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NCGNE0065_COMPLETE FILE - HISTORICAL_20150924
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE �Gr� TYPE t ❑HISTORICAL FILE DOC DATE ❑ �o��a9au YYYYMMDD NCDENR A.r A� Dcr�a E: ra — r+,c Reeour " Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year Month Da Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C S 0 Permit status prior to requested change. a. Permit issued to (company name): Rock Tenn Folding b. Person legally responsible for pert -nit: Gene Dagenhart First MI Last io N 6 0 0 6 SUDDOrt Services Manager Title 2690 Kell Blvd Permit Holder Mailing Address Claremont NC 28610 City State Zip (828 459-8006 (828 459-2731 Phone Fax c. Facility name (discharge): Rock Tenn Folding d. Facility address: 2690 Kelly Blvd Address Claremont NC 28610 Cite State Zip e. Facility contact person: Gene Dagenhart _(828) 459-8006 First / MI / Last Phone Ill. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ® Name change of the facility or owner If other please explain: b. Permit issued to (company name): R��erCsie legalresponsible for permit: SEP 2 4 2015 DENR-LAND QUALITY 5T©RMWAYER PERMITTING d. Facility name (discharge): e. Facility address: f. Facility contact person: WestRock Converting Company David Lockee First MI Last General Manager 'Title 2690 Kelly Blvd Permit Holder Mailing Address Claremont NC 28610 City State Zip (828) 459-8006 david.lockee@westrock.com Phone E-mail Address WestRock Converting Company 2690 Kelly Blvd Address Claremont NC 28610 City State Zip Jason Smitherman First Ml Lastm (828) 459-8006 jason.smitheran(rr��,westrock.com Phone E-mail Address Revised Jan. 27, 2014 First Ml Lastm (828) 459-8006 jason.smitheran(rr��,westrock.com Phone E-mail Address Revised Jan. 27, 2014 i NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Jason_ Smitherman First Ml Last Environmental Coordinator Title 2690 Kelly Blvd _ Mailing Address Claremont NC 28610 City State Zip 828 459-8006 'ason.smitherman r westrock.com Phone E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date APPLICANT CERTIFICATION 1, David Lockee, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. /V September 15, 2015 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27, 2014 va RCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 30, 2010 Mr. Gene Dagenhart, Support Service Manager Rock Tenn Folding 2690 Kelly Boulevard Claremont, NC 28610 Subject: No -Exposure Certification NCGNE0065 Rock Tenn Folding Catawba County Dear Mr. Dagenhart: The Division has reviewed your submittal of the No -Exposure Certification form for exclusion from NPDES Stormwater Permitting. Based on your submittal and signed certification of no -exposure at the above referenced facility, and a site visit on September 29, 2010, by Mr. Michael Parker with this Office, the Division is granting your conditional exclusion from stormwater permitting as provided for under 40 CFR 122.26(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. Failure to obtain a No -Exposure exclusion could also subject you to enforcement for an unpermitted Stormwater discharge. You must self re -certify your No -Exposure status annually using the included form or obtain NPDES permit coverage for any stormwater discharges from your facility. The annual self re -certification does not need to be submitted to DWQ unless requested. Please note that your conditional exclusion from permitting 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 Mr, Parker at (704) 663-1699 or by email at Michael. Parker@ncdenr.gov. Sincerely, for Coleen H. Sullins cc: Stormwater Permitting Unit No- Exposure Files (Cory Larsen) Fran McPherson, Budget Office Mooresvklie Regional Office One Location: 610 East Center Ave , Suite 301 Mooresville, NC 28115PhoNo>I�hCa� of/ina late e:1ww .ncwal rq Fax. (704) 503 6fl401 Customer Service: l 877-623 6748 Internet; www.ncwaterqual'dy.org donor m;w t Af.,Mafivc Arrinil �Mnlnvw- W RRrvr1adf105A, Post Consumer oaoer 1 FILE NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary September 30, 2010 Mr. Gene Dagenhart, Support Service Manager Rock Tenn Folding 2690 Kelly Boulevard Claremont, NC 28610 Subject: No -Exposure Certification NCGNE0065 Rock Tenn Folding Catawba County Dear Mr. Dagenhart: The Division has reviewed your submittal of the No -Exposure Certification form for exclusion from NPDES Stormwater Permitting. Based on your submittal and signed certification of no -exposure at the above referenced facility, and a site visit on September 29, 2010, by Mr. Michael Parker with this Office, the Division is granting your conditional exclusion from stormwater permitting as provided for under 40 CFR 122.26(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. Failure to obtain a No -Exposure exclusion could also subject you to enforcement for an unpermitted stormwater discharge. You must self re -certify your No -Exposure status annually using the included form or obtain NPDES permit coverage for any stormwater discharges from your facility. The annual self re -certification does not need to be submitted to DWQ unless requested. Please note that your conditional