HomeMy WebLinkAboutNCGNE0295_COMPLETE FILE - HISTORICAL_20180220STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
NCGNE Oa
DOC TYPE
❑HISTORICAL FILE
DOC DATE
❑ Ci1U) � OC�o�V
YYYYMMDD
r-
Joyner, Melissa
From:
Lawyer, Mike
Sent:
Tuesday, February 20, 2018 5:26 PM
To:
Matt LaCasse (NGU); Joyner, Melissa
Cc:
John Romero; Chad Kormanek (NGU); Jeffery Gainey (NGU)
Subject:
RE: [External] RE: Nitta Gelatin Meeting
Attachments:
Section 313 Water Priority Chemicals.pdf; 40 CFR Part 116_Designation of Hazardous
Su bstances.pdf
appreciate being included in this discussion. I wanted to remind everyone that the secondary containment
requirements are not only for the bulk storage of liquid materials (single container with capacity of greater than 660
gallons or multiple containers in close proximity to each other with capacity of greater than 1,320 gallons), but also
storage in any amount of Section 313 of Title III of the SARA water priority chemicals as well as storage in any amount of
hazardous substances. See attached.
Michael Lawyer, CPSWQ
Environmental Program Consultant
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
910 433-3394 office
mike. iawyer[a�ncdenr.gov
225 Green Street, Suite 714
Fayetteville, NC 28301
N, - �- -
�Noth rig Co' mparesn.� _ - --
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Matt LaCasse (NGU) [mailto:M.LaCasse@nitta-gelatin.com]
Sent: Tuesday, February 20, 2018 2:20 PM
To: Joyner, Melissa <melissa.joyner@ncdenr.gov>; Lawyer, Mike <mike.lawyer@ncdenr.gov>
Cc: John Romero <J.Romero@nitta-gelatin.com>; Chad Kormanek (NGU) <c.kormanek@nitta-gelatin.com>; Jeffery
Gainey (NGU) <J.Gainey@nitta-gelatin.com>
Subject: RE: [External] RE: Nitta Gelatin Meeting
Melissa,
Yes, the signs will be attached to the fence in locations so that a set distance will be "built in" if you will between storage
of chemicals of different types. We almost never keep more than 4 full totes of any chemical on site at a time, so this
will allow us to comply naturally with the no more than 1320 gallons in "close proximity" verbiage. of course, we will still
have the WW technician keeping track of this regularly and it will be included on the monthly Good Housekeeping audit
as well.
We are still investigating building a covered storage with a containment pad for these totes in that same area, which if
implemented, will make the above scenario moot.
Thanks,
40 NM(3 Gelcrt]n USA, Inc.
Matt LaCasse � Plant Manager I m.lacasse- niva-gelatin.com
Tel: 910.745.8843 � Cell: 563,209.67301 Fax: 910.252.0243 J TF: 1.855.599.7726
4341 Production Drive
Fayetteville, NC 28306
mvw.nitta-eelatin.corn
From: Joyner, Melissa[mailto:melissa.ioynerPncdenr.gov]
Sent: Tuesday, February 20, 2018 2:03 PM
To: Matt LaCasse (NGU) <M.LaCasse@nitta-gelatin.com>; Lawyer, Mike <mike.lawyer@ncdenr.gov>
Cc: John Romero <J.Romero@nitta-gelatin.com>; Chad Kormanek (NGU) <c.kormanek@nitta-gelatin.com>; Jeffery
Gainey (NGU) <J.Gainey@nitta-gelatin.com>
Subject: RE: [External] RE: Nitta Gelatin Meeting
Dear Matt,
Thank -you for the clarification regarding the questions I had in my earlier email about the empty containers and the
5PCC plan.
One further question I had was: Can you expla16 in more detail how things will be set up with the signage which is to be
added to the fencing to designate where certain containers of chemicals are to be stored to prevent exceeding the close
proximity 1,320 gallon storage limit? Will there be a set distance between a certain number of containers which do not
exceed 1,�20 gallons? Thank you for the additional clarification. -
Regards,
Melissa
Melissa Joyner
Environmental Specialist
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
(910) 433-3384 office
meIissa.joy_ner(d,)ncdenr._gov
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
A ci-I.-
Nothing Compares-,-�-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Matt LaCasse (NGU) [mailto: M.LaCasse@nitta-gelatin.com]
Sent: Friday, February 16, 2018 5:36 PM
To: Joyner, Melissa <melissa.ioyner@ncdenr.pov>; Lawyer, Mike <mike.lawyer@ncdenr.gov>
Cc: John Romero <J.Romero @nitta-gelatin.com>; Chad Kormanek (NGU) <c.kormanek@nitta-gelatin.com>; Jeffery
Gainey (NGU) <J.GaineV@nitta-gelatin.com>
Subject: RE: [External] RE: Nitta Gelatin Meeting
Melissa,
...__ response.to.the_first question, our,plan is_to:stor_e_the empty_containers sealed,a_nd_u.pside clown.in a single -location.
until we have enough to be taken off site for disposal/recycling. - -
As for your second question, after further review it does appear that the SPCC Plan deals primarily with storage tanks
that contain animal oils (we have very few petroleum storage containers on site). While it does give spill cleanup and
response instruction for material from these tanks, it does not specifically address the other materials that we have on
site. The environmental consultant that Nitta Gelatin USA uses to advise on these programs will be at our plant next
Tuesday, 2/20. We will ask him at that time what is required to have a full spill prevention and response plan (or if it can
be integrated into the existing SPCC Plan).
Thanks,
40 Nitta Gelaiin USA, Inc.
Matt LaCasse I Plant Manager I rn.lacasse cr.nitta-gelatin.corn
Tel: 910.745.8843 I Cell: 563.209.6730 1 Fax: 910.252.0243 1 TF: 1.855.599.7726
4341 Production Drive
Fayetteville, NC 28306
www.nitta-,�elal in.com
From: Joyner, Melissa [mailto:melissa.loyner@ncdenr.gov]
Sent: Friday, February 16, 2018 2:44 PM
To: Matt LaCasse (NGU) <M.LaCasse@nitta-gelati_n.com>; Lawyer, Mike <mike.lawyer@ncdenr.Qov> -
Cc: John Romero <J.Romero nitta-gelatin.com>; Chad Kormanek (NGU) <c.kormanek nitta- elatin.com>; Jeffery
Gainey (NGU) <J.Gainev@nitta-gelatin.com>
Subject: RE: [External] RE: Nitta Gelatin Meeting
Good afternoon, Matt,
Thank you for sending the three years of Annual No Exposure Exclusion Self Re -certification forms and the detailed
response in regards to the findings following our meeting at Nitta Gelatin on Wednesday, Jan. 31, 2018. This looks like a
good plan in moving forward. I did have a couple of questions:
2/15/18 — Verify that the 1,320-gallon limit for chemical containers in close proximity is met (verified and
ordering signs to add to fencing to designate where containers of certain chemicals are to be stored to
prevent exceeding the close proximity 1,320-gallon storage limit)
1. Will all the empty containers be kept in one location?
2. Does the SPCC plan pertain to only oil/petroleum spills or does it apply to any kind of chemical spills?
Regards,
Melissa
Melissa Joyner
Environmental Specialist
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
(910) 433-3384 office
melissaJoynerCa)_ncdenr.gov
4
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
-,�"Nothing Compares—,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Matt LaCasse (NGU) [mailto:M.LaCasse nitta- elatin.com)
Sent: Thursday, February 15, 2018 5:50 PM
To: Joyner, Melissa <melissa.iovner@ncdenr.gov>; Lawyer, Mike <mike.lawyer@ncdenr.gov>
Cc: John Romero <J.Romero@nitta-gelatin.com>; Chad Kormanek (NGU) <c.kormanek@nitta-gelatin.com>; Jeffery
Gainey (NGU) <J.Gainey@nitta2elatin.com>
Subject: [External] RE: Nitta Gelatin Meeting
Melissa,
-The response_to your findings following our meeting on_Wednesday,_1/31/18, are attached below. I have scanned and
attached the three years of Annual No Exposure Exclusion Self Re -certification forms that you requested as well. I will
send the signed response and copies of the No Exposure Re -certifications to you as well via USPS.
In response to our meeting on Wednesday, January 31st, 2018 regarding the findings that Nitta Gelatin did not meet
the requirements of our No Exposure Certification, several action items have been created to address the issues
observed during a tour of the grounds that day and from shared information from the Division of Air Quality on a
separate visit.
Below is a list of action items noted during your visit related to storm water and the targeted times for their
completion. Notes have been added to the description where necessary.
• 2/15/18 - Verify that fuel oil tank is a double wall design (verified)
• 2/15/18 - Provide three (3) years of No Exposure Exclusion (documents attached)
2/15118 - Verify that the 1,320-gallon limit for chemical containers in close proximity is met (verified and
ordering signs to add to fencing to designate where containers of certain chemicals are to be stored to
prevent exceeding the close proximity 1,320-gallon storage limit)
• 3/16/18 - Tarps on the scrap metal roll off containers (container supplier to add tarps to roll offs)
• 3/16/18 — Exposed production equipment wrapped and sealed with heavy duty plastic
• 3/16/18 — Remove empty metal drums from site
• 3/16/18 — Procure spill catch pan for connection location for temporary storage tanks (i.e. Baker tanks)
• 6/1/18 — Develop Good Housekeeping audit checklist for outside grounds, train pertinent plant personnel,
audit is to be completed monthly by responsible person
• 7/1/18 — Complete investigation on cost and scope for adding a permanent secondary containment area for
chemical drum/tote storage
As for secondary containment on the tanks related to the waste water storage, after a follow up conversation with
Michael Lawyer on Thursday, February 15th, 2018, the determination was made that these tanks fall under the
regulation of the NC Department of Water Resources. It is understood that if no secondary containment is added to
these tanks, any waste water spill over 1,000 gallons or any amount of spill that makes it off -site to a local waterway
will need to be reported directly and immediately to the NC Department of Water Resources. Due to the estimated
cost, Nitta Gelatin will continue to evaluate the addition of secondary containment to these tanks in the future to
prevent any potential spill risk.
In addition, you inquired whether Nitta Gelatin had developed a spill prevention and response plan. The plant has a
SPCC Plan, which was last updated in 2016. The training for the SPCC Plan/spill prevention and response is to be
completed with plant personnel on an annual basis.
If there are any additional questions'from-this-response,-please Teel free -to contact -either me'at`(910) 745=8843'or'our'
corporate EHS Manager, John Romero, at the Morrisville office at (919) 238-3314.
Thanks,
00 Nitta Geelatln USA, Inc.
Matt LaCasse j Plant Manager I tn.lacasse tvnitta- >elatin.com
Tel: 910.745.8843 1 Cell: 563.209.6730 1 Fax: 910.252.0243 1 TF: 1.855.599.7726
4341 Production Drive
Fayetteville, NC 28306
�vww.nitta-gelatin.coni
From: Joyner, Melissa[mailto:melissa.ioyner@ncdenr.gov]
Sent: Friday, February 2, 2018 11:26 AM
To: Matt LaCasse (NGU) <M.LaCasse@nitta-gelatin.com>
Cc: John Romero <J.Romero@nitta-gelatin.com>
Subject: Nitta Gelatin Meeting
Dear Matt and John,
We appreciated your time and availability in meeting with us on Wednesday, January 31, 2018 regarding issues of
concern at Nitta Gelatin USA, Inc. The Division of Air Quality had recently conducted an inspection at the facility on
January 10, 2018 and share_ d information with us via photos about leakage occurring with the Baker Tanks and about
several storage -containers of liquid materials observed in close proximity. A meeting was initiated to discuss the
concern that the facility has not been in compliance with its No Exposure Certification. A No Exposure Certification
NCGNE0295 was issued for this facility on July 6, 2006. Since then there have been four incidents of spillage of grease,
sulfuric acid and/or sludge. It was also discussed that the multiple containers in close proximity meet the criteria for the
secondary containment requirement (located in close proximity with a total combined storage capacity of more than
1,320 gallons).
A tour of the grounds was conducted with the following findings where the facility is not meeting the No Exposure
Certification Requirements. The leakage from the Baker Tank had been cleaned up. There had been another Baker Tank
on site which had been removed at the time of the site meeting. It was observed that there is potential for additional
leakage and that this Tank which contains more than 660 gallons of storage meets the requirement of needing
secondary containment. There are also large tanks associated with the onsite wastewater/pretreatment system which
meet this requirement, requiring secondary containment. It was observed that several containers (totes and drums)
were in close proximity, on a permeable surface, with a combined storage capacity of more than 1,320 gallons, thereby
requiring secondary containment. There is also exposed old equipment on site, as well as two open -topped dumpsters.
We are requesting that you send us a plan of action by February 15, 2018 detailing the site modifications which will
occur at Nitta Gelatin USA, inc., within a reasonable time frame, which will enable the facility to continue to meet the
requirements of its No Exposure Certification. Standard operating procedures for Good Housekeeping and Spill
Prevention and Response programs should also be included. We are also requesting that you send us the Annual No
Exposure Exclusion Self Re -Certification forms for the last three years for our records.
If you have any questions about the information in this email, please contact me at (910) 433-3384.
Melissa Joyner - - - - -
Environmental Specialist
Division of Energy, Mineral and Land Resources
Department-of.Environmental Quality,__
(910) 433-3384 office
melissa. joyner(cD_ncdenr.gov_
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
C"_
Nothing Compares,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
*Nitta Gelatin USA, Inc.
4341 PRODUCTION DRIVE - FAYETTEVILLE, NC 28306
February 15, 2018
Melissa Joyner
Environmental Specialist
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
SUBJECT: Re: Nitta Gelatin Meeting
Dear Melissa Joyner,
RECEIVED
FEB 2 0 2018
DEQ-FAYETTEVI+LLE REGIONAL OFFICE
In response to our meeting on Wednesday, January 31 st, 2018 regarding the findings that Nitta
Gelatin did not meet the requirements of our No Exposure Certification, several action items have
been created to address the issues observed during a tour of the grounds that day and from shared
information from the Division of Air Quality on a separate visit.
Below is a list of action items noted during your visit as well as other items potentially related to
storm water and the targeted times for their completion. Notes have been added to the description
where necessary.
• 2/15/18 — Verify that fuel oil tank is a double wall design (verified)
• 2/15/18 — Provide three (3) years of No Exposure Exclusion (documents attached)
• 2/15/18 — Verify that the,1,320-gallon limit for chemical containers in close proximity is
met (verified and ordering signs to add to fencing to designate where containers of certain
chemicals are to be stored to prevent exceeding the close proximity 1,320-gallon storage
limit)
• 3/16/18 - Tarps on the scrap metal roll off containers (container supplier to add tarps to
roll offs)
• 3/16/18 — Exposed production equipment wrapped and sealed with heavy duty plastic
• 3/16/18 — Remove empty metal drums from site
• 3/16/18 — Procure spill catch pan for connection location for temporary storage tanks (i.e.
Baker tanks)
• 6/1/18 — Develop Good Housekeeping audit checklist for outside grounds, train pertinent
plant personnel, audit is to be completed monthly by responsible person
• 7I1/18 — Complete investigation on cost and scope for adding a permanent secondary
containment area for chemical drum/tote storage
Nitta Gelatin USA, Inc.
4341 PRODUCTION DRIVE - FAYETTEVILLE, NC 28306
As for secondary containment on the tanks related to the waste water storage, after a follow up
conversation with Michael Lawyer on Thursday. February 15th, 2018, the determination was
made that these tanks fall under the regulation of the NC Department of Water Resources. It is
understood that if no secondary containment is added to these tanks, any waste water spill over
1,000 gallons or any amount of spill that makes it off -site to a local waterway will need to be
reported directly and immediately to the NC Department of Water Resources. Due to the
estimated cost, Nitta Gelatin will continue to evaluate the addition of secondary containment to
these tanks in the future to prevent any potential spill risk.
In addition, you inquired whether Nitta Gelatin had developed a spill prevention and response
plan. The plant has a SPCC Plan, which was last updated in 2016. The training for the SPCC
Plan/spill prevention and response is to be completed with plant personnel on an annual basis.
If there are any additional questions from this response. please feel free to contact either me at
(910) 745-8843 or our corporate EHS Manager, John Romero, at the Morrisville office at (919)
238-3314.
Sincerely,
Matt LaCasse
Plant Manager
Nitta Gelatin USA
/ k
4
Joyner, Melissa
From: Matt LaCasse (NGU) <M.LaCasse@nitta-gelatin.com>
Sent: Thursday, February 15, 2018 5:50 PM
To: Joyner, Melissa; Lawyer, Mike
Cc: John Romero; Chad Kormanek (NGU); Jeffery Gainey (NGU)
Subject: [External] RE: Nitta Gelatin Meeting
Attachments: Annual_No_Exposure_Nitta.pdf
Melissa,
The response to your findings following our meeting on Wednesday, 1/31/18, are attached below. I have scanned and
attached the three years of Annual No Exposure Exclusion Self Re -certification forms that you requested as well. I will
send the signed response and copies of the No Exposure Re -certifications to you as well via USPS.
In response to our meeting on Wednesday, January 31st, 2018 regarding the findings that Nitta Gelatin did not meet
the requirements of our No Exposure Certification, several action items have been created to address the issues
observed during a tour of the grounds that day and from shared information from the Division of Air Quality on a
separate visit.
Below is a list of action items noted during your visit related to storm water and the targeted times for their
completion. Notes have been added to the description where necessary.
• 2/15/18 — Verify that fuel oil tank is a double wall design (verified)
• 2/15/18 — Provide three (3) years of No Exposure Exclusion (documents attached)
• 2/15/18 — Verify that the 1,320-gallon limit for chemical containers in close proximity is met (verified and
ordering signs to add to fencing to designate where containers of certain chemicals are to be stored to
prevent exceeding the close proximity 1,320-gallon storage limit)
• 3/16/18 - Tarps on the scrap metal roll off containers (container supplier to add tarps to roll offs)
• 3/16/18 — Exposed production equipment wrapped and sealed with heavy duty plastic
• 3/16/18— Remove empty metal drums from site
• 3/16/18 — Procure spill catch pan for connection location for temporary storage tanks (i.e. Baker tanks)
1
6/1/18 — Develop Good Housekeeping audit checklist for outside grounds, train pertinent plant personnel,
audit is to be completed monthly by responsible person
• 7/1/18 — Complete investigation on cost and scope for adding a permanent secondary containment area for
chemical drum/tote storage
As for Secondary containment on the tanks related to the waste water storage, after a follow up conversation with
Michael Lawyer on Thursday, February 15th, 2018, the determination was made that these tanks fall under the
regulation of the NC Department of Water Resources. It is understood that if no secondary containment is added to
these tanks, any waste water spill over 1,000 gallons or any amount of spill that makes it off -site to a local waterway
will need to be reported directly and immediately to the NC Department of Water Resources. Due to the estimated
cost, Nitta Gelatin will continue to evaluate the addition of secondary containment to these tanks in the future to
prevent any potential spill risk.
In addition, you inquired whether Nitta Gelatin had developed a spill prevention and response plan. The plant has a
SPCC Plan, which was last updated in 2016. The training for the SPCC Plan/spill prevention and response is to be
completed with plant personnel on an annual basis.
If there are any additional questions from this response, please feel free to contact either me at (910) 745-8843 or our
corporate EHS Manager, John Romero, at the Morrisville office at (919) 238-3314.
Thanks,
40 N[tta "crtin USA, Inc.
Matt LaCasse I Plant Manager I tn.lacassen_ nitta-�,,elatiii.coin
Tel: 910,745.8843 1 Cell: 563.209.67301 Fax: 910.252.0243 1 TF: 1.855.599.7726
4341 Production Drive
Fayetteville, NC 28306
www, n itta-.�e I at i n. c om
From: Joyner, Melissa[mailto:melissa.joyner@ncdenr.gov]
Sent: Friday, February 2, 2018 11:26 AM
To: Matt LaCasse (NGU) <M.LaCasse@nitta-gelatin.com>
Cc: John Romero <J.Romero@nitta-gelatin.com>
Subject: Nitta Gelatin Meeting
Dear Matt and John,
We appreciated your time and availability in meeting with us on Wednesday, January 31, 2018 regarding issues of
concern at Nitta Gelatin USA, Inc. The Division of Air Quality had recently conducted an inspection at the facility on
January 10, 2018 and shared information with us via photos about leakage occurring with the Baker Tanks and about
several storage containers of liquid materials observed in close proximity. A meeting was initiated to discuss the
concern that the facility has not been in compliance with its No Exposure Certification. A No Exposure Certification
NCGNE0295 was issued for this facility on July 6, 2006. Since then there have been four incidents of spillage of grease,
sulfuric acid and/or sludge. It was also discussed that the multiple containers in close proximity meet the criteria for the
secondary containment requirement (located in close proximity with a total combined storage capacity of more than
1,320 gallons).
A tour of the grounds was conducted with the following findings where the facility is not meeting the No Exposure
Certification Requirements. The leakage from the Baker Tank had been cleaned up. There had been another Baker Tank
on site which had been removed at the time of the site meeting. It was observed that there is potential for additional
leakage and that this Tank which contains more than 660 gallons of storage meets the requirement of needing
secondary containment. There are also large tanks associated with the onsite wastewater/pretreatment system which
meet this requirement, requiring secondary containment. It was observed that several containers (totes and drums)
were in close proximity, on a permeable surface, with a combined storage capacity of more than 1,320 gallons, thereby
requiring secondary containment. There is also exposed old equipment on site, as well as two open -topped dumpsters.
We are requesting that you send us a plan of action by February 15, 2018 detailing the site modifications which will
occur at Nitta Gelatin USA, Inc., within a reasonable time frame, which will enable the facility to continue to meet the
requirements of its No Exposure Certification. Standard operating procedures for Good Housekeeping and Spill
Prevention and Response programs should also be included. We are also requesting that you send us the Annual No
Exposure Exclusion Self Re -Certification forms for the last three years for our records.
If you have any questions about the information in this email, please contact me at (910) 433-3384.
Melissa Joyner
Environmental Specialist
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
(910) 433-3384 office
melissa.Loynere,ncdenrrgov
225 Green Street, Suite 714
Fayetteville, NC 28301-5043
Nothing Compares--,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Nitta Gelatin USA, Inc.
4341 PRODUCTION DRIVE - FAYETTEYMLE, NC 28306
January 30, 2018
Heather S. Carter RECEIV��
Acting Regional Supervisor
NCDEQ, Division of Air Quality FER 02 2018
SUBJECT: Re: Notice of Violation ur-Nn
15A NCAC 2D .0611: `BIOGAS FLARE REQUIRWk"ff§1LLE RFP""
Nitta Gelatin USA Air Permit No. 09606R07
Fayetteville, NC, Cumberland County 06/26-00217 Fee Class: Synthetic Minor
Dear Heather S. Carter,
In response to the Notice of Violation for 15A NCAC 2D .0611 "Biogas Flare Requirement"
stemming from site odor complaints and a subsequent investigation by Mr. Cole and Mr. Revels
on January 10, 2018, Nitta Gelatin has determined the root causes of the fugitive odor on the
anaerobic lagoon system and performed several corrective actions to ensure that the plant is back
in compliance with our permit condition.
Directly after meeting with Mr. Cole and Mr. Revels, Nitta Gelatin contracted Shamrock
Environmental Corporation to come on site and perform a detailed inspection of the anaerobic
lagoon and cover to determine the source of the breaches/gas leaks. After excavating several
locations around the perimeter of the lagoon where breaches had been witnessed, it was .
determined that the cause was high level to the point of overflow at these spots around the lagoon.
During this period in January, several water lines burst outside the plant due to sustained freezing
conditions and overwhelmed the anaerobic lagoon. High level/minor leak situations had been
- -- - --- rioted periodically back to October'2017 (as seen in the plant rc(;oi•dsj-and had been rectified -
operationally by reducing outgoing flow to the anaerobic lagoon. In this case, however, the
influx of additional water was too sudden and the flow was not reduced quickly enough to
prevent breaches from occurring.
It was also discovered following the investigation that the biogas flare system was also not
operating optimally. The two issues that were noted were the flame arrestor filter was partially
clogged and the sediment trap had a leak at the base of the unit that was likely pulling in
atmospheric air. Both of these items reduced the efficiency of the system and would.have caused
excessive gas buildup under the anaerobic lagoon cover.
These two conditions (the breaches from high lagoon level and the reduction in negative pressure
under the anaerobic lagoon cover due to inefficiency in the biogas flare system) were the cause of
the gas leaks and the odor emanating from the plant.
To prevent this situation from occurring in the future, we have put several corrective actions in
place. On the biogas flare -system, the flame arrestor filter was changed along with this activity
being added to the annual biogas flare system PM. The sediment trap was temporarily repaired
while we wait for the new sediment trap to arrive from the vendor and be installed. The ship date
for the new sediment trap is February 16', so it will be delivered and installed before the end of
business on February 23`d.
*.Nitta Gelatin USA, Inc.
4341 PRODUCTION DRIVE - FAYETTEVILLE, NC 28306
Regarding the anaerobic lagoon, since it was determined by Shamrock that there was not any
compromise to the cover, the corrective action is to ensure that any high-level situation in the
lagoon is dealt with swiftly to prevent breaches. As noted in the violation letter, the corrective
action was not logged on the plant records as there was not a spot for "Corrective Actions" on the
Lagoon & Flare Inspection Checklist. This form has now been modified and corrective actions
will be recorded in the future. Additionally, the revised form notes that any items that require
corrective action must be communicated to management directly so that they may be dealt with in
a proper and prompt manner.
In addition, the locations where the breaches occurred around the anaerobic lagoon have been
filled with dirt/clay to prevent any additional gas leakage.
As for the second odor noted around the facility during previous inspections by Mr. Cole, no
direct source could be determined during those visits. While there is a process odor exhausting
from the roof vent from the co -products area (EF-03), this vent has been in place since the plant
was constructed and the process has changed little in that timeframe. We will clean up the grease
residue that has collected and built up in the trap system over time to restore it to its original
condition and investigate odor control technologies for this exhaust point. Any actions that will
prevent the plant from triggering the MFCT process will be put into consideration.
The company recognizes the issue with searching for and finding the maintenance records in our
work order system and have already taken the necessary steps to ensure that this process will be
easier, quicker, and more concise for future inspections. Each PM for the cyclones and
baghouses will contain the control system IDs in the title, which will drastically shorten the
- - period to find and present the maintenance records. This was a frustrating process for all parties
so it has been quickly corrected.
