No Exposure Exclusion NEE Requirements Under Revised EPD Industrial Permit

The 2012 NPDES General Permit No. GAR050000 for Storm Water Discharges Associated with Industrial Activity (2012 IGP) was issued as a third draft for public comment on January 17, 2012. Comments are being accepted from January 17 to March 16, 2012. Georgia Department of Natural Resources - Environmental Protection Division (EPD) anticipates the final industrial permit will be issued in April 2012.

Click here to review a Regulatory Briefing on the 2012 ICP

One of the significant requirements in the final draft permit is related to facilities that submit a No Exposure Exclusion (NEE). Those facilities that have certified to a condition of No Exposure by submitting the Industrial No Exposure Exclusion Certification form are exempt from the IGP as long as the condition of No Exposure is maintained. However, Georgia is unique is requiring that NEE facilities document compliance with the NEE requirements. Owners and operators of facilities for which an NEE form is submitted are required to conduct quarterly inspections each year to ensure that a condition of No Exposure is maintained at the facility. Results of the inspections must be maintained at the facility and available to EPD upon request.

If an inspection shows that any condition of the No Exposure Exclusion does not exist, then appropriate remedial measures are required within 30 days of the inspection, or the facility owner or operator must submit an NOI to obtain coverage under the general permit

The NEE form must be submitted on every permit cycle re-issuance. Therefore facilities that submitted their NEE form under the previous permit must resubmit their certification within 30 days after the effective date of the 2012 IGP.

Caltha LLP provides expert consulting services to public and private sector clients in Georgia and nationwide to address Stormwater Permitting & Regulatory Support, Stormwater Pollution Prevention Plans (SWPPP), Stormwater Monitoring and Stormwater Training.

For further information contact Caltha LLP at

info@calthacompany.com or Caltha LLP Website

Managing Wastes and Waste Containers - Dumpsters - Roll-offs

One of the more challenging aspects of compliance with State and Federal stormwater pollution prevention requirements is the management of wastes. This holds true for both facilities that have a stormwater discharge permit, and facilities that have a conditional No Exposure Certification exemption.

Facilities that operate under a No Exposure Certification (NEC) find waste management particularly challenging because they have certified that wastes are not exposed to stormwater and that any wastes stored outdoors are managed in covered, water tight containers. In some States (e.g., Washington, New Jersey and others), all wastes must be stored inside a permanent building to qualify for the NEC exemption. Facilities that utilize roll-off containers find it challenging to either move containers indoors, or to use covered and water tight containers.

NEC facilities also have to address contractor wastes. As construction or renovation projects proceed, contractors need to meet the same requirements for waste storage. [Read more about NEC compliance]

Facilities that manage their stormwater impacts through a stormwater pollution prevention plan also need to address waste generation and storage. These facilities may elect to move wastes indoors or to use covered containers. However, in general, permitted facilities have more options available for waste management. They simply need to develop procedures to minimize the potential impacts of waste storage on their stormwater discharge.

Caltha LLP helps permitted and NEC facilities to develop cost effective waste management procedures to comply with regulatory requirements and to minimize their environmental footprint. Click here to request further information on Stormwater and SWPPP Services.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

No Exposure Exemption - Maintaining Compliance with NEC

Many industrial and “industrial-like” municipal facilities can avoid stormwater permit requirements by submitting and complying with No Exposure Certifications (NEC) which provides a conditional exemption from the requirement to obtain a stormwater permit. States differ in their exact requirements for this NEC exemption [read example of NEC differences], however, in general to meet the NEC requirements, no materials and industrial activities can be exposed to precipitation or stormwater run-off.

The important point regarding the NEC is that it creates a conditional exemption – as long as the facility meets the conditions, it is exempted. At any time the facility does not meet the conditions, the exemption does not apply and the facility may technically be discharging without a permit. Therefore, having systems or procedures to assure continuous compliance with the NEC requirements is important.

Caltha has found several areas at typical operations present a significant challenge to maintaining NEC compliance:

• Waste handling
• Loading/unloading
• Equipment maintenance activities
• Construction and renovation activities

Assuring that contractors that may be working on-site for short periods also meet NEC requirements is a important element of NEC compliance. Contractor materials and wastes, such as temporary roll-off containers, need to meet NEC requirements in most States.

Caltha LLP provides technical guidance to dischargers nationwide to meet NEC requirements and develop procedures to maintain compliance.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website

New Jersey (NJDEP) No Exposure Industrial Stormwater Permit

In June 2007, the New Jersey Department of Environmental Protection (NJDEP) reissued its general permit for stormwater discharges from industrial sites. The reissued permit did not include stormwater monitoring or sector-specific requirements, which are common in many general stormwater permits being reissued recently around the US.

Rather than including many detailed requirements in the general permit, NJDEP has opted to include a significant performance requirement - once the stormwater pollution prevention plan (SPPP) is implemented, there must be no exposure of source materials and/or industrial activity to stormwater. This requirement is in contrast to other States where exposure to stormwater should be “minimized”. New Jersey permittees must be in compliance with the no exposure requirement by the end of 2008.

NJDEP does offer a conditional exemption from obtaining a discharge permit through a No Exposure Certification; however, the requirements for no exposure are more stringent. In this case the requirement is for Permanent No Exposure – all industrial materials are stored and/or all industrial activities are performed (with limited exceptions) inside a permanent building or permanent structure that is anchored to a permanent foundation and is completely roofed and walled.

Contact Caltha LLP or more information on SPPP templates that meet NJDEP permit requirements.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website