community Participation Plan that 
will consist of meeting with local organizations conducting at least 
one publicly advertised public meeting, and may utilize a local 
steering committee.
    b. Public Acceptance. The Comprehensive Community 

[[Page 48988]]
    Participation Plan report submitted to the BECC following 
implementation shall indicate the degree of public acceptance of the 
project.

7. Operation and Maintenance

    It is important to detect and correct any shortcomings in 
operations at an early stage in order to reach planned operational 
efficiency levels as soon as possible.
Information Requested
    a. Start-Up Operation Program. Establish the sequence in which 
operation of the infrastructure will be initiated, as well as how any 
projected problems or defects in equipment or workmanship will be 
identified and corrected during the start-up phase.
    b. Contingency Program. Describe actions and corrective measures to 
be taken should a contingency program be needed during start-up and 
operational phases of the project.
    c. Operation and Maintenance Program. A well-defined long-term 
operation and maintenance program is necessary. Describe the system's 
operation and maintenance program to include training and certification 
of operators, training of maintenance personnel, and preparation of 
operation and maintenance instruction material. Also quantify funds 
reserved in project budget to ensure adequate support for operation and 
maintenance program.
    d. Safety Program. An operational safety program should be an 
integral part of the operation and maintenance program.
    c. Pollution Prevention Plan. Projects having a potential for 
release of pollutants must submit a pollution prevention plan 
identifying pollutants of concern generated during operation, actions 
that will be taken to prevent or reduce their release, including 
projected year to year improvements during the life of the facility.
    f. Closure and Post-Closure Plan for Landfills. Submit a closure 
and post-closure plan which describes how waste resulting from the 
closure of the facility will be treated and disposed of, and how the 
site will be monitored after closure.
Fundamental BECC Criteria
    a. Operation and Maintenance Program. Project documents must 
include an operation and maintenance program, including an effective 
program for emergency planning, an occupational health and safety plan, 
training plan for operation and maintenance personnel, and where 
applicable, a pollution prevention plan, facility closure plan, and 
post-closure plan.

8. Sustainable Development

    Sustainable development is that which meets the needs of the 
present without compromising the ability of future generations to meet 
their own needs. The BECC adheres to this definition and the following 
sustainable development principles:
    Principle 1. Human beings are at the center of concerns for 
sustainable development. They are entitled to a healthy and productive 
life in harmony with nature;
    Princple 2. The right to development must be fulfilled so as to 
equitably meet developmental and environmental needs of present and 
future generations; and
    Principle 3. In order to achieve sustainable development, 
environmental protection shall constitute an integral part of the 
development process and cannot be considered in isolation from it.
Information Requested
    Much of the information related to a project's contribution to 
sustainable development will have been provided under previous headings 
including environment and human health; technical feasibility; economic 
and financial feasibility; social issues; community participation; and 
operation and maintenance. A proposed project may, however, have 
characteristics contributing to sustainable development that are not 
fully described under those headings. Examples of such characteristics 
are described below under the headings: conservation of natural 
resources, energy efficiency, natural resource preservation, capacity 
building, and benefits for low income communities.
    Applicants should provide as much information as possible about any 
additional development characteristics of their projects not described 
under prior headings in order to maximize their chances of attracting 
funding from sources particularly concerned with sustainable 
development. In particular, there are a number of foundations that may 
be willing to make grants in support of projects that exhibit 
additional sustainable development characteristics such as those 
described below.
    In its certification documents, BECC will give explicit recognition 
to those projects that incorporate a large number of sustainable 
development characteristics (including, but not limited to, the 
following examples) that go beyond the minimum requirements of the 
fundamental sustainable development criteria and effectively promote 
sustainable development.
Fundamental BECC Criteria
    a. Principles. Projects must adhere to the principles of 
sustainable development set forth above.
    b. Institutional and Human Capacity Building. Projects must 
demonstrate and strengthen the ability of the community for long-term 
support and maintenance, including measures to build human and 
institutional capacities.
Examples of Project Characteristics that Contribute to Sustainable 
Development
Natural Resource Management
    a. Ecosystem Management. Projects that adopt a comprehensive 
approach to natural resource management and environmental protection by 
implementing ecosystem management.
    b. Source Reduction. Projects that reduce the amount of pollution 
per unit of economic activity through more efficient use of inputs and/
or superior technology.
    c. Recycling. Projects that recycle residuals to the production of 
saleable products.
    d. Project Life Cycle Planning. Projects that combine source 
reduction and recycling into an overall product life cycle approach 
that minimizes residuals.
Technical Efficiency
    a. Project Life Cycle Cost. Projects that are designed to lower 
their life cycle cost by reducing inputs of energy, equipment, 
maintenance, and other resources.
    b. Energy Production Efficiency. Projects that increase the 
efficiency of energy production (i.e., more efficient turbines).
    c. Energy End-Use Efficiency. Projects that increase the efficiency 
of energy end use (i.e. better insulation, energy efficient lighting, 
variable speed motors).
Natural Resource Preservation
    a. Habitat Preservation or Enhancement. Projects that preserve or 
enhance a wildlife habitat such as wetlands used by migratory birds or 
a forest inhabited by an endangered species.
    b. Creation or Improvement of Parks or Reserves. Projects that 
create or improve the quality of parks, reserves, or other areas where 
people can enjoy nature.
Environmental Protection
    a. Prevention and Compliance. Projects that implement an effective 

