[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR270.5]

[Page 275-277]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 270--EPA ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM--Table of Contents
 
                     Subpart A--General Information
 
Sec. 270.5  Noncompliance and program reporting by the Director.

    The Director shall prepare quarterly and annual reports as detailed 
below. When the State is the permit-issuing authority, the State 
Director shall submit any reports required under this section to the 
Regional Administrator. When EPA is the permit-issuing authority, the 
Regional Administrator shall submit any report required under this 
section to EPA Headquarters. For purposes of this section only, RCRA 
permittees shall include RCRA interim status facilities, when 
appropriate.
    (a) Quarterly reports. The Director shall submit quarterly narrative 
reports for major facilities as follows:
    (1) Format. The report shall use the following format:

[[Page 276]]

    (i) Information on noncompliance for each facility;
    (ii) Alphabetize by permittee name. When two or more permittees have 
the same name, the lowest permit number shall be entered first; and
    (iii) For each entry on the list, include the following information 
in the following order:
    (A) Name, location, and permit number of the noncomplying permittee.
    (B) A brief description and date of each instance of noncompliance 
for that permittee. Instances of noncompliance may include one or more 
of the kinds set forth in paragraph (a)(2) of this section. When a 
permittee has noncompliance of more than one kind, combine the 
information into a single entry for each such permittee.
    (C) The date(s) and a brief description of the action(s) taken by 
the Director to ensure compliance.
    (D) Status of the instance(s) of noncompliance with the date of the 
review of the status or the date of resolution.
    (E) Any details which tend to explain or mitigate the instance(s) of 
noncompliance.
    (2) Instances of noncompliance to be reported. Any instances of 
noncompliance within the following categories shall be reported in 
successive reports until the noncompliance is reported as resolved. Once 
noncompliance is reported as resolved it need not appear in subsequent 
reports.
    (i) Failure to complete construction elements. When the permittee 
has failed to complete, by the date specified in the permit, an element 
of a compliance schedule involving either planning for construction (for 
example, award of a contract, preliminary plans), or a construction step 
(for example, begin construction, attain operation level); and the 
permittee has not returned to compliance by accomplishing the required 
element of the schedule within 30 days from the date a compliance 
schedule report is due under the permit.
    (ii) Modifications to schedules of compliance. When a schedule of 
compliance in the permit has been modified under Sec. 270.41 or 
Sec. 270.42 because of the permittee's noncompliance.
    (iii) Failure to complete or provide compliance schedule or 
monitoring reports. When the permittee has failed to complete or provide 
a report required in a permit compliance schedule (for example, progress 
report or notice of noncompliance or compliance) or a monitoring report; 
and the permittee has not submitted the complete report within 30 days 
from the date it is due under the permit for compliance schedules, or 
from the date specified in the permit for monitoring reports.
    (iv) Deficient reports. When the required reports provided by the 
permittee are so deficient as to cause misunderstanding by the Director 
and thus impede the review of the status of compliance.
    (v) Noncompliance with other permit requirements. Noncompliance 
shall be reported in the following circumstances:
    (A) Whenever the permittee has violated a permit requirement (other 
than reported under paragraph (a)(2)(i) or (ii) of this section), and 
has not returned to compliance within 45 days from the date reporting of 
noncompliance was due under the permit; or
    (B) When the Director determines that a pattern of noncompliance 
exists for a major facility permittee over the most recent four 
consecutive reporting periods. This pattern includes any violation of 
the same requirement in two consecutive reporting periods, and any 
violation of one or more requirements in each of four consecutive 
reporting periods; or
    (C) When the Director determines significant permit non-compliance 
or other significant event has occurred such as a fire or explosion or 
migration of fluids into a USDW.
    (vi) All other. Statistical information shall be reported quarterly 
on all other instances of noncompliance by major facilities with permit 
requirements not otherwise reported under paragraph (a) of this section.
    (b) Annual reports--(1) Annual noncompliance report. Statistical 
reports shall be submitted by the Director on nonmajor RCRA permittees 
indicating the total number reviewed, the number of noncomplying 
nonmajor permittees, the number of enforcement actions, and number of 
permit modifications extending compliance deadlines. The

[[Page 277]]

statistical information shall be organized to follow the types of 
noncompliance listed in paragraph (a) of this section.
    (2) In addition to the annual noncompliance report, the Director 
shall prepare a ``program report'' which contains information (in a 
manner and form prescribed by the Administrator) on generators and 
transporters and the permit status of regulated facilities. The Director 
shall also include, on a biennial basis, summary information on the 
quantities and types of hazardous wastes generated, transported, 
treated, stored and disposed during the preceding odd-numbered year. 
This summary information shall be reported in a manner and form 
prescribed by the Administrator and shall be reported according to EPA 
characteristics and lists of hazardous wastes at 40 CFR part 261.
    (c) Schedule. (1) For all quarterly reports. On the last working day 
of May, August, November, and February, the State Director shall submit 
to the Regional Administrator information concerning noncompliance with 
RCRA permit requirements by major facilities in the State in accordance 
with the following schedule. The Regional Administrator shall prepare 
and submit information for EPA-issued permits to EPA Headquarters in 
accordance with the same schedule.

    Quarters Covered by Reports on Noncompliance by Major Dischargers
                    [Date for completion of reports]
January, February, and March..............  \1\ May 31
April, May, and June......................  \1\ August 31
July, August, and September...............  \1\ November 30
October, November, and December...........  \1\ February 28

\1\ Reports must be made available to the public for inspection and
  copying on this date.


[48 FR 14228, Apr. 1, 1983, as amended at 48 FR 30113, June 30, 1983]