[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]



[[Page 6137]]

-----------------------------------------------------------------------

Part VI





Environmental Protection Agency





-----------------------------------------------------------------------



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]]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

[[Page 6139]]

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

[[Page 6140]]

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,

[[Page 6141]]

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

[[Page 6142]]

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.
------------------------------------------------------------------------
 
                 *        *        *        *        *
              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
 
                  *        *        *        *        *
------------------------------------------------------------------------


    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

[[Page 6143]]

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.

[[Page 6144]]

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