exclusion from permitting 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 Mr. Parker at (704) 663-1699 or by email at Michael. Parker@ncdenr.gov. Sincerely, for Coleen H. Sullins cc: Stormwater Permitting Unit No- Exposure Files (Cory Larsen) Fran McPherson, Budget Office Mooresville Regional Office One Location: 610East Center Ave,,Suite 301Mooresvil€e,NC 28115 NorthCarolina Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Intemet: www,ncwaterqual'ity.org �I aturallrf A Vn—I rl —ton4v i AfErmntva Artin n Fmnlnvar -,9n% RPr:vrlp.iJfJ no,, Pm Consumer caner (� W A r� Michael F. Easlev, Governor `O�O 9QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director rvL; UEF0jA§ibn-of�Water,QualiW Q [�t1A. Sullins, De i"!4MREC r Division of W tC �� Ofi✓<l April 20, 2005 Jr APR 2 7 2005 Brian Emerick Gulf States Paper 2690 Kelly Blvd Claremont, NC 28610 PON Subject: No Exposure Certification NCGNE0065 Gulf State Paper - 2690 Kelly Blvd Catawba County Dear Permittee: The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES Stormwater Permitting form, which we received on May 18, 2004. We apologize for the extended period it has taken us to get back to you on this request and we appreciate your patience as we have worked through this process. 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. In addition, your coverage under general permit NCGO50259 is also hereby rescinded. This rescission is based upon your certification of no exposure conditions at this facility. 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 (April 30, 2010). 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 Jonathan Diggs at (919) 733-5083 ext. 537, or at jonathan.diggs@ncmail.net. Sincerely, for Alan W. Klimek, P.E. cc: Mooresville Regional Office Central Files — wlattachments �, Stormwater Permitting Unit Files Fran McPherson - DWQ Budget �+°W NCDENR N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 Customer Service 1-877-623-6748 � A y-F Michael F. Easley, Governor \O�0 RQti William G. Ross Jr,, Secretary North Carolina Department of Environment and Natural Resources UJ � Alan W. Klimek, P. E. Director Division of Water Quality .� Coleen H. Sullins, Deputy Director ���`'=r IEPI- Or Ebivision of�W uality AND : NATijP , . WOREBI' . August 5, 2005 t. Mr. Brian Emerick, Plant Manager Rock -Tenn Packaging and Paperboard, LLC 2690 Kelly Blvd. Claremont, NC 28610 AUG 0 9 2005 Subject: Ownership Change No Exposure Certification NCGNE065 Rock -Tenn Company -Claremont Folding Formerly: Gulf States Paper Corporation 2690 Kelly Blvd. Catawba County Dear Mr. Noyes: The Division has reviewed your submittal of the permit name/ownership change form for your No -Exposure Certification, which we received on July 14, 2005. Division personnel have reviewed and approved your request to transfer coverage under your Certificate of No -Exposure. 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, 2010). 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: Mooresville Regional Office Stormwater Permitting Unit Files Sincerely, ORIGINAL SIGNED BY BRADLEY BENNETT for Alan W.�_klimer, P.E. Central Files — w/attachments N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 *A �IGDENR Customer Service 1-877-623-6749 1v ti r'-j A •sposs ',v GE 4 U 0 4 nj N i? 1?t I iv �'X' VN, W. Pt, 14 FMR -76 k (�. Ft I MP�I-f r4P It :A P 1�0�n 9 1 N X: r m.- 4W. p;A, L -YV f-A Qol 6E� opt ZA� Ci- M'rqv: "J'fv, . Wona r I'A Copyright (C) 1998, Maptech, Inc, II Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality August 5, 2005 Mr. Brian Emerick, Plant Manager Rock -Tenn Packaging and Paperboard, LLC 2690 Kelly Blvd. Claremont, NC 28610 Subject: Ownership Change No Exposure Certification NCGNE065 Rock -Tenn Company -Claremont Folding Formerly: Gulf States Paper Corporation 2690 Kelly Blvd. Catawba County Dear Mr. Noyes: The Division has reviewed your submittal of the permit name/ownership change form for your No -Exposure Certification, which we received on July 14, 2005. Division personnel have reviewed and approved your request to transfer coverage under your Certificate of No -Exposure. 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, 2010), 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: Mooresville Regional Office Stormwater Permitting Unit Files Sincerely, for Alan W, Klimek, P.E. Central Files — w/attachments N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 NCDENR Customer Service 1-877-623-6748 _% la z ROCK-TENN COMPANY Via Certified Mail June 30, 2005 Wetlands and Storm Water Branch Attn: Sarah Young Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Gulf States Paper Corporation, Claremont, NC Storm Water Permit Number NCGNE0065 Dear Ms. Young: jD JUL 14 2005 oENR Wlsifands $ A Ql7Y - {1,gt Water Branch Rock -Tenn Packaging and Paperboard, LLC acquired the Gulf States Paper Corporation facility located at 2690 Kelly Boulevard, Claremont, NC 28610 on June 6, 2005. The facility has been operating under Storm Water Permit Number NCGNE0065. Enclosed is the Permit Name Change and Permit Ownership Change Form to have this permit transferred. If you have any questions please feel free to contact