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

I have been to other training companies, but Lion’s material is much better and easier to understand.

Mark Abell

Regional Manager

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

I like the consistency of Lion workshops. The materials are well put together and instructors are top notch!

Kevin Pylka

Permitting, Compliance & Environmental Manager

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

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

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

As always, Lion never disappoints

Paul Resley

Environmental Coordinator

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

Lion's course was superior to others I have taken in the past. Very clear in the presentation and the examples helped to explain the content presented.

George Bersik

Hazardous Waste Professional

Download Our Latest Whitepaper

In most cases, injuries that occur at work are work-related and must be recorded to maintain compliance with OSHA regulations. This report shows you the 9 types of injuries you don’t record.

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.