Lion.com will undergo scheduled maintenance at 5 PM ET on Friday, September 5. Intermittent service interruptions may occur.
Search

Take Advantage of NPDES Permitting Reliefs

Posted on 4/9/2013 by Anthony R. Cardno

Industrial facilities at which “stormwater associated with industrial activity” is discharged are generally required by the U.S. EPA to obtain an NPDES permit, follow strict regulations, and keep exacting records.
 
To avoid the permit requirement, EHS professionals can take advantage of an available relief known as the “No Exposure” certification. This conditional exemption can exclude any industrial facility otherwise subject to the NPDES permitting rules—with the exception of construction operations disturbing more than five acres—from the permit requirement.
 
To qualify for this exclusion, facilities must first provide storm-resistant shelter for industrial materials and activities. This component can often be more confusing than it sounds. However, the definition of “no exposure” established by EPA is “all industrial materials or activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt and/or runoff.” [64 FR 68785, December 8, 1999] At a bare minimum, your sheltering needs to be sufficient to prevent any precipitation from contacting your industrial materials/activities.
 
EPA Regulations Workshops Banner
 
Within that same rulemaking a storm-resistant shelter is defined as “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 run-off of stormwater.” This definition is still somewhat open-ended but gives us a better idea of what EPA has in mind when talking about a storm-resistant shelter.
 
There are two ways to provide storm-resistant sheltering:
 
  • Move materials and activities indoors into existing buildings; or
  • Construct new structures to protect materials.
Some things are considered by EPA to be “inherently storm-resistant” and therefore are not in need of additional storm-resistant sheltering:
 
  • Drums, barrels, tanks, and similar containers that are tightly sealed and not leaking or deteriorated. “Sealed” is generally acknowledged to mean banded or otherwise secured and without operational taps or valves;
  • Adequately maintained vehicles used for handling materials, as long as they are not leaking contaminants and are not otherwise a source of industrial pollutants; and
  • Final products, such as a new car or steel i-beams ?Although some final products that would be mobilized in stormwater do require addtional storm-resistant sheltering, for instance, rock salt.
Remember, the No Exposure certification is conditional: if you fail to meet the conditions at any point, you are then subject to NPDES stormwater permitting requirements. The No Exposure certification is a lightening of your compliance requirements, not a complete exemption from them.
 
Providing storm-resistant sheltering for industrial materials and activities is only the first component to qualifying for the exclusion. For more details about the No Exposure certification and a complete list of components for qualification, see this Fact Sheet issued by EPA.
 
Identify and prepare to meet your environmental compliance responsibilities under the EPA’s major programs at the Complete Environmental Regulations Workshop! The workshop covers core elements, basic requirements, and how to locate applicable provisions in the Clean Air Act, Clean Water Act, TSCA, FIFRA, Superfund, and more!
 

Tags: Act, Clean, EPA, reporting and recordkeeping, Water

Find a Post

Compliance Archives

Lion - Quotes

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

Lion courses are the standard to which all other workshops should strive for!

Brody Saleen

Registered Environmental Health Specialist

The instructor made the class very enjoyable and catered to the needs of our group.

Sarah Baker

Planner

The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.

Donnie James

Quality Manager

These are the best classes I attend each year. I always take something away and implement improvements at my sites.

Kim Racine

EH&S Manager

The course is well thought out and organized in a way that leads to a clearer understanding of the total training.

David Baily

Hazmat Shipping Professional

One of the best trainings I have ever received!

Brandon Morfin

EH&S Manager

I tried other environmental training providers, but they were all sub-standard compared to Lion. I will not stray from Lion again!

Sara Sills

Environmental Specialist

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

Download Our Latest Whitepaper

Get to know the top 5 changes to OSHA’s revised GHS Hazard Communication Standard at 29 CFR 1910.1200 and how the updates impacts employee safety at your facility.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.