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

Lion was very extensive. There was a lot of things that were covered that were actually pertaining to what I do and work with. Great Job. I will be coming back in three years!

Tony Petrik

Hazmat Shipping Professional

The workshop covered a lot of information without being too overwhelming. Lion is much better, more comprehensive than other training providers.

George Alva

Manufacturing Manager

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

This is a very informative training compared to others. It covers everything I expect to learn and even a lot of new things.

Quatama Jackson

Waste Management Professional

Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers.

Robert Brenner

District Environmental Manager

We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training.

Timothy Mertes

Hazmat Shipping Professional

Excellent. I learned more in two days with Lion than at a 5-day program I took with another provider.

Francisco Gallardo

HES Technician

Lion's information is very thorough and accurate. Presenter was very good.

Melissa Little

Regulatory Manager

Energetic/enthusiastic! Made training enjoyable, understandable and fun!

Amanda Walsh

Hazardous Waste Professional

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

Download Our Latest Whitepaper

Spot and correct 4 of the most common universal waste errors before they result in a notice of violation during a Federal or state inspection.

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.