United States
Environmental Protection
Agency
Office of Water
(4203)
EPA833-B-00-001
June 2000
Guidance Manual for
Conditional Exclusion from
Storm Water Permitting Based
On "No Exposure" of Industrial
Activities to Storm Water
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Table of Contents
1.0 Introduction Page 1
1.1 Purpose of the Guidance Page 3
1.2 Background Page 2
2.0 Who is Eligible to Qualify for the Conditional No Exposure Exclusion? Page 3
2.1 Limitations on Eligibility for the No Exposure Exclusion Page 3
3.0 What is the definition of No Exposure? Page 4
3.1 Industrial Materials / Activities That Do Not Require a
Storm Resistant Shelter Page 4
3.2 Other Potential Sources of Contaminants Page 6
4.0 Certifying a Condition of No Exposure Page 7
5.0 Are There Any Concerns Related to Water Quality Standards? Page 8
6.0 What Do I Need To Do To Obtain the No Exposure Exclusion? Page 9
APPENDIX A - Frequently Asked Questions Page 11
APPENDIX B - Areas Where EPA is the Permitting Authority Page 14
APPENDIX C - List of NPDES Permitting Authorities Page 15
APPENDIX D - No Exposure Certification Form and Instructions Page 25
APPENDIX E - Regulatory Language for the No Exposure Exclusion Page 26
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Ill
DISCLAIMER
The statements in this document are intended solely as guidance. This document is not intended,
nor can it be relied on, to create any rights enforceable by any party in litigation with the United
States. EPA and state officials may decide to follow the guidance provided in this document, or
to act in variance with the guidance, based upon an analysis of site-specific circumstances. This
guidance may be revised without public notice to reflect subsequent changes in EPA's policy.
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1.0 Introduction
The 1990 storm water regulations for Phase I of the federal storm water program identify
eleven categories of industrial activities under the definition of a "storm water discharge
associated with industrial activity" that must obtain a National Pollutant Discharge Elimination
System (NPDES) permit. The categories contain
industries listed either by reference to an
industry's Standard Industrial Classification
(SIC) code, or by a short narrative description of
the activity found at the industrial site (see text
box at right for more detailed descriptions). For
facilities that match the SIC codes or description
in one of the categories, only those that have a
storm water discharge to a municipal separate
storm sewer system (MS4) or waters of the
United States are required to seek permit
coverage. The NPDES permit requirements vary codes listed in 40 CFR
u+ A- -A 1 A i + u + 122.26(b)(14)(ii),(iii),and(vi)
between individual and general permits, but in \ >\ >\ ^ \ ^ \ >
general involve the development of a storm
water pollution prevention plan based upon site
assessments, monitoring and reporting data on
storm water discharges, and mitigating any
possible effects of discharges on endangered
species and national historic properties (for EPA
issued permits).
Under the Phase I regulations, operators
of facilities within Category (xi), referred to as
«,. , . , . . , r- . ' Sewage treatment works.
light industry, were exempted from storm f ,. . . r , ,.
Construction activity (including
.. . .,,,.
water permitting requirements, provided their
industrial materials or activities were not disturbing five or more acres of land, or
Storm Water Discharge
Associated with Industrial Activity
(40 CFR 122.26(b)(14)(i) - (xi))
Facilities subject to storm water
effluent limitation guidelines; new
source performance standards, or toxic
pollutant effluent standards under 40
CFR Subchapter N.
"Heavy" industrial facilities with SIC
"Light" industrial facilities with SIC
codes listed in 40 CFR 122.26(b)(14)
(xi), which conduct the activities
specified in that sections.
Hazardous waste treatment, storage, or
disposal facilities.
Landfills, land application sites, and
open dumps that receive or have
received industrial waste.
Steam electric power generating
and excavatlon)
less than five acres of land if it is part of
a larger common plan of development
or sale of five acre or greater.
exposed to precipitation or runoff (i.e., they had
no "storm water discharges associated with
industrial activity"). Only those facilities in
Category (xi) could take advantage of this "no
exposure" exemption, and such operators were
not required to submit any information
supporting their no exposure claim.
In 1992, the Ninth Circuit court remanded to EPA for further rulemaking the no exposure
exemption for light industry, concluding that the exemption was arbitrary and capricious for two
reasons. First, the court determined that EPA had not established a record to support its
assumption that light industry not exposed to storm water was not "associated with industrial
activity," particularly when other types of industrial activities included in the 1990 regulation
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were required to obtain permit coverage whether or not there was "exposure." Secondly, the
court concluded that the exemption relied on the unverified judgement of light industrial facility
operators to determine non-applicability of permitting requirements. In other words, the court
was critical that operators would determine for themselves that there was "no exposure" and then
simply not apply for a permit without any further action. The result of the 1992 ruling was a
revised no exposure exemption (now a "conditional exclusion," which may be simply referred to
as "exclusion" in this guidance) promulgated as part of the Phase II storm water regulations.1
The intent of the no exposure exclusion is to provide all industrial facilities regulated
under Phase I of the NPDES Storm Water Program (with the exception of construction activity;
Category (x)), whose industrial activities and materials are completely sheltered, with a
simplified method for complying with the Clean Water Act. Note that runoff from separate
office buildings and their associated parking lots does not need to be considered when
determining no exposure at an industrial facility.
As revised at 40 CFR 122.26(g), if a condition of no exposure exists at industrial facilities
regulated under Phase I of the Storm Water Program, then permits are not required for storm
water discharges from the facilities. Facilities wishing to take advantage of the permitting
exclusion must submit a certification to the permitting authority attesting to the condition of no
exposure The new certification requirement now applies to all industrial facilities claiming
a condition of no exposureincluding the Category (xi), light industrial facilities which
previously were not required to submit anything to be excluded from permitting
requirements. Facilities must maintain their condition of no exposure or, if conditions change,
obtain coverage under an applicable storm water permit.
The following sections of this guidance provide detailed information on:
who is eligible for the revised no exposure exclusion;
the definition of no exposure;
how to complete the No Exposure Certification Form.
Also included are supplemental reference materials to assist you in finding out if the No
Exposure Exclusion is applicable to your facility:
Appendix A - Frequently Asked Questions
Appendix B - Areas Where EPA is the Permitting Authority
Appendix C - List of NPDES Permitting Authorities
Appendix D - No Exposure Certification Form and Instructions
Appendix E - Regulatory Language for the No Exposure Exclusion
1 National Pollutant Discharge Elimination System - Regulations for Revision of the
Water Pollution Control Program Addressing Storm Water Discharges; Final Rule, 64 FR
68721 - 68851, December 8, 1999
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If you have any questions regarding this guidance or any part of the overall NPDES Storm Water
Program, please contact either the appropriate Regional EPA or State Storm Water Coordinator.
2.0 Who is Eligible to Qualify for the Conditional No Exposure Exclusion?
The conditional no exposure exclusion represents a significant expansion, in terms of
eligibility, of the original no exposure provision established in the 1990 NPDES Storm Water
Permit Application Regulations (commonly referred to as Phase I). Now, all Phase I industrial
categories, save for construction, are eligible to apply for the no exposure exclusion.
2.1 Limitations on Eligibility for the No Exposure Exclusion
In addition to construction projects not being eligible, the following situations limit the
applicability of the no exposure exclusion:
As of the printing date of this document, facilities not located in States or areas where
EPA is the NPDES permitting authority cannot apply for the no exposure exclusion.
* See Appendix B for a listing of areas where EPA is the authorized NPDES
permitting authority.
* If your facility is located in a State authorized to implement the NPDES Program,
contact the state permitting authority to find out if the no exposure exclusion has
been adopted in your state.
The exclusion from permitting is available on a facility-wide basis only, not for
individual outfalls. Generally, if any exposed industrial materials or activities are found
on any portion of a facility, the no exposure exclusion is not available to that facility.
If the permitting authority determines that a facility's storm water discharges have a
reasonable potential to cause or contribute to a violation of applicable water quality
standards, the permitting authority can deny the no exposure exclusion.