_ ....',lima Cclatin understands the severity of this air quality violation aad has uCCfdvd to take the
additional step of hiring a dedicated Environmental, Health, and Safety Officer that will be
located at the plant to monitor plant environmental conditions, lead corrective actions, and ensure
that all regulations are followed. This is a new position for our facility and our hope is that it
demonstrates how dedicated Nitta Gelatin is to continually improving our plant and how it affects
the environment.
If there are any additional questions from this response, please feel free to contact either me at
(910) 745-8843 or our corporate EHS Manager, John Romero, at the Morrisville office at (919)
238-3314.
Sincerely,
0 t�#4&
Matt LaCasse
Plant Manager
Nitta Gelatin USA
ME`
NCDENR
NmR GNOLII �EF9RTMEH OF
FNV AC MEM u 0 NcrU Rlt o RGES
Division of Energy, Mineral and Land Resources
Land Quality Section / Stormwater Permitting Program
National Pollutant Discharge Elimination System (NPDES)
PERMIT OWNER AFFILIATION DESIGNATION FORM
(individual Legally Responsible for Permit)
Use this form if there has been:
FOR AGENCY USt ONLY
Date Receive
Year
Month
Day
RECEIVE[)
k' EYK-L N f1�ALITY
NO CHANGE in facility ownership or facility name, but theD' � ERMITTI
who is legally responsible for the permit has changed.
If the name of the facility has changed, or if the ownership of the facility has changed,
do NOT use this form. Instead, you must rill out a Name -Ownership Change Form
and submit the completed form with all required documentation.
What does "legally responsible individual" mean?
The person is either:
• the responsible corporate officer (for a corporation);
• the principle executive officer or ranking elected official (for a municipality, state, federal or other public
agency);
• the general partner or proprietor (for a partnership or sole proprietorship);
• or, the duly authorized representative of one of the above.
1) Enter the permit number for which this change in Legally Responsible Individual ("Owner Affiliation")
applies:
Individual Permit
N I C I S
2) Facility Information:
Facility name:
Company/Owner Organization
Facility address:
(or) Certificate of Coverage
- - — N C I GIN CO - -
Address
City State Zip
To find the current legally responsible person associated with your permit, go to this website:
fittp:Hportal.ncdenr.org,/web/lr/sw-permit-contacts and run the Permit Contact Summary Report,
3) OLD OWNER AFFILIATION that should be removed:
Previous legally responsible individual: C1'Z�C�-L�rY�c;»�
F irst MI Last
4) NEW OWNER AFFILIATION (legally responsible for the permit):
Person legally responsible for this permit:
First M I Last
Page 1 of 2
SW U-OWNE RAFFIL-25JUly2014
NPDES Stormwater Permit OWNER AFFILATION DESIGNATION Form
(if no Facility Name/Ownership Change)
'title
Mailing Address
City State Zip
1 t0k:1--
Telephone E-mail Address A I pX-JE5�
Q 1 ZS Z— '6Z4'3
Fax Number
5) Reason for this change:
A result of: A Employee or management change
❑ Inappropriate or incorrect designation before
❑ Other
If other please explain:
The certification below must be completed and signed by the permit holder.
PERMITTEE CERTIFICATION:
1, Va-�heLL) S • , attest that this application forthis-changein Owner Affiliation -
(person legally responsible for the permit) has been reviewed and is accurate and complete to the best of my
knowledge. I understand that if all required parts of this form are not completed, this change may not be
processed.
�ignature Dfate
PLEASE SEND THE COMPLETED FORM TO:
Division of Energy, Mineral and Land Resources
Stor rtwater Permitting Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
For more information or staff contacts, please call 919-707-9220 or visit the website at:
htt :// ortal.ncdeiir.or web/lr/stormwater
Page 2 of 2
SWU-OWNERAFFIL-25July2014
ROY COOPER
Governor
3,d
Energy, Mineral
and Land Resources
ENVIF40NMENTAL QUALITY
December 18, 2017
Nitta Gelatin USA, Inc.
Attn: Chad Kormanek
4341 Production Drive
Fayetteville, NC 28306
Subject: Compliance Evaluation Inspection, Compliant Status
No Exposure Certification NCGNE0295
Nitta Gelatin USA, Inc.
Cumberland County
Dear Mr. Kormanek:
MICHAEL S. REGAN
Secrelory
On December 11, 2017, a site inspection was conducted at the Nitta Gelatin USA, Inc. facility located at
4341 Production Drive, Fayetteville, Cumberland County, North Carolina. A copy of the Compliance
Inspection Report is enclosed for your review. Mr. John Romero, Global EH &S Manager and Mr. Jeff
Gainey, Plant Systems Manager were present during the inspection and their time and assistance is greatly
appreciated. The site visit and file review revealed that the subject facility was granted No Exposure
Certification NCGNE0295 on July 21, 2006. Please note that as of August 2010, the No Exposure
Certification program was modified such that the certification does not expire and instead of re -certifying with
the Division, you must now self re -certify annually using the enclosed form. The Annual No Exposure
Exclusion Self Re-Certificationform-does not need to be sub_mitted_to the Division unless requested.
No Exposure Certification requires that you maintain no exposure conditions at your facility and provide all
necessary -secondary containment for above ground storage containers. -As -a result of the inspection, it has
beeri determined that the facility is Compliant with the conditions of the No Exposure Certification. Please
refer to the Inspection Summary of the enclosed report for further details about the inspection.
Please be advised that failure to comply with the conditions of no exposure certification will require you to
immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge
becomes subject to enforcement as an un-permitted discharge. If you or your staff has any questions
concerning this matter, please contact me at (910) 433-3384 or by e-mail at Melissa.joyner@ncdenr.gov
Sincerely,
lht�A�r,�
Melissa Joyner
Environmental Specialist
Enclosures: Annual No Exposure Exclusion Self Re -Certification Form
Permit Owner Affiliation Designation Form
Cc-. John Romero, Global EH & S Manager— Nitta Gelatin USA, Inc. (via email}`�
Jeff Gainey, Plant Systems Manager — Nitta Gelatin USA, Inc. (via e-mail) ✓
FRO — Land Quality Section, Stormwater Files-NCGNE0295
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, NC 28301
910433-3300
I
Compliance Inspection Report
Permit: NCGNED295 Effective: 07/24/06 Expiration: Owner: Nitta Gelatin USA Inc
SOC: Effective: Expiration: Facility: Nitta Gelatin USA, Inc.
County: Cumberland 4341 Production Dr
Region: Fayetteville
Fayetteville NC 28306
Contact Person: Chad Kormanek Title: Phone: 9t0-484-0457
Directions to Facility:
System Classifications:
Primary ORC:
Secondary ORC(s):
On -Site Representative(s):
Related Permits:
Inspection Date: 12/1112017
Primary Inspector: Melissa A Joyner
Secondary Inspector(s):
Certification:
Phone:
Entry Time: 02:05PM Exit Time: 02:35PM
Phone:
Reason for Inspection: Routine Inspection Type: Compliance Evaluation
Permit Inspection Type: Stormwater Discharge, No Exposure Certificate
Facility Status: Compliant Not Compliant
Question Areas:
Miscellaneous Questions Misc
(See attachment summary)
Page: 1
Permit: NCGNE0295 Owner- Faci14:Nitta Gelatin USA Inc
Inspection Date: -.12111/2017-. Inspection Type :Compliance Evaluation_ _. Reason for Visit: Routine
Inspection Summary:
An inspection was conducted on December 11, 2017 at Nitta -Gelatin USA, Inc. to determine if the facility was in compliance
with the conditions of the No Exposure Certification, An inspection had been conducted on June 2, 2015 by Mike Lawyer in
response to a complaint call about a grease spill at the facility. At that time it was noted that there were several above
ground storage containers located in close proximity with a combined storage of more than 1,320 gallons. It was
recommended that secondary containment be provided for the containers or that some of the containers be relocated so
they are not in close proximity. There was also greaselsludge residuals in the stormwater ditch and pond at the back of the
site. The facility was determined to not be in compliance with the No Exposure Certification,
Melissa Joyner met with John Romero, Global EH&S Manager and Jeff Gainey, Plant Systems Manager. In reviewing the
current site conditions, there were several above ground storage containers (with a combined storage of more than 1,320
gallons) which contained chemicals,and were empty, awaiting pickup. These containers had been relocated so that they
were all no longer within close proximity. There were no greaselresiduals observed in the stormwater ditch or pond but the
stormwater ditch was in need of maintenance. The water surface appeared to have a substance on it and discarded gutter
buddies and a straw bale were observed in the channel. It is highly recommended that the stormwater ditch and pond be
maintained on a regular basis. John Romero has replaced Chad Kormanek as the facility manager. A Permit Owner
Affiliation Designation Form will need to be completed and sent to the address on the form providing the updated information.
The site is in compliance with the conditions of the No Exposure Certification.
Page: 2
Permit: NCGNE0295 Owner - Facility: Nitta Gelatin USA Inc
Inspection Date: 12/1112017 - Inspection Type : Compliance Evaluation _ Reason for Visit: Routine -.
Misc.
Yes No NA NE:
Is the facility compliant? ® ❑ ❑ ❑
Comment: Please see the inspection summary.
Page: 3
Division of Energy, Mineral and Land Resources
Land .Quality Section / Stormwater Permitting Program
NCDENR National Pollutant Discharge Elimination System (NPDES)
PERMIT OWNER AFFILIATION DESIGNATION FORM
(Individual Legally Responsible for Permit)
Use this form if there has been -
FOR AGENCY USE ONLY
Date Received
Year- Nionih
Da
NO CHANGE in facility ownership or facility name, but the individual
who is legally responsible for the permit has changed.
If the name of the facility has changed, or if the ownership of the facility has changed,
do NOT use this form. Instead, you must fill out a Name -Ownership Change Form
and submit the completed form with all required documentation.
What does "legally responsible individual" mean?
The person is either:
• the responsible corporate officer (for a corporation);
• the principle executive officer or ranking elected official (for a municipality, state, federal or other public
agency);
• the general partner or proprietor (for a partnership or sole proprietorship);
• or, the duly authorized representative of one of the above.
1) Enter the permit number for which this change in Legally Responsible Individual ("Owner Affiliation")
applies:
Individual Permit — (or) _ Certificate of -Coverage _
: N.1 C I S, I NIC G
2) Facility Information:
Facility name:
Company/Owner Organization:
Facility address:
Address
City State Zip
To find the current legally responsible person associated with your permit, go to this website:
littp://porta1.iiedeiir.org/web/ir/sw-peri-nit-cotitacts and run the Permit Contact Summary Report.
3) OLD OWNER AFFILIATION that should be removed:
Previous legally responsible individual:
First vIl Last
4) NEW OWNER AFFILIATION (legally responsible for the permit):
Person legally responsible for this permit:
First MI Last
Page 1 of 2
5W U -OW N E RAF F I L-25J Uly 2014
1 S
NPDES Stormwater Permit OWNER AFFILATION DESIGNATION Form
(if no Facility Name/Ownership Change)
Title
Mailing Address
City State Zip
Telephone E-mail Address
Fax ]dumber
5) Reason for this change:
A result of: ❑ Employee or management change
❑ Inappropriate or incorrect designation before
❑ Other
If other please explain:
......................................................................................................................
The certification below must be completed and signed by the permit holder.
PERMITTEE CERTIFICATION:
1, , attest that this application for this change in Owner Affiliation
(person legally responsible for the permit) has been reviewed and is accurate and complete to the best of my
._knowledge. Tunderstand that if all required parts of this form are not completed, -this change may. not be
processed.
Signature
Date
PLEASE SEND THE COMPLETED FORM TO:
Division of Energy, Mineral and Land Resources
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
For more information or staff contacts, please call 919-707-9220 or visit the website at:
http://portal.iicdenr.orA/web/ir/stonnwater
Page 2of2
SW U-OWNE RAF F I L-25July2014
Energy, Mineral
and Land Resources
ENVIRONMENTAL OUAOTY
Division of Energy, Mineral and Land Resources
Land Quality Section — Stormwater Permitting
National Pollutant Discharge Elimination System
ANNUAL NO EXPOSURE EXCLUSION SELF RE -CERTIFICATION
NCGNE0000
Do not submit this form to DEMLR unless requested.
For questions, please contact the DEMLR Regional Office for your area or the Central Office.
(Please print or type)
Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY)
N I C I G I N I E
1) Has the facility name or owner changed? ❑ Yes ❑ No
(if yes, please submit a separate Name/Ownership Change Form to DEMLR located at:
htto:/Idea. n c.aov/abouVdivisions/enerav-m ineral-land-resources/enerav-mi neral-land-permits/stormwater-i)ermits/npdes-
industrial-sw )
2) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Using, storing, or cleaning industrial machinery or equipment, and areas where ❑ Yes ❑ No
residuals from using, storing or cleaning industrial machinery or equipment
remain and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes ❑ No
c. Materials or products from past industrial activity ❑ Yes ❑ No
d. Material handling equipment (except adequately maintained vehicles) ❑ Yes ❑ No
e. Materials or products during loading/unloading or transporting -activities--' ' ` -' -❑ Yes ❑TNo
f. Materials or products stored outdoors (except final products intended for outside
❑ Yes
❑ No
use [e.g., new cars] where exposure to stormwater does not result in the
discharge of pollutants}
g. Materials contained in open, deteriorated or leaking storage drums,,barrels,
❑Yes
❑ No
tanks, and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained
❑ Yes
❑ No
by the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g.,
❑ Yes
❑ No
dumpsters])
j. Application or disposal of process wastewater (unless otherwise permitted)
❑ Yes
❑ No
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents
❑ Yes
❑ No
not otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored
❑ Yes
❑ No
(i.e., not closed and stored upside down to prevent precipitation accumulation)
Page 1 of 3
SWU-NESR-Way2016
NCGNE0000 No Exposure Self Re -Certification
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes ❑ No
stored outside, has the facility had any releases in the past three (3) years?
3) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, ❑Yes❑ No ❑
or deterioration, or evidence of leaks? NIA
Is secondary containment provided for all exterior ASTs? If so, is it free of any [:]Yes[:] No ❑
cracks, holes, or evidence of leaks, and are drain valves maintained locked NIA
shut?
4) Secondary Containment: If you answer "No" to any of the following items, you are not eligible to
maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Is secondary containment provided for all single above ground storage
❑Yes❑ No ❑
containers (including drums, barrels, etc.) with a capacity of more than 660-
NIA
gallons?
b. Is secondary containment provided for above ground storage containers stored
❑Yes❑ No ❑
in close proximity to each other with a combined capacity of more than 1,320-
NIA
gallons?
c. Is secondary containment provided for Title III Section 313 Superfund
[:]Yes[:] No ❑
Amendments and Reauthorization Act (SARA) water priority chemicals*?
NIA
d. Is secondary containment provided for hazardous substances** designated in
[:]Yes[:] No ❑
40 CFR §116?
NIA
e. Are release valves on all secondary containment structures locked?
[:]Yes[—] No ❑
NIA'
Footnotes to Questions 4) C. & d.
*Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made for de minimis amounts of certain substances; and/or other qualifiers, as described in -the exemptions
from reporting requirements of Title III SARA 313 in 40 CFR §372.38.
**Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR
§117 1
5) Other information: If you answer "Yes" to any of the following items, and the answer if different from
how it was answered when originally applying, you might not be eligible to maintain your no exposure
exclusion. Please contact the Division if this is the case.
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside?
b. Does your facility have coal piles on site?
c. Does your facility store other fuel sources outside in piles, such as wood chips,
sawdust, etc.?
Does your facility have air emissions associated with its industrial activity (e.g.,
degreasing operations, plating, painting and metal finishing)? If so, describe the
industrial activity:
e. If you answered yes to d., are those emissions permitted by an Air Quality
Permit? Please specify:
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑No
❑ Yes ❑ No
[—]Yes[:] No❑
NIA
Page 2 of 3
SWU-NESR-3May2016
NCGNE0000 No Exposure Self Re -Certification
6) Certification:
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure" and obtaining/maintaining an exclusion from NPDES stormwater permitting.
I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or
materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to annually self re -certify No Exposure and, if requested, submit this re -certification to
DEMLR or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where
applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection
reports publicly available upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under
an NPDES permit prior to any point source discharge of storrwater from the facility. Additionally, 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 provided. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for providing false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of Person Signing:
Title:
(Signature) - (Date Signed)
Please note: The Regional Office may inspect your facility at any time m the future for compliance
with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
tEnvironmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
This completed form must be kept on file at the facility for at least 5 years. Do not submit this
form to DEMLR unless requested.
Page 3of3
SWU-NESR-3May2016
_j
Energy, Mineral
and Land Resources
ENVIRONMENTAL OUALITY
Division of Energy, Mineral and Land Resources RECEIVED
Land Quality Section — Stormwater Permitting FEB 2 0 2013
National Pollutant Discharge Elimination Systen,��pp rAy E1TFIilIE REGIONAL OFFICE
ANNUAL NO EXPOSURE EXCLUSION SELF RE-CERTIFTC�NON-
NCGNE0000
Do not submit this form to DEMLR unless requested.
For questions, please contact the DEMLR Regional Office for your area or the Central Office.
(Please print or type)
Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY)
N C G I N I E 1 0 2 1 9 1 5 0 1/ 1 7/ 2 0 1 7
• Has the facility name or owner changed? ❑ Yes ® No
(if yes, please submit a separate Name/Ownership Change Form to DEMLR located at:
httD:/Idea.nc.aov/about/divisions/enerav-mineral-land-resources/enerav-mineral-land-hermits/stormwater-oerm its/nodes-
industrial-sw )
• Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Using, storing, or cleaning industrial machinery or equipment, and areas where ❑ Yes ® No
residuals from using, storing or cleaning industrial machinery or equipment
remain and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes ® No
c. Materials or products from past industrial activity ❑ Yes ® No
d. Material handling equipment (except adequately maintained vehicles) ❑ Yes ® No
e. Materials or products during load inglunloading or transporting activities ❑ Yes ® No
f. Materials or products stored outdoors (except final products intended for outside ❑ Yes ® No
use [e.g., new cars] where exposure to stormwater does not result in the
discharge of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels, ❑ Yes ® No
tanks, and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained ❑ Yes ® No
by the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g., ❑ Yes ® No
dumpsters])
j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes ® No
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents ❑ Yes ® No
not otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored ❑ Yes ® No
(i.e., not closed and stored upside down to prevent precipitation accumulation)
Page 1 of 3
SWU-NESR-Way2016
a
NCGNE0000 No Exposure Self Re -Certification
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes ® No
stored outside, has the facility had any releases in the past three (3) years?
• Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following -stems, you are not
eligible to maintain your no exposure exclusion, and must Immediately apply for a permit from DEMLR.
a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, ®Yes❑ No ❑
or deterioration, or evidence of leaks? NIA
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ®Yes❑ No ❑
cracks, holes, or evidence of leaks, and are drain valves maintained locked NIA
shut?
• Secondary Containment: If you answer "No" to any of the following items, you are not eligible to
maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Is secondary containment provided for all single above ground storage ®Yes❑ No ❑
containers (including drums, barrels, etc.) with a capacity of more than 660- NIA
gallons?
b. Is secondary containment provided for above ground storage containers stored ®Yes❑ No ❑
in close proximity to each other with a combined capacity of more than 1,320- NIA
gallons?
c. is secondary containment provided for Title Ili Section 313 Superfund ®Yes❑ No ❑
Amendments and Reauthorization Act (SARA) water priority chemicals*? NIA
d. Is secondary containment provided for hazardous substances'* designated in ®Yes❑ No ❑
40 CFR §116? NIA
e. Are release valves on all secondary containment structures locked? ®Yes❑ No ❑
NIA
Footnotes to Questions 4) c. & d.
*Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made for de minimis amounts of certain substances, and/or other qualifiers, as described in the exemptions
from reporting requirements of Title III SARA 313 in 40 CFR §372.38.
—Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR
§117.3.
• Other information: If you answer "Yes" to any of the following items, and the answer if different from
how it was answered when originally applying, you might not be eligible to maintain your no exposure
exclusion. Please contact the Division if this is the case.
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside?
b. Does your facility have coal piles on site?
c. Does your facility store other fuel sources outside in piles, such as wood chips,
sawdust, etc.?
d. Does your facility have air emissions associated with its industrial activity (e.g.,
degreasing operations, platw6t-A"
nting and metal finishing)? If so, describe the
industrial activity: _ +r1 I
e. If you answered yes to d., are those emissions permitted by an Air Quality
Permit? Please specify: 09606R07
❑ Yes ® No
❑ Yes ® No
❑ Yes ®No
® Yes ❑ No
®Yes[:] No[:]
NIA
Page 2 of 3
SWU-NESR-Way2016
NCGNE0000 No Exposure Self Re -Certification
• Certification:
certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure" and obtaining/maintaining an exclusion from NPDES stormwater permitting.
I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or
materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to annually self re -certify No Exposure and, if requested, submit this re -certification to
DEMLR or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where
applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection
reports publicly available upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under
an NPDES permit prior to any point source discharge of stormwater from the facility. Additionally, 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 provided. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for providing false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Dame of Person Signing:
Please note: The Regional Office may inspect your facility at any time in the future for compliance
with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,O00).
This completed form must be kept on file at the facility for at least 5 years. Do not submit this
form to DEMLR unless requested.
Page 3 of 3
SWU-NESR-3May2016
f
Division of Energy; Mineral and Land Resources
Land Quality Section — Stormwater Permitting
W National Pollutant Discharge Elimination System
ANNUAL NO EXPOSURE EXCLUSION SELF RE -CERTIFICATION
Energy. Mineral
and Card Resources NCGNEOOOO
ENVIRONMENTAL QUALITY
Do not submit this form to DEMLR unless requested.
For questions, please contact the DEMLR Regional Office for your area or the Central Office.
(Please print or type)
Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY)
N C G N E 0 2 9 5 0 1/ 1 7/ 2 0 1 1 1 7
• Has -the facility name or owner changed? ❑ Yes ® No
(if yes, please submit a separate Name/Ownership Change Form to DEMLR located at:
Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not
eligible to maintain your no exposure exclusion,, and must immediately apply .for a permit from DEMLR.
a. Using, storing, or cleaning industrial machinery or'equipment, and areas where ❑ Yes ® No
residuals. from using, storing or cleaning industrial machinery or equipment
remain and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from spills/leaks
❑ Yes
No
- - c. Materials:or products from past industrial activity
❑ Yes
No
d. Material handling equipment (except adequately maintained vehicles)
❑ Yes
® No
- - e. PviaiEriais iir products durincu°loading/unloading or, transporiir lg dctiriLies,— - - --
❑-Yes -.FI-No
-
f. Materials or products stored outdoors (except final products intended for outside
[:]Yes
® No
use [e.g., new cars] where exposure to stormwater does not result in the
discharge of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels,
❑ Yes
® No
tanks, and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained
❑ Yes
® No
by the discharger
i. Waste.material (except waste in covered, non -leaking containers [e.g.,
❑ Yes
® No
dumpsters])
j. Application or disposal of process wastewater (unless otherwise permitted)
❑ Yes
® No
k. Particulate, matter or visible deposits of residuals from roof stacks and/or vents
❑ Yes
® No
not otherwise regulated (i.e., under an air quality control permit) and evident.in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored
❑ Yes
Z No
(i.e., not closed and stored upside down to prevent precipitation accumulation)
Page 1 of 3
SWU-NESR-Way2016
l
tt
NCGNE0000 No Exposure Self Re -Certification
—�- m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes ® No
stored outside, has the facility had any releases in the past three (3) years?
Above Ground.Storage Tanks (ASTs): If you answer"No" to any of the following Items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Are exterior ASTs and piping free of rust, damaged or weathered_ coating, pits, ®Yes❑ No ❑
or deterioration, or evidence of. leaks? NIA
b. Is secondary, containment provided for all exterior ASTs? If so, is it freeof any Yes[:] No ❑
cracks, holes, or evidence of leaks, and are drain valves maintained locked
NIA
shut?
• Secondary Containment: If you answer "No"'to any of the following items, you are not eligible to.
maintain your no exposure exclusion, and must Immediately apply for a permit
from DEMLR.
a. is secondary containment provided for all single aboveground storage
®Yes❑ No ❑
containers (including drums, barrels, etc.) with a capacity of more than 660-
NIA
gallons?
b. is secondary containment provided for above ground storage! containers stored
yes[] No ❑
in close proximity to each other with a combined capacity of more than 1,320-
NIA
gallons?
c. Is secondary containment provided for Title'llI Section 313 Superfund'
®Yes❑ No ❑
Amendments and Reauthorization Act (SARA) water -priority chemicals`?
NIA
d. Is secondary containment provided for hazardous substances"" designated in
NYes❑ No ❑
4o CFR §116?
NIA
e. Are release valves on all secondary containment structures locked?
®Yes❑ No ❑
NIA
Footnotes to Questions 4) C. & Cl.
'Note that amounts below the 660-gallon (single). and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, -soma exceptions zay be made -`or de minim is amounts of certain substances; andlor.other.qualifiers,.es-dsscribed-in.ihe.exeinptians -_--
from reporting requirements of Title III 5_ARA 313 in 40 CFR §372,38.
`"Note that amounts below the 660-ga[ton.(single) and 1,320-gallon (combined) bulk storage. minimums require secondary containment.
However, some exceptions may be made for amounts less than the Reportabte Quantities of the hazardous substances listed in 40 CFR
§117.3.
Other information: If you answer "Yes" to any of the following items, and the answer if different from
how it was answered when originally applying, you might not be eligible to maintain your no exposure
exclusion. Please contact the Division if this is the;case.
a. Does; your facility store used, recycled, or otherwise reclaimed pallets outside?
b. Does your facility have coal piles on site?
c. Does.your facility store other fuel sources outside in plies, such as wood chips,
sawdust, etc.?
tl. Does your facility have air emissions associated with its industrial activity (e.g.,
degreasing operations, plating, painting and metal finishing)? If so; describe the
industrial activity: �, t rr\ �
e. If you answered yes to d., are those emissions. permitted by an Air Quality
Permit? Please specify: 09606RO7
❑ Yes'
® No
❑ Yes
® No
❑ Yes
®No
®:Yes
❑ No
®Yes❑ No[:]
NIA
Page 2 of 3
SWU-NESR-Way2016
1
NCGNE0000 No Exposure Self Re -Certification
• Certification:
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure" and obtaining/maintaining an exclusion from NPDES stormwater permitting.
