[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR270.5]



[Page 316-318]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION 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



[[Page 317]]



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:

    (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



[[Page 318]]



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 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]