No Exposure Exclusion

The Phase II final rules modified the Phase I regulations to provide an exemption from stormwater permitting for industrial facilities within the 11 categories described at 40 CFR 122.26(b)(14)(i)-(xi). These facilities must have no exposure of industrial materials and activities to stormwater. Facilities claiming the exemption must submit a no exposure certification to the permitting authority once every five years (see also no exposure certification guidance). Construction sites are not eligible for the no exposure exemption. The conditional no exposure exclusion in Phase II replaces the no exposure exemption described under the Phase I Stormwater Program.

Source: Image of ModuTank, Inc.

Copyright @ January,2005 Prepared by Transportation Environmental Resource Center (TERC)