If changes at a facility result in industrial activities or materials becoming exposed, the no
exposure exclusion ceases to apply. You should apply for coverage under an applicable
NPDES permit for storm water discharges at least two days before the changes happen
that cause the condition of exposure.
Past sources of storm water contamination that remain on site cause a condition of
exposure
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3.0 What is the Definition of No Exposure?
No exposure means all industrial materials and activities are protected by a storm
resistant shelter to prevent exposure to rain, snow, snowmelt and/or runoff.
Industrial materials and activities include, but are not limited to, material handling
equipment or activities; industrial machinery; raw materials, intermediate products, by-products,
and final products; or waste products.
Material handling activities include storage, loading and unloading, transportation or
conveyance, of any raw material, intermediate product, by-product, final product or waste
product.
Many final products which are meant to be used outdoors (e.g., automobiles) pose little
risk of storm water contamination, i.e., the products cannot be mobilized by precipitation or
runoff, and are thus exempt from the requirement that these products be sheltered to qualify for
no exposure. Similarly, the containers, racks and other transport platforms (e.g., wooden pallets)
used for the storage or conveyance of these final products can also be stored outside, providing
the containers, racks and platforms are pollutant-free.
Storm-resistant shelters include completely roofed and walled buildings or structures, as
well as structures with only a top cover but no side coverings, provided material under the
structure is not otherwise subject to any run-on and subsequent runoff of storm water.
EPA acknowledges there are circumstances where permanent, uninterrupted sheltering of
industrial activities or materials is not possible. Under such conditions:
Materials and activities may be sheltered with temporary covers (e.g., tarpaulins) until
permanent enclosure can be achieved.
The no exposure provision does not specify every such situation, but NPDES permitting
authorities can address this issue on a case-by-case basis, i.e., determine if the temporary
covers will meet the requirements of this section.
In general, EPA recommends that temporary sheltering of industrial materials and
activities only be allowed during facility renovation or construction.
3.1 Industrial Materials / Activities That Do Not Require a Storm Resistant Shelter
While the intent of the no exposure exclusion is to promote a condition of permanent no
exposure, a storm-resistant shelter is not required for the following industrial materials and
activities:
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3.1.1 Drums. Barrels. Tanks and Similar Containers. Drums, barrels, tanks and similar
containers that are sealed ("sealed" means banded or otherwise secured and without operational
taps or valves), are not exposed provided those containers are not deteriorated and do not leak.
Unless the drums, barrels, etc., are opened while outdoors, or are deteriorated or leak, they will
likely not constitute a risk of contaminating storm water runoff. Consider the following in
making your no exposure determination:
Containers can only be stored outdoors; any addition or withdrawal of material to / from
containers while outdoors will not allow you to certify no exposure.
Simply moving containers while outside does not create exposure.
Inspect all outdoor containers to ensure they are not open, deteriorated or leaking.
* EPA recommends that a designated individual regularly conduct these
inspections.
* Any time external containers are open, deteriorated or leaking, they must
immediately be closed, replaced or sheltered.
* Containers, racks and other transport platforms (e.g.,wooden pallets) used with the
drums, barrels, etc., can be stored outside providing they are contaminant-free.
3.1.2 Above Ground Storage Tanks (ASTs). In addition to generally being considered not
exposed, ASTs may also be exempt from the prohibition against adding or withdrawing material
to / from external containers. ASTs typically utilize transfer valves to dispense materials which
support facility operations (e.g., heating oil, propane, butane, chemical feedstocks) or fuel for
delivery vehicles (gasoline, diesel, compressed natural gas). For ASTs to be operational and
qualify for no exposure:
They must be physically separated from and not associated with vehicle maintenance
operations.
There must be no piping, pumps or other equipment leaking contaminants that could
contact storm water.
EPA recommends, wherever feasible, that ASTs be surrounded by some type of physical
containment (e.g., an impervious dike, berm or concrete retaining structure) to prevent
runoff in the event of a structural failure or leaking transfer valve. Note: any resulting
unpermitted discharge would violate the CWA.
3.1.3 Lidded Dumpsters. Lidded dumpsters containing waste materials, providing the
containers are completely covered and nothing can drain out holes in the bottom, or is lost in
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loading onto a garbage truck. Industrial refuse and trash that is stored uncovered, however, is
considered exposed.
3.1.4 Adequately maintained vehicles, such as trucks, automobiles, forklifts, trailers or other
general purpose vehicles found onsitebut not industrial machinerywhich are not leaking or
are otherwise a potential source of contaminants.
Vehicles passing between buildings will likely come into contact with precipitation at
some time, but so long as they are adequately maintained they will not cause a condition
of exposure. Similarly, non-leaking vehicles awaiting maintenance at vehicle
maintenance facilities are not considered exposed.
* The mere conveyance between buildings of materials / products that would
otherwise not be allowed to be stored outdoors, does not create a condition of
exposure, provided the materials / products are adequately protected from
precipitation and could not be released as a result of a leak or spill.
3.1.5 Final products built and intended for use outdoors (e.g., new cars), provided the final
products have not deteriorated or are otherwise a potential source of contaminants.
3.1.5.1 Types of final products not qualifying for a certification of no exposure:
Products that would be mobilized in storm water discharges (e.g., rock salt).
Products which may, when exposed, oxidize, deteriorate, leak or otherwise be a potential
source of contaminants (e.g., junk cars; stockpiled train rails).
"Final" products which are, in actuality, "intermediate" products. Intermediate products
are those used in the composition of yet another product (e.g., sheet metal, tubing and
paint used in making tractors).
> Even if the intermediate product is "final" for a manufacturer and destined for
incorporation in a "final product intended for use outdoors," these products are
not allowed to be exposed because they may be chemically treated or are
insufficiently impervious to weathering.
3.2 Other Potential Sources of Contaminants
3.2.1 Particulate Emissions From Roof Stacks and/or Vents. As stated in the Phase II
regulation, particulate emissions from roof stacks /vents do not cause a condition of exposure,
provided they are in compliance with other applicable environmental protection programs
(e.g., air quality control programs) and do not cause storm water contamination. Deposits of
particles or residuals from roof stacks / vents not otherwise regulated and which could be
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mobilized by storm water runoff, are considered exposed. Exposure also occurs when, as a result
of particulate emissions, pollutants can be seen being "tracked out" or carried on the tires of
vehicles.
3.2.2 Acid Rain Leachate. As affirmed by a recent Environmental Appeals Board decision
against the General Motors Corporation, CPC-Pontiac Fiero Plant (CWA Appeal No. 96-5),
industrial facilities are also responsible for storm water discharges which contain pollutants
resulting from the leaching effect of acidic precipitation on metal building structures. Therefore,
operators must be aware when they attempt to certify a condition of no exposure of the existence
of structural elements that could be soluble as a result of contact with precipitation (e.g.,
uncoated copper roofs). If the dissolved metals or other contaminants could cause or contribute
to a water quality violation, a condition of no exposure cannot be certified.
3.2.3 Pollutants Potentially Mobilized by Wind. Windblown raw materials cause a condition
of exposure. This is to alert operators to situations where materials sheltered from precipitation
can still be deemed exposed if the materials can be mobilized by wind.
4.0 Certifying a Condition of No Exposure
To obtain the conditional no exposure exclusion, you must submit a certification form
attesting your facility meets the definition of "no exposure." You must do so even if you are a
Category (xi) facility operator. The No Exposure Certification Form, which is only for use in
areas where EPA is the NPDES permitting authority, is found in the Storm Water Phase II Rule
and is also included in this guidance in Appendix D.
EPA's certification form uses a series of yes/no questions on the nature of the industrial
activities and conditions at your facility. You may only qualify for the no exposure exclusion if
you answer "no" to all of the questions.
Important note: If the no exposure exclusion becomes available in States with
NPDES permitting authority, each State will issue its own form. The forms may be
similar to EPA's.
The purpose of the certification form is twofold: 1) to aid you in determining whether you
have a condition of no exposure at your facility or site; and 2) to furnish the necessary written
certification that allows you to be relieved of permit obligations, provided you answer all the
questions in the negative.
