SIGNIFICANT NON-COMPLIERS (SNCs)

1. SIGNIFICANT NON-COMPLIERS (SNCs) RCRAInfo 2008 National Users Conference

2. What is a SNC? • Designation of a facility’s OVERALL behavior in regards to compliance of RCRA Subtitle C regulations • Caused actual exposure to hazardous waste or hazardous waste constituents • Chronic or recalcitrant violator • Deviate substantially from the terms of a permit, order, agreement or from RCRA statutory or regulatory requirements

3. How are SNCs Identified in RCRAInfo? • SNY evaluations by an agency without a subsequent SNN evaluation by the same agency • Only “S”tate and “E”PA responsible agencies can designate a SNC Page 3 of 23

4. What is Day Zero? • Date used to evaluate timeliness in regards to the standards outlined in the 2005 Enforcement Response Policy (ERP) • Evaluation Start Date of a non-followup* evaluation by this agency • Latest Enforcement Date for an 810 or 820 action • The date a facility is reclassified as a secondary violator * Non-followup evaluations = CEI, CAV, CAC, GME, FRR, FDS, NRR, OAM, and FCI. Page 4 of 23

5. What is Day Zero? (cont.) Page 5 of 23

6. What is SNY Date? • Date used to show that an enforcement action is addressing a specific SNC designation Page 6 of 23

7. Classifications of SNCs • Addressed • State • EPA • On a Compliance Schedule (subset of Addressed SNCs) • State • EPA • Unaddressed • State • EPA Page 7 of 23

8. Addressed SNCs • The facility is a SNC and the violations linked to the evaluations referred to by the Day Zero date have been addressed by an approved formal enforcement action • The facility is a SNC and the SNY evaluation has been addressed by an approved “orphan” enforcement action • The facility is a SNC and the responsibility has been transferred to another responsible agency (State transfers to EPA, or EPA transfers to the State) Page 8 of 23

9. Addressed SNCs (cont.) • The facility is a SNC and the violations linked to the evaluations referred to by the Day Zero date have been addressed by an approved formal enforcement action • The Facility has an SNY evaluation issued by the agency (State or EPA) which has not been superceded by an SNN evaluation issued by the same agency; • All of the violations that are the responsibility of the agency issuing the SNY that are linked to the evaluation(s) referred to by the Day Zero date are linked to an approved formal enforcement action*; • The approved formal enforcement action(s)* was issued by the same agency with an SNY date equal to the Evaluation Start Date of the SNY evaluation. * Approved formal enforcement action = 210-219, 310-319, 380, 385, 410-439, 510-519, 530-539, 610-639, 830-869 Page 9 of 23

10. Addressed SNCs (cont.) • The facility is a SNC and the SNY evaluation has been addressed by an approved “orphan” enforcement action • The Facility has an SNY evaluation issued by the agency (State or EPA) which has not been superceded by an SNN evaluation issued by the same agency; • An approved formal enforcement action* issued by the same agency exists that is not linked to any violation; • The approved “orphan” formal enforcement action* has an SNY date equal to the Evaluation Start Date of the SNY evaluation. * Approved formal enforcement action = 210-219, 310-319, 380, 385, 410-439, 510-519, 530-539, 610-639, 830-869 Page 10 of 23

11. Addressed SNCs (cont.) • The facility is a SNC and the responsibility has been transferred to another responsible agency (State transfers to EPA, or EPA transfers to the State) • The Facility has an SNY evaluation issued by the agency (State or EPA) which has not been superceded by an SNN evaluation issued by the same agency; • All of the violations linked to the evaluation(s) referred to by the Day Zero date are linked to an 810 (to refer to EPA) or 820 (to refer to State) enforcement action; • The 810/820 enforcement action has an SNY date equal to the Evaluation Start Date of the SNY evaluation. Page 11 of 23

12. Data Example for Addressed SNC Evaluation Information: Handler ID Agency Evaluation Type Start Date Day Zero FLDTEST1 S CEI 10/01/2008 10/01/2008 FLDTEST1 S SNY 10/15/2008 10/01/2008 Violation Information (linked to CEI evaluation above): Handler ID Agency Determined Date Violation Type FLDTEST1 S 10/01/2008 262.B FLDTEST1 S 10/01/2008 262.C Enforcement Information (linked to Violations above): Handler ID Agency Enforcement Type Action Date SNY Date FLDTEST1 S 210 11/01/2008 10/15/2008 Page 12 of 23

13. SNCs on a Compliance Schedule • Meets Addressed SNC Definition (Subset of Addressed SNC Universe) • All the violations that are the responsibility of the agency issuing the SNY that are linked to the evaluation(s) referred to by the Day Zero date have a Scheduled Compliance Date Page 13 of 23

14. Unaddressed SNCs • The Facility has an SNY evaluation issued by the agency (State or EPA) which has not been superceded by an SNN evaluation issued by the same agency; • Does not meet the Addressed SNC definition Page 14 of 23

15. Additional Classifications of SNCs • Beginning of Year (BOY) Addressed • State • EPA • Beginning of Year (BOY) On a Compliance Schedule • State • EPA • Beginning of Year (BOY) Unaddressed • State • EPA Page 15 of 23

16. Beginning of Year (BOY) Classification • Addressed – The site met the conditions of Addressed SNC on the first day of the current federal fiscal year • On a Compliance Schedule – The site met the conditions of On a Compliance Schedule on the first day of the current federal fiscal year • Unaddressed – The site is a SNC but did not meet the conditions of Addressed SNC on the first day of the current federal fiscal year Note: The federal fiscal year begins on October 1. Page 16 of 23

17. Additional Classification Information • Information released to public (i.e., Envirofacts), will not contain agency designation of SNC • Addressed • On a Compliance Schedule • Unaddressed • BOY Addressed • BOY On a Compliance Schedule • BOY Unaddressed Page 17 of 23

18. State Designation vs. EPA Designation • Agencies can classify facilities differently • RCRAInfo tracks designation for both responsible agencies (State / EPA) • Activity Locations can classify facilities differently • Only the Agency / Activity Location who designated the SNC may remove the facility from being a SNC Page 18 of 23

19. Removing SNC Status • Agency that entered the SNY evaluation must enter an SNN record. • A SNN record will negate ALL SNY evaluation records occurring before the SNN record. • One SNY record will designate a facility as a SNC. There is no need to enter additional SNY records for the facility until an SNN record has been entered. Page 19 of 23

20. When Can the SNC Status be Removed? • Facility is placed on an enforceable compliance schedule (ERP definition) • Conditions specified by the Implementer have been met • Removing the SNC Status does not mean the facility is in full physical compliance • If a compliance schedule date is missed, facility’s SNC status should be re-evaluated Page 20 of 23

21. Incorrect SNC Designation • Delete the incorrect SNY or SNN Evaluation • Enter an SNN with the same Evaluation Start Date as the SNY record and enter “NOT A SNC” (not case sensitive) in the Notes field • Enter an SNN with the Evaluation Start Date one date after the SNY Evaluation Start Date (facility will be a SNC for one day) Note: If an SNY and SNN have the same Evaluation Start Date and “NOT A SNC” is not entered into the Notes field, the facility will be a SNC until a subsequent SNN record is entered. Page 21 of 23

22. Current SNC Counts * 11 facilities are classified by both the State and EPA as a SNC Page 22 of 23

23. Questions? Page 23 of 23