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Water: Stormwater

Conditional No Exposure Exclusion

Operators of industrial facilities in any of the following categories of stormwater discharges associated with industrial activity have the opportunity to certify to a condition of "no exposure" if their industrial materials and operations are not exposed to stormwater. In general, the 10 categories of industrial activities are as follows:

  • Category One (i): Facilities subject to federal stormwater effluent discharge standards in 40 CFR Parts 405-471
  • Category Two (ii): Heavy manufacturing (for example, paper mills, chemical plants, pretroleum refineries, and steel mills and foundries)
  • Category Three (iii): Coal and mineral mining and oil and gas exploration and processing
  • Category Four (iv): Hazardous waste treatment, storage, or disposal facilities
  • Category Five (v): Landfills, land application sites, and open dumps with industrial wastes
  • Category Six (vi): Metal scrapyards, salvage yards, automobile junkyards, and battery reclaimers
  • Category Seven (vii): Steam electric power generating plants
  • Category Eight (viii): Transportation facilities that have vehicle maintenance, equipment cleaning, or airport deicing operations
  • Category Nine (ix): Treatment works treating domestic sewage with a design flow of 1 million gallons a day or more
  • Category Eleven (xi): Light manufacturing (For example, food processing, printing and publishing, electronic and other electrical equipment manufacturing, and public warehousing and storage).

(Note: Category Ten (x): Construction Activity is addressed under the construction component of the NPDES Stormwater Program and is not eligible for the no exposure exclusion.)

As long as the condition of "no exposure" exists at a certified facility, the operator is excluded from NPDES industrial stormwater permit requirements provided that the operator notifies the permitting authority at least every five years. The conditional no exposure exclusion replaces the no exposure exemption described under the Phase I Stormwater Program.

The links below provide more detailed information on the conditional "no exposure" exclusion:

If you are in an area where EPA is the permitting authority, you can now use the eNOI system to submit your no exposure certification.


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