Q If you answer "yes" to any of the questions about possible exposure, you must make
the appropriate changes at the facility before you apply for the conditional exclusion.
These changes must remove the particular material, process or activity from exposure
to storm water.
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Q If, you answered "no" to every question, you qualify for the no exposure exclusion. To
complete the process, you must sign and submit the form to your NPDES permitting
authority.
Certification Facts:
The Certification must be completed and submitted to your permitting authority once
every 5 years, and can only be done so if the condition of no exposure continues to exist at
the facility.
A Certification must be submitted for each separate facility or site qualifying for the no
exposure exclusion.
The form is non-transferable. If a new operator takes over your facility, the new operator
must immediately complete and submit a new form to claim the no exposure exclusion.
5.0 Are There Any Concerns Related to Water Quality Standards?
Yes. Operators who certified that their facilities qualify for the conditional no exposure
exclusion may, nonetheless, be required by the permitting authority to obtain permit coverage,
based on a determination that storm water discharges are likely to have an adverse impact on
water quality.
Many efforts to achieve no exposure can employ simple good housekeeping and
contaminant cleanup activities such as moving materials and activities into existing buildings or
structures. In some cases industrial operators may make major changes at a site to achieve no
exposure, such as constructing new buildings / shelters or constructing structures to prevent run-
on. However, significant changes undertaken to achieve no exposure can increase the
impervious area of the site. This occurs when a building is placed in a formerly vegetated area,
for example. An increase in impervious area often leads to an increase in the volume and
velocity of runoff, which, in turn, can result in a higher concentration of pollutants in the
discharge, since fewer pollutants are naturally filtered out.
The concern over increased imperviousness engendered the following question on the
Certification Form: "Have you paved or roofed over a formerly exposed, pervious area in order
to qualify for the no exposure exclusion? If yes, please indicate approximately how much area
was paved or roofed over." This will aid the NPDES permitting authority in assessing the
likelihood of such actions impacting water quality standards. Where this is a concern, the facility
operator along with the permitting authority should take appropriate actions to ensure that water
quality standards are achieved.
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6.0 What Do I Need To Do To Obtain the No Exposure Exclusion?
This section will walk you through the process of obtaining the no exposure exclusion.
This information will be useful to non-EPA applicants as well, provided their permitting
authority has issued a no exposure certification form that is similar to EPA's (alert: a State's
certification form may have different requirements and deadlines than what is noted here).
Repeat the steps for each individual facility or site.
Step 1: Determine if your industrial activity meets the definition of a "storm water discharge
associated with industrial activity," as defined in Phase I of the NPDES Storm Water
program (refer to Section 1.0). If so, proceed to Step 2. If not, stop here.
If your facility is defined as an "industrial activity" under the Phase I Program
(including a "light industry" defined at Category (xi)), you need to either apply for a
storm water permit or submit a no exposure certification, in order to be in compliance
with the NPDES storm water regulations.
Construction activities are ineligible for the exclusion.
Step 2: Determine if your regulated industrial activity meets the definition of no exposure
and qualifies for the exclusion from permitting. If it does, proceed to Step 3. If not, stop here
and obtain industrial storm water permit coverage.
Using personnel familiar with the site and its operations, inspect or scrutinize all
appropriate areas of the site to ascertain the site's exposure condition as per this
guidance.
As of the printing date of this guidance, the conditional no exposure exclusion
option is only available for facilities in areas where EPA is the NPDES permitting
authority. In all other areas, facility operators will not be able to apply until their
permitting authority makes the option available. (See Appendix B for a listing of areas
where EPA is the NPDES permitting authority.)
Step 3: Complete and submit the No Exposure Certification Form to your NPDES
permitting authority.
Be aware that even if you certify no exposure, your NPDES permitting authority can
still require you to apply for an individual or general permit if it has determined that
your discharge is contributing to the violation of, or interfering with the attainment or
maintenance of, water quality standards, including designated uses.
To maintain your exclusion from permitting, a certification must be completed and
submitted to your permitting authority once every 5 years. This can only be done if the
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condition of no exposure continues to exist at the facility.
Step 4: Upon request, submit a copy of the certification form to the municipality in which
your facility is located.
You must submit a copy of your completed certification form to the operator of your
Municipal Separate Storm Sewer System2 (MS4) if they so request or require. An
MS4 operator could be the Department of Public Works, Sewer Commission, City
Engineering Department, etc.
If you need to contact your local MS4 operator (e.g., if you are unsure about
certification submittal requirements) and they are unknown to you, it may be useful to
check the telephone book, especially under the local government listings.
Step 5: When requested, allow your NPDES permitting authority or, if discharging into an
MS4, the MS4 operator, to inspect your facility. The permitting authority may make any
inspection reports publicly available upon request.
Step 6: Maintain a condition of no exposure.
The no exposure exclusion is conditional and not a blanket exemption. Therefore, if
onsite changes occur which cause exposure of industrial activities or materials to storm
water, you must then immediately comply with all the requirements of the NPDES
Storm Water Program, including obtaining a storm water discharge permit.
Failure to maintain the condition of no exposure or obtain coverage under an NPDES
permit can lead to the unauthorized discharge of pollutants to waters of the United
States, resulting in penalties under the CWA.
See 40 CFR 122.26(b)(8) for the definition of a municipal separate storm sewer.
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APPENDIX A - Frequently Asked Questions
Ql. Who can submit the No Exposure Certification?
A. At present, only those facilities located in areas where EPA is the NPDES permitting
authority can submit the No Exposure Certification. Facilities located where EPA is not the
permitting authority will not be able to submit the certification until the permitting authority
completes any necessary statutory or regulatory changes to adopt the no exposure provision.
EPA recommends that facilities contact the appropriate permitting authority (see Appendix C)
for guidance on when and how to apply for a no exposure exclusion in their area.
Q2. Where do I send my No Exposure Certification?
A. If your facility is located in a State or area where EPA is the NPDES permitting authority, the
completed form and signed certification statement should be mailed to:
Storm Water No Exposure Certification
U.S. Environmental Protection Agency
Ariel Rios Building (4203)
1200 Pennsylvania Ave, NW
Washington, DC 20460
If your facility is located in a state that is authorized to implement the NPDES Program, you
must contact the state permitting authority. (See Appendix C)
Q3. Can a facility that is currently permitted under an individual storm water permit
claim no exposure?
A. Yes. As long as a facility can meet the definition of no exposure, there is nothing to preclude
a facility covered by an individual permit from submitting a certification. However, the facility
should consult with their permitting authority, especially if the individual permit contains
numeric effluent limitations for their storm water ("antibacksliding" provisions may prevent
these facilities from qualifying for the no exposure exclusion).
Q4. My facility was originally excluded from the Phase I regulations because it was
classified as a "light industrial facility" under category (xi). The facility has never had any
exposure to storm water runoff. With the publication of the final Phase II regulations do I
now need to certify that the facility meets the No Exposure Exclusion from NPDES Storm
Water Permitting?
A. Yes. See answer provided to question number 9, "What is the exclusion 'conditional' upon?"
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Q5. Must a facility currently covered under the Multi-Sector General Permit (MSGP) file
a Notice of Termination (NOT) prior to applying for no exposure?
A. No. If a facility believes it meets the definition of no exposure, then storm water discharges
at that facility are no longer considered to be associated with industrial activity. Therefore, the
requirement to have a permit no longer exists. Upon this determination, the facility need only
submit a no exposure certification.
Q6. When and how often is a certification form required to be submitted?
A. Submission of the No Exposure Certification Form is required once every five years
(assuming the facility maintaining its no exposure status). Industrial operators applying for the
no exposure exclusion should note the date they first submitted the Form so they can resubmit a
new one five years hence.
Operators of new facilities must submit the Form before beginning operations. If new operators
fail to do so, the permitting authority will assume that the facility is required to be covered under
a storm water discharge permit.
Existing facility operators have two options for submitting Certification Forms:
1) Facilities that want the storm water permitting exemption before being subject to the
mandatory permit application filing deadline, may submit the Form at any time up to the final
termination of the original MSGP. The earliest possible termination will occur on December 30,
2000. This is especially relevant for all Category (xi) "light industrial" facilities who have been
operating under their original, no-certification-required permitting exemption.
