Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2; IC 13-18-3;
Affected: IC 13-11-2; IC 13-12-3-1; IC 13-18-1
addition to the definitions contained in IC 13-11-2, 327 IAC 5
327 IAC 15-1-2
section 4 of this rule, the following definitions apply throughout this
(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.
"Industrial materials and activities"
(A) material handling equipment or
(C) raw materials,
intermediate products, byproducts, and final products; or
(D) waste products.
(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
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;
(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).
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
(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.
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.
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
(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.
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.
The no exposure certification must
include the following information:
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.
The certification must indicate that none
of the following materials or activities are, or will be in the foreseeable
future, exposed to precipitation:
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
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
contained in open, deteriorated, or leaking storage drums, barrels, tanks, and
or products handled or stored on roads or railways owned or maintained by the
(I) Waste material
(except waste in covered, nonleaking containers, for example,
(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.
All no exposure certifications
must include the following certification statement and be signed in accordance
327 IAC 15-4-3(g)
: "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.
A facility excluded under this section
shall meet the following requirements:
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.
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
(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.