[[Page 48989]]
    pollution-prevention program and implement an effective environmental 
compliance program.
Benefits to Low-Income Residents
    a. Jobs. Projects that provide additional long-term job 
opportunities to low-income residents.
    b. Better Environmental or Health Services. Projects that improve 
the quality of environmental or health services (i.e. clean drinking 
water in low-income communities).
    c. Other Community Enhancements. Projects that provide new 
recreational, educational, or other community development benefits.
Community Participation
    a. Education Program. Projects that include an environmental 
education program directed at schools, civic organizations, and other 
institutions.
    b. Post-Certification Participation Plan. Projects that present an 
effective post-certification plan with a goal of achieving public 
awareness.

VII. Project Certification

    After review of the proposed project, BECC staff will make a 
determination on whether to recommend certification of the project to 
the Board of Directors, based on the fundamental criteria described in 
this document. The BECC should be involved in local public meetings on 
the projects under consideration prior to certification in order to 
achieve a higher level of appreciation for public acceptance. The Board 
will certify projects during its scheduled public meetings. Projects 
certified by the Board will be submitted as a proposal for financing to 
the NADBank or to other sources of funding a appropriate. Project 
certification does not guarantee financing by the NADBank or by other 
sources.

BECC

BORDER ENVIRONMENT COOPERATION COMMISSION

STEP I

FORM FOR PRESENTING PROJECTS FOR CERTIFICATION

Date of Submittal to the BECC 
________________________________________
Date of Receipt of BECC ________________________________________

NAME AND TYPE OF PROJECT

1. NAME OF THE PROJECT:
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2. TYPE OF PROJECT:

A. ____ Water Supply.
B. ____ Wastewater Treatment.
C. ____ Solid Waste Management.
D. ____ Other Related Projects.

PRIMARY APPLICANT INFORMATION

3. NAME OF THE ORGANIZATION:-------------------------------------------
Name of Contact Person:------------------------------------------------
Position:--------------------------------------------------------------
Address:---------------------------------------------------------------
City:________________________________________State: ______ ZIP CODE: 
____________
Phone 
No.:__________________________________________________________________
____________ Fax:____________________
E-mail Address:--------------------------------------------------------

CO-APPLICANT INFORMATION (IF APPLICABLE)

4. NAME OF THE ORGANIZATION:-------------------------------------------
Name of Contact Person:------------------------------------------------
Position:--------------------------------------------------------------
Address:---------------------------------------------------------------
City:________________________________________ State: ______ ZIP 
CODE: ____________
Phone No.:__________________________________________________ Fax: 
__________
E-mail Address:--------------------------------------------------------

CONTRACTOR INFORMATION (IF APPLICABLE)

5. NAME OF THE FIRM:---------------------------------------------------
Name of Contact Person:------------------------------------------------
Position:--------------------------------------------------------------
Address:---------------------------------------------------------------
City:________________________________________ State: ________ ZIP 
CODE: ____________
Phone No.:__________________________________________________ Fax: 
__________
E-mail Address:--------------------------------------------------------