2) Facilities who presently have and intend to maintain permit coverage for their discharges, but
will attain a condition of no exposure later, may submit a Certification Form at any time during
the permit's term following completion of the on-site changes that will result in the condition of
no exposure. As suggested above, note when the Form is submitted so a new one can be
submitted five years thereafter.
After the point of permit termination, any facility that has not submitted a No Exposure
Certification Form or otherwise applied for permit coverage will be out of compliance and
subject to enforcement.
Q7. What happens if a facility plans changes that may cause exposure?
A. If exposure could occur in the future due to some anticipated change at the facility, the
discharger should apply for and obtain coverage under an NPDES permit prior to such discharge
to avoid enforcement for violations of the Clean Water Act..
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Q8. Is the Certification Form transferable to a new facility operator?
A. No. If a new operator takes over your facility, the new operator must complete, sign and
submit a new form to claim the no exposure exclusion.
Q9. What is the exclusion "conditional" upon?
A. The submission of the No Exposure Certification Form is, in effect, an application. It allows
any facility listed or described in the industrial categories covered by the Multi-Sector General
Permit (including the "light industrial" or Category (xi) facilities), that have no exposure of
materials or activities to storm water, to be excluded from permit coverage requirements. The
application, and therefore the approval of the exclusion, is conditional upon the permitting
authority's acceptance of the certification. The permitting authority can review the information,
and contact or inspect the facility if there are questions regarding the facility's no exposure claim.
In addition, if the facility discharges into an MS4, the operator of the MS4 can request a copy of
the certification and inspect the facility. The public can also request a copy of the certification
and any inspection reports.
Q10. Can secondary containment outside qualify for the no exposure exclusion?
A. In general, if the secondary containment is adequately engineered to prevent any failure,
leakage or overflow such that there would simply be no discharge from that area of the facility,
no exposure could be claimed. Note: there must be proper disposal of any water or liquids
collected from the containment (e.g., discharged in compliance with another NPDES permit,
treated or trucked off site).
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APPENDIX B - Areas Where EPA is the Permitting Authority
(Where the Conditional No Exposure Exclusion is Available as of 3/8/00)
State / Territorial lands in:
Alaska
American Samoa
Arizona
District of Columbia
Guam
Idaho
Johnston Atoll
Maine
Massachusetts
Midway and Wake Islands
New Hampshire
New Mexico
Northern Mariana Islands
Oklahoma (Oil & Gas Exploration only; SIC
13xx and 5171)
Puerto Rico
Texas (Oil & Gas Exploration only; SIC
13xx)
Indian Lands in:
Alabama
Alaska
Arizona (including all of Navajo Reservation)
California
Colorado (including all of Ute Mountain
Reservation)
Connecticut
Florida
Idaho
Maine
Massachusetts
Louisiana
Montana
Mississippi
New Mexico
Nevada (including all of Duck Valley, Fort
McDermitt and Goshute Reservations)
New York
New Mexico
North Carolina
North Dakota (including all of Standing Rock
Reservation)
South Dakota (including all of Pine Ridge
and Lake Traverse Reservations)
Oklahoma
Oregon
Rhode Island
Texas
Utah
Washington
Federal Facilities in:
Colorado
Delaware
Vermont
Washington
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APPENDIX C - List of NPDES Permitting Authorities
The following represents a list of contacts to be utilized by those wishing to apply for the no
exposure exclusion from permitting. As of the printing date of this document, only those
facilities that are under EPA's permitting authority (Regions 1 through 10 below) have the option
to apply for the no exposure exclusion. Such facilities should send their completed, signed
originals of the No Exposure Certification Form to: Storm Water No Exposure Certification,
U.S. Environmental Protection Agency, Ariel Rios Building (4203), 1200 Pennsylvania Ave,
NW, Washington, DC 20460. Facilities in all other parts of the country, who are under the
auspices of a particular state run program (designated below by the name of the state) should
contact the relevant state authority to obtain information on whether or not the state has, or will,
adopt the no exposure exclusion.
EPA Headquarters
Name
Office of Wastewater Management
U.S. Environmental Protection Agency
Ariel Rios Building (4203)
1200 Pennsylvania Ave, NW
Washington, DC 20460
Daniel Weese, Storm Water Program Manager
Wendy Bell, Environmental Engineer
John Kosco, Environmental Engineer
Patrick Ogbebor, Environmental Scientist
Bryan Rittenhouse, Environmental Scientist
Contacts for EPA Storm Water Publications
Water Resource Center
National Center for Environmental Publication
Information
NOI and No Exposure Certification Processing
Center
Telephone
Fax: 202-260-9544
202-260-6809
202-260-9534
202-260-6385
202-260-6322
202-260-0592
24-hour voicemail
202-260-7786
Fax 202-260-0386
1-800-490-9198
301-495-4145
Internet
weese-daniel@epa. go v
bell.wendy@epa.gov
kosco.john@epa.gov
ogbebor.patrick@epa.gov
rittenhouse.bryan@epa.gov
center. water-resource@epa. go v
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16
EPA Region I
Address U.S. EPA - Region I
JFK Federal Building
Boston, MA 02203
Fax 617-565-4940
Name
Thelma Murphy
Title
Environmental Engineer
Telephone
617-565-3569 FAX 617-565-4940
E-mail: murphy. thelma(5),epa.gov
Authorized State Offices in EPA Region I
Name and Title
Address
Telephone
Chris Stone
Storm Water Coordinator
Connecticut Department of Environmental Protection
Bureau of Water Management
79 Elm Street
Hartford, CT 06106-5127
860-424-3850
FAX 860-424-
7074
Angelo Liberti
Supervising Sanitary Engineer
Rhode Island Department of Environmental Management
Division of Water Resources
235 Promenade Street
Providence, RI 02908
401-222-4700
Ext. 7225
FAX 401-521-
4230
David Cluley
Rhode Island Department of Environmental Management
Division of Water Resources
235 Promenade Street
Providence, RI 02908
401-222-4700
ext. 7233
FAX 401-521-
4230
Brian Kooiker
Chief Director, Permits Section
Environmental Conservation
Wastewater Management Division
Sewing Building
103 S. Main Street
Waterbury, VT 05671-0405
802-241-3822
Ext. 2596
FAX 802-244-
5141
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17
EPA Region II
Address U.S. EPA - Region II
Water Programs Branch
290 Broadway, 24th Floor
New York, NY 10007-1866
212-637-3873
Fax 212-637-3887
Name
Sergio Bosques
Storm Water Regional Coordinator
Karen O'Brien
Title
Caribbean Environmental Protection
Division
Central Europa Building, Suite 417
1492 Ponce de Leon Avenue
Santurce,PR 00907-4127
Environmental Engineer
New York, NY
Telephone
787-729-6951
Ext. 255
FAX 787-729-7747
E-mail: bosques.sergio@epa.gov
212-637-3717
E-mail: obrien.karen@epa.gov
Authorized State Offices in EPA Region II
Name and Title
Barry Chalofsky
Manager, Bureau of Storm Water
Permitting
Ken Stevens
Chief, Stormwater Management
Section
Roberto Ayala
Director, Water Quality Control
Bureau
Vacant
Address
New Jersey Department of Environmental Protection (CN-
423) Division of Water Quality