I certify under penalty of law that there are no discharges of stormwater contaminated'by exposure to industrial activities or
materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am'obligated to annually self re -certify No Exposure and, if requested, submit this re -certification to
DEMLR or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where
applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm -the condition of no exposure and to make such inspection
reports publicly available upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that] must obtain coverage under
an NPDES permit grior to any point source di har a of stormwater from the faci it . Additionally, 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 provided. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information provided into the best of'my knowledge and belief true, accurate and complete. l' am aware
that there are significant penalties for providing false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of'Person Signing
Please note. The Regional'Office may inspect your facility at any time in the future for compliance
with the No Exposure Exclusion.
North Carolina General Statute 143=215.6 8(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in,any application, record, report, plan, or,other
document filed or required to be'maintained under this Article ora rule implementing this Article; or who knowingly makes a false
statement of ,a material fact in a rulemakfng proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management) Commission implementing this Article shall be guilty ofa. Class 2-misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
This completed form must.be kept on file at the facility for at least 5 years. Do not submit this
form to DEMLR unless requested.
SVVU-NESR-3May2016
Page3of3
. x
Y�.
Energy, Mineral
and land Resources
ENVIRONMENTAL, OUALITV
Division of Energy, Mineral and Land ResourcRECEIVED
Land Quality Section — Stormwater Permitting FEB 2 0 2018
National Pollutant Discharge Elimination System
ANNUAL NO EXPOSURE EXCLUSION SELF RE-CER1 VW,6,T W KGIONAI-OFFICE
NCGNE0000
Do not submit this form to DEMLR unless requested.
For questions, please contact the DEMLR Regional Office for your area or the Central Office.
(Please print or type)
Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY)
N I C I G I N. E 0 295 ol 1 / 1 5 / 2 0 1 6
• Has the facility name or owner changed? ❑ Yes ® No
(if yes, please submit a separate Name/Ownership Change Form to DEMLR located at:
htto://dea.nc.gov/about/divisions/eneEgy-mineral-land-resources/energy-mineral-land-permits/stormwater-oermitslnpdes-
industrial-sw )
Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Using, storing, or cleaning industrial machinery or equipment, and areas where ❑ Yes ® No
residuals from using, storing or cleaning industrial machinery or equipment
remain and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes ® No
c. Materials or products from past industrial activity ❑ Yes ® No
d. Material handling equipment (except adequately maintained vehicles) ❑ Yes ® No
e. Materials or products during loading/unloading or transporting activities ❑ Yes ® No
f. Materials or products stored outdoors (except final products intended for outside ❑ Yes ® No
use [e.g., new cars) where exposure to stormwater does not result in the
discharge of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels, ❑ Yes ® No
tanks, and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained ❑ Yes ® No
by the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g., ❑ Yes ® No
dumpsters])
j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes ® No
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents ❑ Yes ® No
not otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored ❑ Yes ® No
(i.e., not closed and stored upside down to prevent precipitation accumulation)
Page 1 of 3
SWU-NESR-Way2016
NCGNEOOOO No Exposure Self Re -Certification
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes ® No
stored outside, has the facility had any releases in the past three (3) years?
Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, ®Yes❑ No ❑
or deterioration, or evidence of leaks? NIA
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ®Yes❑ No ❑
cracks, holes, or evidence of leaks, and are drain valves maintained locked NIA
shut?
Secondary Containment: If you answer "No" to any of the following items, you are not eligible to
maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Is secondary containment provided for all single above ground storage ®Yes❑ No ❑
containers (including drums, barrels, etc.) with a capacity of more than 660- NIA
gallons?
b. Is secondary containment provided for above ground storage containers stored ®Yes❑ No ❑
in close proximity to each other with a combined capacity of more than 1,320- NIA
gallons?
c. Is secondary containment provided for Title III Section 313 Superfund ®Yes[:] No ❑
Amendments and Reauthorization Act (SARA) water priority chemicals"? NIA
d. Is secondary containment provided for hazardous substances"" designated in ®Yes❑ No ❑
40 CFR §116? NIA
e. Are release valves on all secondary containment structures locked? ®Yes❑ No ❑
- - - _ N/A
Footnotes to Questions 4) c. & d.
"Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made for de minimis amounts of certain substances, and/or other qualifiers, as described in the exemptions
from reporting requirements of Title Ill SARA 313 in 40 CFR §372,38.
—Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR
§117.3.
• Other information: If you answer "Yes" to any of the following items, and the answer if different from
how it was answered when originally applying, you might not be eligible to maintain your no exposure
exclusion. Please contact the Division if this is the case.
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes ® No
b. Does your facility have coal piles on site? ❑ Yes ® No
c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes ®No
sawdust, etc.?
d. Does your facility have air emissions associated with its industrial activity (e.g., ® Yes ❑ No
degreasing operations, plating, inti gnd Ir)lftal�finis finishing)? If so, describe the
industrial activity: rn �fCC((�� �tus._
e. If you answered yes to d., are those emissions permitted by an Air Quality ®Yes[:] No[:]
Permit? Please specify; 09606R07 NIA
Page 2 of 3
SWU-NESR-3May2016
NCGNE0000 No Exposure Self Re -Certification
• Certification:
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure" and obtaininglmaintaining an exclusion from NPDES stormwater permitting.
certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or
materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that l am obligated to annually self re -certify No Exposure and, if requested, submit this re -certification to
DEMLR or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where
applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection
reports publicly available upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under
an NPDES permit prior to any point source_ discharge of stormwater from the facility. Additionally, 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 provided. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for providing false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief
such information is true, complete, and accurate. /
Printed Name of Pe on Signin : �`�`� VIC ` C
Title: T .r- d C), V
- -- Al -
(Date Signed) — - -
Please note: The Regional Office may inspect your facility at anytime in the future for compliance
with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording cr monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
This completed form must be kept on file at the facility for at least 5 years. Do not submit this
form to DEMLR unless requested.
Page 3of3
SWU-NESR-Way2016
RECEIVED
NCDENR
NawZf1 CSA10l Dcs wr or
Fimwwawn:r—o N� Rcs ccs
Division of Water Quality / Surface Water Protection FEB 2 0 2018
National Pollutant Discharge Elimination Syst-0-FAYETTEVIL LE REGIONAL OFFICE
ANNUAL NO EXPOSURE EXCLUSION SELF RE -CERTIFICATION
NCGNE0000
Do not submit this form to DWQ unless requested.
For questions, please contact the DWQ Regional Office for your area or the Central Office.
(Please print or type)
Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY)
N I C I G I N I E 1 0 1 2 1 9 1 5 1 1 0 1/ 1 1 b/ 2 0 1 5
1) Has the facility name or owner changed? ❑ Yes Z No
(if yes, please submit a separate Name/Ownership Change Form to DWQ located at
http://portal. ncdenr.org/web/wq/ws/su/npdessw#Application_Forms_N PDES)
2) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ.
a. Using, staring, or cleaning industrial machinery or equipment, and areas where ❑Yes ®No
residuals from using, storing or cleaning industrial machinery or equipment remain
and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes ® No
c. Materials or products from past industrial activity ❑ Yes ® No
d. Material handling equipment (except adequately maintained vehicles) [—]Yes ® No
e. Materials or products during loading/unloading or transporting activities ❑ Yes ® No
f. Materials or products stored outdoors (except final products intended for outside ❑ Yes ® No
use [e.g., new cars] where exposure to stormwater does not result in the discharge
of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, ❑ Yes ® No
and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes ® No
the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes LAJ No
j. Application or disposal of process wastewater (unless otherwise permitted) [:]Yes ® No
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes ® No
otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
1. Empty containers that previously contained materials that are not properly stored ❑ Yes ® No
(i.e., not closed and stored upside down to prevent precipitation accumulation)
Page 1 of 3
SWU-NESR-29M2010
NCGNE0000 No Exposure Self Re -Certification
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes ® No
stored outside, has the facility had any releases in the past three (3) years?
3) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items; you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ.
a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, or ®Yes❑ No ❑
deterioration, or evidence of leaks? NIA
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ®Yes❑ No ❑
cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? NIA
4) Secondary Containment: If you answer "No" to any of the following items, you are not eligible to
maintain your no exposure exclusion, and must immediately apply for a permit from DWQ.
a. Is secondary containment provided for all single above ground storage
®Yes❑ No ❑
containers (including drums, barrels, etc.) with a capacity of more than 660-
NIA
gallons?
b. Is secondary containment provided for above ground storage containers stored
®Yes❑ No ❑
in close proximity to each other with a combined capacity of more than 1,320-
NIA
gallons?
c. Is secondary containment provided for Title I11 Section 313 Superfund
®Yes❑ No ❑
Amendments and Reauthorization Act (SARA) water priority chemicals*?
NIA
d. Is secondary containment provided for hazardous substances" designated in 40
®Yes❑ No ❑
CFR §116?
NIA
e. Are release valves on all secondary containment structures locked?
®Yes❑ No ❑
NIA
Footnotes to Questions 4) c. & d.
'Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made for de minimis amounts of certain substances, and/or other qualifiers,
as described in the exemptions
from reporting requirements of Title III SARA 313 in 40 CFR §372.38.
"Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require
secondary containment.
However, some exceptions may be made for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR
§117,3.
5) Other information: If you answer "Yes" to any of the following items, and the answer if different from
how it was answered when originally applying, you might not be eligible to maintain
your no exposure
exclusion. Please contact the Division if this is the case.
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside?
❑ Yes ® No
b. Does your facility have coal piles on site?
❑ Yes ® No
c. Does your facility store other fuel sources outside in piles, such as wood chips,
❑ Yes ®No
sawdust, etc.?
d. Does your facility have air emissions associated with its industrial activity (e.g.,
® Yes ❑ No
degreasing operations, plating, painting and metal finishing)? If so, describe the
industrial activity; Bi as flare from Lagoon, finish grinder operations, gelatin
manufacturing
e. If you answered yes to d., are those emissions permitted by an Air Quality
®Yes[:] No❑NIA
'~ Permit? Pleases specify: Air Permit # 09606R05
p fy:
Page 2 of 3
SWU-NESR-29Ju12014
NCGNE0000 No Exposure Self Re -Certification
6) Certification:
I certify under penalty of law that i have read and understand the eligibility requirements for claiming a condition of"no
exposure" and obtaining/maintaining an exclusion from NPDES stormwater permitting.
certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or
materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to annually self re -certify No Exposure and, if requested, submit this re -certification to
DWQ or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where
applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection
reports publicly available upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under
an NPDES permit prior to any_Point source discharge of stormwater from the facility. Additionally, 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 provided. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for providing false information, including the possibility of fine and imprisonment for
knowing violations.
certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of Pern Signing: 4 a K",
MCA e 4E
Title: rf' '( c
O lh"hs
(Date 56ned)
Please note: The Regional Office may inspect your facility at any time in the future for
compliance with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
This completed form must be kept on file at the facility for at least 5 years. Do not submit this
form to DWQ unless requested.
Page 3of3
SWU-NESR-29Ju12010
4
r�
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
Division of Energy, Mineral and Land Resources
Land Quality Section — Stormwater Permitting
National Pollutant Discharge Elimination System
ANNUAL NO EXPOSURE EXCLUSION SELF RE -CERTIFICATION
NCGNE0000
Do not submit this form to DEMLR unless requested.
For questions, please contact the DEMLR Regional Office for your area or the Central Office.
(Please print or type)
Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY)
N I C I G N E O 2 9 5 0 1/ 1 5/ 2 d 1 6
Was the facility name or owner changed? ❑ Yes ® No
(if yes, please submit a separate Name/Ownership Change Form to DEMLR located at:
httr):!/dea.nc.aov/abouUdivisions/enerav-mineral-land-resources/enerov-mineral-land-oermits/stormwater-Dermi s/nodes-
iiidUstrial-sw )
Are any of the following materials or activities exposed to precipitation, now or In the foreseeable
future? (Please check either "Yes" or "No,") If you answer "Yes" to any of these items, you are not
eligible to maintain. your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Using, storing, or cleaning industrial machinery or equipment, and areaswhere ❑ Yes N No
residuals from using, storing or cleaning industrial machinery or equipment
remain and are exposed to stormwater
' b. Materials or residuals on the ground or in stormwater inlets from spillslleaks ❑ Yes ®No
c..Mate.rials.or products from past industrial activity ❑ Yes ® No
d. Material hzihdlirig equipment (except adequately maintained vehicles) ❑ Yes' ® No
- -"—'� e: Materials or, products during load inglunloading or transpor<iny actwities —' .. "- - - "" ❑ Yes No
f. Materials or products stared outdoors (except final products intended for outside Yes ®No
use (e.g., new cars] where exposure to stormwater does not result in the
discharge of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels, ❑ Yes ® No
tanks, and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained ❑ Yes No
by the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g., ❑ Yes ® No
dumpstersl)
j.-Application or disposal of process wastewater (unless otherwise permitted) ❑'Yes ® No
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents ❑ Yes ® No
not otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored ❑ Yes Z No
(i.e., not closed and stored upside down to: prevent precipitation accumulation)
Page 1 of 3
SWU-NESR-Way2016
NCGNE0000 No Exposure'Self Re -Certification
m: For -any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes E No
stored outside; has the facility had any releases in the past.three (3) years?
Above Ground Storage Tanks (ASTs): If you answer "No" to any of'the following items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DEMI_R.
a. Are. exterior ASTs and piping free of rust, damaged or weathered coating, pits; Yes[:] -No
or deterioration, or evidence of leaks? NIA
b. Is secondary containment provided for all exterior ASTs? If so,, is it free of any OYes❑ No
cracks, holes, or evidence of leaks, and are drain valves maintained locked NIA
shut?
Secondary Containment: If.you answer "No!' to any of the following items, you are: not eligible to
maintain your no exposure exclusion, and must immediately applyfor'a permit from DEMLR.
a. Is secondary containment provided for all single above ground storage MYes❑ No 11
containers (including drums, barrels, etc.) with a capacity of more than 660- NIA
gallons?
b. Is secondary containment provided for above ground storage containers stored ®Yes[] No ❑
in close proximity to each other with a combined capacity of more than 1,320- NIA
gallons?
c. is secondary containment provided for Title III Section 313 Superfund ®Yes[:] No
Amendments and Reauthorization Act (SARA) water priority chemicals•? NIA
d. Is secondary containment provided for hazardous substances"" designated in ®Yes[] No ❑
40 CFR §116? NIA
11
e. Are release valves on all secondary containment structures locked? Yes[] NoEl
NIA
Footnotes to Questions 4) C. & d.
'Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
Howevvi, sorne -exceptions ma .be made for de minimis amounts of certain substances, and/or other qualifiers, as described in the exemptions
from reporting requirements of Title Ill SARA 313 in 40 CFR §372:38.
"Note that amounts below the 660-gallon (single) and 1,320.gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made.for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR
§117.3'.
• Other information: If you answer "Yes" to any of the following items, and the answer if different from
how it was answered when originally applying, you might not be,eligible to maintain your no exposure
exclusion. Please contact the Division if this is the case.
a. Does your facility store used, recycled, or otherwise, reclaimed pallets outside? ❑ Yes ® No
b. Does your facility have coal piles on site? ❑Yes ®No
c. Does your facility store other fuel sources outside in piles, such as wood chips, 0 Yes ®No.
sawdust, etc.?
d. Does your facility have air emissions associated with its industrial activity (e.g., ® Yes. ❑ No
degreasing operations, plating, anti g and tal finis ing)? If so, describe the
industrial activity: _4rn
e. If you answered yes to d_, are those emissions permitted by an Air Quality ®Yes❑ No❑
Permit? Please specify: 09606R07 NIA
Page 2 of 3'
SWU-NESR-Way2016
NCGNEOOOO No Exposure Self Re -Certification
• Certification: -
l certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure" and.obtaining/maiintaining an exclusion from NPDES stormwater permitting.
I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or
materials from the industrial facility or site identified in this document {except as allowed under40 CFR 12226(g)(2)).
I -understand that I, am obligated to annually self re -certify No Exposure and, if requested, submit this re -certification to
DEMCR or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where
applicable). i understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm the condition -of no exposure and to make such inspection
reports publicly available upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must'obtain coverage under
an NPDES permit prior to any point source discharge of stonmwater from the facility. Additionally, 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 property gathered and evaluated the information provided. Based on,m_ y
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for providing false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of P
Title:
Please note: The Regional Office may inspect your facility at anytime In the future for compliance
with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification: in any application, record, report, plan; or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated,ormaintained under this Article or rules of the
[Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
This completed form_ must be kept on file at the facility for at least 5 years. Do not submit this
form to DEMLR unless requested.
SW U-NESR-3May201 fi
Page 3 of 3
A YA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 4, 2015
Nitta Gelatin USA, Inc.
Attn: Chad Kormanek
4341 Production Drive
Fayetteville, NC 28306
Subject: Compliance Evaluation Inspection, Non -Compliant Status
No Exposure Certification NCGNE0295
Nitta Gelatin USA, Inc.
Cumberland County
Dear Mr. Kormanek:
Donald R. van der Vaart
Secretary
On June 2, 2015, a site inspection was conducted at the Nitta Gelatin USA, Inc. facility located at 4341
Production Drive, Fayetteville, Cumberland County, North Carolina. A copy of the Compliance Inspection
Rpport is enclosed for your review. Mr. Jeff Gainey, Operations and Sanitation Coordinator, was also present
during the inspection and his time and assistance is greatly appreciated. The site visit and file review
revealed that the subject facility was granted No Exposure Certification NCGNE0295 on July 21, 2006.
Please note that as of August 2010, the No Exposure Certification program was modified such that the
certification does not expire and instead of re -certifying with the Division, you must now self re -certify
annually using the enclosed form. The Annual No Exposure Exclusion Self Re -Certification form does not
need to be submitted to the Division unless requested. .
No Exposure Certification requires that you maintain no exposure conditions at your facility and provide all
necessary secondary containment for above ground storage containers. As a result of the inspection, it has
been determined that the facility is Not Compliant with the conditions of the No Exposure Certification. The
required actions that are necessary to bring this site into compliance are noted under the Inspection
Summary of the enclosed report.
Please be advised that failure to comply with the conditions of no exposure certification will require you to
immediately obtain NPDES permit coverage for your stormwater discharge. Otherwise, the discharge
becomes subject to enforcement as an un-permitted discharge. If you or your staff has any questions
concerning this matter, please contact me at (910) 433-3394 or by e-mail at mike.lawyer@ncdenr.gov.
Sincere] ,
Michael Lawyer, CPSWQ
Environmental Program Consultant
Enclosures
cc: Jeff Gainey, Operations and Sanitation Coordinator - Nitta Gelatin USA, Inc. (via e-mail)
FRO - Land Quality Section, Stormwater Fifes-NCGNE0295
Division of Energy, Mineral, and Land Resources
Land Quality Section
Fayetteville Regional Office, 225 Green Street - Suite 714, Fayetteville, North Carolina 28301
. Phone: 910-433.33001 FAX: 910-486.0707 / Internet: http://portal.ncdenr.org/web/Ir/
An Equal Opportunity 1 Affirmative Action Employer -- 50% Recycled 110% Post Consumer Paper
Compliance Inspection Report
Permit: NCGNE0295 Effective: 07/24/06 Expiration: Owner: Nitta Gelatin USA Inc
SOC: Effective: Expiration:' Facility: Nitta Gelatin USA, Inc.
County: Cumberland 4341 Production Dr
Region: Fayetteville
Fayetteville NC 28306
Contact Person: Chad Kormanek Title: Phone: 910-484-0457
Directions to Facility:
System Classifications:
Primary ORC: Certification: Phone:
Secondary ORC(s):
On -Site Re prosentative(s):
On -site representative Jeff Gainey 910-484-0457 ext 125
Related Permits:
Inspection Date: 06102/2015 EntryTime: 01:10PM
Primary Inspector: Mike Lawyer �/A -
Secondary lnspector(s): '(�oL/
Exit Time: 01:45PM
Phone: 910-433-3300-F.
Reason for Inspection: Complaint Inspection Type: Compliance Evaluation
Permit Inspection Type: Stonnwater Discharge; No Exposure Certificate
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
® Miscellaneous Questions 6H Misc
(See attachment summary)
Page: 1
•
permit: NCGNE0295 Owner - Facility: Nitta Gelatin USA Inc
Inspection Date: 06/02J2015 Inspection Type : Compliance Evaluation Reason for Visit: Complaint
Inspection Summary:
Inspection conducted in response to a complaint call about a grease spill that occurred at the facility approximately two
weeks prior to the inspection. Met with Mr. Jeff Gainey, Operations and Sanitation Coordinator, who relayed that there had
been a release of grease/sludge due to an undetected leak from one of the facility's baker tanks. While making
observations at the location of the baker tanks where the leak occurred, it was observed that there are several above ground
storage containers (totes, drums, etc.) that meet the criteria for secondary containment requirements (located in close
proximity with a combined storage capacity of more than 1,320 gallons). Secondary containment must be provided for
these containers or some of them relocated such that they are not in close proximity. It is noted that a majority of the
containers were empty and awaiting to be picked up per Mr. Gainey. The stormwater ditch and pond at the back of the
plant contained a significant amount of residuals from the grease/sludge spill. Appropriate spill response/cleanup actions
need to be conducted and a written report detailing the timeline of events of the spill submitted.
Page: 2
Permit: NCGNE0295 Owner - Facility: Nitta Gelatin USA Inc
Inspection Date: 0610212015 Inspection Type : Compiiance Evaluation Reason for Visit: Complaint
Misc
Is the facility compliant?
Comment: See inspection Summary.
r.
Yes No NA NE
❑ ® ❑ ❑
Page: 3
0 6�
NCDENR
C�ou� E� of
EJVVIRoNM NIP 134 — Rc5au es
Division of Water Quality / Surface Water Protection
National Pollutant Discharge Elimination System
ANNUAL NO EXPOSURE EXCLUSION SELF RE -CERTIFICATION
NCGNE0000
Do not submit this form to DWO unless requested.
For questions, please contact the DWO Regional Office for your area or the Central Office.
(Please print or type)
Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY)
N I C I G I N LEI / /
1) Has the facility name or owner changed? ❑ Yes ❑ No
(if yes, please submit a separate Name/Ownership Change Form to DWQ located at
http://portal.ncdenr.org/web/wq/ws/su/npdessw#Appl ication_Forms_N PDES)
2) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DWO.
a. Using, storing, or cleaning industrial machinery or equipment, and areas where ❑ Yes [:]No
residuals from using, storing or cleaning industrial machinery or equipment remain
and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes ❑ No
c. Materials or products from past industrial activity ❑ Yes ❑ No
d. Material handling equipment (except adequately maintained vehicles) 0 Yes ❑ No
e. Materials or products during loadinglun loading or transporting activities ❑ Yes [:]No
f. Materials or products stored outdoors (except final products intended for outside
❑ Yes
❑ No
use [e.g., new cars] where exposure to stormwater does not result in the discharge
of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks,
❑ Yes
❑ No
and similar containers
h_ Materials or products handled/stored on roads or railways owned or maintained by
❑ Yes
❑ No
the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters])
❑ Yes
❑ No
j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes ❑ No
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents not ❑ Yes ❑ No
otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored
(i.e., not closed and stored upside down to prevent precipitation accumulation)
❑ Yes ❑ No
Page i of 3
SVVU-NESR-29Ju12010
NCGNE0000 No Exposure Self Re -Certification
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes ❑ No
stored outside, has the facility had any releases in the past three (3) years?
3) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DWQ.
a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, or ❑Yes❑ No ❑ NIA
deterioration, or evidence of leaks? -
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ❑Yes❑ No ❑ NIA
cracks, holes, or evidence of leaks, and are drain valves maintained locked shut?
4) Secondary Containment: If you answer "No" to any of the following items, you are not eligible to
maintain your no exposure exclusion, and must immediately apply for a permit from DWO.
a. Is secondary containment provided for all single above ground storage
containers (including drums, barrels, etc.) with a capacity of more than 660-
gallons?
b. Is secondary containment provided for above ground storage containers stored
in close proximity to each other with a combined capacity of more than 1,320-
gallons?
c. Is secondary containment provided for Title III Section 313 Superfund
Amendments and Reauthorization Act (SARA) water priority chemicals*?
d. Is secondary containment provided for hazardous substances"* designated in 40
CFR §116?
e. Are release valves on all secondary containment structures locked?
Footnotes to Questions 4) C. & d.
❑Yes❑ No ❑ NIA
❑Yes❑ No ❑ N/A
[:]Yes[:] No ❑ NIA
[:]Yes[:] No ❑ N/A
❑Yes❑ No ❑ N/A
'Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment
However, some exceptions may be made for de minimis amounts of certain substances, and/or other qualifiers, as described in the
exemptions from reporting requirements of Title III SARA 313 in 40 CFR §372.38.
"Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR
§117.3.
5) Other information: If you answer "Yes" to any of the following items, and the answer if different from
how it was answered when originally applying, you might not be eligible to maintain your no exposure
exclusion. Please contact the Division if this is the case.
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside?
b. Does your facility have coal piles on site?
c. Does your facility store other fuel sources outside in piles, such as wood chips,
sawdust, etc.?
Does your facility have air emissions associated with its industrial activity (e.g.,
degreasing operations, plating, painting and metal finishing)? If so, describe the
industrial activity:
e. If you answered yes to d., are those emissions permitted by an Air Quality Permit?
Please specify:
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑No
❑ Yes ❑ No
❑Yes❑ No❑N/A
Page 2of3
S W U-N ESR-29J u12010
NCGNEOOOO No Exposure Self Re -Certification
6) Certification:
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure" and obtaining/maintaining an exclusion from NPDES stormwater permitting.
I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities
or materials from the industrial facility or site identified in this document (except as allowed under 40 CFR t 22.26(g)(2)).
I understand that I am obligated to annually self re -certify No Exposure and, if requested, submit this re -certification to
DWQ or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where
applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such
inspection reports publicly available upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under
an NPDES permit prior to any point source discharge of stormwater from the facility. Additionally, 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 provided. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for providing false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of Person Signing:
Title:
(Signature)
(Date Signed)
Please note: The Regional Office may inspect your facility at any time in the future for
compliance with the No Exposure Exclusion..
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material tact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
(Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
This completed form must be kept on file at the facility for at least 5 years. Do not submit this
form to DWQ unless requested.
Page 3 of 3
SWU-NESR-29JU2010
NGU SPILL REPORT FORM
Page 1 of 3
Date and Time of Release: 5-26-15
Report Completed by: Jeff Gainey
Substance Released and Quantity (if known): Sludge approx. 75 gals
Was release contained to Nitta property? YES X NO r
If NO, complete section 4 below
a
3.
4.
Details of the Release (what, where, how): Employee turned steam onto portable
storage tank (Baker Tank). Heat expansion and steam condensate caused the tank to
overflow approximately 75 gals of sludge.