GENERAL PROJECT INFORMATION

6. LOCATION OF PROJECT SITE: Mexico______ U.S.A.______
7. NEAREST City:________________________________________ 
State:____________________
8. DISTANCE FROM NEAREST City (in miles):------------------------------
9. POPULATION OF NEAREST CITY:-----------------------------------------
10. POPULATION BENEFITED:----------------------------------------------
11. IS PROJECT WITHIN THE BORDER REGION? (62 mi either side) Yes____ 
No____
12. IF THE ANSWER TO QUESTION 11 IS NO: HOW does the Project Affect 
the Border Region?:
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[[Page 48990]]
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13. TYPE OF PROJECT: NEW SYSTEM, EXPANSION OR REHABILITATION OF 
CURRENT ONE?:
            New______            Expansion______             
Rehabilitation______

14. ESTIMATED USEFUL LIFETIME OF THE PROJECT:______years.

TECHNICAL ASSISTANCE

15. IS TECHNICAL ASSISTANCE REQUIRED?: Yes____ No____
    If the Answer is Yes, Indicate Type and Amount of Technical 
Assistance Required in Order to Complete the Documentation Necessary 
for STEP II:

(a) ____ Environmental Assessment Study................................         __________________________ $U.S.
(b) ____ Technical Feasibility and Preliminary Engineering Study.......         __________________________ $U.S.
(c) ____ Development of Project Final Design...........................         __________________________ $U.S.
(d) ____ Economic and Financial Feasibility Study......................         __________________________ $U.S.
(e) ____ Evaluation of Social and Sustainability Aspects of the Project         __________________________ $U.S.
(f) ____ Planning the Public Outreach Program..........................         __________________________ $U.S.
(g) ____ Development of the Operation and Maintenance Program..........         __________________________ $U.S.
(h) ____ Other.........................................................         __________________________ $U.S.
(i) ____ Total.........................................................         __________________________ $U.S.
                                                                                                                

DESCRIPTION OF THE PROJECT

A. IF THE PROJECT IS RELATED TO WATER SUPPLY, IT CONCERNS:

16. DEVELOPMENT OF A WATER SOURCE:....................  Yes ______                          No ______           
17. WATER TREATMENT:..................................  Yes ______                          No ______           
18. WATER DISTRIBUTION:...............................  Yes ______                          No ______           
19. CONTROL OF SUPPLY IN DISTRIBUTION SYSTEM:.........  Yes ______                          No ______           
20. PUMP STATIONS AND SUMPS:..........................  Yes ______                          No ______           
21. WATER TRANSMISSION LINES:.........................  Yes ______                          No ______           
22. OTHER: ________________                                                                                     
B. IF THE PROJECT IS RELATED TO WASTEWATER TREATMENT,                                                           
 IT CONCERNS:                                                                                                   
22. TYPE OF WASTEWATER: Municipal ______ Industrial                                                             
 ______                                                                                                         
24. SEWER SYSTEM:.....................................  Yes ______                          No ______           
25. COLLECTOR TRUNK LINES:............................  Yes ______                          No ______           
26. WASTEWATER TREATMENT PLANTS:......................  Yes ______                          No ______           
27. WATER REUSE:......................................  Yes ______                          No ______           
28. DISCHARGE OF TREATED WASTEWASTER:.................  Yes ______                          No ______           
29. TREATMENT OF WASTEWATER GENERATED SLUDGE:.........  Yes ______                          No ______           
30. DISPOSAL OF WASTEWATER GENERATED SLUDGE:..........  Yes ______                          No ______           
31. OTHER: ______________                                                                                       
C. IF THE REPORT IS RELATED TO MUNICIPAL SOLID WASTE,                                                           
 IT CONCERNS:                                                                                                   
32. RECOVERY OF RECYCLABLE MATERIALS:.................  Yes ______                          No ______           
33. TREATMENT OF MUNICIPAL SOLID WASTE:                                                                         
      ______ Composting                                                                                         
      ______ Incineration                                                                                       
      ______ Power Generation                                                                                   
34. DISPOSAL OF MUNICIPAL SOLID WASTE:                                                                          
      ______ Sanitary Landfill                                                                                  
35. OTHER: __________________________                                                                           
D. IN CASE OF OTHER RELATED PROJECTS PLEASE INDICATE                                                            
 RELATIONSHIP:                                                                                                  
36. PREVENTION, CONTROL OR REMEDIATION OF POLLUTION                                                             
 CASES RELATED TO:                                                                                              
Water Supply..........................................  Yes ______                          No ______           
Treatment of Wastewater...............................  Yes ______                          No ______           
Municipal Solid Waste Disposal........................  Yes ______                          No ______           
                                                                                                                