401 E. State Street, Trenton, NJ 08625
New York State Department of Environmental Conservation
Bureau of Water Regulation Programs
50 Wolf Road, Albany, NY 12233-3505
Puerto Rico Environmental Quality Board
43 1 Ponce de Leon Avenue
5th Floor, Office 527
P.O. Box 11488, Hato Rey, PR 00910
Virgin Islands Planning and Natural Resources
Division of Environmental Protection
1118 Watergut Homes, Christiansted
St. Croix, VI 00820-5065
Telephone
609-633-7021
FAX 609-984-
2147
518-457-3656
FAX 5 18-485-
7786
787-751-1891
FAX 787-767-
1962
340-773-0565
FAX 340-773-
9310
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18
EPA Region IH
Address U.S. EPA - Region IH
1650 Arch Street
Philadelphia, PA 19103
212-637-3873
Fax 212-637-3887
Name
Mary Letzkus
Title
Storm Water Coordinator
Telephone
215-814-2087
E-mail: letzkus.mary@epa.gov
Authorized State Offices in EPA Region HI
Name and Title
Chuck Schadel
Environmental Engineer II
Brian Clevenger
Chief, Program Review Division
R.B. Patel
Chief of Permits Section/
Sanitary Engineer IV
Burton Tuxford
Environmental Engineer
Arthur A. Vickers
Engineer, Storm Water
Coordinator
Address
Delaware Department of Natural Resources and Environmental
Control
Division of Water Resources/Pollution Control Branch
89 Kings Highway, Dover, DE 1 9901
email: cschadel@state.de.us
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
Pennsylvania Department of Environmental Resources -BWQM
Division of Permits and Compliance
400 Market Street State Office Building, 10th Floor
P.O. Box 8465, Harrisburg, PA 17105-8465
Virginia Department of Environmental Quality
629 East Main Street, Richmond, VA 23219
West Virginia Department of Environmental Protection
Office of Water Resources
1 20 IGreenbrier Street, Charleston, WV 25311
Telephone
302-739-5731
FAX 302-739-
3491
410-631-3543
FAX 4 10-631-
4883
717-787-8184
FAX 717-772-
5156
804-698-4086
FAX 804-698-
4265
304-558-8855
FAX 304-558-
8855
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19
EPA Region IV
Address U.S. EPA - Region IV
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, GA 30303-8960
Fax 404-562-8692
Name
Mike Mitchell
Floyd Wellborn
Title
Environmental Scientist
Storm Water General Permit Writer
Telephone
404-562-9303 FAX 404-562-8692
E-mail: mitchell.michael@epa.gov
404-562-9296 FAX 404-562-8692
E-mail: wellborn. floy d@epa.gov
Authorized State Offices in EPA Region 4
Name and Title
Jim Coles
Chief, Industrial Branch
Eric Livingston
Environmental Administrator
Lawrence Hedges
Program Manager
Douglas Allgeier
Industrial Section Supervisor
Jim Morris
Chief, General Permits Branch
Bill Mills
Environmental Engineer
(Industrial)
Rick Nuzum
Storm Water Section Manager
Robert Haley, III
Environmental Engineer
Address
Alabama Department of Environmental Management
Water Division, Industrial Branch
(1751 Dickinson Drive, Montgomery, AL 36109-2608)
P.O. Box 301463, Montgomery, AL 36130-1463
Florida Department of Environmental Protection
Stormwater/NPS Management Section
2600 Blair Stone Road, Tallahassee, FL 32399-2400
Georgia Department of Natural Resources
Environmental Protection Division - Non-Point Source
205 Butler Street, SE, Suite 1070, Atlanta, GA 30334
Department of Environmental Protection
Kentucky Division of Water
14 Reilly Road, Frankfort, KY 40601
Mississippi Department of Environmental Quality
Office of Pollution Control
P.O. Box 10385, Jackson, MS 39289-0385
North Carolina Division of Water Quality
512 N. Salisbury Street
P.O. Box 29535, Raleigh, NC 27626-0535
South Carolina Department of Health and Environmental
Control
Bureau of Water Pollution
2600 Bull Street, Columbia, SC 29201
Internet: WPO#123#DHEC4005.COLUMB35#c#NUZUM@
gm.STATE.SC.US
Tennessee Water Pollution Control
L&C Annex, 6th Floor
401 Church Street, Nashville, TN 37243-1534
Telephone
334-271-7936
FAX 334-270-5612
850-921-9915
FAX 850-921-5217
404-656-4887
FAX 404-657-7379
502-564-3410
FAX 502-564-4245
601-961-5151
FAX 60 1-96 1-5703
919-733-5083,
Ext. 548
FAX 919-733-9919
803-734-9251
FAX 803-734-5216
615-532-0669
FAX 615-532-0614
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20
EPA Region V
Address U.S. EPA - Region V
77 W. Jackson Blvd.
Mail Code WQP16J
Chicago, IL 60604
Fax 312-886-7804
Name
Peter Swenson
Title
Environmental Engineer
Telephone
312-886-0236
E-mail: swenson.peter(5),epa.gov
Authorized State Offices in EPA Region 5
Name and Title
Chuck Fellman
Storm Water Management
Lori Gates
Storm Water Coordinator
Susan Benzy
Chief, Storm Water Permits Unit
Dan Sullivan
Staff Engineer/Storm Water
Coordinator
Robert Phelps
Storm Water Coordinator
Erich Rortvedt
Storm Water Administrative
Assistant
Address
Illinois EPA
1021 North Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
Indiana Department of Environmental Management
100N. Senate Avenue
P.O. Box 6015
Indianapolis, IN 46206-6015
E-mail: lgate@opn.dem.state.in.us
Michigan Department of Natural Resources
Surface Water Quality Division
P.O. Box 30273
Lansing, MI 48909
Minnesota Pollution Control Agency
Water Quality Division
520 Lafayette Road North
St. Paul, MN 55155-4194
Ohio EPA, Water Pollution Control
1800 Watermark Drive
P.O. Box 1049
Columbus, OH 43216-1049
Wisconsin Department of Natural Resources
101 S. Webster
P.O. Box 7921
Madison, WI 53707
Telephone
217-782-0610
FAX 2 17-782-
9891
317-233-6725
FAX 3 17-233-
8637
517-335-4188
FAX 5 17-373-
9958
612-296-7219
FAX 612-282-
6247
614-644-2034
FAX 614-644-
2329
608-264-6273
FAX 608-267-
2800
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21
EPA Region VI
Address U.S. EPA - Region VI
1445 Ross Avenue, Suite 1200
Dallas, TX 75202-2733
Fax 214-665-2191 (Water Quality)
214-665-2168 (Enforcement)
Name
Brent Larsen
Title
Environmental Scientist
Municipal Permits Section
Telephone
214-665-7523
E-mail: larsen.brent(3)epa.gov
Authorized State Offices in EPA Region 6
Name and Title
Eric Dunn
Darlene Bernard
Storm Water Permits Coordinator
Don Mooney
Steve Ligon
Storm Water Permits Team Leader
Address
Arkansas Department of Environmental Quality
8001 National Drive, P.O. Box 8913, Little Rock, AR 72219-
8913
E-mail: dunne@adeq. state. ar. us
Louisiana Department of Environmental Quality
Office of Water Resources, 7290 Bluebonnet Boulevard
P.O. Box 82215, Baton Rouge, LA 70810
E-mail: darleneb@deq.state.la.us
Oklahoma Department of Environmental Quality
Water Quality Program, P.O. Box 1677
Oklahoma City, OK 73101-1677
E-mail: donald.mooney@deqmail.ok.state.us
Texas Natural Resource Conservation Commission
Wastewater Permits Section (MC-148)
P.O. Box 13087, Austin, Texas 78711
E-mail: sligon(3)tnrcc.state.tx.us
Telephone
501-682-0627
FAX 501-682-
0910
504-765-0525
FAX 504-765-
0635
405-702-8100
512-239-4527
EPA Region VH
Address U.S. EPA - Region VH
726 Minnesota
Kansas City, KS 66101
Fax 913-551-7765
Name
Ralph Summers
Title
NPDES Permits Coordinator
Telephone
913-551-7418
E-mail: summers.ralph@epa.gov
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22
Authorized State Offices in EPA Region 7
Name and Title
Joe Griffin
Storm Water Coordinator
Shawn Howell
Storm Water Coordinator
Evangeline Bays
Environmental Specialist
Jim Yeggy
Stormwater Coordinator
Address
Iowa Department of Natural Resources
Environmental Protection Division
900 E. Grand Avenue, DesMoines,IA 50319-0034
Kansas Department of Health and Environment
Industrial Programs Section
Building 283 - Forbes Field
J Street and 2 North, Topeka, KS 66620
Missouri Department of Natural Resources
205 Jefferson Street
P.O. Box 176, Jefferson City, MO 65102
Nebraska Department of Environmental Quality
The Atrium
