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 sourceperibntHnce standards, or
, .. >_,„.,.. , ,, _T_ toxic pollutant effluent standards
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
p ermit coverage. T he NPDES p ermit
, i , • i- -i i i (xi), which conduct the activities
requirements vary between individual and v ''
specified in that sections.
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). ncl r ies'
• Sewage treatncnt works.
• Construction activity (including
Under the Phase I regulations, op erators dearing gmding ^ excavation)
Storm Water Discharge
Associated with Industrial Activity
(40 CFR 122.26(b)(14)(i) -(xi))
Facilities subject to stormwater
effluent limitation guidelines; new
under 40 CFRSubchapterN.
"Heavy" industrial Utilities with SIC
codes listed in 40 CFR
122.26(b)(14)(ii), (iii), and (vi)
'Light" industrial Mlities with SIC
codes listed in 40 CFR 122.26(b)(14)
Hazardous waste treatoEnt, storage,
or disposal iacilities.
Landfills, land application sites, and
open dumps that receive or have
received industrial waste.
Steamelectric power generating
disturbing five or rrore acres of land,
or less than five acres ofland if it is
part of a larger comron plan of
of facilities within Category (xi), referred to as
"light industry," were exempted from storm
water permitting requirements, provided their
industrial materials or activities were not
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 sup porting 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
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activity," particularly when other types of industrial activities included in the 1990 regulation
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 exposure—including 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 exp osure;
• 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
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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• 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
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
p ermitting 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.
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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
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
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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:
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:
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• They must be physically separated from and not associated with vehicle maintenance
operations.
• There must be no piping, pump s 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 Dump sters. Lidded dump sters containing waste materials, providing the
containers are completely covered and nothing can drain out holes in the bottom, or is lost in
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 onsite—but not industrial machinery—which 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 exp osure. 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 qualify ing 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
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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
mobilized by storm water runoff, are considered exposed. Exposure also occurs when, as a result
of p articulate 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
attestingyour 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
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and is also included in this guidance in AppendixD.
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.
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
p ermitting 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?
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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.
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.
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• 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 AppendixB 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
p ermitting 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 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
Muni tip al Sep arate Storm Sewer Sy stem2 (M S4) if they so request or require. An
MS4 operator could be the Department of Public Works, Sewer Commission, City
Engineering Department, etc.
• If y ou need to contact y our local M S4 op erator (e.g., if y ou are unsure about
certification submittal requirements) and they are unknown to you, it may be useful to
See 40 CFR 122.26(b)(8) for the definition of a municipal separate storm sewer.
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check the telephone book, especially under the local government listings.
Step 5: When requested, allow your NPDES permitting authority or, if discharging into an
M S4, the M S4 op erator, to inspect y our facility. The permitting authority may make any
inspection reports publicly available upon request.
S tep 6: M aintain a condition of no exp osure.
• 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 exp osure 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.
