[Title 40 CFR 144.8]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter D - WATER PROGRAMS (CONTINUED)]
[Part 144 - UNDERGROUND INJECTION CONTROL PROGRAM]
[Subpart A - General Provisions]
[Sec. 144.8 - Noncompliance and program reporting by the Director.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT222009-07-012009-07-01false144.8Sec. 144.8PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)WATER PROGRAMS (CONTINUED)UNDERGROUND INJECTION CONTROL PROGRAMGeneral Provisions
Sec. 144.8  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.
    (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) Provide an alphabetized list of permittees. When two or more 
permittees have the same name, the lowest permit number shall be entered 
first.
    (ii) For each entry on the list, include the following information 
in the following order:
    (A) Name, location, and permit number of the noncomplying 
permittees.
    (B) A brief description and date of each instance of noncompliance 
for that permittee. Instances of noncompliance may include one or more 
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

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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 or a 
construction step (for example, begin construction, attain operation 
level); and the permittee has not returned to compliance by 
accomplishing the required elements 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. Sec. 144.39 or 
144.41 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 noncompliance or 
other significant event has occurred, such as a 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 UIC 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) For State-administered UIC Programs only. In addition to the 
annual noncompliance report, the State Director shall:
    (i) Submit each year a program report to the Administrator (in a 
manner and form prescribed by the Administrator) consisting of:
    (A) A detailed description of the State's implementation of its 
program;
    (B) Suggested changes, if any to the program description (see Sec. 
145.23(f)) which are necessary to reflect more accurately the State's 
progress in issuing permits;
    (C) An updated inventory of active underground injection operations 
in the State.
    (ii) In addition to complying with the requirements of paragraph 
(b)(2)(i) of this section, the Director shall provide the Administrator, 
on February 28th and August 31st of each of the first two years of 
program operation, the information required in 40 CFR 146.15, 146.25, 
and 146.35.
    (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 
permit requirements by major facilities in the

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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 Facilities
                    [Date for completion of reports]
January, February, and March...............................   \1\ May 31
April, May, and June.......................................  \1\ Aug. 31
July, August, and September................................  \1\ Nov. 30
October, November, and December............................  \1\ Feb. 28
 
\1\ Reports must be made available to the public for inspection and
  copying on this date.

    (2) For all annual reports. The period for annual reports shall be 
for the calendar year ending December 31, with reports completed and 
available to the public no more than 60 days later.