1200 N Street, Suite 400
P.O. Box 98922, Lincoln, NE 68509-8922
Telephone
515-281-7017
FAX 5 15-281-
8895
785-296-5549
FAX 9 13-2 96-
5509
573-526-2928
FAX 3 14-751-
9396
402-471-2023
FAX 402-471-
2909
EPA Region VIII
Address U.S. EPA - Region VHI
999 18th Street, Suite 500
Denver, CO 80202-2466
Fax 303-312-6071
Name
Vemon Berry
Storm Water Coordinator (8EPR-EP)
Title
U.S. EPA - Region VIII
999 18th Street, Suite 500
Denver, CO 80202-2466
Telephone
303-312-6234
E-mail: berry.vem@epa.gov
Authorized State Offices in EPA Region 8
Name and Title
Kathy Dolan
Environmental Scientist
Brian Heckenberger
Water Quality Specialist
Randy Kowalski
Environmental Scientist/Storm
Water
Coordinator
Address
Colorado Department of Public Health and Environment
Water Quality Control Division WQCD-P-B2
4300 Cherry Creek Drive South, Denver, CO 80246
E-mail: kathy.dolan@state.co. us
Montana Department of Environmental Quality
Permitting and Compliance Division
P.O. Box 200901, Helena, MT 59620-0901
E-mail: bheckenberger(S!state.mt.us
North Dakota Department of Health
Division of Water Quality
1200 Missouri Avenue
P.O. Box 5520, Bismarck, ND 58506-5520
E-mail: rkowalsk@state.nd.us
Telephone
303-692-3596
FAX 303-782-
0390
406-444-5310
Fax 406-444-1 374
701-328-5244
FAX 70 1-328-
5200
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23
Name and Title
Address
Telephone
Stacy Reed
Natural Resources Engineer
South Dakota Department of Environment and Natural
Resources
Division of Environmental Services
Joe Foss Building
523 E. Capitol, Pierre, SD 57501-3181
E-mail: stacy.reed@state.sd.us
800-737-8676
FAX 605-773-
6035
Harry Campbell
Environmental Engineer/
Storm Water Coordinator
Utah Department of Environmental Quality
Division of Water Quality
288 North 1460 West
P.O. Box 144870, Salt Lake City, UT 84114-4870
E-mail: hcampbel@deq.state.ut.us
801-538-6923
FAX 801-538-
6016
Brian Heath
Environmental Scientist
Wyoming Department of Environmental Quality
Water Quality Division
Herschler Building
122 West 25th Street, Cheyenne, WY 82002
E-mail: bheath@ missc.state.wy.us
307-777-6359
FAX 307-777-
5973
EPA Region IX
Address U.S. EPA - Region IX
75 Hawthorne Street
San Francisco, CA 94105
Fax 415-744-1235
Name
Eugene Bromley
Title
Storm Water Coordinator
Telephone
415-744-1906
E-mail: bromley.eugene@epa.gov
Authorized State Offices in EPA Region IX
Name and Title
Bruce Fujimoto
State Storm Water Coordinator
Chief of Storm Water Unit
Alec Wong
Coordinator
Rob Saunders
Environmental Engineer, Division of
Conservation and Natural Resources
Address
California State Water Resources Control Board
Division of Water Quality
(901 P Street, Sacramento, CA 95814)
P.O. Box 944213, Sacramento, CA 94244-2130
Hawaii Department of Health
Clean Water Branch
919 Ala Moana Boulevard, Room 301
Honolulu, HI 96814
Bureau of Water Division and Control
Division of Environmental Protection
333 W. Nve Lane, Carson City, NV 89710
Telephone
916-657-0908
FAX 916-657-1011
808-586-4309
FAX 808-586-4352
702-687-4670
Ext. 3149
FAX 702-687-5856
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24
EPA Region X
Address U.S. EPA - Region X
1200 6th Avenue
Seattle, WA 98101
Fax 206-553-0165
Name
Misha Vakoc
Title
Storm Water Coordinator
Telephone
206-553-6650
E-mail: vakoc.misha@epa.gov
Authorized State Offices in EPA Region X
Name and Title
Paul Keiran
Stanley J. Ciuba
Address
Oregon Department of Environmental Quality
2020 SW 4th Avenue, Suite 400, Portland, OR 97201-
5884
Washington Department of Ecology
Storm Water Management Program
Water Quality Program
P.O. Box 47600, Olympia,WA 98504-7600
Telephone
503-229-6345
FAX 503-229-5359
360-407-6435
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25
APPENDIX D - Applying for the No Exposure Exclusion:
NO EXPOSURE CERTIFICATION for Exclusion from
NPDES Storm Water Permitting
NPDESForm3510-ll
You may also obtain the form and instructions
(ADOBE Acrobat version) from:
http://www.epa.gov/owmitnet/sw/phase2/app4.pdf
-------
NPDES
FORM
3510-11
SEPA
,,..,_.. ,- . . , ~ . .. Form Approved
United States Environmental Protection Agency OMB No 2040-0211
Washington, DC 20460
FORM ms-zm , ^^ NQ EXPOSURE CERTIFICATION for Exclusion from
NPDES Storm Water Permitting
Submission of this No Exposure Certification constitutes notice that the entity identified in Section A does not require permit authorization for its storm water
discharges associated with industrial activity in the State identified in Section B under EPA's Storm Water Multi-Sector General Permit due to the existence
of a condition of no exposure.
A condition of no exposure exists at an industrial facility when all industrial materials and activities are protected by a storm resistant shelter to prevent
exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage,
loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. A storm resistant shelter is
not required for the following industrial materials and activities:
- drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed"
means banded or otherwise secured and without operational taps or valves;
- adequately maintained vehicles used in material handling; and
- final products, other than products that would be mobilized in storm water discharges (e.g., rock salt).
A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is
available on a facility-wide basis only, not for individual outfalls. If any industrial activities or materials are or will be exposed to precipitation, the facility is
not eligible for the no exposure exclusion.
By signing and submitting this No Exposure Certification form, the entity in Section A is certifying that a condition of no exposure exists at its facility or site,
and is obligated to comply with the terms and conditions of 40 CFR 122.26(g).
ALL INFORMATION MUST BE PROVIDED ON THIS FORM.
Detailed instructions for completing this form and obtaining the no exposure exclusion are provided on pages 3 and 4.
A. Facility Operator Information
1. Name: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 2. Phone: I I I I I I I I I I I
3. Mailing Address: a. Street: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I
b. City: I I I I I I I I I I I I I I I I I I I I I I I c. State: |_j | d. Zip Code: I I I I I |-| I I I I
B. Facility/Site Location Information
1. Facility Name: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I
2. a. Street Address: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I
b. City: I I I I I I I I I I I I I I I I I I I I I I I I c. County: I I I I I I I I I I I
d. State: |_j | e. Zip Code: I I I I I |-| I I I I
3. Is the facility located on Indian Lands? Yes Q No | |
4. Is this a Federal facility? Yes Q No | |
5. a. Latitude: I I I ° I I I ' I I I" b. Longitude: I I I I ° I I I ' I I I "
6. a. Was the facility or site previously covered under an NPDES storm water permit? Yes Q No Q
b. If yes, enter NPDES permit number:
7. SIC/Activity Codes: Primary: I I I I I Secondary (if applicable): I I I I I
8. Total size of site associated with industrial activity: acres
9. a. Have you paved or roofed over a formerly exposed, pervious area in order to qualify for the no exposure exclusion? Yes Q No | |
b. If yes, please indicate approximately how much area was paved or roofed over. Completing this question does not disqualify you for the no exposure
exclusion. However, your permitting authority may use this information in considering whether storm water discharges from your site are likely to have
an adverse impact on water quality, in which case you could be required to obtain permit coverage.
