Guidance Manual for Conditional Exclusion from Storm Water Permitting Based on'No Exposure' of Industrial Activites to Storm Water

摘要

The 1990 storm water regulations for Phase I of the federal storm water programidentify eleven categories of industrial activities under the definition of a 'storm water discharge associated with industrial activity' that must obtain a National Pollutant Discharge Elimination System (NPDES) permit. Under the Phase I regulations, operators of facilities within Category (xi), referred to as light industry were exempted from storm water permitting requirements, provided their industrial materials or activities were not exposed to precipitation or runoff. In 1992, the Ninth Circuit Court demanded to EPA for further rulemaking the no exposure exemption for light industry. It resulted to a revised no exposure exemption promulgated as part of the Phase II storm water regulations. The intent of the no exposure exclusion is to provide all industrial facilities regulated under Phase I of the NPDES Storm Water Program, whose industrial materials and activities are completely sheltered, with a simplified method for complying with Clean Water Act.