Section 327 IAC 15-6-12 - Conditional no exposure exclusionAuthority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2; IC 13-18-3; IC 13-18-4
Affected: IC 13-11-2; IC 13-12-3-1; IC 13-18-1
Sec. 12.
(a) In addition to the definitions contained in IC 13-11-2, 327 IAC 5, 327 IAC 15-1-2, and section 4 of this rule, the following definitions apply throughout this section: (1) "Adequately maintained vehicle" means a vehicle (truck, automobile, forklift, trailer, or other general purpose vehicle) found on facility property that is not industrial machinery and not leaking or otherwise a potential source of contaminants.(2) "Final product" means a product that is not used in producing other products and is built and intended for use outdoors, provided the final product has not deteriorated or has otherwise become a potential source of contaminants.(3) "Industrial materials and activities" means:(A) material handling equipment or activities;(B) industrial machinery;(C) raw materials, intermediate products, byproducts, and final products; or(4) "Intermediate product" means a product that is used in the composition of yet another product.(5) "Material handling activity" means the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, byproduct, or waste product. The term does not include activities conducted on facility property separate from the facility's industrial activities, such as office buildings and accompanying parking lots, as long as the drainage from the excluded areas is not mixed with storm water drained from the included areas.(6) "Sealed container" means a container that has been banded or otherwise secured, without operational taps or valves, provided the container is not deteriorated and does not leak.(7) "Storm-resistant shelter" means a completely roofed and walled building or structure, as well as a structure 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 storm water.(b) A facility regulated under this rule may request an exclusion from permit coverage by: (1) submitting a complete "No Exposure Certification" form provided by the commissioner;(2) allowing the commissioner to inspect the facility to determine compliance with the "no exposure" conditions;(3) allowing the commissioner to make any "no exposure" inspection reports available to the public upon request; and(4) for facilities that discharge through a regulated MS4 conveyance, upon request, submitting a copy of the certification of "no exposure" to the MS4 operator, as well as allowing inspection and public reporting by the MS4 operator.(c) New or existing facilities that were not previously required to obtain a permit under this rule, but are subject to it, must either obtain permit coverage in accordance with sections 5 and 6 of this rule or comply with the procedures in subsection (b).(d) To determine if a facility can apply for the no exposure certification, the following must be considered: (1) A condition of no exposure exists at an industrial facility when all industrial materials and activities are protected by a storm-resistant shelter to prevent exposure to rain, snow, snowmelt, and run-off.(2) The conditional no exposure exclusion is available on a facility-wide basis only, not for individual outfalls, and a no exposure certification must be provided for each facility qualifying for the no exposure exclusion.(3) The no exposure certification requirement applies to all industrial facilities regulated under this rule, including light industrial facilities that were previously not required to submit documentation to be excluded from storm water permitting requirements.(4) A storm-resistant shelter is not required for the following industrial materials and activities: (A) Drums, barrels, tanks, and similar containers that are tightly sealed, provided these containers are not deteriorated and do not leak.(B) Adequately maintained vehicles used in material handling.(C) Final products, except those products that would be mobilized in storm water discharges (for example, rock salt), products that may, when exposed to storm water, oxidize, deteriorate, leak, or otherwise be a potential source of contaminants, or final products that are in actuality intermediate products.(5) Particulate matter emissions from roof stacks and vents that are otherwise regulated by, and in compliance with, the department's other environmental protection programs (for example, air quality control programs) and do not cause storm water contamination are considered not exposed. Particulate matter or visible deposits of residuals from roof stacks and vents not otherwise regulated (for example, under an air quality control program) and evident in storm water discharges are considered exposed. Likewise, visible "track out" (pollutants carried on the tires of vehicles) and windblown raw materials are considered exposed.(6) General and industrial refuse and trash contained in covered, nonleaking containers are not considered exposed as long as the containers are completely covered and nothing can drain out holes in their bottoms or be lost in loading onto a garbage truck. General and industrial refuse and trash that are left uncovered, however, are considered exposed.(7) Storm water run-off from separate office buildings and their associated parking lots do not need to be considered when determining no exposure at an industrial facility.(8) Temporary covers may be used to shelter materials and activities until permanent enclosure can be achieved. The temporary sheltering of industrial materials and activities is only allowed during facility renovation or construction.(9) Aboveground storage tanks (ASTs) are generally considered not exposed and may be exempt from the prohibition against adding or withdrawing materials to or from external containers. For an AST to be operational and qualify for no exposure: (A) it must be physically separated from, and not associated with, vehicle maintenance operations;(B) there must be no piping, pumps, or other equipment leaking contaminants that could contact storm water; and(C) it must be surrounded by some type of physical containment to prevent run-off in the event of a structural failure or leaking transfer valve.