Less than one acre One to five acres More than five acres
EPA Form 3510-11 (10-99) Page 1 of 4
-------
NPDES
FORM
3510-11
oEPA
NO EXPOSURE CERTIFICATION for Exclusion from
NPDES Storm Water Permitting
Form Approved
OMB No. 2040-0211
C. Exposure Checklist
Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future?
(Please check either "Yes" or "No" in the appropriate box.) If you answer "Yes" to any of these questions
(1) through (11), you are not eligible for the no exposure exclusion.
Yes No
1. Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing Q Q
or cleaning industrial machinery or equipment remain and are exposed to storm water
2. Materials or residuals on the ground or in storm water inlets from spills/leaks Q Q
3. Materials or products from past industrial activity Q Q
4. Material handling equipment (except adequately maintained vehicles) Q Q
5. Materials or products during loading/unloading or transporting activities Q Q
6. Materials or products stored outdoors (except final products intended for outside use [e.g., new cars] where Q Q
exposure to storm water does not result in the discharge of pollutants)
7. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers Q Q
8. Materials or products handled/stored on roads or railways owned or maintained by the discharger Q Q
9. Waste material (except waste in covered, non-leaking containers [e.g., dumpsters]) Q Q
10. Application or disposal of process wastewater (unless otherwise permitted) Q Q
11. Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated Q Q
(i.e., under an air quality control permit) and evident in the storm water outflow
D. Certification Statement
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no exposure" and obtaining an
exclusion from NPDES storm water permitting.
I certify under penalty of law that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial
facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to submit a no exposure certification form once every five years to the NPDES permitting authority and, if requested, to
the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where applicable). I understand that I must
allow the NPDES permitting authority, or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no
exposure and to make such inspection reports publicly available upon request. I understand that I must obtain coverage under an NPDES permit prior
to any point source discharge of storm water from the facility.
Additionally, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a
system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my
knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility
of fine and imprisonment for knowing violations.
Print Name: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I
Print Title: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I
Signature:
Date: I I I I I I I
EPA Form 3510-11 (10-99) Page2of4
-------
NPDES
FORM
3510-11
oEPA
Instructions for the NO EXPOSURE CERTIFICATION for
Exclusion from NPDES Storm Water Permitting
Form Approved
OMB No. 2040-0211
Who May File a No Exposure Certification
Federal law at 40 CFR Part 122.26 prohibits point source discharges of
storm water associated with industrial activity to waters of the U.S. without
a National Pollutant Discharge Elimination System (NPDES) permit. However,
NPDES permit coverage is not required for discharges of storm water
associated with industrial activities identified at 40 CFR 122.26(b)(14)(i)-
(ix) and (xi) if the discharger can certify that a condition of "no exposure"
exists at the industrial facility or site.
Storm water discharges from construction activities identified in 40 CFR
122.26(b)(14)(x) and (b)(15) are not eligible for the no exposure exclusion.
Obtaining and Maintaining the No Exposure Exclusion
This form is used to certify that a condition of no exposure exists at the
industrial facility or site described herein. This certification is only applicable
in jurisdictions where EPA is the NPDES permitting authority and must be
re-submitted at least once every five years.
The industrial facility operator must maintain a condition of no exposure at
its facility or site in order for the no exposure exclusion to remain applicable.
If conditions change resulting in the exposure of materials and activities to
storm water, the facility operator must obtain coverage under an NPDES
storm water permit immediately.
Where to File the No Exposure Certification Form
Mail the completed no exposure certification form to:
Storm Water No Exposure Certification (4203)
USEPA
401 M Street, SW
Washington, D.C. 20460
Completing the Form
You must type or print, using uppercase letters, in appropriate areas only.
Enter only one character per space (i.e., between the marks). Abbreviate
if necessary to stay within the number of characters allowed for each item.
Use one space for breaks between words. One form must be completed
for each facility or site for which you are seeking to certify a condition of no
exposure. Additional guidance on completing this form can be accessed
through EPA's web site at www.epa.gov/owm/sw. Please make sure you
have addressed all applicable questions and have made a photocopy for
your records before sending the completed form to the above address.
Section A. Facility Operator Information
1. Provide the legal name of the person, firm, public organization, or any
other entity that operates the facility or site described in this certification.
The name of the operator may or may not be the same as the name of
the facility. The operator is the legal entity that controls the facility's
operation, rather than the plant or site manager.
2. Provide the telephone number of the facility operator.
3. Provide the mailing address of the operator (P.O. Box numbers may be
used). Include the city, state, and zip code. All correspondence will
be sent to this address.
Section B. Facility/Site Location Information
1. Enter the official or legal name of the facility or site.
2. Enter the complete street address (if no street address exists, provide
a geographic description [e.g., Intersection of Routes 9 and 55]), city,
county, state, and zip code. Do not use a P.O. Box number.
3. Indicate whether the facility is located on Indian Lands.
4. Indicate whether the industrial facility is operated by a department or
agency of the Federal Government (see also Section 313 of the Clean
Water Act).
5. Enter the latitude and longitude of the approximate center of the facility
or site in degrees/minutes/seconds. Latitude and longitude can
be obtained from United States Geological Survey (USGS) quadrangle
or topographic maps, by calling 1-(888) ASK-USGS, or by accessing
EPA's web site at http://www.epa.gov/owm/sw/industry/index.htm and
selecting Latitude and Longitude Finders under the Resources/Permit
section.
Latitude and longitude for a facility in decimal form must be converted
to degrees (°), minutes ('), and seconds (") for proper entry on
the certification form. To convert decimal latitude or longitude to
degrees/minutes/seconds, follow the steps in the following example.
Example: Convert decimal latitude 45.1234567 to degrees (°), minutes
('), and seconds (").
a) The numbers to the left of the decimal point are the degrees: 45°.
b) To obtain minutes, multiply the first four numbers to the right of the
decimal point by 0.006: 1234 x 0.006 = 7.404.
c) The numbers to the left of the decimal point in the result obtained
in (b) are the minutes: 7'.
d) To obtain seconds, multiply the remaining three numbers to the
right of the decimal from the result obtained in (b) by 0.06:
404 x 0.06 = 24.24. Since the numbers to the right of the decimal
point are not used, the result is 24".
e) The conversion for 45.1234567 = 45° 7' 24".
6. Indicate whether the facility was previously covered under an NPDES
storm water permit. If so, include the permit number.
7. Enter the 4-digit SIC code which identifies the facility's primary activity,
and second 4-digit SIC code identifying the facility's secondary activity,
if applicable. SIC codes can be obtained from the Standard Industrial
Classification Manual, 1987.
8. Enter the total size of the site associated with industrial activity in acres.
Acreage may be determined by dividing square footage by 43,560, as
demonstrated in the following example.
Example: Convert 54,450 ft2 to acres
Divide 54,450 ft2 by 43,560 square feet per acre:
54,450 ft2 H- 43,560 ft2/acre = 1.25 acres.
9. Check "Yes" or "No" as appropriate to indicate whether you have paved
or roofed over a formerly exposed, pervious area (i.e., lawn, meadow,
dirt or gravel road/parking lot) in order to qualify for no exposure. If yes,
also indicate approximately how much area was paved or roofed over
and is now impervious area.
EPA Form 3510-11 (10-99)
Page 3 of 4
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NPDES
FORM
3510-11
oEPA
Instructions for the NO EXPOSURE CERTIFICATION for
Exclusion from NPDES Storm Water Permitting
Form Approved
OMB No. 2040-0211
Section C. Exposure Checklist
Check "Yes" or "No" as appropriate to describe the exposure conditions at
your facility. If you answer "Yes" to ANY of the questions (1) through (11)
in this section, a potential for exposure exists at your site and you cannot
certify to a condition of no exposure. You must obtain (or already have)
coverage under an NPDES storm water permit. After obtaining permit
coverage, you can institute modifications to eliminate the potential for a
discharge of storm water exposed to industrial activity, and then certify to
a condition of no exposure.