Indicate How the Project is Related to the Three Previously 
Mentioned Subjects:
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PROJECT PLANNING INFORMATION

THE PROJECT ALREADY HAS COMPLETED:

37. ENVIRONMENTAL ASSESSMENT STUDY:.................................  Yes ______            No ______           
38. PRELIMINARY ENGINEERING STUDY:..................................  Yes ______            No ______           
39. TECHNICAL FEASIBILITY STUDY:....................................  Yes ______            No ______           
40. ECONOMIC AND FINANCIAL FEASIBILITY STUDY:.......................  Yes ______            No ______           
41. PRELIMINARY DESIGN:.............................................  Yes ______            No ______           
42. FINAL DESIGN:...................................................  Yes ______            No ______           
43. COST ANALYSIS:..................................................  Yes ______            No ______           
44. COST ESTIMATE FOR:..............................................                                            
      Final Design Development: ________________________ $U.S.                                                  
      Construction of Facilities: ________________________ $U.S.                                                
      Operation & Maintenance (annual): ________________________                                                
       $U.S.                                                                                                    
      Financing Costs (annual): ________________________ $U.S.                                                  
                                                                                                                


[[Page 48991]]

45. ESTIMATE THE TIME REQUIRED FOR EXECUTION OF:
Planning: ________ months.
Design: ________ months.
Construction: ________ months.
Environmental Permits: ________ months.
Preparation of Site: ________ months.
Plant Start-up: ________ months.
Total Time Required: ________ months.
46. HAVE POTENTIAL SOURCES OF FINANCING BEEN IDENTIFIED: Yes ______ 
No ______
Indicate Which and the Percentage that may be Contributed by each 
(mark all that apply):
______ MUNICIPAL ______ %
______ FEDERAL ______ %
______ WORLD BANK ______ %
______ STATE ______ %
______ NADBANK ______ %
______ PRIVATE BANK ______ %
______ NON-GOVERNMENTAL ORGANIZATIONS ______ %
______ INTERAMERICAN DEVELOPMENT BANK ______ %
______ EQUITY ______ %
______ OTHER ______ %
47. WHAT WILL BE THE SOURCE OF REVENUE FOR REPAYMENT OF THE LOANS? 
(mark all that apply):
a) Government ______
b) Serviced Users ______
c) Industrial Clients ______
d) Other ______
e) In Process of Identification ______
48. PUBLIC MEETINGS HAVE BEEN HELD IN THE COMMUNITY: Yes ______ No 
______
49. PUBLIC PARTICIPATION PLAN HAS BEEN DEVELOPED: Yes ______ No 
______

ADDITIONAL INFORMATION

50. ADDITIONAL INFORMATION THAT YOU WOULD LIKE TO PROVIDE:
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The projects that will be presented to the BECC should be sent to 
either one of the following addresses:

In Mexico: Apartado Postal, Apartado Postal 3114-J, Cd. Juarez, 
Chihuahua, Mexico. Telefonos: (91-16) 29-2395, Fax: (91-16) 29-2397, 
Email: [email protected].
Office Location: Blvd. Tomas Fernandez #7940, Torres Campestre, Piso 
6, Cd. Juarez, Chihuahua C.P. 32470, Mexico.
In the United States: Post Office Box, P.O. Box 221648, El Paso, TX 
79913, USA. Phone: (011-52-16) 29-2395, Fax: (011-52-16) 29-2397, 
Email: [email protected].

[FR Doc. 95-23439 Filed 9-20-95; 8:45 am]
BILLING CODE 6560-50-M