Immediate Actions Taken to Control / Contain the Release: Storage tank was pumped
down and steam was taken off the tank to stop overflow.
Details of Clean-ue / Disposal: 301 Environmental came and vacuumed up the sludge
and water that was in the retention area and the ditch leading to it.
Was 301 Environmental (910-483-8873 or 910-237-3523) called: YES x NO r
Government Agency Contacted. (within 24 hours)
Fayetteville_ P_WC (1-877-687-7921) YES NO x
Date: Time: Person spoken to:
NCDEN R (910-433-3300 or 1-800-858-0368) YES r NO X
Date: Time: Person spoken to:
National Response Center (1-800-424-8802) YES P- NO x
Date: Time: Person spoken to:
Prepared by: Bruce Solski Date: November 2010 Approved by: Raymond Merz
11NittawsI shareddocs\Plant Systems\NGU\Environment\Spill Report Form (blank).doc
NGU SPILL REPORT FORM
5.
A
Page 2 of 3
Short Term Corrective Action(s): Employee will be retrained on the use of the portable
storage tanks.
Responsibility: Brad Benefield
To Be Completed By: 6-17-15
Long Term Corrective Action(s): Portable storage tanks will be removed from the
property and a permanent ketch all tank will be installed as budget and time allow.
Responsibility: Lucas Pinckney
To be completed by: ASAP
Prepared by: Bruce Solski Date: November 2010 Approved by: Raymond Merz
11Nittaws1lshareddocs\P1ant Systems\NGLT\Environment\SAi11 Report Form_(blank).doc
NGU SPILL REPORT FORM
Page 3 of 3
Guidelines for completing this form:
Use this space to describe the nature of the spill, including the substance that
was released and amount, if known, where it was released from (tank, pipe,
pump, etc.), the location (area, inside or outside), and the immediate cause (if
known).
2. Describe the immediate actions that were taken to control /contain the release
(valve closed, pump shut off, tank pumped out, etc.). Include the names of the
person(s) involved.
3. Describe the clean-up procedure undertaken. Indicate if any outside
resources (301 Environmental, etc.) were utilized to facilitate the clean-up.
4. If the spill was not contained to Nitta Gelatin property, (released into the
wastewater stream or storm sewer system) record the date and time of the
Government Agency contacted and the person spoken to.
5. Identify the Short term Corrective Action(s) undertaken to prevent a re-
occurrence, the person(s) responsible for the action and the expected
completion date(s).
6. Identify the Long term Corrective Action(s) undertaken to prevent a re-
occurrence, the person(s) responsible for the action and the expected
completion date(s).
Prepared by: Bruce Solski Date: November 2010 Approved by: Raymond Merz
Mittaws I %shareddocsTlant SystemANGLAEnvironment\Spill Report Form (blank).doc
T1 s
�w
NClDENR
E='�.'M. JMN<�uID N4'.!�/LL iiCbOU11GG
Division of Water Quality /.Surface Water Protection
National Pollutant Discharge Elimination System
ANNUAL NO EXPOSURE EXCLUSION SELF RE -CERTIFICATION
NCGN.EOOOO
Do not submit this form to DWQ unless requested.
For questions, please contact the. DWQ Regional Office for your area or the Central Office.
(Please print or type)
Facility's No Exposure Exclusion No. Date Completed (MM/DD/YYYY)
N C G N E 0 2 9 5 0 1/ 1 6/ 2 0 1 5
1) Has the facility name or -owner changed? ❑,Yes No
(if yes, please submit a separate Name/Ownership Change Form to DWQ located at
http://portal. ned enr. org/web/wqlws/sutnpdessw#Application_Forms_N PD ES)
2) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes or "No.") If you answer "Yes" to. any of these items; you are not
eligible to maintain your no exposure exclusion, and must immediately apply fora permit from DWQ.
a. Using, storing, or cleaning 'industrial machinery or equipment, and areas where ❑ Yes .® No
residuals from using, storing or cleaning industrial machinery or equipment remain
and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from sp'iilslleaks ❑ Yes ® No
c. Materials or products.from past industrial activity ❑ Yes ® No
d. Material handling equipment (except.adequately maintained vehicles) ❑ Yes No .
e. Materials or products during loadinglunloading or transporting activities ❑ Yes ® No
f. Materials or products stored outdoors (except final products intended foroutside ❑ Yes E No
use [e.g., new cars] where exposure to stormwater does riot result in the discharge
of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, ❑ Yes ® No
and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained by ❑ Yes Z No
the discharger
i. Waste material (except waste'in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes ® No
j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes M too
k. Particulate matter or visible deposits of 'residuals from roof stacks and/or vents not ❑ Yes ® No
otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored ❑ Yes ® No
not closed and stored upside down to prevent precipitation accumulation)
Page 1 of 3
SWU-NESR-29M2010
NCGNE0000 No Exposure Self Re -Certification
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes ® No
stored outside, has the facility had any releases in the past three (3) years?
3) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following Items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from ❑WQ.
a. Are exterior ASTs and piping free of 'rust, damaged or weathered coating, pits, or NYes❑ No ❑
deterioration; or evidence of. leaks? NIA
b. Is secondary containment provided for all exterior'ASTs? If so, is it free of any ®Yes❑ NoEl
cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? N/A
4) Secondary Containment: If you answer "No" to.any of the following items, you are not eligible to
maintain your no exposure exclusion, and must Immediately apply,for a permit from DWQ.
a. Is secondary containment provided for all single above ground storage
®Yes❑ No ❑
containers (including drums, barrels, etc.) with a capacity of more than 660=
NIA
gallons?
b. Is secondary containment provided for above ground storage containers stored
Yes❑, No ❑
in close proximity to each other with a combined capacity of more than 1,320-
N/A
gallons?
c. Is secondary containment provided for Title III. Section 313 Superfund
®Yes❑ No ❑
Amendments and .Reauthorization Act (SARA) water priority. chemicals*?
NIA
d. Is secondary containment provided for hazardous substances- designated in 40
ZYes❑ No ❑
CFR §116?
NIA
e. Are release valves on all secondary containment structures lockedT
®Yes❑ No ❑
NIA
Footnotes to Questions 4) c. & d.
"Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made for de minimis amounts of certain substances, and/or other qualifiers, as described in the exemptions
from reporting requirements'of Title III SARA 313 in 40 CFR §372.38.
"Note that amounts below the 660-gallon (single) and 1,320-gallon (combined);bulk storage minimums require secondary containment.
However, some exceptions may be made for amounts less than the Reportable. Quantities of the hazardous substances listed in 40 CFR
§117,3.
5) Other information: If you answer"Yes" to any of the following items, and the answer if different from
how it answered when originally applying, you might not.be eligible to maintain your no exposure
exclusion. Please contact the Division if this is the case.
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes ® No.
b. Does your facility have coal piles on site? ❑ Yes ® No
c. Does your facility store other'fuel sources outside in piles, such as wood chips, ❑ Yes �No
sawdust, etc.?
d. Does your facility have air emissions associated with its industrial activity (e.g., Yes ❑ No
degreasing operations, plating, painting and metal finishing)? Ifso, describe. the
industrial activity; ,131 as flare from Lagoon,. finish grinder operations, gelatin
manufacturing
e. if you answered yes to d., are those emissions permitted by an Air Quality ®Yes[_] No❑NIA
Permit? Please specify: Air Permit # 096061105
Page 2 of 3
SWU-NESR-29Ju12010
NCGNE0000 No Exposure Self Re -Certification
6) Certification:
i certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure" and obtaining/maintaining an exclusion from NPDES stormwater permitting.
I certify under penalty of lawthat there are no discharges of stormwater contaminated by exposure to industrial activities or
materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that.1 am obligated to annually self re -certify No Exposure and, if requested, submit this re -certification to
DWQ or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where
applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such.inspection
reports publicly available, upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under
an NPDES permit prior to- any _point -source discharge of stormwater from the facility. Additionally, 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 provided. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for providing false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief
such information is true, complete, and•accurate. _
� Printed Name of Pe rs n Signing; 4..
a �f r�cyt e
Title: r e ✓o, :c
ure} - _ (Date 5i rteci}
Please note: The Regional Office. may inspect your facility at any time in the future for
compliance with the No Exposure Exclusion.
North Carolina General Statute 143-215.6B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under, this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or.maintained under this Article or rules of the
(Environmental Management] Commission implementing this Article:shall be guilty of;a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($u10,000).
This completed_form must be kept on file at the facility for at least 5 years. Do not submit this
form to DWQ unless requested.
Page 3 of 3
SWU-NESR-29Ju12D1D
Q5 Nitta Gelatin USA, Inc.
4341 PRODUCTION DRIVE - FAYETTEVILLE, NC 28306
October 5. 2010
Belinda S. Henson
Regional Supervisor #
Surface Water Protection Section
225 Green Street, Suite 714 { / DENIN-Fo-- R
. �-
Fayetteville, NC 28301 �``- 1 '� ( OCT (7 2010
Subiect: Storm Water Discharge 1 ti yam- fDWO
(r` i
Dear Ms. Henson,
On September 28th, 2010 at approximately 10:30 pm, one of the Nitta Gelatin
Maintenance Technicians discovered that a sulfuric acid tank in a containment dyke had
sprung a leak and partially filled the dyke wall. The acid had mixed with the rain water
in the dyke. The strong acid had eaten out the grouting around a drain pipe and was
leaking into a storm drain. The acid and water was pumped out of the dyke and the
remaining acid pumped to a new tank by approximately 6:00 am on the 29th. According
to our level trends, the acid leak bean around 10:00 am on the 281h. Based on the
amount of acid delivered on the 25t into the tank, the amount used in our process up to
the 28th, and the amount recovered in totes and the new tank, it is estimated that between
30 — 60 gallons of acid was lost into the storm drain. Chad Kormanek, General Manager
of Nitta Gelatin USA, was out of the area on the 29th and was contacted about the spill at
approximately 3:00 pm. Mr. Kornranek reported the issue to the Surface Water
Protection Section of NCDENR around 4:00 pm. Ms. Henson recommended getting our
storm drain retention pond pumped out to remove the acid. 301 Environmental was on
the site at around 6:00 pm and pumped out approximately 4000 gal of water out of the
pond.
The morning of the 30th, the pH of the water was low and 301 Environmental was called
in to pump out 8000 gal of grater out of the pond. The pH issue was complicated by the
amount of rain water and the pH of the ground water in the area. Both the rain water and
ground water have very low alkalinity which makes it unbuffered against acidic pH
changes. The ground water naturally has a pH of around 4.5 in the plant location. Basic
solutions were used to increase the pH of the storm water. Hydrated lime was found to
be most effective as it increased the pH and the alkalinity of the water.
The pipe in the dyke wall from which the acid leaked has been removed and the hole
patched with a chemical resistant concrete on the 30th of September.
Thanks again for your help in surveying this issue and recommendations for clean up.
Please let me know if you have any questions.
Sincerel
a C. Kormar e
General Manager
r�-
Re: Status
Subject: Re: Status
From: Mike Lawyer <Mike_Lawyer a ncmail.net>
Date: Fri, 30 Mar 2007 l 1:04:42 -0400
To: "Chad Kormanek (NGU)" <c.kormanek@nitta-gelatin_com>
Just wanted to let you know that I did come that afternoon to see the concrete
work. Looked pretty good. Did see some water going through the storm drain system
with a sheen, nothing observed in the ponds however and the creek looked like it had
been cleaned up pretty well. Please keep me informed of any situations and contact
me with any questions or concerns.
Thanks,
Mike
Chad Kormanek (NGU) wrote:
Mike
I have to run to the doctors sometime this afternoon. You are welcome
to stop by and take a look around back if you'd like.
Thanks
Chad
-----Original message -----
From: Mike Lawyer [mailto:Mike.Lawyer@ncmail.net] Sent: Monday, March 26, 2007
10:54 AM
To: Chad Kormanek (NGU)
Subject: Re: Status
Glad to hear it. Mind if I come by this afternoon to take a quick look?
Mike
Chad Kormanek (NGU) wrote:
Mike
Just to update you again. The concrete was finished on March 19th.
Thanks
Chad
-----Original Message -----
From: Mike Lawyer [mailto:Mike.Law er@ncmail.net]
Sent: Monday, March 12, 2007 11:06 AM
To: Chad Kormanek (NGU)
Subject: Re: Status
Thanks for the update.
Chad Kormanek (NGU) wrote:
Mike
I am still having an issue securing a concrete company to do the curb work. I
am waiting on one more guy but at this point, I do not think that it will be
completed until 3/23.
Thanks
Chad
Michael Lawyer
Environmental Specialist
NCDENR-Division of Water Quality
Surface Water Protection Section
i ol'2 3/30/2007 11:06 AM
Re: Status
Fayetteville Regional Office
Direct: (910)433-3329
Main: (910)433-3300
Fax: (910)486-0707
Michael Lawyer
Environmental Specialist
NCDENR-Division of Water Quality
Surface Water Protection Section
Fayetteville Regional Office
Direct: (910)433-3329
Main: (910)433-3300
Fax: (910)486-0707
Michael Lawyer
Environmental Specialist
NCDENR--Division of Water Quality
Surface Water Protection Section
Fayetteville Regional Office
Direct: (910)433-3329
Main: (910)433-3300
Fax: (910)486-0707
2 of'2 3/30/2007 1 1:06 AM
@0 Nitta Gelatin USA, Inc.
4341 PRODUCTION DRIVE - FAYETTEVILLE, NC 28306
r
February 24, 2007
Michael Lawyer
Environmental Technician
NCDENR — Division of Water Quality
Fayetteville Regional Office=�
225 Green St., Suite 714 tt�j
Fayetteville, NC 28301
D\NQ
Subiect: Storm Water Discharge
Dear Mr. Lawyer,
On February 20, 2007, areas of grease accumulation were detected in the storm water
runoff from our facility. The source of they grease was traced to a storm drain that was
under a trailer and not isolated from the area where the grease trucks are loaded. As an
immediate containment, sand bags were placed around the storm drain and a straw dam
was constructed in the storm water trench to prevent any more grease from getting into
the runoff. To clean up the areas of grease accumulation, 301 Environmental was
contracted to flush the drains with water and pump out the grease. The design and
construction of a full containment area for grease truck loading has been initiated and will
be completed by March 9, 2007.
Thanks again for your help in surveying this issue and recommendations for clean up.
Please let me know if you have any questions.
Sincerely,
Chad C. Kormanek
General Manager
Incident i
Subject: Incident
From: "Chad Kormanek 1(NGUI)" <c.kormanek a nitta-geiatin.coni>
Date: Wed, 24 Jan 2007 12.53:25 -0500
To: "Mike Lawyer" <Mike,Lawyer a ncmail.net>
Mike
Yesterday, a technician from PWC noticed some grease in one of our storm drain pipes. Upon seeing
this, we had 301 environmental pump out the pipe and flush with hot water. The rip rap at the end of the
pipe contained most if not all of the grease before getting into our trench before the containment basin.
do not believe this grease was from a recent spill. l believe it is remnants from the previous spill that we
had cleaned out but not flushed the pipes out. As further prevention of any spills, we have installed a
containment curb around the area where we discharge grease. This was completed last week. Please
let me know if you have any questions.
Thanks
Chad
Of I 1 1/25/2007 4:17 PM
FW: Nitta's [itch
Sahject: FIX: Ninu> Ditch
From. "Chad Him" <chad.hamCoCaypwc.com>
Dale: Thu. 25 Jan 2007 09;18:53 -OSUO
To: <mike.Frwyer(u_.gncmaii.nan
Mike,
Not sure if you have been contacted by reps from Nitta Gelatin or not. We discovered this on Wednesday and told
him he needed to report the incident and call you. He said he would but I want to follow up to make sure he did.
Let me know whether or not you have Heard from him.
Chad
From: Tim Davis
Sent: Tuesday, January 23, 2007 4:05 PM
To: Chad Ham
Subject: FW: Nitta's Ditch
From: Brian Morrison
Sent: Tuesday, January 23, 2001 3:52 PM
To: Chad Lucas; Jeff William; Tim Davis
Subject: Nitta's Ditch
Nitta's Ditch
The information contained in this communication (including any attachment) is privileged and
confidential information that is intended for the sole use of the addressee. Access to this
communication by anyone else is unauthorized. If the reader is not the intended recipient, or
an employee or agent responsible for delivering this communication to the intended recipient,
you are hereby notified that any distribution or copying of this communication is strictly
prohibited and may be unlawful. If you have received this transmission in error, please reply
and notify us of this error and delete this message_ Finally, the recipient should check this
communication and any attachments for the presence of viruses. The Public Works Commission of
the City of Fayetteville, NC, accepts no liability for any damage caused by any virus
transmitted by this communication.
1 of 8 1/25/2007 4:18 PM
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8 of 8 1 /25/2007 4:18 PM
(� 1N A rF
9pG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
_O=0
co �
Alan W. Klimek, P. E. Director
Division of Water Quality
Q
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 21, 2006 RECEIVED
Mr. Raymond Merz
JUL 2 6 2006
Nitta Gelatin USA, Inc.
4341 Production Drive
-;AVMLLE REGIONAL OITICE
Fayetteville, NC 28306
Subject: No Exposure Certification NCGNE0295
Nitta Gelatin USA, Inc.
4341 Production Drive, Fayetteville, NC
Cumberland County
Dear Mr. Merz:
The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES
Stormwater Permitting form, which we received on June 19, 2006. Based on your submittal and signed
certification of no exposure at the above referenced facility, the Division is granting your certification as
provided for under 40 CFR 126.22(g), which is incorporated by reference in North Carolina regulations.
Please note that by our acceptance of your no exposure certification, you are obligated to maintain no
exposure conditions at your facility. If conditions change such.that your facility can no longer qualify for a no -
exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater
discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your
conditional no exposure exclusion expires in five years (June 30, 2011). At that time you must re -certify with
the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility.
Your certification of no exposure does not affect your facility's legal requirements to obtain environmental
permits that may be required under other federal, state, or local regulations or ordinances.
If you have any questions or need further information, please contact Sarah Young at (919) 733-5083, ext.
502, or at sarah.young@ncmail.net.
cc: Fayetteville Regional Office
Stormwater Permitting Unit Files
Sincerely,
ORIGINAL SIGNED BY
KEN PICKLE
for Alan W. Klimek, P.E.
Central Files — wlattachments
N. C. Division of Water Quality - 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015
��
6ENOR
Customer Service
1-877-623-6748
0 \.N A 7-�C
Michael F. Easley, Govemor
9pG
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
`O=�
CID
Alan W. Klimek, P. E. Director
i
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 21, 2006
Mr. Raymond Merz
Nitta Gelatin USA, Inc.
4341 Production Drive
Fayetteville, NC 28306
Subject: No Exposure Certification NCGNE0295
Nitta Gelatin USA, Inc.
4341 Production Drive, Fayetteville, NC
Cumberland County
Dear Mr. Merz:
The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES
Stormwater Permitting form, which we received on June 19, 2006. Based on your submittal and signed
certification of no exposure at the above referenced facility, the Division is granting your certification as
provided for under 40 CFR 126.22(g), which is incorporated by reference in North Carolina regulations.
Please note that by our acceptance of your no exposure certification, you are obligated to maintain no
exposure conditions at your facility. If conditions change such that your facility can no longer qualify for a no -
exposure exclusion, you are obligated to immediately obtain NPDES permit coverage for your stormwater
discharge. Otherwise, the discharge becomes subject to enforcement as an un-permitted discharge. Your- -
conditional no -exposure exclusion expires in five years (June 30, 2011). At that time you must re -certify with
the Division, or obtain NPDES permit coverage for any stormwater discharges from your facility.
Your certification of no exposure does not affect your facility's legal requirements to obtain environmental
permits that may be required under other federal, state, or local regulations or ordinances.
If you have any questions or need further information, please contact Sarah Young at (919) 733-5083, ext.
502, or at sarah.young@ncmail.net.
Sincerely,
4,1 f
've, ��
for Alan W. Klimek, P.E.
r- 4C 1 & I
cc: Fayetteville Regional Office " Central Files - wlattachments
Stormwater Permitting Unit Files
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015
�aENft
Customer Service
1-877-623-6748
Map of 43,4 1, Production Dr Fayetteville, NC by MapQuest
Page I of I
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4341 Production Dr
Fayetteville, NC 28306-9513, US
All rights reserved. Use Subject to License/Copyright
This map is informational only. No representation is made or warranty given as to its content. User assumes all risk
of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use.
http://www.mapquest.comlmapslmap.adp?fon-ntype=address&country=US&popflag=O&Ia... 6/27/2006
�CDAs
United States Environmental Protection Agency Form Approved
9 Y OMB No. 2040-t)211
NPDES Wt EPA Washington, DC 20460
FORM NO EXPOSURE CERTIFICATION for Exclusion from
3510-71
NPDES Storm Water Permitting
Submission of this No Exposure Certification constitutes notice that the entity identified in Section A does not require permit authorization for its storm water
discharges associated with industrial activity in the State identified in Section B under EPA's Storm Water Multi -Sector General Permit due to the existence
of a condition of no exposure.
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/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. Material handling activities include the storage,
loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. A storm resistant shelter is
not required for the following industrial materials and activities:
— drums, barrels, tanks, and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. 'Sealed"
means banded or otherwise secured and without operational taps or valves;
— adequately maintained vehicles used in material handling; and
— final products, other than products that would be mobilized in storm water discharges (e.g., rock salt).
A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In addition, the exclusion from NPDES permitting is
available on a facility -wide basis only, not for individual outfalls. If any industrial activities or materials are or will be exposed to precipitation, the facility is
not eligible for the no exposure exclusion.
By signing and submitting this No Exposure Certification form, the entity in Section A is certifying that a condition of no exposure exists at its facility or site,
and is obligated to comply with the terms and conditions of 40 CFR 122.26(g).
►_1��fi!IY+t]:tb/�iLi7►[i•[>Eb�i:I��i]�Iis7��Islr�i�:1!`ydiL-�
Detailed instructions for completing this form and obtaining the no exposure exclusion are provided on pages 3 and 4.
A. Facility Operator information
1. Name:
t
3. Mailing Address: a. Street: 14,31411, IPlrpdi-ggtIi,qrai
b. city. 1FlaYeltltle,y it ll llel I I I I I I I I I
2. Phone: 19,11014,8A0,4,5,71
1Ir, I I I l I l 1 1 1 1 1 1 1 1
c. State: N-Ci d. Zip Code: 12 & 310i 6t-1 1 I 1 1
B. Facilityl5ite Location Information ('+ Y1 TTTT 7�
1. Facility Name:il1t t_�ietl�tllt 1LJ1SfA, i I 111nIG • I I I
2. a. Street Address: 14,31411, IPIrIg(dggt,iprl 1prl I I I I I I
b. City: 1F,alye,t,tle,yi,1,1,el I I I I I I I III 1 c.County:
d. State: II e. Zip Code: 121811 0 fi I I J_ i
3. Is the facility located on Indian Lands? Yes ❑ No
4. Is this a Federal facility? Yes ❑ No
5. a. Latitude: 13,41 o L5L6
j b. Longitude: 101718 P L53 10L91
6. a. Was the facility or site previously covered under an NPDES storm water permit? Yes ❑
b. If yes, enter NPDES permit number:
7. SIC/Activity Codes: Primary: 2 019 9� Secondary (if applicable): 1 I I I
8. Total size of site associated with industrial activity: 37 acres
I�lul�bielrl1 Ialnld�--�
2m
0
3 M >
L' ul
r =1
9. a. Have you paved or roofed over a formerly exposed, pervious area in order to qualify for the no exposure exclusion? Yes ❑ No
b. If yes, please indicate approximately how much area was paved or roofed over. Completing this question does not disqualify you for the no exposure
exclusion. However, your permitting authority may use this information in considering whether storm water discharges from your site are likely to have
an adverse impact on water quality, in which case you oo61d'6etrequired to obtain permit coverage.
Less than one acre ❑ One to five acres ❑ More than five acres ❑
crr+rumi 3oiu-i i tiu-oat rage i Or
NPDES A Form Approved
FORM �r,EPA NO EXPOSURE CERTIFICATION for Exclusion from OMB No.2040-0211
3510-11 NPDES Storm Water Permitting
C. Exposure Checklist
Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future?
(Please check either "Yes" or "No" in the appropriate box.) If you answer "Yes" to any of these questions
(1) through (11), you are not eligible for the no exposure exclusion.
Yes
No
1. 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
2. Materials or residuals on the ground or in storm water inlets from spillslleaks
3. Materials or products from past industrial activity
4. Material handling equipment (except adequately maintained vehicles)FV
5. Materials or products during loading/unloading or transporting activities
6. Materials or products stored outdoors (except final products intended for outside use [e.g.. new cars] where
exposure to storm water does not result in the discharge of pollutants)
7. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers
8. Materials or products handled/stored on roads or railways owned or maintained by the discharger
9. Waste material (except waste in covered, non -leaking containers [e.g., dumpsters])
10. Application or disposal of process wastewater (unless otherwise permitted)
El
Z
11. Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise regulated
(i.e., under an air quality control permit) and evident in the storm water outflow
D. Certification Statement
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. -
I certify under penalty of law that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial
facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to submit a no exposure certification form once every five years to the NPDES permitting authority and, if requested, to
the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where applicable). I understand that I must
allow the NPDES permitting authority, or MS4 operator where the discharge is into the local 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.
Additionally, 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 on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my
knowledge and belief true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility
of fine and imprisonment
ftorr knowing violMatioonns. �7
Print Name: IRI4_rl•�4�- A(Jl Ij��q lei 1 1 1 1 1 1_ 1 1 1 1 1 i 1 1 1 1 1 1 1 1
Print Title: I P
Signature:
Date: I I I <'I 01 GI q to
Ar~sl6 Q?
t
EPA Form 3510-11 (10-99) Page 2 of 4
NPDES Instructions for the NO EXPOSURE CERTIFICATION for Form Approved
FORM Instructions OMB No. 2040-0211
3510-11 Exclusion from NPDES Storm Water Permitting
Who May File a No Exposure Certification Section B. Facility/Site Location Information
Federal law at 40 CFR Part 122.26 prohibits point source discharges of 1. Enter the official or legal name of the facility or site.
storm water associated with industrial activity to waters of the U.S. without
a National Pollutant Discharge Elimination System (NPDES) permit. However, 2. Enter the complete street address (if no street address exists, provide
NPDES permit coverage is not required for discharges of storm water a geographic description [e.g., Intersection of Routes 9 and 55]), city,
associated with industrial activities identified at 40 CFR 122.26(b)(14)(i)- county, state, and zip code. Do not use a P.O. Box number.