Section D. Certification Statement
Federal statutes provide for severe penalties for submitting false information
on this application form. Federal regulations require this application to be
signed as follows:
For a corporation: by a responsible corporate officer, which means:
(i) president, secretary, treasurer, or vice-president of the corporation
in charge of a principal business function, or any other person
who performs similar policy or decision making functions for the
corporation, or
(ii) the manager of one or more manufacturing, production, or
operating facilities, provided the manager is authorized to make
management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of
making major capital investment recommendations, and initiating
and directing other comprehensive measures to assure long
term environmental compliance with environmental laws and
regulations; the manager can ensure that the necessary systems
are established or actions taken to gather complete and accurate
information for permit application requirements; and where
authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures;
For a partnership or sole proprietorship: by a general partner or the
proprietor; or
For a municipal, State, Federal, or other public facility: by either a
principal executive or ranking elected official.
Paperwork Reduction Act Notice
Public reporting burden for this certification is estimated to average 1.0 hour
per certification, including time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Burden means the total time,
effort, or financial resources expended by persons to generate, maintain,
retain, or disclose to provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire, install,
and utilize technology and systems for the purposes of collecting, validating,
and verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply with
any previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or otherwise
disclose the information. An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information unless it
displays a currently valid OMB control number. Send comments regarding
the burden estimate, any other aspect of the collection of information, or
suggestions for improving this form, including any suggestions which may
increase or reduce this burden to: Director, OPPE Regulatory Information
Division (2137), USEPA, 401 M Street, SW, Washington, D.C. 20460.
Include the OMB control number of this form on any correspondence. Do
not send the completed No Exposure Certification form to this address.
EPA Form 3510-11 (10-99)
Page 4 of 4
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30
APPENDIX E - Regulatory Language for the
"No Exposure Exclusion"
68840 Federal Register / Vol. 64, No. 235 / Wednesday, December 8, 1999 / Rules and Regulations
(g) Conditional exclusion for
"no exposure" of industrial
activities and materials to
storm water. Discharges
composed entirely of storm
water are not storm water
discharges associated with
industrial activity if there is
"no exposure" of industrial
materials and activities to
rain, snow, snowmelt and/or
runoff, and the discharger
satisfies the conditions in
paragraphs (g)(l) through
(g) (4) of this section. "No
exposure" means that all
industrial materials and
activities are protected by a
storm resistant shelter to
prevent exposure to rain,
snow, snowmelt, and/or
runoff. Industrial materials or
activities include, but are not
limited to, material handling
equipment or activities,
industrial machinery, raw
materials, intermediate
products, by-products, final
products, or waste products.
Material handling activities
include the storage, loading
and unloading, transportation,
or conveyance of any raw
material, intermediate
product, final product or
waste product.
(1) Qualification. To qualify
for this exclusion, the operator
of the discharge must:
(i) Provide a storm resistant
shelter to protect industrial
materials and activities from
exposure to rain, snow, snow
melt, and runoff;
(ii) Complete and sign
(according to §122.22) a
certification that there are no
discharges of storm water
contaminated by exposure to
industrial materials and
activities from the entire
facility, except as provided in
paragraph (g) (2) of this section;
(iii) Submit the signed
certification to the NPDES
permitting authority once
every five years;
(iv) Allow the Director to
inspect the facility to
determine compliance with the
"no exposure" conditions;
(v) Allow the Director to
make any "no exposure"
inspection reports available to
the public upon request;
and
(vi) For facilities that
discharge through an MS4,
upon request, submit a copy of
the certification of "no
exposure" to the MS4 operator,
as well as allow inspection and
public reporting by the MS4
operator.
(2) Industrial materials and
activities not requiring storm
resistant shelter. To qualify for
this exclusion, storm resistant
shelter is not required for:
(i) Drums, barrels, tanks, and
similar containers that are
tightly sealed, provided those
containers are not deteriorated
and do not leak ("Sealed"
means banded or otherwise
secured and without
operational taps or valves);
(ii) Adequately maintained
vehicles used in material
handling; and
(iii) Final products, other
than products that would be
mobilized in storm water
discharge (e.g., rock salt).
(3) Limitations, (i) Storm
water discharges from
construction activities
identified in paragraphs
(b)(14)(x) and (b)(15) are not
eligible for this conditional
exclusion.
(ii) This conditional
exclusion from the
requirement for an NPDES
permit is available on a
facility-wide basis only, not
for individual outfalls. If a
facility has some discharges
of storm water that would
otherwise be "no exposure"
discharges, individual permit
requirements should be
adjusted accordingly.
(iii) If circumstances change
and industrial materials or
activities become exposed to
rain, snow, snow melt, and /or
runoff, the conditions for this
exclusion no longer apply. In
such cases, the discharge
becomes subject to
enforcement for un-permitted
discharge. Any conditionally
exempt discharger who
anticipates changes in
circumstances should apply
for and obtain permit
authorization prior to the
change of circumstances.
(iv) Notwithstanding the
provisions of this paragraph,
the NPDES permitting
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authority retains the authority
to require permit
authorization (and deny this
exclusion) upon making a
determination that the
discharge causes, has a
reasonable potential to cause,
or contributes to an instream
excursion above an applicable
water quality standard,
including designated uses.
(4) Certification. The no
exposure certification must
require the submission of the
following information, at a
minimum, to aid the NPDES
permitting authority in
determining if the facility
qualifies for the no exposure
exclusion:
(i) The legal name, address
and phone number of the
discharger (see § 122.21 (b));
(ii) The facility name and
address, the county name and
the latitude and longitude
where the facility is located;
(iii) The certification must
indicate that none of the
following materials or
activities are, or will be in the
foreseeable future, exposed to
precipitation:
(A) Using, storing or
cleaning industrial machinery
or equipment, and areas
where residuals from using,
storing or cleaning industrial
machinery or equipment
remain and are exposed to
storm water;
(B) Materials or residuals on
the ground or in storm water
inlets from spills/leaks;
(C) Materials or products
from past industrial activity;
(D) Material handling
equipment (except adequately
maintained vehicles);
(E) Materials or products
during loading/unloading or
transporting activities;
(F) Materials or products
stored outdoors (except final
products intended for outside
use, e.g., new cars, where
exposure to storm water does
not result in the discharge of
pollutants);
(G) Materials contained in
open, deteriorated or leaking
storage drums, barrels, tanks,
and similar containers;
(H) Materials or products
handled/stored on roads or
railways owned or maintained
by the discharger;
(I) Waste material (except
waste in covered, non-leaking
containers, e.g., dumpsters);
(J) Application or disposal of
process wastewater (unless
otherwise permitted); and
(K) Particulate matter or
visible deposits of residuals
from roof stacks/vents not
otherwise regulated, i.e., under
an air quality control permit,
and evident in the storm water
outflow;
(iv) All "no exposure"
certifications must include the
following certification
statement, and be signed in
accordance with the signatory
requirements of § 122.22: "I
certify under penalty of law
that I have read and
understand the eligibility
requirements for claiming a
condition of "no exposure" and
obtaining an exclusion from
NPDES storm water permitting;
and that there are no
discharges of storm water
contaminated by exposure to
industrial activities or
materials from the industrial
facility identified in this
document (except as allowed
under paragraph (g) (2)) of this
section. I understand that I am
obligated to submit a no
exposure certification form
once every five years to the
NPDES permitting authority
and, if requested, to the
operator of the local MS4 into
which this facility discharges
(where applicable). I
understand that I must allow
the NPDES permitting
authority, or MS4 operator
where the discharge is into the
local MS4, to perform
inspections to confirm the
condition of no exposure and
to make such inspection
reports publicly available
upon request. I understand
that I must obtain coverage
under an NPDES permit
prior to any point source
discharge of storm water from
the facility. I certify under
penalty of law that this
document and all attachments
were prepared under my
direction or supervision in
accordance with a system
designed to assure that
qualified personnel properly
gathered and evaluated the
information submitted. Based
upon my inquiry of the person
or persons who manage the
system, or those persons
directly involved in gathering
the information, the
information submitted is to
the best of my knowledge and
belief true, accurate and
complete. I am aware there are
significant penalties for
submitting false information,
including the possibility of
fine and imprisonment for
knowing violations."
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