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Lauren JonesEPA – Headquarters
Office of Enforcement Compliance Assurance
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Brenda SixburyDPRA Incorporated
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What is a SNC?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
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How are SNCs Identified in RCRAInfo?
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
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What is Day Zero?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.
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What is Day Zero? (cont.)What is Day Zero? (cont.)
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What is SNY Date?What is SNY Date?
Date used to show that an enforcement action is addressing a specific SNC designation
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Classifications of SNCsClassifications of SNCs
Addressed
State
EPA
On a Compliance Schedule (subset of Addressed SNCs)
State
EPA
Unaddressed
State
EPA
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Addressed SNCsAddressed 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)
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Addressed SNCs (cont.)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
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Addressed SNCs (cont.)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
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Addressed SNCs (cont.)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.
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Data Example for Addressed SNCData Example for Addressed SNC
Evaluation Information:
Handler ID Agency Eval. Type Start Date Day Zero
OHDTSTCME000 S CEI 07/01/2009 07/01/2009
OHDTSTCME000 S SNY 01/02/2010 07/01/2009
Violation Information (linked to CEI evaluation above):
Handler ID Agency Determined Date Violation Type
OHDTSTCME000 S 07/01/2009 262.B
OHDTSTCME000 S 07/01/2009 262.C
Enforcement Information (linked to Violations above):
Handler ID Agency Enf. Type Action Date SNY Date
OHDTSTCME000 S 210 01/05/2010 01/02/2010
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SNCs on a Compliance ScheduleSNCs 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
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Unaddressed SNCsUnaddressed 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
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Additional Classifications of SNCsAdditional 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
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Beginning of Year (BOY) Classification
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.
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Additional Classification InformationAdditional 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
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State Designation vs. EPA Designation
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
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Removing SNC StatusRemoving 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.
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When Can the SNC Status be Removed?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
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Incorrect SNC DesignationIncorrect 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” or “SHOULD NOT BE A SNC” (not case sensitive) in the Notes field
Enter an SNN with the Evaluation Start Date one day 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” or “SHOULD NOT BE A SNC” is not entered into the Notes field, the facility will be a SNC until a subsequent SNN record is entered.
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Current SNC CountsCurrent SNC Counts
State EPA Total
SNCs 788 235 1015*
Addressed 287 68 354
On a Compliance Schedule
71 7 78
Unaddressed 501 167 663
* 8 facilities are classified by both the State and EPA as a SNC
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Questions?Questions?
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Training Handler IDTraining Handler ID
OHDTSTSNC??? -- ABC Corporation
??? = Your Computer Number