(ix) and (xi) it the discharger can certify that a condition of "no exposure'
exists at the industrial facility or site. 3. Indicate whether the facility is located on Indian Lands.
Storm water discharges from construction activities identified in 40 CFR
122.26(b)(14)(x) and (b)(15) are not eligible for the no exposure exclusion.
Obtaining and Maintaining the No Exposure Exclusion
This form is used to certify that a condition of no exposure exists at the
industrial facility or site described herein. This certification is only applicable
in jurisdictions where EPA is the NPDES permitting authority and must be
re -submitted at least once every five years.
The industrial facility operator must maintain a condition of no exposure at
its facility or site in order for the no exposure exclusion to remain applicable.
If conditions change resulting in the exposure of materials and activities to
storm water, the facility operator must obtain coverage under an NPDES
storm water permit immediately.
Where to File the No Exposure Certification Form
No Exposure Forms sent regular mail:
SW No Exposure Certification (4203M)
USEPA
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
Completing the Form
Forms sent ovemight/express:
SW No Exposure Certification
US EPA East Building, Rm. 7420
1201 Constitution Avenue, NW
Washington, D.C. 20004
(202)564-9545
You must type or print, using uppercase letters, in appropriate areas only.
Enter only one character per space (i.e., between the marks). Abbreviate
if necessary to stay within the number of characters allowed for each item.
Use one space for breaks between words. One form must be completed
for each facility or site for which you are seeking to certify a condition of no
exposure. Additional guidance on completing this form can be accessed
at EPA's website: www.epa.gov/npdes/stormwater. Please make sure you
have addressed all applicable questions and have made a photocopy for
your records before sending the completed form to the above address.
Section A. Facility Operator Information
1. Provide the legal name of the person, firm, public organization, or any
other entity that operates the facility or site described in this certification.
The name of the operator may or may not be the same as the name of
the facility. The operator is the legal entity that controls the facility's
operation, rather than the plant or site manager.
2. Provide the telephone number of the facility operator.
3. Provide the mailing address of the operator (P.O. Box numbers may be
used). Include the city, state, and zip code. All correspondence will
be sent to this address.
4. Indicate whether the industrial facility is operated by a department or
agency of the Federal Government (see also Section 313 of the Clean
Water Act),
5. Enter the latitude and longitude of the approximate center of the facility
or site in degrees/minutes/seconds. Latitude and longitude can
be obtained from United States Geological Survey (USGS) quadrangle
or topographic maps, by calling 1-(888) ASK-USGS, or by accessing
the Census Bureau at: http:lAvww,census.gov/cgi-bin/gazetteer.
Latitude and longitude for a facility in decimal form must be converted
to degrees (°), minutes ('), and seconds (') for proper entry on
the certification form. To convert decimal latitude or longitude to
degrees/minuteslseconds, follow the steps in the following example.
Exampte: Convert decimal latitude 45,1234567 to degrees (°), minutes
('), and seconds (").
a) The numbers to the left of the decimal point are the degrees: 45°.
b) To obtain minutes, multiply the first four numbers to the right of the
decimal point by 0.006: 1234 x 0.006 = 7.404.
c) The numbers to the left of the decimal point in the result obtained
in (b) are the minutes: 7'.
d) To obtain seconds, multiply the remaining three numbers to the
right of the decimal from the result obtained in (b) by 0.06:
404 x 0,06 = 24.24. Since the numbers to the right of the decimal
point are not used, the result is 24".
e) The conversion for 45.1234567 = 45' 7' 24".
6. Indicate whether the facility was previously covered under an NPDES
storm water permit. If so, include the permit number.
7. Enter the 4-digit SIC code which identifies the facility's primary activity,
and second 4-digit SIC code identifying the facility's secondary activity,
if applicable. SIC codes can be obtained from the Standard Industrial
Classification Manual, 1987.
8. Enter the total size of the site associated with industrial activity in acres.
Acreage may be determined by dividing square footage by 43,560, as
demonstrated in the following example.
Example: Convert 54,450 ft2 to acres
Divide 54,450 ft2 by 43,560 square feet per acre:
54,450 ft2 + 43,560 ft2lacre = 1.25 acres.
9. Check "Yes" or "No' as appropriate to indicate whether you have paved
or roofed over a formerly exposed, pervious area (i.e,, lawn, meadow,
dirt or gravel roadlparking lot) in order to qualify for no exposure. If yes,
also indicate approximately how much area was paved or roofed over
and is now impervious area.
EPA Form 3510-11 (10-99) Page 3 of 4
NPDES Instructions for the NO EXPOSURE CERTIFICATION for Form Approved
FOORM �_, E�q OMB No. 2040-0211
Exclusion from NPDES Storm Water Permitting
Section C. Exposure Checklist authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures;
Check "Yes' or "No" as appropriate to describe the exposure conditions at
your facility. If you answer -Yes" to ANY of the questions (1) through (11) For a partnership or sole proprietorship; by a general partner or the
in this section, a potential for exposure exists at your site and you cannot proprietor; or
certify to a condition of no exposure. You must obtain (or already have)
coverage under an NPDES storm water permit. After obtaining permit For a municipal, State, Federal, or other public facility: by either a
coverage, you can institute modifications to eliminate the potential for a principal executive or ranking elected official.
discharge of storm water exposed to industrial activity, and then certify to
a condition of no exposure. Paperwork Reduction Act Notice
Section D. Certification Statement
Federal statutes provide for severe penalties for submitting false information
on this application form. Federal regulations require this application to be
signed as follows:
For a corporation: by a responsible corporate officer, which means:
(i) president, secretary, treasurer, or vice-president of the corporation
in charge of a principal business function, or any other person
who performs similar policy or decision making functions for the
corporation, or
(ii) the manager of one or more manufacturing, production, or
operating facilities, provided the manager is authorized to make
management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of
making major capital investment recommendations, and initiating
and directing other comprehensive measures to assure long
term environmental compliance with environmental laws and
regulations; the manager can ensure that the necessary systems
are established or actions taken to gather complete and accurate
information for permit application requirements; and where
EPA Form 3510-11 (10-99)
Public reporting burden for this certification is estimated to average 1.0 hour
per certification, including time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Burden means the total time,
effort, or financial resources expended by persons to generate, maintain,
retain, or disclose to provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire, install,
and utilize technology and systems for the purposes of collecting, validating,
and verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply with
any previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or otherwise
disclose the information. An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information unless it
displays a currently valid OMB control number. Send comments regarding
the burden estimate, any other aspect of the collection of information, or
suggestions for improving this form, including any suggestions which may
increase or reduce this burden to: Director, OPPE Regulatory Information
Division (2137). USEPA, 401 M Street, SW, Washington, D.C. 20460.
Include the OMB control number of this form on any correspondence. Do
not send the completed No Exposure Certification form to this address.
Page 4 of 4
Re: no -exposure
Subject: Re: no -exposure
From: Mike Lawyer <Mike.Lawyer@ncmail.net>
Date: Wed, 28 Jun 2006 11:16:16 -0400
To: Sarah Young <sarah.young@ncmai1.net>
CC: Belinda Henson <bellnda.henson@ncmail.net>
Hi Sarah. I actually visited this site a few months ago when it was still in the
beginning stages of construction. I spoke with a Mr. Chad Kormanek about the
facility's operations and suggested that he apply for the NEC. I also stopped by the
facility a couple of weeks ago and they were completing construction. Every aspect
of,the operation will be conducted inside their facility and 1 recommend proceeding
with issuance of the No Exposure Certification. As always, if you need more info
please contact me.
Thanks,
Mike
Sarah Young wrote:
Mike -
Can you check out this no -exposure for me? 'Thanks, Sarah
Michael Lawyer
Environmental 'Technician
NCDENR-Division of Water Quality
Surface Water Protection Section
Fayetteville Regional Office
Direct: (910)433-3329
Main: (910)433-3300
Fax: (910)486-0707
l of 1 6/28/2006 l :36 PM
At
Energy. Mineral
and Land Resources
ENVIRONMENTAL QUALITY
Division of Energy, Mineral and Land Resources
Land Quality Section — Stormwater Permitting
. National Pollutant Discharge Elimination System
ANNUAL NO EXPOSURE EXCLUSION SELF RE -CERTIFICATION
NCGNE0000
Do not submit this form to DEMLR unless requested.
For questions, please contact the DEMLR Regional Office for your area 'or the Central Office.
(Please print or type)
Facility's No Exposure Exclusion No. Date Completed (MM/DD/WW)
N I C G I N I f I I / / 177
1) Has the facility name or owner changed? ❑ Yes ❑ No
(if yes, please submit a separate Name/Ownership Change Form to DEMLR located at:
2) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Using, storing, or cleaning industrial machinery or equipment, and areas where ❑ Yes ❑ No
residuals from using, storing or cleaning,industrial machinery or equipment
remain and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes ❑ No
c. Materials or products from past industrial activity ❑ Yes ❑ No
d. Material handling equipment (except adequately maintained vehicles)
❑ Yes
❑ No
L. Materials c,; products during loading/ur.loading or transporting activities
❑ Yes
❑ No
f. Materials or products stored outdoors (except final products intended for outside
❑ Yes
❑ No
use [e.g., new cars) where exposure to stormwater does not result in the
discharge of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels,
❑ Yes
❑ No
tanks, and similar containers
h. Materials or products handled/stored on roads or railways owned or maintained
❑ Yes
❑ No
by the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g.,
❑ Yes
❑ No
dumpsters))
j. Application or disposal of process wastewater (unless otherwise permitted)
❑ Yes
❑ No
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents
❑ Yes
❑ No
not otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored
❑ Yes
❑ No
(i.e., not closed and stored upside down to prevent precipitation accumulation)
Page 1 of 3
SWU-NESR-Way2016
NCGNE0000 No Exposure Self Re -Certification
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers -[:]-Yes ❑ No
stored outside, has the.facility had any releases in the past three (3) years?
3) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not
eligible to maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Are exterior ASTs and piping free of rust, damaged or weathered coating, pits, [:]yes[:] No ❑
or deterioration, or evidence of leaks? NIA
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any [:]Yes[:] No ❑
cracks, holes, or evidence of leaks, and are drain valves maintained locked NIA
shut?
4) Secondary Containment: If you answer "No" to any of the following items, you are not eligible to
maintain your no exposure exclusion, and must immediately apply for a permit from DEMLR.
a. Is secondary containment provided for all single above ground storage [--]Yes[:] No ❑
containers (including drums, barrels, etc.) with a capacity of more than 660- NIA
gallons?
b. Is secondary containment provided for above ground storage containers stored [:]Yes[:] No ❑
in close proximity to each other with a combined capacity of more than 1,320- NIA
gallons?
c. Is secondary containment provided for Title III Section 313 Superfund [:]Yes[:] No ❑
Amendments and Reauthorization Act (SARA) water priority chemicals`? NIA
d. Is secondary containment provided for hazardous substances" designated in [:]Yes[:] No ❑
40 CFR §116? NIA
e. Are release valves on all secondary containment structures locked? ❑Yes❑ No ❑
NIA
Footnotes to Questions 4) c. & d.
'Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
--ttoweveL, sorre exceptions mai-bte-inade fords:niii)un is amounts of certain substances, and/or other qualifiers, as desCrilied-ii, 'the exariiptions - -
from reporting requirements of Title III SARA 313 in 40 CFR §372.38. -
""Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment.
However, some exceptions may be made for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR
§117.3.
5) Other information: If you answer "Yes" to any of the following items, and the answer if different from
how it was answered when originally applying, you might not be eligible to maintain your no exposure
exclusion. Please contact the Division if this is the case.
a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes ❑ No
b. Does your facility have coal piles on site? ❑ Yes ❑ No
c. Does your facility store other fuel sources outside in piles, such as wood chips, ❑ Yes ❑No
sawdust, etc.?
d. Does your facility have air emissions associated with its industrial activity (e.g., ❑ Yes ❑ No
degreasing operations, plating, painting and metal finishing)? If so, describe the
industrial activity:
e. If you answered yes to d., are those emissions permitted by an Air Quality [:]Yes[:] No[:]
Permit? Please specify: NIA
Page 2 of 3
SWU-NESR-3May2016
NCGNE0000 No Exposure Self Re -Certification
6) Certification:
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure" and obtaining/maintaining an exclusion from NPDES stormwater permitting.
I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or
materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to annually self re -certify No Exposure and, if requested, submit this re -certification to
DEMLR or the operator of the local municipal separate storm sewer system (MS4) into which the facility discharges (where
applicable). I understand that I must allow the North Carolina Division of Water Quality, or MS4 operator where the
discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection
reports publicly available upon request.
In the event that the site no longer qualifies for a No Exposure Exclusion, I understand that I must obtain coverage under
an NPDES permit prior to any point source discharge of stormwater from the facility. Additionally, 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 provided. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information provided is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for providing false information, including the possibility of fine and imprisonment for
knowing violations.
certify that I am familiar with the information contained in this document and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of Person Signing:
Title:
(Signature)
(Date Signed)
Please note: The Regional Office may inspect your facility at any time in the futurefor compliance
with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
This completed form must be kept on file at the facility for at least 5 years. Do not submit this
form to DEMLR unless requested.
Page 3of3
SWU-NESR-Way20113
APPENDIX A
SECTION 313 WATER PRIORITY CHEMICALS
Chemical Name
CAS No.
Abamectin [Avermectin B 1 ]
71751-41-2
Acephate (Acetylphosphoramidothioic acid 4,S-dimethyl ester)
30560-19-1
Acetaldehyde
75-07-0
Acetamide
60-35-5
Acetonitrile
75-05-8
Acetophenone
98-86-2
2—Acetylaminofluorene
53-96-3
Acifluorfen, sodium salt [5-(2-Chloro-4-(trifluoromethyl)phenoxy)-2-nitrobenzoic
acid, sodium salt]
62476-59-9
Acrolein
107-02-8
Acrylamide
79--06--1
Acrylic acid
79-10-7
Acrylonitrile
107-13-1
Alachlor
15972-60-8
Aldicarb
11 "6-3
Aldrin[1.4:5.8-Dimethanonaphthalene,12,3,4,10.10-hexachloro-1,4,4a,5,8,8a-
hexahydro-(l.alpha.,4.alpha.,4a.beta.,5.alpha.,8.alpha., 8a.beta.)-]
309-00-2
d-trans-Allethrin [d-trans-Chrysanthemic acid of d-aliethrone]
28057-48-9
Allyl alcohol
107-18-6
Allylamine
107-11-9
Allyl chloride
107-05-1
Aluminum (fume or dust)
7429-90-5
Aluminum oxide (fibrous forms)
1344-28-1
f;lurninu�„ phosphide - -
20859-73-8
Ametryn (N-Ethyl-N'-(1-methyl ethyl)-6-(methylthio)-1,3,5,-triazine-2,4-diamine) -
834-12-8 _
2-Aminoanthraquinone
1 17-79-3
4-Aminoazobenzene
60-09-3
4-Aminobiphenyl
92-67-1
1-Amino-2-methylanthraquinone
82-28-0
Amitraz
33089-61-1
Amitrole
61-82-5
Ammonia (includes anhydrous ammonia and aqueous ammonia from water
dissociable ammonium salts and other sources; 10 percent of total aqueous ammonia
is reportable under this listing)
7664-41-7
Ammonium nitrate (solution)
6484-52-2
Anilazine [4,6-dichloro-N-(2-chlorophenyl)-1,3,5-triazin-2-amine]
101-05-3
Aniline
62-53-3
o-Anisidine
90-04-0
p-Anisidine
104-94-9
o-Anisidine hydrochloride
134-29-2
Anthracene
120-12-7
Chemical fame
CAS No.
Antimony
7440-36-0
Arsenic
7440-3 8-2
Asbestos (friable)
1332-21--4
Atrazine(6-Chloro-N-ethyl-N'-(I-methyiethyl)-1,3,5,-triazine-2,4-diamine)
1912-24-9
Barium
7440-39-3
Bendiocarb [2,2-Dimethyl-1,3-benzodioxol-4-oI methylcarbamate]
22781-23-3
Benfluralin (NT-Butyl-N-ethy1-2,6-dinitro-4-(trifluoromethyl) benzenamine)
1861-40-1
Benomyl
17904-35-2
Benzal chloride
98-87-3
Benzamide
55-21-0
Benzene
71-43-2
Benzidine
92-87-5
Benzo(g,h,i)perylene
00191-24--2
Benzoic trichloride (Benzotrichloride)
9847-7
Benzoyl chloride
98-88-4
Benzoyl peroxide
94-36-0
Benzy] chloride
100-44-7
Beryllium
7440-41-7
B i fenthrin
82657-04-3
Biphenyl
92-52-4
B is(2-chloroethoxy)m ethane
1 1 1-91-1
Bis(2-chloroethyl) ether
1 11-44--4
Bis(chloromethyl) ether
542-88--1
Bis(2-chloro-I-methylethyl) ether
108-60-1
Bis(tributylin) oxide
56-35-9
Boron trichloride
10294-34-5
Boron trifluoridc -- ---- --
7637-07-2 `•
Bromacil (5-Bromo-6-methyl-3-(1-methylpropyl)-2,4-(1H,3H)-pyrimidinedione)
314-40-9
Bromacil, lithium salt [2,4-(IH,3H)-Pyrimidinedione, 5-bromo-6-methyl-3-(l-
methylpropyl), lithium salt]
53404-19-6
Bromine
7726-95-6
1-Bromo-l-(bromomethyl)-1,3-prop anedicarbonitrile
35691-65-7
Bromochlorodifluoromethane (Halon 1211)
353-59-3
Bromoform (Tri b romom ethane)
75-25-2
Bromomethane (Methyl bromide)
74-83-9
Brom otri fl uorom ethane (Halon 1301)
75-03-8
Bromoxynil(3,5-Dibromo-4-hydroxybenzonitrile)
1689-84-5
Bromoxynil octanoate (Octanoic acid, 2,6-dibromo-4-cyanophenyl ester)
1689-99-2
Brucine
357-57-3
1,3-Butadiene
106-99-0
Butyl acrylate
141-32-2
n-Butyl alcohol
71-36-3
sec -Butyl alcohol
78-92-2
tert-Butyl alcohol
75-654
1,2-Butylene oxide
106-88-7
Chemical Name
CAS No.
Butyraldehyde
123-72-8
C.I. Acid Green 3
4680-78-8
C.I. Basic Green 4
569-64-2
C.1. Acid Red 1 14
6459-94-5
C.I. Basic Red 1
989-39-8
C.I. Direct Black 38
1937-37-7
C.I. Direct Blue 6
2602-46-2
C.I. Direct Blue 218
28407-37-6
C.I. Direct Brown 95
16071-86-6
C.I. Disperse Yellow 3
2832-40-8
C.I. Food Red 5
3761-53-3
C.I. Food Red 15
81-88-9
C.I. Solvent Orange 7
3118-97-6
C.I. Solvent Yellow 3
97-56-3
C.I. Solvent Yellow 14
842-07-9
C.I. Solvent Yellow 34 (Aurimine)
492-80-8
C.I. Vat Yellow 4
128-66-5
Cadmium
7440-43-9
Calcium cyanamide
156-62-7
Captan[1H-lsoindole-1,3(2H)-dione,3a,4,7,7a-totrahydro-2-[(trichloromethyl)thio]-]
133-06-2
Carbaryl [I-Naphthalenol, methylcarbamate]
63-25--2
Carbofuran
1563-66-2
Carbon disulfide
75-15-0
Carbon tetrachloride
56-23-5
Carbonyl sulfide
463-58-1
Carboxin (5,6-Dihydro-2-methyl-N-phenyl-1,4-oxathiin-3-carboxamide)
_"523.4-68-A
Catechol .._ - _ _ ........ _..
120-80-9
Chinomethionat [6-Methyl-l13-dithiolo[4,5-b]quinoxalin-2-one]
2439-01-2
Chloramben [Benzoic acid,3-amino-2,5-dichloro-I
133-90-4
Chlordane[4,7-Methanoindan,1,2,4',5,6,7,8,8-octachloro-2,3,3a,4.7,7a-hexahydro-]
57-74-9
Chlorendic acid
115-28-6
Chlorimuron ethyl [Ethyl-2-[[[(4-chloro-6-methoxyprimidin-2-yl)-carbonyl]-
am ino]sul fonyl]benzoate]
90982-32-4
Chlorine
7782-50-5
Chlorine dioxide
10049-04-4
Chloroacetic acid
79-11-8
2-Chloroacetophenone
532-27-4
1-(3-Chloroallyl)-3,5,7-triaza-l-azoniaadamantane chloride
4080-31-3
p-Chloroaniline
10"7-8
Chlorobenzene
108-90-7
Chlorobenzilate [Benzeneacetic acid, 4-chloro-.alpha.-(4-.chlorophenyl)-.alpha.-
hydroxy-, ethyl ester]
510-15-6
1-Chloro-1,l-difluoroethane (HCFC-142b)
75-68-3
Chlorodifluoromethane (HCFC-22)
75-45-6
Chemical Name
CAS No.
Chloroethane (Ethyl chloride)
75-00-3
Chloroform
67-66-3
Chloromethane (Methyl chloride)
74-87-3
Chloromethyl methyl ether
107-30-2
3-Chloro-2-methyl - I -propene
563-47-3
p-Chlorophenyl isocyanate
104-12-1
Chloropicrin
76-06-2
Chloroprene
126-99-8
3-Chloropropion itrile
542-76--7
Chlorotetrafluoroethane
63938-10-3
1 -Chloro- 1, 1,2,2-tetrafluoroethane (HCFC-124a)
354-25-6
2-Chloro- 1, 1, 1,2-tetrafluoroethane (HCFC-124)
2837-89-0
Chlorothalonil[1,3-Benzenedicarbon itrile,2,4,5,6-tetrachloro-]
1897-45-6
p-Chloro-o-toluidine
95-69-2
2-Chloro-1,1,1-trifluoro-ethane (HCFC-133a)
75-88-7
Chlorotrifluoromethane (CFC-13)
75-72-9
3-Chloro-1,1,1-trifluoro-propane (HCFC-253fb)
460-35-5
Chlorpyrifos methyl [0,0-dimethyl-O-(3,5,6-trichloro-2-pyridyl)phosphorothioate
5598-13-0
Chlorsulfuron [2-chloro-N-[[4-methoxy-6-methyl -1,3,5-triazin-2-
yl)amino]carbonyl]benzenesulfonamide]
64902-72-3
Chromium
7440-47-3
Cobalt
7440-48-4
Copper
7440-50-8
Creosote
8001-58-9
p-Cresidine
120-71-8
Creso! (mixed isomers;
1319-77-3
m-Cresol
108-39-4
o-Cresol
95-48-7
p-Cresol
106-44-5
Crotonaldehyde
4170-30-3
Cumene
98-82-8
Cumene hydroperoxide
80-15-9
Cupferron[Benzeneamine, N-hydroxy-N-nitroso, ammonium salt]
135--20-6
Cyanazine
21725--46-2
Cycloate
1134-23-2
Cyclohexane
110-82-7
Cyclohexanol
108-93-0
Cyfluthrin [3-(2,2-Dichloroethenyl)-2,2-dimethylcyclopropanecarboxylic acid,
cyano(4-fluoro-3-phenoxyphenyl)methyl ester]
68359-37-5
Cyhalothrin [3-(2-Chloro-3,3,3-trifluoro-l-propenyl)-2,2-
dimethylcyclopropanecarboxylic acid cyano(3-phenoxyphenyl)methyl ester]
68095-85-8
2,4-D [Acetic acid, (2,4-dichlorophenoxy)-]
94-75-7
Dazomet(Tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-thione)
533-74-4
Chemical Name
CAS No.
Dazomet, sodium salt [Tetrahydro-3,5-dimethyl-2H-1,3,5-thiadiazine-2-thione,
ion(1-), sodium]
53404-60-7
2,4,-D B
94-8 2-6
2,4-D butoxyethyl ester
1929-73-3
2,4-D butyl ester
94-80-4
2,4-D chlorocrotyl ester
2971-38-2
Decabromodiphenyl oxide
1 163-19-5
Desmedipham
13684-56-5
2,4-D 2-ethylhexyl ester
1928-43-4
2,4-D 2-ethyl-4-methylpentyl ester
53404-37-8
Diallate [Carbamothioic acid, bis(1-methylethyl)-, 5-(2,3-dichloro-2-propenyl) ester]
2303-16-4
2,4-Diaminoanisole
615-05-4
2,4-Diaminoanisole sulfate
39156-41-7
4,4'-Diaminodiphenyl ether
101-80--4
Diaminotoluene (mixed isomers)
25376-45-8
2,4-Diaminotoluene
95-80-7
Diazinon
333-41-5
Diazomethane
334-88-3
Dibenzofuran
132-64-9
1,2-Dibromo-3-chloropropane (DBCP)
96-12-8
2,2-Dibromo-3-nitrilopropionamide
10222--01-2
1,2-Dibromoethane (Ethylene dibromide)
106-93-4
Dibromotetrafluoroethane (Halon 2402)
124-73-2
Dibutyl phthalate
84-74-2
Dicamba (3,6-Dichloro-2-methoxybenzoic acid)
191 "0-9
-Dichlcran'[2;U-Dichloro-4-iui70aniline] - -
99-30-7 -
Dichlorobenzene (mixed isomers)
25321-224 - -
1,2-Dichlorobenzene
95-50-1
1,3-Dichlorobenzene
541-73-1
1,4-Dichlorobenzene
106--46-7
3,3'-Dichlorobenzidine
91-94-1
3,3'-Dichlorobenzidine dihydrochloride
612-83-9
3,3'-Dichlorobenzidine sulfate
64969-34-2
Dichlorobromomethane
75-27-4
1,4-Dichloro-2-butene
764-41-0
trans-1,4-Dichloro-2-butene
110-57-6
1,2-Dichloro-1,1-difluoroethane (HCFC-132b)
1649-08-7
Dichlorodifluoromethane (CFC-12)
75-71-8
Dichlorofluoromethane (HCFC-21)
75-43-4
1,2-Dichloroethane (Ethylene dichloride)
107-06-2
1,2-Dichlorethylene
540-59-0
1,1-Dichloro-l-fluoroethane (HCFC-141b)
1717-00-6
Dichloromethane (Methylene chloride)
75-09-2
Dichloropentafluoropropane
127564-92-5
Chemical Name
CAS No.
1, I-dichloro-1,2,2,3,3-pentafluoropropane (HCFC-225cc)
13474-88-9
1,1-dichloro-1,2,3,3,3-pentafluoropropane (HCFC-225eb)
111512-56-2
1,2-dichloro-1,1,2,3,3-pentafluoroprop ane (HCFC-225bb)
422-44-6
1,2-dichloro-1,1,3,3.3-pentafluoropro pane (HCFC-225da)
431-86-7
1,3-dichloro-1.1,2,2,3-pentafluoropropane (HCFC-225cb)
507-55-1
1,3-dichloro-1,1,2,3,3-pentafluoropropane (HCFC-225ea)
136013-79-1
2,2-dichloro-1,1,1,3,3-pentafluoropropane (HCFC-225aa)
128903-21-9
2,3-dichloro-1,1,1,2,3-pentafluoropropane (HCFC-225ba)
422-48-0
3,3Aichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca)
422-56-0
Dichlorophene [ 2,2'-Methylene-bis(4-chlorophenol)]
97-23-4
2,4-Dichlorophenol
120-83-2
1,2-Dichloropropane
78-87-5
2,3-Dichloropropene
78-88-6
trans-1,3-Dichloropropene
10061-02-6
1,3-Dichloropropylene
542-75-6
Di c h lorotetrafluoro ethane (CFC-1 14)
76-14-2
Dichlorotrifluoroethane
34077-87-7
Dichloro-1,1,2-trifluoroethane
90454-18-5
1,1-Dichloro-1,2,2-trifluoroethane (HCFC-123b)
812-04-4
1,2-Dichloro-1,1,2-trifluoroethane (HCFC-123a)
354-23--4
2,2-Dichloro-1, I,1-trifluoroethane (HCFC-123)
306-83-2
Dichlorvos [Phosphoric acid, 2,2-dichloroethenyl dimethyl ester]
62-73-7
Diclofop methyl [2-[4-(2,4-Dichlorophenoxy)phenoxy]propanoic acid, methyl ester]
51338-27-3
Dicofol [Benzenemethanol,4-chloro-. alpha. -(4-chlorophenyl)-.alpha.-
(trichloromethyl)-]
1 15-32-2
Dicyclopentadi__ne
77-73 -
Diepoxybutane
1464-53-5
Diethanolamine
111-42-2
Diethatyl ethyl
38727-55-8
Di (2-ethylhexyl)phthalate
117-81-7
Diethyl sulfate
64-67-5
Diflubenzuron
35367-38-5
Diglycidyl resorcinol ether
101-90-6
Dimethipin [2,3,-Dihydro-5,6-dimethyl-1,4-dithiin-1,1,4,4-tetraoxide]
55290-64-7
Dimethoate
60-51-5
Dihydrosafrole
94-58-6
3,3'-Dimethoxybenzidine
119-90-4
3,3'-Dimethoxybenzidine dihydrochloride (o-Dianisidine dihydrochloride)
20325-40-0
3,3'-Dimethoxybenzidine hydrochloride (o-Dianisidine hydrochloride)
111984-09-9
Dimethylamine
124-40-3
Dimethylamine dicamba
2300-66-5
4-Dimethylaminoazobenzene
60-1 1-7
3,3'-Dimethyl benzidine (o-Tolidine)
119-93-7
3,3'-Dimethylbenzidine dihydrochloride (o-Tolidine dihydrochloride)
612-82--8
Chemical ,Name
CAS No.
3,3'-Dimethylbenzidine dihydrofluoride (o-Tolidine dihydrofluoride)
41766-754
Dimethvlcarbamyl chloride
79-44-7
Dimethyl chlorothiophosphate
2524-03-0
N,N-D im ethy l formamide
6 8-12-2
],I -Dimethyl hydrazine
57-14-7
2,4-Dimethylphenol
105-67-9
Dimethyl phthalate
131-11-3
Dimethyl sulfate
77-78-1
m-Dinitrobenzene
99-65-,0
o-Din itro benzene
528-294
p-Din itro benzene
100-25-4
Dinitrobutyl phenol (Dinoseb)
88-95-7
Dinocap
39300-45-3
4,6-Dinitro-o-cresol
534-52-1
2,4-Dinitrophenol
51-28-5
2,4-Dinitrotoluene
121-14-2
2,6-Dinitrotoluene
606-20-2
Dinitrotoluene (mixed isomers)
25321-14-6
1,4-D ioxane
123-91- l
Diphenamid
957-51-7
Diphenylamine
122-39-4
1,2-Diphenylhydrazine (Hydrazobenzene)
122-66-7
Dipotassium endothall[7-Oxabicyclo(2.2.1)heptane-2,3-dicarboxylic acid,
dipotassium salt]
2164-07-0
Dipropyl isocinchomeronate
136-45-8
Disodium cyanodithioimidocarbonate
138-93-2
-2;4=D-isopropyi' ester- -- - - ... __ -- -, = ... • -._ _ = _ .._..9=i-1
i-i ._.....__.---
2,4-Dithiobiuret
541-53-7
Diuron
330-54-1
Dodine [Dodecylguanidine monoacetate]
2439-103
2,4,-DP
120-36-5
2,4-D propylene glycol butyl ether ester
1320-18-9
2,4-D sodium salt
2702-72-9
Epichlorohydrin
106-89-8
Ethoprop [Phosphorodithioic acid O-ethyi S.S-dipropyl ester]
13194-48-4
2-Ethoxyethanol
1 10-80-5
Ethyl acrylate
140-88-5
Ethylbenzene
100-41--4
Ethyl chloroformate
541-41-3
Ethyl dipropylthiocarbamate [EPIC]
759-94 4
Ethylene
74-85-1
Ethylene glycol
107--21-1
Ethyleneimine(Aziridine)
151-56-4
Ethylene oxide
75-21-8
Ethylene thiourea
96-45-7
Chemical dame
CAS No.
Ethylidene dichloride
75-34-3
Famphur
52-85-7
Fenarimol [.alpha.-(2-Chlorophenyl)-.alpha.-4-chlorophenyi)-5-pyrimidinemethanol]
60168-88-9
Fenbutatin oxide (Hexakis(2-methyl-2-phenyl-propy l)distannoxane)
13356-08-6
Fenoxaprop ethyl[2-(4-((6-Chloro-2-benzoxazolylen)oxy)phenoxy)propanoic
acid,ethyl ester]
66441-23-4
Fenoxycarb[2-(4-Phenoxyphenoxy)ethyl]carbamic acid ethyl ester]
72490-01-8
Fenpropathrin[2,2,3,3-Tetramethylcyclopropane carboxylic acid cyano(3-phenoxy-
phenyl)methyl ester]
39515-41-8
Fenthion [O,O-Dimethyl 0-[3-methyl-4-(methylthio)phenyl] ester, phosphorothioic
acid]
55-38-9
Fenvalerate [4-Chloro-alpha-(1-methyl ethyl) ben zeneacetic acid cyano(3-
ph enoxyphenyl)m ethyl ester]
51630-58-1
Ferbam [Tris(dimethyl carbamo-dithioato-S,S')iron]
14484-04-1
Fluazifop-butyl[2-[4-[[5-(Trfluoromethyl)-2-pyridinyl]oxy]-phenoxy]propanoic
acid, butyl ester]
69806-50-4
Fluorine
7782-41-4
Fluorouracil (5-Fluorouracil)
51-21-8
Fluvalinate [N-[2-Chloro-4-(trifluoromethyl)phenyl]-DL-valine(+)-cyano (3-
phe noxyphenyl)m ethyl ester]
69409-94-5
Folpet
133-07-3
Fomesafen [5-(2-Chloro-4-(trifluoromethyl)phenoxy)-N-methylsulfonyl)-2-
nitrobenzamide]
72178-02-0
Fiuometuron [Urea, N,N-dimethyl-N'-[3-(trifluoromethyl)phenyl]-I
2164-17-2
Formaldehyde
50-00-0
Formic acid _ _ . _
64-18--6
Freon 113 [Ethane. 1,1,2-trichloro-1,2,2-trifluoro-]
76-13-1
Heptachlor[1,4,5,6,7,8,8-Heptachloro-3a,4,7,7a-tetrahydro-4,7-methano-lH-indene]
76--44-8
Hexachlorobenzene
118-74-1
Hexachloro-1,3-butadiene
87-68-3
alpha-Hexachlorocyciohexane
319-84-6
HexachlorocyclopenEadiene
77-47-4
Hexachloroethane
67-72-1
Hexachloronaphthalene
1335-87-1
Hexachlorophene
70-30-4
Hexamethylphosphoramide
680-31-9
n-Hexane
110-54-3
Hexazinone
51235-04-2
Hydramethylnon [Tetrahydro-5,5-dimethyl-2(1H)-pyrimidinone[3-[4-
(trifluoromethyl)phenyl]-]-[2-[4-(trifluoromethyl)phenyl]ethenyl]-2-
propenylidene]hydrazone]
67485-29-4
Hydrazine
302-01-2
Hydrazine sulfate
10034-93-2
Chemical Name
CAS No.
Hydrochloric acid (acid aerosols including mists, vapors, gas, fog, and other airborne
forms of any panicle size)
7647-01-0
Hydrogen cyanide
74-90-8
Hydrogen fluoride
7664-39-3
Hydrogen sulfide
7783-06-4
Hydroquinone
123-31-9
Imazalil [1-[2-(2,4-Dichlorophenyl)-2-(2-propenyloxy)ethyl]-1H-imidazole]
35554-44-0
3-lodo-2-propynyi butylearbamate
55406-53-6
Iron pentacarbonyl
13463-40-6
Isobutyraldehyde
78-84-2
Isodrin
465-73-6
Isofenpbos [2-[[Ethoxyl[(1-methylethyl)amino]phosphinothioyl]oxylbenzoic acid 1-
methylethyl ester]
25311-71-1
Isopropyl alcohol (Only persons who manufacture by the strong acid process are
subject, no supplier notifiction.)
67-63-0
4,4'-Isopropylidenediphenol
80-05-7
Isosafrole
120-58-1
Lactofen[5-(2-Chloro-4-(trifluoromethyl)phenoxy)-2-nitro-2-ethoxy-l- methyl-2-
oxoethyl ester]
77501-63-4
Lead
7439-92-1
Lindane [Cyclohexane, 1,2,3,4,5,6-hexachloro-
(l .alpha.,2.alpha.,3.beta.,4.alpha.,5.alpha.,6.beta.)-]
58-89-9
Linuron
330-55-2
Lithium carbonate
554-13-2
Mal athion
121-75-5
Maleic anhydride
108-31-6
r^.alone^itr'rle.. _ —__ _ — :_.
149---77-3
Maneb [Carbamodithioic acid, 1,2-ethanediylbis-, manganese complex]
12427-38-2 — -
Manganese
7439-96-5
Mecoprop
93-65-2
2-Mercaptobenzothiazole (MBT)
149--30-4
Mercury
7439-97-6
Merphos
150-50-5
Metham sodium (Sodium methyldithiocarbamale)
137-42-8
Methacrylonitrile
126-98-7
Methanol
67-56-1
Methazole [2-(3,4-Dichlorophenyl)-4-methyl -1,2,4-oxadiazolid ine-3,5-dionel
20354-26-1
Methiocarb
2032-65-7
Methoxone (4-Chloro-2-methylphenoxy) acetic acid (MCPA))
94-74-6
Methoxone-sodium salt ((4-chloro-2-methyl phenoxy) acetate sodium salt)
3653-48-3
Methoxychlor [Benzene,1,1'-(2,2,2-trichloroethylidene)bis[4-methoxy-I
72-43-5
2-Methoxyethanol
109-86-4
Methyl isothiocyanate [Is othiocyanatomethane]
556-61-6
2-Methyl lactonitrile
75-86-5
Methyl acrylate
96-33-3
Chemical Name
CAS No.
Methyl tert-butyl ether
1634A4--4
Methyl chlorocarbonate
79-22-1
4,4'-Methylenebis(2-chloroaniline) (MBOCA)
101-14-4
4,4'-Methyl enebis(N,N-dimethyl) benzenamine
101-61-1
Methyl enebis(phenylisocyanate) (MDI)
101-68-8
Methylene bromide
74--95-3
4,4'-Methylenedianiline
101-77-9
Methyl ethyl ketone
78-93-3
Methyl hydrazine
60-34-4
Methyl iodide
74-88-4
Methyl isobutyl ketone
108-10-1
Methyl isocyanate
624-83-9
Methyl mercaptan
74-93-1
Methyl methacrylate
80-62--6
N-Methylolacrylamide
924- 42-5
Methyl parathion
298-00-0
N-Methyl-2-pyrrolidone
872-50-4
2-Methylpyridine
109-06-8
Metiram
9006-42-2
Metribuzin
21087-64-9
Mevinphos
7786-34-7
Michler's ketone
90-94-8
Molinate (1H-Azepine-l-carbothioic acid, hexahydro-5-ethyl ester)
2212-67-1
Molybdenum trioxide
1313-27-5
(Mon o)chloropentaf]uoroethane (CFC-115)
76-15-3
Monuron
150-68-5
-Mustard•gas- [Ethane;4-,1'-thmbis[2-chloro-] — - --- - - -
505--60-2 ...... _-_.__.. ..- _._.:......_
Myclobutanil [.alpha.-Butyl-.alpha.-(4-chlorophenyl)-1H-1,2,4-triazole-l-
propanenitrile]
88671-89- 0
Nabam
142-59-6
Naled
300-76-5
Naphthalene
91-20-3
alpha-Naphthylamine
134-32-7
beta-Naphthylamine
91-59-8
Nickel
7440-02-0
Nitrapyrin (2-Chloro-6-(trichloromethyl) pyridine)
1929-82-4
Nitric acid
7697-37-2
Nitrilotriacetic acid
139-13-9
5-Nitro-o-anisidine
99-59-2
5-Nitro-o-tolu id ine
99-5 5-8
p-Nitroaniline
100-01-6
Nitrobenzene
98-95-3
4-Nitrobiphenyl
92-93-3
Nitrofen [Benzene, 2,4-dichloro-l-(4-nitrophenoxy)-]
1836-75-5
Nitrogen mustard [2-Chloro-N-(2-chloroethyl)-N-methyl ethanamine]
51-75-2
Chemical Name
CAS No.
Nitroglycerin
5543-0
2-Nitrophenol
88-75-5
4-Nitrophenol
100-02-7
2-Nitropropane
79-46-9
p-Nitrosodiphenylamine
156-10-5
N,N-Dimethylaniline
121-69-7
N-Nitrosodi-n-butylamine
924-16-3
N-Nitrosodiethylam ine
55-18-5
N-Nitrosodimetnylamine
62-75-9 -
N-Nitrosodiphenylamine
86-30-6
N-Ni trosod i-n-p ropy lam ine
621-64--7
N-Nitrosomethylvinylamine
4549-404
N-Nitrosomorpholine
59-89-2
N-Nitroso-NI-ethylurea
759-73-9
N-Nitroso-N-methylurea
684-93-5
N-Nitrosonamicotine
16543-55-8
N-Nitrosopiperidine
100-75-4
Norflurazon [4-Chloro-5-(methyl amino)-2-[3-(trifluoromethyl)pheny11-3(2H)-
pyridazinone]
27314-13-2
Octachloronaphthalene
2234-13-1
Octachlorostyrene
29082-74-4
Oryzalin[4-(Dipropylam ino)-3,5-din itrobenzenesul€onamide]
19044-88-3
Osmium tetroxide
20816-12-0
Oxydemeton methyl [S-(2-(ethylsulfinyl)ethyl) o,o-dimethyl ester phosphorothioic
acid]
301-12-2
Oxydiazon [3-[2,4-Dichloro-5-(I-methylethoxy)phenyl]-5-(1,1-dim ethyl ethyl)-1,3,4-
19666-30-9
Oxyfluorfen
42874-03-3 -
Ozone
10028-15-6
Paraldehyde
123-63-7
Paraquat dichloride
1910-42-5
Parathion [Phosphorothioic acid, O,O-diethyl -O-(4-nitro phenyl) ester]
56-38-2
Pebulate [Butylethylcarbamothioic acid S-propyl ester]
1114-71-2
Pendimethalin [N-(1-Ethylpropyl)-3,4-dimethyl-2,6-dinitrobenzenamine]
40487-42-1
Pentachlorobenzene
00608-93-5
Pentachloroethane
76-01-7
Pentachlorophenol (PCP)
87-86-5
Pentobarbital sodium
57-33-0
Peracetic acid
79-21-0
Perchloromethyl mercaptan
594-42-3
Permethrin[3-(2,2-Dichloroethenyl)-2,2-dimethylcyclopropanecarboxylic acid, (3-
phenoxyphenyl)methyl ester]
52645-53-1
Phenanthrene
85-01-8
Phenol
108-95-2
Chemical Name
CAS No.
Phenothrin [2,2-Dimethyl-3-(2-methyl-1-prop enyl)cyclopropanecarboxylic acid (3-
phenoxyphenyl)methyl ester]
26002-80-2
p-Phenylenediamine
106-50-3
1,2-Phenylenediamine
95-54-5
1,3-Phenylenediamine
10"5-2
1,2-Phenylenediamine dihydrochloride
615-28-1
1,4-Phenylenediamine dihydrochloride
624-18-0
2-Phenylphenol
90-43-7
Phenytoin
57-41-0
Phosgene
75-44-5
Phosphine
7803-51-2
Phosphorus (yellow or white)
7723-14-0
Phthalic anhydride
85-44-9
Picloram
1918-02-1
Picric acid
88-89-1
Piperonyl butoxide
51-03-6
Pirimiphos methyl [O-(2-(Diethy]am ino)-6-methyl-4-pyrim idinyl)-O,O-
dimethylphosphorothioate]
29232-93-7
Polychlorinated biphenyls (PCBs)
1336-36-3
Potassium bromate
7758-01-2
Potassium dimethyldithiocarhamate
128-034
Potassium N-methyldithiocarbamate
137-41-7
Profenofos [O-(4-Bromo-2-chlorophenyl)-O-ethyl-S-propy l phosphorothioate]
4119848-7
Prometryn[N,N'-Bis(1-methylethy1)-6-methyl thio-1,3.5-triazine-2,4- diamine]
7287-19-6
Pronamide
23950--58-5
Propachlor [2-Chloro-N-(]-methylethyl)-N-phenylacetamide]
1918-16-7
Propane sultone- :__ � _ ... _ ._ .._ .. _.__.._._._.._.....__...._ _....__ ._._._......_ ___.._ _
_1120-71--4. _ _._.... _. _ ..-.._._�.._._.
Propanil[N-(3,4-Dichlorophenyl)propanamide]
709-98-8
Propargite
2312-35-8
Propargyl alcohol
107-19-7
Propetamphos [3-[[(Ethylamino)methoxyphosphinothioyl]oxy]-2-butenoic acid, 1-
methylethyl ester]
31218-83-
Propiconazole [1-[2-(2,4-Dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]- methyl-IH-
1,2,4,-triazole]
60207-90-1
beta-Propiolactone
57-57-8
Propionaldehyde
123-38-6
Propoxur [Phenol, 2-( 1 -m ethyl ethoxy)-, methylcarbamate]
114-26-1
Propylene (Propene)
115-07-1
Propyleneimine
75-55-8
Propylene oxide
75-56-9
Pyridine
110-86-1
Quinoline
91-22-5
Quinone
106-51-4
Quintozene [Pentachloronitrobenzene]
82-68-8
Chemical name
CAS No.
Quizalofop-ethyl [2-[4-[(6-Chloro-2-quinoxalinyl)oxy]phenoxy]propanoic acid ethyl
ester]
76578-14-8
Resmethrin[[5-(Phenylmethyl)-3-furanyl]methyl 2,2-dimethyl-3-(2-methyl-l-
propenyl)cyclopropanecarboxylate]]
10453-86-8
Saccharin (only persons who manufacture are subject, no supplier notification) [1,2-
$enzisothiazol-3(2H)-one,1,1-dioxide]
81-07-2
Safrole
94-59-7
Selenium
7782-49-2
Sethoxydim [2-[I-(Ethoxyimino)butyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-
cyclohexen-l -one]
74051-80-2
Silver
7440-22-4
Si mazi ne
122-34-9
Sodium azide
26628-22-8
Sodium dicamba [3,6-Dichloro-2-methoxybenzoic acid, sodium salt]
1982-69-0
Sodium dimethyldithiocarbamate
128-04-1
Sodium fluoroacetate
62-74-8
Sodium nitrite
7632-00-0
Sodium pentachlorophenate
131-52-2
Sodium o-pherylphenoxide
132-27-4
Styrene
100-42-5
Styrene oxide
96-09-3
Sulfuric acid (acid aerosols including mists, vapors, gas, fog, and other airborne
forms of any particle size)
7664-93-9
Sulfuryl fluoride [Vikane]
2699-79-8
Sulprofos [O-Ethyl 0-[4-(methylthio)phenyl]phosphorodithioic acid S-propyl ester]
35400-43-2
-Tebuthiuron- , - 5- 1 1-Dimeth ylath:
34014--18_1_-,.---.....--•----_�-......
Temephos
3383-96-8
Terbacil [5-Chloro-3-(1,1-dimethylethyl)-6-methyl-2,4(IH,3H)-pyrimidinedione]
5902-51-2
Tetrabromobisphenol A
00079-94-7
1, 1, 1,2-Tetrachloroethane
630-20-6
1,1,2,2-Tetrachloroethane
79-34-5
Tetrachloroethylene (Perch loro ethylene)
127-18-4
1,1,1,2-Tetrachioro-2-fluoroethane (HCFC-121a)
354-11-0
1,1,2,2-,retrachloro-l-fluoroethane (HCFC-121)
354--14-3
Tetrachlorvinphos [Phosphoric acid, 2-chloro-l-(2,4,5-trichlorophenyl)ethenyl
dimethyl ester]
961-11-5
Tetracycline hydrochloride
64-75-5
Tetramethrin [2,2-Dimethyl-3-(2-methyl-l-propenyl)cycloprop anecarboxylic acid
(i,3,4,5,6,7-hexahydro-1,3-dioxo-2H-isoindol-2-yl)methyl ester]
7696-12-0
Thallium
7440-28-0
Thiabendazole [2-(4-Thiazolyl)-1H-benzimidazole]
148-79-8
Thioacetamide
62-55-5
Thiobencarb [Carbamic acid, diethylthio-, s-(p-chlorobenzyl)]
28249-77-6
Chemical ,Name
CAS No.
4,4'-Thiodianiline
139-65-1
Thiodicarb
59669-26-0
Thiophanate ethyl[[1,2-Phenylenebis(iminocarbonothioyl)]biscarbamic acid diethyl
ester]
23564-06-9
Thiophanate-methyl
23564-05-8
Thiosemicarbazide
79-19-6
Thiourea
62-56-6
Th i ram
13 7-26-8
Thorium dioxide
1314-20-1
Titanium tetrachloride
7550-45-0
Toluene
108-88-3
Toluene-2,4-diisocyanate
584-84-9
Toluene-2,6-diisocyanate
91-08-7
Toluenediisocyanate (mixed isomers)
26471-62-5
o-Toluidine
95-53-4
o-Toluidine hydrochloride
636-21-5
Toxaphene
8001-35-2
Triadimefon[]-(4-Chlorophenoxy)-3,3-dimethyl-l-(1H-1,2,4-triazol-1-yl)-2-
butanone]
43121-43--3
Triallate
2303-17-5
Triaziquone [2,5-Cyclohexadiene-1,4-dione,2,3,5-tris(1-azirid iny1)-]
68-76-8
Tribenuron methyl [2-(((((4-Methoxy-6-methyl-1,3,5-triazin-2-yl)-
methylamino)carbonyl)amino)sulfonyl)-, methyl ester]
101200-48-0
Tributyltin fluoride
1983-10-4
Tributyltin methacrylate
2155-70-6
S,S,S-TributyItrithiophosphate (DEF)
78-48-8
Trichlorfon [Ehiisphonic:acid, (2,2,2-Crlcl'l^ro'1-hyr4v� eikyl)- di!aetl )'l.52-68-6
-..- .. . -..
Trichloroacetyl chloride
76-02-8
1,2,4-Trichlorobenzene
120-82-1
1,1,1-Trichloroethane (Methyl chloroform)
71-55-6
1,1,2-Trichloroethane
79-00-5
Trichloroethylene
79-01-6
Trichlorofluoromethane (CFC-11)
75-69-4
2,4,5-Trichlorophenol
95-95-4
2,4,6-Trichlorophenol
88-06-2
1,2,3-Trichloropropane
96-18-4
Triclopyr, triethylammonium salt
57213-69-1
Triethyl am ine
121-44-8
Triforine [N,N'-[1,4-Piperazinediyl-bis(2,2,2-trichloroethylidene)] bisformamide]
26644--46-2
Trifluralin [Senzeneamine, 2,6-din itro-N,N-dipropy l-4-(trifluoromethyI)-1]
1582-09-8
1,2,4-Trimethylbenzene
95-63-6
2,3,5-Trimethylphenyl methylcarbamate
2655-15-4
Triphenyltin chloride
639-58-7
Chemical Name
CAS No.
Triphenyltin hydroxide
76-87-9
Tris(2,3-dibromopropyl) phosphate
126-72-7
Trypan blue
72-57-1
Urethane (Ethyl carbamate)
51-79-6
Vanadium (except when contained in an alloy)
744042-2
Vinclozolin[3-(3,5-Dichlorophenyl)-5-ethenyl-5-methyl-2,4- oxazolidinedione]
50471-44-8
Vinyl acetate
108-05-4
Vinyl bromide
593-60-2
Vinyl chloride
75-01--4
Vinylidene chloride
75-35-4
Xylene (mixed isomers)
1330-20-7
m-Xylene
108-38-3
o-Xylene
95-47--6
p-Xylene
106-42-3
2,6-Xylidine
87-62-7
Zinc (fume or dust)
7440-66-6
Zineb [Carbamodithioic acid, 1,2-ethanediyIbis-, zinc complex]
12122-67-7
*Note: Ammonium nitrate (solution) is removed from this listing-, the removal is
effective July 2, 1995, for the 1993 reporting year.
>-
3
*Note: The listing of 2,2-dibromo-3-nitrilopropionamide (DBNPA)(CAS No.
10222-01-2) is stayed. The stay will remain in effect until further administrative
action is taken.
_: _ G
10
..uTF.evsrc.ar¢o
U5- GU�/ERNMENT
INFORMATION
GPO
§ 113.3
40 CFR Ch. 1 (7-1-11 Edition)
of the owner or operator and the facil-
§ 113.4 Size classes and associated li-
ity will be limited to the amounts spec-
ability limits for fixed onshore oil
ified in §113.9.
storage facilities, 1,000 barrels or
less capacity.
6113.3 Definitions.
Unless the United States can show
As used in this subpart, the following
that oil was discharged as a result of
terms shall have the meanings indi-
willful negligence or willful mis-
cated below:
conduct within the privity and knowl-
(a) Aboveground storage facility
edge of the owner or operator, the fol-
means a tank or other container, the
lowing limits of liability are estab-
bottom of which is on a plane not more
lished for fixed onshore facilities in the
than 6 inches below the surrounding
classes specified: .
surface.
(a) Aboveground storage.
(b) Act means the Federal Water Pol-
Capacity (bar- Limit
lution Control Act, as amended, 33
size class rels) (dollars)
U.S.C. 1151, et seq.
c Barrel means 42 United States al-
I .................................................... up o to .-...... 0,000
lons at 60 degrees Fahrenheit.
III .................................................. 17110 soo ..-.. 150,10oo
(d) Belowground storage facility
1v.................................................. sat to t,000 .. 200,000
means a tank or other container lo-
cated other than as defined as "Above-
(b) Belowground storage.
ground''.
(e) Discharge includes, but is not lim-
Capac-
Size class -ls (bar- Limit
_ rels) (dollars)
ited to any spilling. leaking. pumping,
1
pouring, emitting, emptying or dump-
11.................................................. .1 to no ....... 75,000
ing.
III .................................................. 171 is 506..... 195.000
(f) Onshore Oil Storage Facility means
Iv .................................................. 501 to 1,000.. 260,000
any facility (excluding motor vehicles
and rolling stock) of any kind located
§ 113.5 Exclusions.
in. on, or under, -any land within the
This subpart does not apply to:-
-ted--States.-other--than submerged
Those fac3lities -whose'average
]and.
daily oil throughout is more than their
(g) On -Scene Coordinator is the single
fixed oil storage capacity.
Federal representative designated pur-
(b) Vehicles and rolling stock.
suant to the National Oil and Haz-
ardous Substances Pollution Contin-
§ 113.6 Effect on other laws.
gency Plan and identified in approved
Nothing herein shall be construed to
Regional Oil and Hazardous Substances
limit the liability of any facility under
Pollution Contingency Plans.
State or local law or under any Federal
(h) Oil means oil of any kind or in
law other than section 311 of the Act,
any form, including but not limited to,
nor shall the liability of any facility
petroleum. fuel oil. sludge, oil refuse.
for any charges or damages under
and oil mixed with wastes other than
State or local law reduce its liability
dredged spoil.
to the Federal Government under sec-
(i) Remove or removal means the re-
Lion 311 of the Act, as limited by this
moval of the oil from the water and
subpart.
shorelines or the taking of such other
actions as the Federal On -Scene Coor-
PART 116—DESIGNATION OF
dinator may determine to be necessary
HAZARDOUS SUBSTANCES
to minimize or mitigate damage to the
public health or welfare, including but
not limited to, fish, shellfish, wildlife,
Sec.
116.1 Applicability.
and public and private property, shore-
ll6.2 Abbreviations.
lines, and beaches.
116.3 Definitions.
Additionally, the terms not otherwise
ill Designation of hazardous substances.
defined herein shall have the meanings
A=oRrry: Secs. 311(b)(2)(A) and 501(a),
assigned them by section 311(a) of the
Federal Water Pollution Control Act (33
Act.
U.S.C. 1251 et seq.).
134
`�
Environmental Protection Agency § 116.3
§ 116.1 Applicability.
and reviewed and made a part of the
This regulation designates hazardous
public record with respect to a permit
substances under section 311(b)(2)(A) of
issued or modified under section 402 of
the Federal Water Pollution Control
this Act, and subject to a condition in
Act (the Act). The regulation applies to
such permit, and (C) continuous or an -
discharges of substances designated in
ticipated intermittent discharges from
Table 116.4.
a point source. identified in a permit or
permit application under section 402 of
[43 FR 10474, Mar. 13, 1978]
this Act. which are caused by events
occurring within the scope of relevant
§ 116.2 Abbreviations.
operating or treatment systems;
ppm=parts per million
LC50 means that concentration of
mg=milligram(s)
material which is lethal to one-half of
kg=kilogram(s)
the test population of aquatic animals
mg/l=rnilligrams(s) per liter= (approx.) ppm
upon continuous exposure for 96 hours
mglkg=milligram(s) per kilogram= (approx.)
or less.
ppm
Mixture means any combination of
[43 FR 10474, Mar. 13, 1978]
two or more elements and/or com-
pounds in solid, liquid, or gaseous form
except where such substances have on -
As used in this part, all terms shall
dergone a chemical reaction so as to
have the meaning defined in the Act
become inseparable by physical means.
and as given below:
Navigable waters is defined in section
The Act means the Federal Water
502(7) of the Act to mean "waters of the
Pollution Control Act, as amended by
United States. including the territorial
the Federal Water Pollution Control
seas," and includes, but is not limited
Act Amendments of 1972 (Pub. L. 92-
to:
500), and as further amended by the
(1) All waters which are presently
Clean Water Act of 1977 (Pub. L. 95—
used, or were used in the past. or may
217), 33 U.S.C. 1251 et seq.; and as fur-
be susceptible to use as a means to
ther amended by the Clean Water Act
transport interstate or foreign com-
"� Amendments of I978-(Pub.'L-95L6'76)-,"-"'-'-'-rEdr—de:-iiidiuc3ing`all'waters-which
"are --
Animals means appropriately sen-
subject to the ebb and flow of the tide,
sitive animals which carry out respira-
and including adjacent wetlands: the
tion by means of a lung structure per-
term wetlands as used in this regula-
mitting gaseous exchange between air
tion shall include those areas that are
and the circulatory system;
inundated or saturated by surface or
Aquatic animals means appropriately
ground water at a frequency and Jura -
sensitive wholly aquatic animals which
tion sufficient to support, and that
carry out respiration by means of a gill
under normal circumstances do sup -
structure permitting gaseous exchange
port, a prevelance of vegetation typi-
between the water and the circulatory
tally adapted for life in saturated soil
system;
conditions. Wetlands generally include
Aquatic flora means plant life associ-
swamps, marshes, bogs and similar
ated with the aquatic eco-system in-
areas; the term adjacent means bor-
eluding, but not limited to, algae and
dering, contiguous or neighboring;
higher plants;
(2) Tributaries of navigable waters of
Contiguous zone means the entire
the United States, including adjacent
zone established or to be established by
wetlands;
the United States under article 24 of
(3) Interstate waters, including wet -
the Convention of the Territorial Sea
lands; and
and the Contiguous Zone:
(4) All other waters of the United
Discharge includes, but is not limited
States such as intrastate lakes. rivers,
to, any spilling, leaking, pumping.
streams, mudflats, sandflats and wet -
pouring, emitting, emptying or dump-
lands. the use, degradation or destruc-
ing, but excludes (A) discharges in
tion of which affect interstate com-
compliance with a permit under sec-
merce including, but not limited to:
tion 402 of this Act. (B) discharges re-
(i) Intrastate lakes, rivers, streams,
sulting from circumstances identified
and wetlands which are utilized by
135
r.
§ 116.4
interstate travelers for recreational or
other purposes; and
(ii) Intrastate lakes, rivers, streams,
and wetlands from which fish or shell-
fish are or could be taken and sold in
interstate commerce; and
(III) Intrastate lakes, rivers, streams,
and wetlands which are utilized for in-
dustrial purposes by industries in
interstate commerce.
Navigable waters do not include prior
converted cropland. Notwithstanding
the determination of an area's status
as prior converted cropland by any
other federal agency, for the purposes
of the Clean Water Act, the final au-
thority regarding Clean Water Act ju-
risdiction remains with EPA.
Offshore facility means any facility of
any kind located in, on, or under, any
of the navigable waters of the United
States. and any facility of any kind
which is subject to the jurisdiction of
the United States and is located in, on,
or under any other waters, other than
a vessel or a public vessel:
Onshore facility means any facility
(including, but not limited to, motor
vehicles and rolling stock) of any kind
located in, on, or under. any land with-
_in-the-United_.States--other-.than_ sub-
merged land;
Otherwise subject to the jurisdiction of
the United States means subject to the
jurisdiction of the United States by
virtue of United States citizenship,
United States vessel documentation or
numbering. or as provided for by inter-
national agreement to which the
United States is a party.
A discharge in connection with activi-
ties under the Outer Continental Shelf
Lands Act or the Deepwater Port Act of
1974, or which may affect natural re-
sources belonging to, appertaining to, Or
under the exclusive management author-
ity of the United States (including re-
sources under the Fishery/ Conservation
and Management Act of 1976), means: (1)
A discharge into any waters beyond the
contiguous zone from any vessel or on-
40 CFR Ch. 1 (7-1-11 Edition)
shore or offshore facility, which vessel
or facility is subject to or is engaged in
activities under the Outer Continental
Shelf Lands Act or the Deepwater Port
Act of 1974, and (2) any discharge into
any waters beyond the contiguous zone
which contain, cover, or support any
natural resource belonging to, apper-
taining to, or under the exclusive man-
agement authority of the United
States (including resources under the
Fishery Conservation and Management
Act of 1976),
Public vessel means a vessel owned or
bareboat-chartered and operated by the
United States, or a State or political
subdivision thereof, or by a foreign na-
tion, except when such vessel is en-
gaged in commerce.
Territorial seas means the belt of the
seas measured from the line of ordi-
nary low water along that portion of
the coast which is in direct contact
with the open sea and the line marking
the seaward limit of inland waters, and
extending seaward a distance of 3
miles.
Vessel means every description of
watercraft or other artificial contriv-
ance used, or capable of being used, as
a means of transportation on water
other Chan a public vessel;
L43 FR 10474, Mar. 13. 1978: 43 FR 27533, June
26, 1978. as amended at 44 FR 10266, Feb. 16,
1979; 58 FR 45039, Aug. 25, 1993]
§ 116.4 Designation of hazardous sub-
stances.
The elements and compounds appear-
ing in Tables 116.4 A and B are des-
ignated as hazardous substances in ac-
cordance with section 311(b)(2)(A) of
the Act. This designation includes any
isomers and hydrates, as well as any
solutions and mixtures containing
these substances. Synonyms and Chem-
ical Abstract System (CAS) numbers
have been added for convenience of the
user only. In case of any disparity the
common names shall be considered the
designated substance.
TABLE 116AA—LIST OF HAZARDOUS SUBSTANCES
Common name CAS No. ISynonyms isomers I CAS No.
Acetaldehyde .................................. 75070 Einanal, ethyl aldehyde. acetic aldehyde.
Acetic acid ....................................... 64197 Glacial acetic acid, vinegar acid -
Acetic anhydride ............................. 108247 Acetic oxide, acetyl oxide.
Acetone cyanohydrin ...................... 75865 2-methyllaclonitnle, alpha-
h y d roxy iso b u ty ro n i t ri I e.
136
•
Environmental Protecti,
TABLE 111
Common name
Acetyl bromide ................................
Acetyl chloride .................................
ACrolein...........................................
Acrylonktrile......................................
Adipic acid .......................................
Aldtin...............................................
Allyl alcohol .....................................
AIM chloritle....................................
Aluminum sulfate ............................
Ammonia.........................................
Ammonium acetate .........................
Ammonium benzoate ......................
Ammonium bicarbonate ..................
Ammonium bichromate ...................
Ammonium difluoride ......................
Ammonium bisulfite .—
Ammonium carbamate ....................
Ammonium Carbonate .....................
Ammonium chloride ........................
Ammonium chromate ......................
Ammonium Citrate dibasic ...............
Ammonium fluoborate .....................
Ammonium fluoride .........................
Ammonium hydroxide .....................
Ammonium oxalate .........................
Ammonium Silicefluodde .................
Ammonium-sulfaroale
Ammonium sulfide ..........................
Ammonium sulfite
Ammonium tartrate .....
Ammonium IhioCyanate
Amly acetate ...............
Aniline .............
Antimony pentaohloride ,,,.,_...... ...,•.
Antimony potassium tartrate ...........
Antimony tribromide
Antimony trichloride ........................
Antimony trilluaride .........................
Antimony trioxide ............................
Arsenic disulfide ..................... ........
Arsenic pentoxide ....... _..................
Arsenic trichlonde
Arsenic trioxide .............
Arsenic thsullide ............
Barium cyanide .............
Benzene ........................
Benzoic acid ..................
Benzonitrile.....................................
Benzoyl chloride ..............................
Benzyl Chloride ................................
Beryllium chloride ............................
Beryllium fluonde ............................
Beryllium nitrate ..............................
:)n Agen
i.4A—LEST
CAS No.
506967
79367
10702E
107131
124049
309002
107186
107051
10043013
7664417
631618
1B63634
1066337
7789095
1341497
10192300
1111780
506876
12125029
7781
3012355
13026830
12125018
1336216
6DO9707
5972736
14258492
- 16919190
---•7r73nsa
12135761
10196040
1019230D
3164792
1430743E
1762954
628637
62533
7647189
28300745
7789619
10025919
7783564
1309644
1303325
1303252
7784341
1327533
1303339
542621
71432
65850
100470
98ee4
100447
7787475
7757497
7767555
Cy
i HAZARI]pU$ SUBSTANCES—Contir
Synonyms
2-propenal, aCry9C aldehyde, acrylaldehyde,
acraldehytle.
Cyanoethylene, Fumigrain, Ventox,
propeneitnle, vinyl cyanide.
Hexanediolc acid.
Octalene, Hi
2-propen-l-ol• 1-propencl-3, vinyl carbinol.
3-chloropropene, 3-Chlaropropylene.
Chlorallyfene.
Alum.
Acehc acid ammonium, salt
Acid ammonium carbonate, ammonium hydro
grin carbonate.
Acid ammonium fluoride, ammonium hydrogen
fluoride.
Ammonium aminpformate
Ammonium munate, sal ammoniac, salmiac,
Arro lor.
aiammonium Citrate, citric acid diammonium
salt.
Ammonium flucroborate. ammonium
boro£luoride.
Neutral ammonium fluoride.
Ammonium fluosilioale.
-Ammate; AM3-ammoniufn-amidosu1fate. -
Tartaric acid ammonium salt.
Ammonium rhodanide. ammonium
sulfacyanate, ammonium sulfocyanide.
Amylacetic ester ................................................
Pearoil..............................................................
Bananaoil .........................................................
Aniline oil, phenylamine, aminobenzene,
aminophen. •syanol.
Tartar emetic, tanrated antimony. tartanzed
antimony, potassium antimonyltartrate.
Butter of antimony.
Antimony fluoride.
Diantimony trioxide, flowers of antimony.
Red arsenic sulfide.
Arsenic acid anhydride, arsenic oxide.
Arsenic chloride. arsenious chloride, arsenous
chloride, butter of arsenic.
Arsenious acid, arsenious oxide, white arsenic.
Arsenious sulfide, yellow arsenic sulfide.
Cyclohexatriene. benzol.
Benzenecarboxylic acid, phenylformic acid,
dracylic acid,
Phenyl cyanide, cyanobenzene.
Benzenecarbanyl chloride.
137
i
Isomers
§ 116.4
CA$ No.
123922
626380
625161
;k
§ 116.4
40 CFR Ch. 1 (7-1-11 Edition)
TABLE 116AA—LIST OF HAZARDOUS SUBSTANCES —Continued
Common name I CAS No, I Synonyms Isomers CAS No.
Butyl acetate
13597994
................... 123664 Acetic acid buryl ester ....................................... iso• ............... 110190
Buiylamine......................................
nlbutyl phthalate
Butyric acid .....................................
Cadmium acetate ............................
Cadmium bromide ...........................
Cadmium chloride ...........................
Calcium arsenate ............................
Calcium arsenite .............................
Calcium carbide ..............................
Calcium chromate ...........................
Calcium cyanide ..............................
Calcium dodecylbenzenesulfonate
Calcium hypachlonte .......................
Cal.............................................
Cal...........................................
Carbcfuran......................................
Garbon disulfide ..............................
Carbon tetrachloride .......................
Chlortlane........................................
Chlorine...........................................
Chldrobenzene................................
Chlorofomi.......................................
Chlorpyrilos.....................................
Chloresulfonic acid ..........................
Chromic acetate ..............................
Chromic acid ...................................
Chromic sulfate ...............................
�...�..�.-.�
Cobaltous bromide ..........................
Coal tormata .........................
Cobaltdrl5 sulfamate .......................
Coumaphos.....................................
Cresol..............................................
Crotonaldehyde ..............................
Cupric acetate ................................
Cupricacetoarsenre ......................
Cupric chloride ...............................
Cupric nitrate ..................................
Cupric oxalale................................
Cupric sulfate .................................
Cupric sulfate, ammoniated ...._.....
Cupric lartrate................................
Cyanogen chloride .........................
Cycichexane..................................
2,4-D acid ........................................
2,4-D ester ......................................
DDT.................................................
Diazinon..........................................
Dicamba..........................................
Dichlebenii.......................................
109739
54742
107926
543908
7789426
10108642
7776441
52740166
75207
13765190
592016
26264062
7776543
133062
63252
1563662
75150
56235
57745
75003
108907
67663
2921882
7790945
1066304
11115745
10101538
1Op69055
7789437
544183
14017415
56724
1319773
417D303
142712
1zoo2o36
7447394
325123E
5893663
7758987
10380297
515827
506774
110827
94757
94111
94791
94604
13201B9
1928387
1929616
1929733
2971382
251ES267
534671 11
50293
333415
1918D09
1144656
1-aminobutane..................................................
1.2-denzenedicarbdxylic acid, dibutyl ester,
dibutyl phthalate.
Butanoic acid, elhylacetic acid .........................
TriCalcium erthoarsenate.
Carbide, acetylenogen.
Calcium chrome yellow, gal yellow ultra-
marine.
Orthocide-405. Si vancide-89.
Sevin.
Furadan.
Carbon bisulfide, dithiocarbonic anhydride,
Tetrachloromeithenc Perchlommothane.
TDxichlor, chldrdan.
Mdnochlorehenzene, benzene chloride
Trichloromethane.
Dursban.
Sulfuric chlorohydrin.
Chromic anhydride, chromium trioxide.
Cobalt bromide.
Cobalt formate.
Cobalt sulfamate.
(Co-Ral.
Cresylic acid ......................................................
Hydroxyloluene.................................................
2-butenal propylene aldelhyde.
Capper acetate, crystalized verdigris,
Capper acelearsenite, copper acetate arsenite,
Pans green.
Capper chloride.
Capper nitrate.
Copper oxalate.
Copper sulfate.
Ammomated copper sulfate.
Copper tartrate.
Hexahydrobenzene, hexamethylene,
hexanaphthene.
2,4-dichlorophenoxyacetic acid.
2,4-dichl0rophenoxyacetic acid ester.
0.p'-O DT.
Dipofene, Dla lot, Basutlin. Spectracide.
2-methoxy-3,6-dichlorobonzoie acid.
2,64ichlombenzoniVile, 2,6-CBN.
138
so-
105464
540565
78819
513495
13952946
75649
79312
m.................. 10839a
a . .................. 95487
P .................. 106445
ILI
Environmental Protection Agency § 116.4
TABLE 116.4A—LIST OF HAZARDOUS SUBSTANCES —Continued
Common name
CAS No.
Synonyms
isomers
CAS No.
Dichlone..........................................
117806
Phygon, dichloronaphihopuinone.
Dichlorobenzene .............................
25321226
Di-ahlonuide......................................................
Odho ............
95501
Paramom (Para) ...............................................
Para ..............
106467
Dichloropropane ..............................
26638197
Propylene dichloride .........................................
1.1 ................
78999
1,2 ................
78875
1,3 ................
142299
Dichloropropane ..............................
26952238
....,---......---.....---....._......---......................-...........
1,3 ..-......_.....
542756
2.3 ................
78886
❑ichloropropene-dichloropropane
800319E
D-D mixture Vidden D.
(mixture).
2,2-Dich1oroprapionic acid ..............
75990
Dalapon.
❑iehlorvos.......................................
62737
2,2-dichlorovinyl dimethyl phosphate, Vapona.
Dicofol.............................................
115322
Di(p-chlorophenyf)-inchloromethylcarbinol,
DTMC, diccfol.
Dieldnn............................................
60571
Alvit.
Diethylamine...................................
109897
Dimethylamine................................
124403
Dinitrobenzene (mixed) ...................
25154545
...............................
Dinitrobenzal ......................
m- .................
99650
o. ..................
526290
'
p...................
100254
Dinitrophenol...................................
51235
Aldifen...........................-..... ..-.......-..
(2,5-) .............
329715
(2,6-J .............
573568
❑initrotoluene..................................
25321146
ONT...................................................................
2,4 ................
121142
2,5 ................
606202
3,4 ................
610399
Diquat
Disutfoton........................................
Diuron..............................................
Dodecylbenzenesulfonic acid .........
Endosulfan ....... ......................
Fndnn..............................................
Epichlorohydrin ...............................
Ethion..............................................
Ethylbenzene..................................
Elhylenediamine ...............................
Elhylenediamine-telraaGetic acid
(EDTA).
Ethylene tlibromide .........................
Ethylene dichlonde .................... ......
Ferric ammonium cilrale .................
Ferric ammonium oxalate ...............
Ferric chloride .................................
Ferric fluoride ... ......................
Ferric nitrate ....................................
Ferric sulfate ...................................
Ferrous ammonium sulfate .............
Ferrous chloride ..............................
Ferrous sulfate ................................
Formaldehyde ...- .......
Formicacid .....................................
Fumanc acid ...................................
Furiural............................................
Guthion............................................
Heptachlor .......................................
Hexachlorocyclopentadiene ............
Hydrochloric acid ............................
Hydrofluoric acid .............................
Hydrogen cyanide ...........................
Hydrogen sulfide ............................
ISoprene..........................................
Isopropanolamine
d o de cy I b en z en e s u tf o na te.
Kepone............................................
85007
2764729
298044
330541
27176670
115297
72208
106898
563122
100414
107153
60004
106934
107062
1185575
2944674
5548BO74
7705o6D
7703500
10421484
10020225
10045893
7751
7720787
77a263D
50000
64186
110178
98011
86500
76446
77474
7647010
7664393
74908
7783064
79795
42504461
143500
Aquacide.
Dextrone, Reglone, Diquat tlibromide.
Di-syslon.
DGMU, DMU.
Thiodan.
Mendrm, Compound 269.
-chloropropylene oxide.
Niall ethyl methylene, phOSphOrOdithioale.
Phenylethane.
_7,2-diaminoe[hane� _
EdC[iC acid, Havidote.- (ethylenetlinitolp)-
teiraacetic acid.
1,2-dibromoethane acetylene tlibromide sym-
dibromosthyleno.
1,2-dichloroathane sym-bichloroelhane.
Ammonium ferric citrate.
Ammonium ferric oxalate.
Flores madis, iron Inchlonde.
Iron nitrate.
Ferric persulfate, ferric sesquisulfale, ferric
lersull
MOhrs salt, iron ammonium sulfate.
Iron chloritle, iron dichloride. iron protochloride.
Green vitriol.
Iron vitriol, iron sulfate, iron prolosulfato.
Methyl aldehyde, methanal, formalin,
Venancio acid.
Trans-butenedioic acid, trans-1,2-
e1hylenedicarboxylic acid, boletic acid,
allomaleic acid.
. 2-furaldehyde, pyromucic aldehyde.
Gusathion, azinphos-methyl.
Velsicol-1o4, Dnnbx, Heptagran-
Perchlorocyclopentatliene.
Hydrogen chloride, munatic acid.
Fluohydric acid.
Hydrocyanic acid.
Hydrosulfuric acid Sulfur hydrice.
i 2-methyl-1,3-butadiene.
Chlordecone 1,1a.3,3aA,5.5.5a,5b,6-
decachlorooctahydro-1.3.4-meMeno-2H-
cyclubuta(cd)pentalen-2-one.
139
§ 116.4
TABLE 111
Commonname
Lead acetate ...................................
Lead arsenate .................................
Le ad chloride ..................................
Lead flu000rate ...............................
Lead fluoride ...................................
Lead iodide .....................................
Lead nitrate .....................................
Lead stearate..................................
Lead sulfate ....................................
Lead sulfide ....................................
Lead iniocyanate .............................
Lindane...........................................
Lrtnium chromate ............................
Malathion.........................................
Maleic acid ......................................
Maleic anhydride .............................
Mercaptodimethur ...........................
Mercuric cyanide .............................
Mercuric nitrate ...............................
Mercuric sulfate ...............................
Mercuric thiocyanate .......................
Mercurous nitrate ............................
Methoxychlor.......................:...........
Methyl mercaptan ...........................
Methyl methacrylate ........................
Methyl parathion .............................
. - ..Mev'r.pho5.................,........:..�:-.:.�.-
Mexacarbate...................................
Monoethylaminer ..............................
Monomethylamine ...........................
Naled...............................................
Naphthalene ....................................
Naphthenfc acid ..............................
Nickel ammonium sulfate ................
Nickel chloride .................................
Nickel hydroxide ..............................
Nickel nitrate ...................................
Nickel sulfate ...................................
Nilno acid ........................................
Nitrobenzene ...................................
Nitrogen dioxide ................
Nltrophencl (mixed)
.........................
Nltrolaluene.....................................
Paratormaldehyde
Parathion .............. ............. ........... -
Pentachiorophenol ..........................
Phenol.............................................
Phosgene ........................................
Phosphoric acid ..............................
Phosphorus .....................................
Phosphorus oxycnloride ..................
Phosphorus pemasulfida ................
i.4A—LIST
CAS No.
301042
7764409
7645252
10102484
7758954
i3814965
77a3462
10101630
10099748
7428480
1072351
52652592
7446142
1314970
692570
5a599
14307358
121755
110167
10a316
203657
592041
1004594G
7783359
592858
7782867
10415755
72435
74931
50626
298000
-7785347
315184
75047
74895
300765
91203
1338245
1569918D
37211055
7718549
12064487
14216752
7786814
7697372
98953
10102440
25154556
1321126
40 CFR Ch. 1 (7-1-1 1 Edition)
OF HAZARDOUS SUBSTANCES—Contir
Synonyms
Sugar of lead.
Lead fluaroborate.
Lead difiuoricie, plumbous fluoride
Steanc acid lead salt.
Galena.
Lead sulfocyanate.
Gamma-BHC, gamma benzene hexachloride.
Phospothion.
Cis-butenedioic acid, cis-1,2-
ethylenedicarboxylic acid, toxilic acid.