(e) The no exposure certification must include the following information: (1) The person's name, address, and phone number.(2) The facility name and address, the county name, and the latitude and longitude where the facility is located.(3) The certification must indicate that none of the following materials or activities are, or will be in the foreseeable future, exposed to precipitation: (A) Using, storing, or cleaning industrial machinery or equipment, and areas where residuals from using, storing, or cleaning industrial machinery or equipment remain and are exposed to storm water.(B) Materials or residuals on the ground or in storm water inlets from spills or leaks.(C) Materials or products from past industrial activity.(D) Material handling equipment (except adequately maintained vehicles).(E) Materials or products during loading and unloading or transporting activities.(F) Materials or products stored outdoors (except final products intended for outside use, for example, new cars, where exposure to storm water does not result in the discharge of pollutants).(G) Materials contained in open, deteriorated, or leaking storage drums, barrels, tanks, and similar containers. (H) Materials or products handled or stored on roads or railways owned or maintained by the facility.(I) Waste material (except waste in covered, nonleaking containers, for example, dumpsters).(J) Application or disposal of process wastewater (unless otherwise permitted).(K) Particulate matter or visible deposits of residuals from roof stacks or vents not otherwise regulated, that is, under an air quality control permit, and evident in the storm water outflow.(4) All no exposure certifications must include the following certification statement and be signed in accordance with 327 IAC 15-4-3(g) and 327 IAC 15-4-3(h): "I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no exposure" and obtaining an exclusion from NPDES storm water permitting; and that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial facility identified in this document (except as allowed under subsection (d)(4)). I understand that I am obligated to submit a no exposure certification form once every five (5) years to the department and, if requested, to the operator of the local regulated MS4 into which this facility discharges (where applicable). I understand that I must allow the department, or MS4 operator where the discharge is into the local regulated MS4, to perform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. I understand that I must obtain coverage under an NPDES permit prior to any point source discharge of storm water from the facility. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly involved in gathering the information, the information submitted is to the best of my knowledge and belief true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.".(f) Information contained in the "No Exposure Certification" form provided by the commissioner shall be used by the commissioner to determine whether a facility is eligible for the exclusion. Definitions of terms provided in these documents shall apply to the commissioner's interpretation of the no exposure exclusion.(g) A facility excluded under this section shall meet the following requirements:(1) A copy of the "No Exposure Certification" form must be retained on site at the facility for a period of five (5) years following the date that the commissioner received the original form in order for the no exposure exclusion to remain applicable.(2) The "No Exposure Certification" form must be submitted once every five (5) years to the commissioner with updated information as necessary.(3) The certification for no exposure is nontransferable. If a new operator or owner takes over a facility, the new operator shall immediately complete and submit a new certification form in order to claim the exclusion.(4) If changes at a facility result in industrial activities or materials becoming exposed to storm water, the no exposure exclusion ceases to apply. The person with financial responsibility or operational control for the facility must submit an NOI letter in accordance with sections 5 and 6 of this rule at least two (2) days before the foreseen changes happen that cause the condition of exposure.(5) If unforseen events, such as spills, equipment malfunctions, or acts of nature, cause industrial activities or materials to become exposed to storm water, the no exposure exclusion may still apply provided notification is given to the commissioner within twenty-four (24) hours of facility personnel becoming aware of the exposure and corrective measures are taken to reestablish a condition of no exposure prior to the next storm water discharge event.(h) If the commissioner finds that, during a compliance inspection or at a later time, the facility has a reasonable potential to cause a violation or nonattainment of a water quality standard or does not meet the conditions for the no exposure exclusion, the commissioner may, upon notifying the facility in writing, deny or revoke the exclusion and require the facility to obtain permit coverage within thirty (30) days of the date on the notification letter.(i) Failure to maintain the condition of no exposure or obtain coverage under an NPDES permit may lead to the unauthorized discharge of pollutants to waters of the state.Water Pollution Control Board; 327 IAC 15-6-12; filed Oct 27, 2003, 10:15 a.m.: 27 IR 860; errata filed Feb 4, 2004, 1:45 p.m.: 27 IR 2285; errata filed Feb 6, 2006, 11:15 a.m.: 29 IR 1938; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA; readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA;Filed 10/9/2015, 4:07 p.m.: 20151104-IR-327100659FRAReadopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA