2005 RCRAInfo National Users Conference August 2 – 5, 2005

1. Everything You Ever Wanted to Know About Designating a RCRA Significant Non-Compliers (SNC) 2005 RCRAInfo National Users Conference August 2 – 5, 2005 Nashville, TN

2. Topics to Discuss • What is a SNC? • How are SNCs identified in RCRAInfo? • What categories of SNC are there? • Can different agencies designate a site differently when it comes to SNC? • How is SNC turned off? Who has to turn if off? When? • Is the site now in-compliance? • What if there is a missed compliance schedule? • What if the site was identified as a SNC, but it should not have been? • Conversion of SNCs in V3 • Question?

3. What is a SNC? Civil Enforcement Response (ERP) Policy definition: Significant Non-Compliers (SNCs) are those violators that have caused actual exposure or a substantial likelihood of exposure to hazardous waste or hazardous waste constituents; are chronic or recalcitrant violators; or deviate substantially from the terms of a permit, order, agreement or from RCRA statutory or regulatory requirements. Violators are “persons” within the meaning of RCRA § 1004(15).

4. How are SNCs Identified in RCRAInfo? • Designating SNCs in RCRAInfo has gotten very easy with V3. If the site has an SNY evaluation record located in the cevaluation3 table and it has not been followed by an SNN evaluation record issued by the same agency as the SNY, it is a SNC, else it is not. • New business rule: only EPA (agency type “E”) or State (agency type “S”) will be allowed to enter an SNY or SNN evaluation record. No other agency types will be allowed to enter or save SNY or SNN data. • Existing SNY and SNN records entered by contractors will be converted to the appropriate State or EPA agency that the contractor works for. All State and EPA identified SNY and SNN records will be converted as is.

5. What Categories of SNC Are There? All SNC Universes will reside in the table hreport_univ3 and will be set automatically every three (3) hours during the execution of the Universe calculation program. There are twelve (12) new Significant Non-Complier (SNC) universes plus the overall SNC universe. • STATE_UNADDRESSED_SNC: Is a site which has been identified as been a SNC by the State agency and the State has not issued an informal enforcement action for one or more State violation determined on or after Day Zero of the SNY. If a site has an SNY evaluation issued by a State, which has not been superceded by an SNN evaluation issued by the State, and for State violations which occurred on or after Day Zero of the SNY, one or more of these State violations does not have a State enforcement action identified as addressing the SNC (sny_date = eval_start_date of the SNY). Also SNC sites with no violations and no enforcement action. - BOY_STATE_UNADDRESSED_SNC: means that thesite was a STATE_UNADDRESSED_SNC on the first day of the current fiscal year.

6. What Categories of SNC Are There? (continued) • STATE_ADDRESSED_SNC: Is a site which has been identified as been a SNC by the State agency and the State has not issued a formal enforcement action for one or more State violations determined on or after Day Zero of the SNY. If a site has a SNY evaluation issued by a State, which has not been superceded by an SNN evaluation issued by the State, and for State violations which occurred on or after Day Zero of the SNY, every one of those State violations must have a State enforcement action identified as addressing the SNC (sny_date = eval_start_date of the SNY) with an enf_type equal to or greater than 200. - BOY_STATE_ADDRESSED_SNC: means that thesite was a STATE_ADDRESSED_SNC on the first day of the current fiscal year.

7. What Categories of SNC Are There? (continued) • STATE_ SNC_WITH_COMP_SCHED: Is a site which has been identified as been a SNC by the State agency and the State has a formal enforcement action for ALL State violations determined on or after Day Zero of the SNY and all these violations have a State enforceable scheduled compliance date. If a site has an SNY evaluation issued by a State, which has not been superceded by an SNN evaluation issued by the State, and for all State violations which occur on or after Day Zero of the SNY, every one of those State violations has a State enforceable compliance schedule (scheduled_compliance_date in table cln_violation_enforcement3). - BOY_STATE_SNC_WITH_COMP_SCHED: means that thesite was a STATE_SNC_WITH_COMP_SCHED on the first day of the current fiscal year.

8. What Categories of SNC Are There? (continued) If EPA issues an SNY evaluation of a site, the following EPA SNC indicators will work just like the State SNC indicators, except the agency will equal EPA. - EPA_UNADDRESSED_SNC - BOY_EPA_UNADDRESSED_SNC - EPA_ADDRESSED_SNC - BOY_EPA_ADDRESSED_SNC - EPA_SNC_WITH_COMP_SCHED - BOY_EPA_SNC_WITH_COMP_SCHED

9. What Categories of SNC Are There? (continued) SNC Informationis nationally defined, required, and releasable – but when releasing SNC information to the public, the public will only see that the site is: - UNADDRESSED_SNC - BOY_UNADDRESSED_SNC - ADDRESSED_SNC - BOY_ADDRESSED_SNC - SNC_WITH_COMP_SCHED - BOY_SNC_WITH_COMP_SCHED There will be no designation by agency in the description of SNC to the public. If either agency (State or EPA) designate the site as a SNC in any of the categories, the public will see it a SNC in that category.

10. Can the State & EPA Designate the Same Site Differently When it Comes to SNC? • YES! There are many reasons why these agencies could see the site differently. • RCRAInfo will show how each agency views the site as it pertains to SNC. • Only the agency (State or EPA) who designated the site as a SNC (entered the SNY evaluation record) can remove the site from SNC (enter an SNN evaluation record).

11. How is SNC Turned Off? Who Has to Turn if Off? When? • SNC is turned off by entering an SNN evaluation record. This must be done by the same agency that designated the site as a SNC (entered the SNY evaluation record). • Only one SNY needs to be entered to put a facility in SNC. Therefore, once the site has been identified as a current SNC (any category) by the agency, no other SNY evaluation records are needed. (Do not enter additional SNY evaluation records.) • To remove a site from SNC status, the same agency who entered the SNY evaluation record must enter a SNN evaluation record. This will remove the site from SNC status for that agency, regardless of how many SNY have been entered by that agency, all will be turned off by this one SNN evaluation record.

12. How is SNC Turned Off? Who Has to Turn if Off? When? (continued) When should a site be removed from SNC status? • Per the ERP, a site should be removed from SNC status once it is placed on an enforceable compliance schedule (all that agency’s violations entered on or after day_zero of the SNY record, must have a schedule_compliance_date). At this time a SNN evaluation record should be entered, by the same agency that entered the SNY record, to remove the site from SNC status. • Some Implementers want to keep the site in SNC status until other conditions have been met, in this case the Implementer will choose not to enter the SNN record until those conditions have been met. If the site has been placed on an enforceable compliance schedule, the site will be classified as a SNC_WITH_COMP_SCHED for that agency (all that agency’s violations entered on or after day_zero of the SNY record, must have a schedule_compliance_date).

13. Is the Site Now In-Compliance? NO! • If the site has any violations which have not returned to compliance, (does not have a date in the field: actual_rtc_date in the cviolation3 table) the site is out-of-compliance. • To be in-compliance, all violations, regardless of who determined the violation or when it was determined, must have a returned to compliance date (have a date in the field: actual_rtc_date in the cviolation3 table)

14. What If There Is A Missed Compliance Schedule? Missed Compliance Schedules: For purposes of data entry, if a SNC is placed on a compliance schedule and an SNN is entered but the site misses its compliance schedule, the Implementer should re-evaluate the facility and determine if a new SNC designation should be entered. If a new SNC designation is warranted, then the Implementer should enter a SNY record. If a SNC is placed on a compliance schedule and an SNN was not entered the site would be classified as a “SNC With a Compliance Schedule Established” and will remain in this classification regardless of whether or not the site misses the scheduled compliance date. If the compliance schedule is misses, the Implementer should re-evaluate the site and determine if a new enforcement action, with a new scheduled compliance date should be issued.

15. What if the Site Was Identified as a SNC, But it Should Not Have Been? • There are times when data entry errors occur and a site is identified as a SNC when it should not have been. If this happens, the agency which identified the site as a SNC has two choices: • Enter an SNN with the same eval_start_date as the SNY record and enter the following as the first words in the evaluation notes field for the SNY record: FACILITY SHOULD NOT BE A SNC. If this is done, the site will not be counted as a SNC at all. • Enter an SNN with the eval_start_date one day after the eval_start_date of the SNY record. If this is done, the site will be a SNC for 1 day. Note: If the same agency enters an SNY and an SNN on the same day, with out FACILITY SHOULD NOT BE A SNC as the first words in the notes field, the site will remain in SNC until a subsequent SNN is entered by that agency.

16. Conversion of SNCs in V3 Conversion of Class 1/Priority 9 Violations to Preserve SNC History • With the removal of Violation Class and Priority, the use of Violation Class 1/ Priority 9 to designate SNCs will go away. To retain historical data for these, SNY and SNN evaluation records will be generated for Class 1/Priority 9 violations that occurred between 10/01/1990 and 09/30/98 as follows: • SNY: If the violation class = ‘1' and priority = ‘9', check to see if there is an existing SNY evaluation with the same eval_start_date = determined_date and eval_agency = determined_by_agency. • If one exists, do not generate an SNY evaluation record and check to see if an new SNN record is needed per the inspections below. • If one does not exist, generate an SNY evaluation record where eval_start_date = determined_date,eval_agency = determined_by_agency, and userid = Conv3. Then check to see if a new SNN record is needed per the inspections below.

17. Conversion of SNCs in V3 (continued) Conversion of Class 1/Priority 9 Violations to Preserve SNC History (continued) • SNN: If the violation class = ‘1' and priority = ‘9', and if the actual_rtc_date is null do not generate an SNN evaluation record. If the actual_rtc_date is not null, check to see if there exists an SNN evaluation with the same determined_date as this actual_rtc_date and with the same determined_by_agency as this eval_agency. • If one exists, do not generate an SNN evaluation record. • If one does not exist, generate an SNN evaluation record where eval_start_date = actual_rtc_date, eval_agency = determined_by_agency, and userid = Conv3. • Prior to beginning the conversion of class 1/priority 9 violations, the current SNC status for EPA and State is noted. If after using the conversion process above, the site was removed from either SNC, an additional SNY for that agency will be generated using the day following the last SNN generated by the conversion for that agency, to preserve the site’s current SNC status for that agency.

18. Questions?