2,5-furandiono, cis-butenedioic anhydride,
taxilic anhydride.
Mesurol.
Mercury cyanide.
Mercury nitrate, mercury pernitrate.
Mercury sulfate, mercury persulfate.
Mercury thiocyanate. mercuric sulfocyanate,
mercuric sultocyanide.
Mercury protonitrate.
DMDT, methoxy-DDT.
Methanethial, mercaptamethane, methyl
s0hydrate, thiomethyt alcohol.
Methacrylic acid methyl ester, methyl-2-meth-
yl-2-propencate.
Nifrox-80.
-Phosdrin. ..-
zeciran. - - - -
Ethylamine, aminoethane.
Methylamine, aminomethane.
Dibrom.
While tar, tar camphor, naphthalin.
Cyclohexanecarboxylic acid,
hexahydrobenzalc acid.
Ammonium nickel sulfate.
Nickelous chloride.
Nickelous hydroxide.
Nickelous sulfate.
Aqua fortis.
N.trobenzol, oil of mirbane.
Nitrogen teiraoxlda.
M o n o n i trop he no I ...............................................
30525994 Paraform, Formagene, Tnfarmol, polymerized
formaldehyde. polycxymethylene.
563a2 DNTP, Ninen.
87865 PCP, Ponta.
108952 Carbolic acid, phenyl hydroxide,
hydroxybenzene.oxybenzene.
75445 Diphosgene, cartionyl cnlonde, chlorolormyl
chloride.
7664382 Orthophosphoric acid.
7723140 Black phosphorus, red phosphorus, white
phosphorus, yellow phosphcrus.
10025873 Phdsphoryl chloride, phosphorus chloride.
1314803 Phosphoric sulfide, thiophospheric anhydride.
phosphorus persulfide.
140
Ued
I Isomers
m- ........
p- .........
Ortho ...
Meta ....
Para .....
CAS No.
554847
88755
100027
88722
990ai
99990
V-
Environmental Protection Agency
TABLE 11GAA—LIST OF HA7ARDOUS SUBSTANCES —Continued
Common name
Phosphorus tnchlonde ....................
CAS No.
Synonyms
7719122
Phosphorous chloride.
Polychorinated bitol is ................
1336363
PCB, Aroclor, polychlorinated diphenyls.
Potassium arsenate ........................
7784410
Potassium arsenite .........................
10124502
Potassium metaarsenite.
Potassium bichromate ....................
7778509
Potassium dichromate.
Potassium chromate .......................
7789006
Potassium cyanide ..........................
151508
Potassium hydroxide .......................
1310583
Potassium hydrate, caustic potash, pofassa.
Potassium permanganate ...............
7722647
Chameleon mineral.
Propergne.......................................
2312358
Omite. -
Prupionid acid .................................
79094
Pmpanoic acid, meld latent acid, ethylformic
acid.
Propionic anhydride ........................
123626
Propanoic anhydride, methylacetic anhydride.
Propylene oxide ......- ......................
75569
Propene oxide.
Pyrethdns........................................
121209
Pyrethdn I.
121211
Pyrethrin If.
Quinoline.........................................
91225
1-benzazine, benzo(b)pyridine, leuocoline,
cninoleine, leucol.
Resorcinol .......................................
108463
Resorcin, 1,3-benzenediol, meta-
dihydroxybenzene.
Selenium oxide ...............................
7446064
Selenium dioxide.
Silver nitrate ..................................:.
7761888
Nitric acid silver (1+) salt lunar caustic.
Sodium .......:....................................
7440235
Natrium.
' Sodium arsenate .............................
7631B92
Disodium arsenate.
Sodium arsenite ..............................
7784465
Sodium metaarsenite.
Sodium bichromate .........................
10586019
Sodium dichromate.
Sodium bifluonde ............................
1333831
Sodium bisulfite ...............................
7631905
Sodium acid sulfite. sodium hydrogen suiftte.
Sodium chromate ............................
7775113
Sodium cyanide ..............................
143339
Sodium dodacylbenzane-sulfonate
25155300
Sodium fluonde ...............................
7681494
Villiaumile.
Sodium hydrosuffide .......................
16721805
Sodium hydrogen sulfide.
Sodium hydroxide ...........................
1310732
Caustic soda, soda lye. sodium hydrate.
Sodium hypochlorite .......................
7681529
Bleach.
-
10022705
- -
_.-._. -,-
Sodium melhylate ..........................
- 124414
SodiummethG+ide:"-'--`,_•-'�.__..
Sodium nitrite ..................................
7632000
Sodium phosphate, dibasic .............
7558794
10039324
10140655
Sodium phosphate, tribasic ............
7785844
7601549
10101690
10361894
7758294
10124558
Sodium selenee ..............................
10102188
7762823
Strontium chromate .........................
7789062
Strychnine .............................
57249
Styrene ............................................
100425
Vinylbenzene, phenylethylene, slyrol,
•
styrolene, cinnameno, cinnamol,
Sulfuric acid ....................................
7564939
Oil of vitriol, oleUm.
Sulfur monouhloride ........................
12771083
Sulfur chloride.
2,4,5-T acid ...................................-
93765
2,4,5-trichlorophanoxyacetic acid.
2,4,5-T amines ..............................-
5369966
Acetic acid (2,4,5-Irichlerophenoxy)-compound
with N.N-dimethylmethanamine (1:1).
6369977
Acetic acid (2,4,5-Irichlorophenoxy)-compound
with N-melhylmethanamine (1:1L
1319728
Acetic acid (2,4,5-tdahlorcphenoxy)-compound
with 1-amino-2-propanot (1:1).
31313147
Acetic acid (2,4,5-Iricnlorophenoxy)-compound
with 2,2'2"-nitnlotris [ethanol) (1:1).
2,4,5-T esters ..................................
2545597
2,4,5-trichlorophenoxyacelic esters.
93798
61792072
1928478
25168154
2,4,5-T salts ...................................
13560991
Acetic acid (2,4,5-trichlorophenoxy)-sodium
salt.
TIDE .................................................
72548
ll
141
§ 116.4
Isomers I CAS No.
§ 116.4 40 CFR Ch. 1 (7-1-11 Edition)
TABLE 116.4A—LIST OF HAZARDOUS SUBSTANCES —Continued
Common name
CAS No.
Synonyms
Isomers
CAS No.
2,4,5-TP acid ..................................
93721
Propanoic acid 2-J2,4,5-IsChlorophenoxy).
2,4,5-TP esters ...............................
32534955
Prepaneic acid, 2-(2,4,5-tnchlorophenoxy) ,
isooC ql ester.
Tetraethyi lead ................................
7BDO2
Lead tetraethyl, TEL.
Tatraethyl pyrophosphate ...............
1137493
TEPP.
Thallium sulfate ...............................
1CO31591
7446106
Toluene ...........................................
1OBB89
Toluol, methylbenzene, phenylmelhane,
McMacide.
TDxapri......................................
8001352
Camphechlor.
Trichlorfon.......................................
52686
oipterex..................
Dylox.
Trichorethylene ...............................
79016
Ethylene tnchloride.
Ttfchlorophenol ...............................
25167822
Collunos0l, Dowicide 2 or 2S, Omal,
(2,3.4-) ..........
15950650
Phenacnlor.
(2,3,5-) ..........
933706
(2.3,6-) ..........
933755
(2,4,5-) ..........
95954
(2,4,6-) ..........
88062
(3,4,5-) ..........
609158
I nethanolamine
27323417
dodecylbenzenesulfonate-
Triethyiamine...................................
121448
Tnmethylamine................................
75503
TM&
Uranyl acetate ._............_......_.....-.
541093
Uranyf nitrate ...................................
10102064
36478769
Vanadium pentoxide .......................
1314621
Vanadic anhydride, vanadic acid anhydride.
Vanadyl sulfate ...............................
27774136
Var io sulfate. vanadium sulfate.
Vinyl acetate ...................................
105054
Acetic acid ethylene ether.
Vinylidene chloride ..........................
75354
1,1-dichlorethylene.
1,1 dichlDroethene.
Xylene {mixed) ................................
1330207
Dimethylbenzene.............................................
m..................
108383
Xylol..................................................................
0- ..................
95476
D- ..................
106423
Xylenol............................................
130o7F5
Dimethylphenol, hydroxydimethylbenzene.
Zinc acetate .............................. .
_ 557345--
Zinc ammonium chloride .................
14639975
14639986
5262825E
Zinc borate ......................................
1332076
Zinc bromide ...................................
7699458
Zinc carbonate ................................
3486359
Zino chlonoe....................................
7646557
Buffer of zinc.
Zinc cyanide ....................................
557211
Zinc fluoride ....................................
7783495
Zinc formate ....................................
557415
Zinc hydrosullite ..............................
7779864
Zinc nitrate .....................................
7779886
Zinc phenolsullonate .......................
127822
Zinc sulfocarbolale.
Zinc phosphide ................................
1314847
Zinc silicoflvorido ............................
16871719
Zinc fluosilfcate.
Zinc sulfate ......................................
7733020
White vitriol, zinc vitriol. white Copperas,
Zirconium nitrate .............................
13746B99
Zirconium potassium fluoride ..........
1692395B
Zirconium sulfate .............................
14644612
Disulfatozirconlc acid.
Zirconium tetrachloride ....
10026116..............
............. ...............................................
......................
..................
TABLE 116.4E—LIST OF HAZARDOUS TABLE 116.4E—LIST OF HAZARDOUS
SUBSTANCES BY CAS NUMBER SUBSTANCES BY CAS NUMBER —Continued
CAS No. I Common name CAS No. I Common name
50000...................
Formaldehyde
50293...................
DDT
51285 ...................
2, 4- D in i t r o p h e no I
52686...................
Trichlorton
56382...................
Parathion
56724...................
Coumaphos
57249...................
Strychnine
57749...................
Ghiordane
58899...................
Lintlene
604104...................
Elhylenediaminetelraaceiic
and (EDTA)
60571 ...................
Dieldnn
62533...................
Aniline
62737...................
Dichlorvos
63252...................
Carbaryl
64186 ...................
Formic acid
64i97...................
Acetic acid
65850 ...................
Benzoic acid
142
Environmental Protection Agency
TABLE 1 16.4B—LIST OF HAZARDOUS
SUBSTANCES By CAS NUMBER —Continued
CAS No. I Common name
§ 116.4
TABLE 116.413-1-IST OF HAZARDOUS
SUBSTANCES BY CAS NUMBER—Conlinued
CAS No. ! Common name
67663 ...................
Chloroform 11017E--.............
Fumaric acid
71432 ...................
Benzene 110190 .................
iso-Butyl acetate
72208...................
Endrin I1OB27...............,.
Cyolohexane
72435 ...................
Methaxychlor t 15297 .................
Endosulfan
72548 .................-
TOE 115322...............,.
Dicolol
74895...................
Monomethylamine 117806.................
Dichlone
7490B ...................
Hydrogen cyanide 121211 .................
Pyrothrin
74931 ...................
Methyl mercaptan 121299 .................
Pyrethnn
75047- .................
Mcnoethylamine 121448 ..-..............
Trielhylamine
75070...................
Acetaleehyde 121755.................
Malatnicn
75159 ...................
Carbon disulfide 123626 .................
Propionic anhydride
75207 ...................
Calcium carbide 123564 ....,,.....,,,,..
n-Butyl acetate
75445 ...................
Phosgene 123922 ..-..............
iso-Amyl acetate
75503...................
Trimethylamine 124403.................
Dimelnylamine
75649 ...................
terl-Butylamine 124414 .................
Sodium methylate
75865 ...................
Acetone cyanchydrin 127622 ....,,........,..
Zinc phenolsulfonate ,
75990 ...................
2,2-Dichloropropionic acid 133062 .................
Caplan
76445 ...................
Heptachlor 142712 ...........--..
Cupric acetate
7B002 ...................
Tetraethyl lead 143339 .................
Sodium cyanide
75795 .�.................
Isoprene 151508 .................
Potassium cyanide
76019 ...................
iso-Butylamine 298000 .................
Methyl parathion
791 ...................
Propionic acid 298044 ..-...........-,.
Disullotan
79312 ...................
iso-Butyric acid 301 .................
Naled
79367.
Acetyl chloride 301042 ..-..............
Lead acetate
B0626 ...................
Methyl mathacrylate 309002 .................
Aldine
85D07- ...............-
Dicluat 315184 -
Mexacarbate
8661...................
Guthion 329715 .................
2,5-Dinitrophenol
87565...................
Pentachlcrophenol 330541 .................
Diuron
B8755...................
o-Wrophenol 333415.................
Diazinon
91203 ...................
Naphthalene 506774 .................
Cyanogen chloride '
91225 ...................
4uinoline 506876 .................
Ammonium carbonate
93765 ...................
2,4,5-T acid 506967 .................
Acetyl bromide
9379E L_..... _..,
2,4,5-7 ester 513495 ..._-....._....
son-Butylamine
94111 ...................
2,4-D ester 5215290 .................
c-Dinitrobenzene
94757
2,4-D acid 54OB85 ..:..............
ten -Butyl acetate -
94791 ........::.:.':.:..
2,4-D ester' - ' "" 541iN3:Y :'.::�.........
UBnyl areta,e
94804 _.................
2,4-D Butyl ester 542521 .................
Banum cyanide
95476 ...................
o-Xylene 543908 .................
Cadmium acetate
95487 ...................
c-Cresol 544183 .................
Cobaltous formate
98011 ...................
Fudural 554847 .................
m-Nitrophenol
98884 ...................
Benzoyi chloride 557211 .................
Zinc cyanide
95953 ...................
Nitrobenzene 557345 .,...........,.,.
Zinc acetate
99650 ...................
rn•Dinitrobenzene 557415 .................
Zinc formate
100027.................
p-Nitrophenof 563122.................
Eli
100254 .................
p-Dinilrobenzene 57356E .................
2,6-Dinitrophenol
100414 .................
Ethylbenzene 59201 B .................
Calcium cyanide
100425 .................
Styrene 592041 .................
Mercuric cyanide
100447 .................
Benzyl chloride 592858 .................
Mercuric thiocyanaie
140470 .................
Benzonitnle 592870 .................
Lead thiocyanate
105464 .................
sac -Butyl acetate 525161 .................
tart -Amyl acetate
106423 .................
p-Xylene 625380 ...............-.
sec -Amyl acetate
106445 .................
p-Cresol 528637 .................
n-Amyl acetate
10702E .................
Acrolein 631618 .................
Ammonium acetate
107051 .................
Allyl chloride B15927 ...............-.
Cupric tartrate
11i .................
Acrylonitrile 1056304 ...............
Chromic acetate
1D7153.................
Ethylenediamine 1056337 ...............
Ammonium bicarbonate
107186 .................
Ally] alcohol 1072351 ...............
Lead stearate
107493 .................
Tetraethyl pyrophosphate 1111780 ..........._,.
Ammonium carbamate
107926 .................
n-Butyric acid 1195575 ...............
Ferric ammonium citrale
106054 .................
Vinyl acetate 1194656 ............-..
Dichlobenit
108247 .................
Acetic anhydride 1300716 ...............
Xylenol
108316 .................
Malefic anhydride 1303262 ...............
Arsenic pentoxide
11 .................
m-Xylene 1303328 .............,.
Arsenic disulfide
108394 .................
m-Cresol 1303339 ...............
Arsenic Irisullide
108463 .................
Resorcinol 1309644 ...............
Antimony trioxide
103883 .................
Toluene 1310563 ...............
Potassium hydroxide
108907 .................
Chorddenzene 1310732 ...............
Sodium hydroxide
108952 .................
Phenol 1314621 ............,,,
Vanadium pentoxide
109739 .................
n-Butylamine 1314003 ...............
Phosphorus peniasulfide
109897 .................
Diethylamine 1314847 ...............
Zinc phosphide
110167 .................
M&IBIC acid 1314870 ...............
Lead sulfide
143
r
§ 116.4
40 CFR Ch. 1 (7-1-11 Edition)
TABLE 116.4B—LIST OF HAZARDOUS
TABLE 116.4E—LIST OF HAZARDOUS
SUBSTANCES
By CAS NUMBER —Continued
SUBSTANCES
By CAS NUMBER —Continued
CAS No.
Common name
CAS No.
Gammon name
1319773 ...............
Cresol (mixed)
7762630 ...............
Ferraus sulfate
1320189 ...............
2,4-D ester
7762623 .....-...,,,...
Sodium selenite
1327533 ...............
Arsenic trioxide
7762867 ...............
Mercurous nitrate
1330207 ...............
Xylene
7763359 ...............
Mercuric sulfate
1332076 ...............
Zinc borate
7789462 ...............
Lead fluoride
1333631 ...............
Sodium bifluoride
7763495 .....-.........
Zinc fluoride
1336216 ...............
Ammonium hydroxide
77635D8 ...............
Ferric fluoride
1336363 ...............
Polychlonnated biphenyls
7783564 ...............
Antimony tnfluoride
1338245 ...............
Naphthenic acid
7764341 ...............
Arsenic tnctnlonde
1341497 ...............
Ammonium bifluoride
7784409 ...............
Lead arsenate
1762954—............
Ammonium thiocyanate
7764410 ...............
Potassium arsenate
1863634 ...............
Ammonium benzoate
7784465 ...............
Sodium arsenite
1918009 ...............
Dicamba
7785844 ...............
Sodium phosphate, tribasic
1928387 ...............
2,4-D esters
7786347 ...............
Mevinphos
1928478 ...............
2,4,5-T ester
7786814 ...............
Nickel sulfate
1928616 ...............
2,4-D ester
7787475 ...............
Beryllium chloride
1929733 ...............
2,4-D ester
7787497 ...............
Beryllium fluoride
2545597 ...............
2,4,5-T ester
7787555 ..............,
Beryllium nitrate
2764729 ...............
Diquat
778B9B9 ...............
Ammonium chromate
2921882 ...............
Chlomyrilos
7789006 ...............
Potassium cnrbmale
2944674 ...............
Ferric ammonium Oxalate
77B9062 ...............
Strontium chromate
2971382 ...............
2,4-D ester
77B9095 ...............
Ammonium bichromate
3DI2655 ...............
Ammonium citrate, dibasic
7789426 ............—
Cadmium bromide
3164292 ...............
Ammonium tartrate
7789437 ............—
Cobaitous bromide
3251235 ...............
Cupric nitrate
7789619 ...............
Antimony tribramide
3486359 ...............
Zinc carbonate
7790945 ............—
Chlorosullanic acid
5B93663 ...............
Cupric oxalate
BOD1352 ............—
Toxaphene
5972736 ...............
Ammonium oxalate
10022705 .............
Sodium hypochlorite
6009707 ...............
Ammonium oxalate
10025873 .............
Phosphorus oxychloride
6369966 ...............
2,4,5-T ester
10025919 .............
Antimony trichloride
74284BO ...............
Lead stearale
10026116 .............
Zirconium letrachlonde
7440235 ...............
Sodium
10028225 .............
Ferric sulfate
7446084 ...............
Selenium oxide
10026247 .........-...
Sodium phosphate, dibasic
7446142 ...............
Lead sulfate
10D39324 .............
Sodium phosphate, dibasic
7447394 ...............
Cupric chloritle __. --,.,
10043013,...........,._
,Aluminum sultate-_.
7558794 ...............
_-
Sodium phosphate, dibasic -
10045893 .............
Ferrous ammonium sulfate. _
7601549 ...............
Sodium phosphate, tnbasic
10045940 .............
Mercuric nitrate
7631892 ...............
Sodium arsenate
10049055 .............
Chromous chloride
7631905 ...............
Sodium bisullae
10099748 ....,........
Lead nitrate
7632000 ...............
Sodium nitrite
10101538 .............
Chromic sulfate
7645252 ...............
Lead arsenate
10101630 .............
Lead iodide
7646657 ...............
Zinc chloride
10101890 .............
Sodium phosphate, Inbasic
7647010 ...............
Hydrochloric acid
10102D64 .............
Llranyl nitrate
7647199 ...............
Antimony pentachloride
1010218E .....,._.....
Sodium selenite
7664392 ...............
Phosphoric acid
10102440 .............
Nitrogen dioxide
7664393 ...............
Hydrofluonc acid
101024B4 .............
Lead arsenate
7664417 ...............
Ammonia
10108642 .............
Cadmium chlonde
7664939 ...............
Sulfuric acid
10124502 .............
Potassium arsenite
7681494 ...............
Sodium fluoride
10124558 .............
Sodium phosphate, tribasic
7681529 ...............
Sodium hypocrilonte
10140665 .............
Sodium phosphate. dibasic
7697372 ...............
Nitric acid
1D1923DO .............
Ammonium bisulfite
7609458 ...............
Zinc bromide
10196040 .............
Ammonium sulfite
7705080 ...............
Ferric chloride
10361594 .............
Sodium phosphate, tribasic
7718549 ...............
Nickel chloride
10380297 .............
Cupric sullate, ammoniated
7719122 ...............
Phosoheru5 ldchlonde
10415755 .............
Mercurous nitrate
772D787 ...............
Ferrous sulfate
10421484 .............
Femc nitrate
1722647 ...............
Potassium permanganate
105BB019 .............
Sodium bichromate
772314D ...............
Phosphorus
11115745 .............
Chromic acid
7733020 ...............
Zinc sulfate
12002038-..._---....
Cupric acetcarsenite
7759294 ...............
Sodium phosphate. tribasic
12D54487 .............
Nickel hydroxide
7758943 ...............
Ferrous chloride
12125018 .............
Ammonium fluoride
7758954 ...............
Lead chloride
12125029 .............
Ammonium chlonde
7758987 ...............
Gupde sulfate
12135761 .............
Ammonium sulfide
7773060 ...............
Ammonium sulfamate
12771083 .............
Sulfur chloride
7715113 ...............
Sodium chromate
13597994 .............
Beryllium nitrate
7775441 ...............
Calcium arsenate
13746899 .............
Zirconium nitrate
7778509 ...............
Potassium bichromate
13765190 .............
Calcium chromate
7778542 ...............
calcium nypochlorito
13814965 .............
Lead fluobwate
7779964 ...............
Zinc hydrosulfite
13876830-...........
Ammonium fluoborate
7779886 ...............
Zinc nitrate
13952846 .............
sec-Butylamine
7782505 ...-......--
Ghlonne
14017415 .............
Cobaltous sulfamate
144
Environmental Protection Agency
TABLE 116.413—LIST OF HAZARDOUS
SUBSTANCES BY CAS NUMBER --Continued
CAS No.
14216752 .............
14258492 .............
14307358 .............
14307438
14639975 .............
14639986 .............
14644612 .............
15599180 .............
16721805 .............
16871719 .............
16919190 .............
16923958 .............
25154545 .............
25154556 .............
25155300 .............
25167622 .............
25168154 .............
25168267 .............
26264052 .............
27176870 .............
27323417 .............
27774136 .............
28300745 .............
30525694.
36478759 .............
37211055 .............
42504451.
52628258.
52740166 .............
5548 B674 .............
51792072 -.....
§ 117.1
Subpart C—Notice of Discharge of a
Reportable Quantity
117.21 Notice.
117.23 Liabilities for removal.
AUTHDRETY: Sees. 311 and 501(a), Federal
Water Pollution Control Act (33 L1,S.C. 1251
et seq.), ("the Act") and Executive Order
11735, superseded by Executive Order 12777. 56
FR 54757.
SOURCE: 44 FR 50776. Aug. 29, 1979, unless
otherwise noted.
Subpart A --General Provisions
§ 117.1 Definitions.
As used in this part, all terms shall
have the meanings stated in 40 CFR
part 116.
(a) Reportable quantities means quan-
tities that may be harmful as set forth
in § 117.3, the discharge of which is a
violation of section 311(b)(3) and re-
quires notice as set forth in § 117.21.
(b) Administrator means the Adminis-
trator of the Environmental Protection
Agency ("EPA").
(c) Mobile source means any vehicle,
rolling stock, or other means of trans-
portation which contains or carries a
reportable quantity of a hazardous sub-
_ .,_....._...-._ r......._.._...__.._._____--
.... SGariCe -•--.--
(d) Public record means the NPDES
permit application or the NPDES per-
[43 FR 10474, afar. 13, 1978: 43 FR 27533, June mit itself and the materials comprising
26, 1978, as amended at 44 FR 10268, Feb. 16, the administrative record for the per-
1979; 44 FR 65400, Nov. 13, 1979; 44 FR 66602, mit decision specified in § 124.18 of this
Nov. 20, 1979: 54 FR 33482, Aug. 141 19891 chapter.
(e) National Pretreatment Standard or
PART 117—DETERMINATION OF RE- Pretreatment Standard means any regu-
PORTABLE QUANTITIES FOR HAZ- lation containing pollutant discharge
ARDOUS SUBSTANCES limits promulgated by the EPA in ac-
Subpart A --General Provisions
Sec.
117.1 Definitions,
117.2 Abbreviations.
117.3 Determination of reportable
tities.
Subpart B—Applicability
Common name
Nickel nitrate
Ammonium oxalate
Lithium chromate
Ammonium tartrate
➢nc ammonium chloride
Zinc ammonium chloride
Zirconium sulfate
Nickel ammonium sulate
Sodium hydrosulfide
Zinc silicolluonde
Ammonium silicoflucnde
Zirconium potassium fluoride
Dinitrobenzene
Nltrophencl
Sodium dodecylbenzenesulfonate
Trichlorophenol
2,4,5-T ester
2A-D ester
Calcium dodecylbenzenesulfonat
Dodecylbenzenesulfonic acid
Tnethanolamine
do d e c yl be n ze n e s ul f o n a t e
Vanadyl sulfate
Antimony potassium tartrate
Paraformaldehyde
Uranyl nitrate
Nickel chloride
D od ecyl b e n z e n e su If ona to
isoprcpanolamine
Zinc ammonium chloride
Calcium arsenne
2,4-D ester
Femc ammonium oxalate
2.4,5-T ester
cordance with section .501 (b) and (c) of
the Act, which applies to industrial
users of a publicly owned treatment
works. It further means any State or
local pretreatment requirement appli-
cable to a discharge and which is incor-
quan- porated into a permit issued to a pub-
licly owned treatment works under sec-
tion 4D2 of the Act.
(f) Publicly Owned Treatment Works or
117.11 General applicability. POTW means a treatment works as de-
117.12 Applicability to discharges from fa- fined by section 212 of the Act, which is
cilities with NPDES permits. owned by a State or municipality (as
117.13 Applicability to discharges from pub- defined by Section 502(4) of the Act).
licly owned treatment works and their This definition includes any sewers
users, that convey wastewater to such a
117.14 Demonstration projects. treatment works, but does not include
145