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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 AppendixC)
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 p ermitting authority. (See Ap p endix 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 n
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.
Op erators of new facilities must submit the F orm before beginning op erations. If new op erators
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 M SGP. 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?
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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..
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 (includingthe "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 offsite).
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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
13xxand 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 rep resents 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 ProgramManager
Wendy Bell, Environmental Engineer
John Ko sco, Environmental Engineer
Patrick Ogbebor, Environmental Scientist
Bryan Rittenhouse, Environmental Scientist
Contacts for EPA Storm Water Publications
Water Resource Center
National Center for Environmental Publication Informa
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
Fax202-260-0386
^-800-490-9198
301-495-4145
Internet
weese-daniel@epa.gov
bell.wendy (3) epa.gov
kosco .] ohn@epa.gov
ogbebor.patrick@epa.gov
rittenhouse.bryan@epa.gov
center.water-resource@epa.gov
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17
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 FAX617-565-4940
E-mail: murphy .thelma(5>epa.gov
Authorized State Offices in EPA Region I
Name and Title
Chris Stone
Storm Water Coordinator
Angelo Liberti
Supervising Sanitary Engineer
David Cluley
Brian Kooiker
Chi efDirector, Permits Section
Address
Connecticut Department ofEnvironmental Protection
Bureau ofWater Management
79 Elm Street
Hartford, CT 06 106-5 127
Rhode Island Department ofEnvironmental Management
Division ofWater Resources
23 5 Promenade Street
Providence, RI 02908
Rhode Island Department ofEnvironmental Management
Division ofWater Resources
235 Promenade Street
Providence, RI 02908
Environmental Conservation
Wastewater Management Division
Sewing Building
1 03 S. Main Street
Waterbury,VT 05671-0405
Telephone
860-424-3850
FAX 860-424-707
401-222-4700
Ext. 7225
FAX401-521-423
401-222-4700
ext.7233
FAX401-521-423
802-241-3822
Ext. 2596
FAX 802-244-5 14
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18
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 D
Central Europa Building, Suite 417
1492 Ponce de Leon Avenue
Santurce,PR 00907-4127
Environmental Engineer
New York, NY
Telephone
vl§i7>r729-6951
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 Permit
Ken Stevens
Chief, Stormwater Management Section
Roberto Ayala
Director, Water Quality Control Bureai
Vacant
Address
New Jersey Department ofEnvironmental Protection (CN-4^
i^iality
401 E. State Street, Trenton,NJ 08625
New York State Department ofEnvironmental Conservation
Bureau ofWater Regulation Programs
50 WolfRoad, Albany, NY 12233-3505
Puerto Rico Environmental Quality Board
431 Ponce de Leon Avenue
5th Floor, Office 527
P.O.Boxll488, HatoRey,PR 00910
Virgin Islands Planning and Natural Resources
Division ofEnvironmental Protection
1118 Watergut Homes, Christiansted
St.Croix,VI 00820-5065
Telephone
3^DS*6S3H7aiWat<
FAX 609-984-21^
518-457-3656
FAX 5 18-485-775
787-751-1891
FAX 787-767-1 9(
340-773-0565
FAX 340-773-931
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19
EPA Region III
Address U.S. EPA - Region III
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 III
Name and Title
Chuck Schadel
Environmental Engineer II
Brian Clevenger
Chief, ProgramReview Division
R.B.Patel
Chief ofP emits Section/
Sanitary Engineer IV
Burton Tuxtbrd
Environmental Engineer
Arthur A. Vickers
Engineer, Storm Water Coordinate
Address
Delaware Department ofNatural Resources and Environmental
Division ofWater Resources/Pollution Control Branch
89 Kings Highway, Dover, DE 19901
email: cschadel@state.de.us
Maryland Department ofthe Environment
2500 Broening Highway
Baltimore,MD 21224
Pennsylvania Department ofEnvironmental Resources -BWQft
Division ofP emits and Compliance
400 Market Street State Office Building, 1 Oth Floor
P.O. Box8465,Harrisburg,PA 17105-8465
Virginia Department ofEnvironmental Quality
629 East Main Street, Richmond, VA 232 1 9
West Virginia Department ofEnvironmental Protection
Office ofWater Resources
1201 Greenbrier Street, Charleston, WV 25311
Telephone
:3flfro!3 9-5731
FAX 302-739-3491
410-631-3543
FAX410-631-488:
[717-787-8184
FAX717-772-515(
804-698-4086
FAX 804-698-426*
304-558-8855
FAX 304-558-885*
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20
EPA Region IV
Address U.S. EPA - Region IV
Atlanta Federal Center
6 IForsyth 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 FAX404-562-8692
E-mail: nitchell.michael@epa.gov
404-562-5^X404-562-8692
E-mail: wellborn.floyd@epa.gov
Authorized State Offices in EPA Region 4
Name and Title
JimColes
Chief, Industrial Branch
Eric Livingston
Environmental Administrator
Lawrence Hedges
Program Manager
Douglas Allgeier
Industrial Section Supervisor
JimMorris
Chief, General Permits Branch
Bill Mills
Environmental Engineer
(Industrial)
Rick Nuzum
Storm Water Section Manager
Robert Haley, III
Environmental Engineer
Address
Alabama Department ofEnvironmental Management
Water Division, Industrial Branch
(1751 Dickinson Drive, Mo ntgomery,AL 36109-2608)
P.O.Box301463, Montgomery, AL 36130-1463
Florida Department ofEnvironmental Protection
Stormwater/NPS Management Section
2600 Blair Stone Road, Tallahassee, FL 32399-2400
Georgia Department ofNatural Resources
Environmental Protection Division - Non-Point Source
205 Butler Street, SE, Suite 1070, Atlanta, GA 30334
Department ofEnvironmental Protection
Kentucky Division ofWater
14 Reilly Road, Frankfort,KY 40601
Mississippi Department ofEnvironmental Quality
Oflice ofPollution Control
P.O. Box 10385, Jackson,MS 39289-0385
North Carolina Division ofWater Quality
5 12 N.Salisbury Street
P.O.Box29535, Raleigh,NC 27626-0535
South Carolina Department ofHealth and Environmental Conl
Bureau ofWater Pollution
2600 Bull Street, Columbia, SC 29201
Internet: WPO#123#DHEC4005.COLUMB35#c#NUZUM(c
Tennessee Water Pollution Control
L&C Annex, 6th Floor
401 Church Street, Nashville, TN 37243-1534
Telephone
334-271-7936
FAX334-270-5612
850-921-9915
FAX 850-92 1-52 17
404-656-4887
FAX404-657-7379
502-564-3410
FAX 502-564-4245
601-961-5151
FAX 60 1-96 1-5703
919-733-5083,
Ext. 548
FAX919-733-9919
•0903-734-9251
FAX803-734-5216
gmSTATE.SC.US
615-532-0669
FAX615-532-0614
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21
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@epa.gov
Authorized State Offices in EPA Region 5
Name and Title
Chuck Fellman
StormWater Management
Lori Gates
StormWater Coordinator
Susan Benzy
Chief, Storm Water Permits Unit
Dan Sullivan
StaffEngineer/StormWater Coordi
Robert Phelps
StormWater Coordinator
Erich Rortvedt
StormWater Administrative Assisl
Address
Illinois EPA
1021 North Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
Indiana Department ofEnvironmental Management
100 N. Senate Avenue
P.O.Box6015
Indianapolis, IN 46206-6015
E-mail: lgate(5>opn.demstate.in.us
Michigan Department ofNatural Resources
Surface Water Quality Division
P.O.Box30273
Lansing, MI 48909
Minnesota Pollution Control Agency
aWater Quality Division
520 Lafey ette Road North
St. Paul, MN 55155-4194
Ohio EPA, Water Pollution Control
1800 Watermark Drive
P.O.Boxl049
Columbus, OH 43216-1049
Wisconsin Department ofNatural Resources
iriOl S.Webster
P.O.Box7921
Madison, WI 53707
Telephone
217-782-0610
FAX217-782-9891
317-233-6725
FAX 3 17-233-863:
517-335-4188
FAX517-373-995S
612-296-7219
FAX 6 12-282-624:
614-644-2034
FAX 6 14-644-232'
608-264-6273
FAX608-267-280(
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22
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 Lars en
Title
Environmental Scientist
Municipal Permits Section
Telephone
214-665-7523
E-mail: larsen.brent@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 TeamLeader
Address
Arkansas Department ofEnvironmental Quality
800 1 National Drive, P .O. Box 8913, Little Rock, AR 722 1 9-i
E-mail: dunne@adeq .state.ar.us
Louisiana Department ofEnvironmental Quality
Office ofWater Resources, 7290 Bluebonnet Boulevard
P.O.Box82215, Baton Rouge, LA 70810
E-mail: darleneb@deq.state.la.us
Oklahoma Department ofEnvironmental Quality
Water Quality Program, P .O . Box 1 677
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@tnrcc.state.tx.us
Telephone
501-682-0627
9HAX 501-682 -09K
504-765-0525
FAX 504-765-063*
405-702-8100
512-239-4527
EPA Region VII
Address U.S. EPA -Region VII
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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23
Authorized State Offices in EPA Region 7
Name and Title
Joe Griffin
Storm Water Coordinator
Shawn Howell
Storm Water Coordinator
Evangeline Bays
Environmental Specialist
JimYeggy
Stormwater Coordinator
Address
Iowa Department ofNatural Resources
Environmental Protection Division
900 E. Grand Avenue, DesMoines,IA 50319-0034
Kansas Department ofHealth and Environment
Industrial Programs Section
Building 283 -Forbes Field
J Street and 2 North, Topeka,KS 66620
Missouri Department ofNatural Resources
205 Jefferson Street
P.O. Box 176, Jefferson City, MO 65102
Nebraska Department ofEnvironmental Quality
The Atrium
1200 N Street, Suite 400
P.O.Box98922, Lincoln,NE 68509-8922
Telephone
515-281-7017
FAX515-281-889*
785-296-5549
FAX 913-296-550'
573-526-2928
FAX314-751-939(
402-471-2023
FAX 402-471-290'
EPA Region VIII
Address U.S. EPA -Region VIII
999 18th Street, Suite 500
Denver, CO 80202-2466
Fax 303-312-6071
Name
Vemon Berry
StormWater Coordinator (8EPR-EP)
Title
U.S. EPA - Region VIII
999 1 8th 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/StormWa
Coordinator
Address
Colorado Department ofPublic 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 ofEnvironmental Quality
Permitting and Compliance Division
P.O.Box200901, Helena,MT 59620-0901
E-mail: bheckenberger@state.mt.us
North Dakota Department ofHealth
eDivision ofWater Quality
1200 Missouri Avenue
P.O.Box5520, Bismarck,ND 58506-5520
E-mail: rkowalsk@state.nd.us
Telephone
303-692-3596
FAX303-782-039C
406-444-5310
Fax406-444-1374
701-328-5244
FAX701-328-520C
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24
Name and Title
Address
Telephone
Stacy Reed
Natural Resources Engineer
South Dakota Department ofEnvironment and Natural
Division ofEnvironmental Services
Joe Foss Building
523 E.Capitol, Pierre,SD 57501-3181
E-mail: stacy.reed(5>state.sd.us
Resourc :s300
1-737-8676
FAX 605-773-6033
Harry Campbell
Environmental Engineer/
Storm Water Coordinator
Utah Department ofEnvironmental Quality
Division ofWater Quality
288 North 1460 West
P.O. Box 144870, Salt Lake City,UT 84114-4870
E-mail: hcampbelfajdeq.state.ut.us
801-538-6923
FAX801-538-60K
Brian Heath
Environmental Scientist
Wyoming Department ofEnvironmental Quality
Water Quality Division
Herschler Building
122 West 25th Street, Cheyenne, WY 82002
E-mail: bheath@ nissc.state.wy.us
307-777-6359
FAX 307-777-5973
EPA Region IX
Address U.S. EPA -Region IX
75 Hawthorne Street
Fax
San Francisco, C A 94105
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 Fujimo to
State Storm Water Coordinator
Chief ofStormWater Unit
Alec Wong
Coordinator
Rob Saunders
Environmental Engineer, Division of
Conservation and Natural Resources
Address
California State Water Resources Control Board
Division ofWater Quality
(90 IP Street, Sacramento, CA 95814)
P.O. Box 9442 13, Sacramento, CA 94244-2130
Hawaii Department ofHealth
Clean Water Branch
919 Ala Moana Boulevard, Room 30 1
Honolulu,HI 96814
Bureau ofWater Division and Control
Division ofEnvironmental Protection
333 W.NyeLane, Carson City, NV 89710
Telephone
916-657-0908
FAX916-657-1011
808-586-4309
FAX 808-586-4352
702-687-4670
Ext. 3149
FAX 702-687-5856
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25
EPA Region X
Address U.S. EPA -Region X
1200 6th Avenue
Fax
Seattle, WA 98101
206-553-0165
Name
Misha Vakoc
Title
Storm Water Coordinator
Telephone
206-553-6650
E-mail: vakoc.nisha@epa.gov
Authorized State Offices in EPA Region
X
Name and Title
PaulKeiran
Stanley J. Ciuba
Address
Oregon Department ofEnvironmental Quality
2020 SW 4th Avenue, Suite 400, Portland, OR 97201
Washington Department ofEcology
StormWater Management Program
Water Quality Program
P.O.Box47600, 01ympia,WA 98504-7600
Telephone
503-229-6345
5E&K 503-229-5359
360-407-6435
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26
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
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27
APPENDIX E - Regulatory Language for the
"No Exposure Exclusion"
68840 Federal Register / Vol. 64, No. 235 / Wednesday, December 8,1999 / Rules and Regulations
tstoregulated, i.e under an air quality
nt, and evident in the storm
.j ftes;
lalwb exposure" certifications
(g) Conditional exclusion for "no(^r>fedBcpi'ately maintained vehiclefsDJIsMatErial handling equipment (except
of industrial activities and materiakto-isidOTidling; and adequately maintained vehicles);
water. Discharges composed entiref^ijorHliarprpducts, other than proTOcMatErtals or products during loading/
water are not storm water dischasgemd be mobilized in storm watenidisffiftiarg©r transporting activities;
associated with industrial activit^afitjisanekissalii)) (F) Materials or products stored outdoors
exposure" of industrial materials ana activities (except final products intended for outside
to rain, snow, snowmelt and/ or m^&J^ianiiatioris. (i) Storm wateruisckaggesew cars, where exposure to storm
the discharger satisfies the conditfirara construction activities identifimendoes not result in the discharge of
paragraphs (g)(l) through (g)(4) piatakaphs (b)(14)(x) and (b)(15)andlnttnts);
r^ . «c< *cc~x T ^c?/ ^ ' ??*— \a/ \ /iii.' 'i vi Jp j Y *' ^ ' M *-j 1^ ' ^ 1 /• i / s~~\ \~\/tt'^*'\ i * 1 *
section. No exposure means mahajBle for this conditional exclusion.G) Materials contained in open,
industrial materials and activities a^pTalifflctediditional exclusion frdpietimerated or leaking storage drums,
by a storm resistant shelter to pnaaopmlrernent for an NPDES permiibHrralailtdnlLks, and similar containers;
exposure to rain, snow, snowmeto^dMprity-wide basis only, not fo(Bfi)dMHti3aials or products handled/ stored
runoff. Industrial materials or actodtfafel3ntuad%cility has some disami^Egdsfcatrjaiiway s owned or maintained by
but are not limited to, material hawatergchat would otherwise be "ntohsflissaliBarger;
equipment or activities industriaflmddmpEiyijidividual permit require(jJfeWaste material (except waste in covered,
raw materials, intermediate prodi$)oMatenals or products from p^stamg«Eatthpse persons directly involved in
tivity; gathering the information,
those containers are not deteriorate
not leak ("Sealed" means banded sit
secured and without operational tar
valves); ac
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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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