me at 678-291-7319. Sincerely, Cojo, C) Carla A. Bachunas Environmental & Safety Compliance Coordinator cc: Mr. Gene Dagenhart P.O. BOX 4098 • NORCROSS, GA 30091 • tel: 770-448-2193 A T Michael F. Easley �Q Governor G William G. Ross Jr., Secretary cr3 North Carolina Department of Environment and Natural Resources -1 Alan W. Kllmek, P.E., Director Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME CHANGE AND PERMIT OWNERSHIP CHANGE FORM I. You are requesting a change to which permit? Permit Number: NLC/ft/A)1 I0/10l b/S/ or Certificate of Coverage Number: II. please provide the following information describing the permit status before this requested change: 1. The permit was issued to (company name): (S L LT Aa+6 ffiw 2. The person legally responsible for the permit is: t r'I a rl iFhier-1' (K P lu4A- 11' ma ger itie) 3. The permit holder's mailing address: 2,b90 he lw Alyd- city: 010L,-e m nt State: 1) Zip code: 2:-Zto J() Phone: ( ) W O& 4. The permit is for a discharge from (facility name): (,kVn Sys ffiye1! �tx oxa JL I UN 5. Facility location address: �) 90 Yi1e11Iud. City: cll a re" I n-d State: Zip code: & 1 U Facility contact person: iC rl- Phone: ( ) y�`I - YJw� � III. Please provide the following information describing your requested change to the perinit. i . This request for a change in the permit is a result of: A change in the ownership of the facility A name change for the facility or owner ❑ Other (please explain): The revised permit will be issued to (company name):'&& 44?4n Phcb giJj 1m � E4 r6a1'/ LC The person legally responsible for the revised permit is: 1 Lal Emev c Title: Flort manO&Ce- The permit holder's mailing dress is: tp lJ ixwe I tid City: 'LoI'%h-Inrif State: M C— Zip code. P10 Phone: (82Fj) ` I'5q- P" ip E-mail address: ff lGC +CD('tCnl�l * �CXY1 The revised permit is for a discharge from Facility contact: - Q hm Facility location address: e State- 1� G Zip code: 7 E-mail address: t-0 S WU-239-080102 name): rlyl l U -C1A((fM6rtt 1:0�G•1.t,1�j Title: r V K�c _ City: r i CtY f�rYl Phone: (S28) "1 S�t� E LW to PERMIT NAME CHANGE AND PERMIT OWNERSHIP CHANGE FORM Permit contact information (if different from the person legally responsible for the permit) Permit contact: Title: Mailing address: _ City:_ State: Zip code: Phone: E-mail address: S. Will the permitted facility continue to conduct the same industrial activities conducted before the ownership or name char e? Yes No - please explain: YOUR APPLICATION WILL BE RETURNED UNPROCESSED IF ANY OF THE REQUIRED ITEMS ARE INCOMPLETE OR MISSING. THE REQUIRED ITEMS ARE: 1. This completed application is required for both a name change request and an ownership change request. 2. Legal documentation of the transfer of ownership (such as relevant pages of a contract, a deed, or a bill of sale) is requited for an ownership change request. Articles of incorporation are not sufficient for an ownership change_ The certifications below must be completed and signed by both the permit holder prior to the change and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. Permittee's Certification prior to the requested change: i, /L/I> ,4P / e.46i!F _ � attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I tmderstand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature: �6,064 - �E Date: Y d-� Applicant's Certification: i1� I' 11 n a _ , attest that this application for a namelownership change has been`revievkd and is a ` to and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature: Date: — d, PLEASE SEND THE COMPLETED APPLICATION PACKAGE TO: Wetlands and Stormwater Branch Attn: Sarah Young Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 S WU-239-M IO2 �f r* ASSET PURCHASE AGREEMENT THIS ASSET. PURCHASE AGREEMENT (this "Agreement"), dated as of April 27, 2005, by and between ROCK-TENN COMPANY, a Georgia corporation ("Buyer Parent"), ROCK-TENN PACKAGING AND PAPERBOARD, LLC, -a Georgia limited liability company and a wholly -owned indirect subsidiary of Buyer Parent ("Buyer," and together with Buyer Parent, the "Buyer Parties"), and GULF STATES PAPER CORPORATION, a Delaware corporation' ("Seller Parent"), GSPC ENTERPRISES, INC., a Delaware corporation, and a wholly -owned subsidiary of Seller Parent ("Seller Sub I" ), GULF STATES -TEXAS, L.L.C., a Delaware limited liability company, whose member interests are wholly owned by Seiler Sub I ("Seiler Sub II"), GULF STATES -TEXAS, L.P., a Delaware limited partnership, whose partners are Seller Sub I and Seller Sub II ("Seller Sub III") (Seller Parent, Seller Sub I, Seller Sub II and Seller Sub III are collectively, and individually where the context so requires or permits, referred to as "Seller"). WITNESSETH: WHEREAS, Seller is engaged, among other things, in the production and sale of paperboard and packaging; and WHEREAS, Seller wishes to sell its Pulp and Paperboard Division, Paperboard Packaging Division, Resolution Packaging operations and Livingston Box operations (collectively, the "Business") and its joint venture interest (the "Seller JV Interest") in GSD Packaging, L.L.C., a Delaware limited liability company ("Seller JV"), including, without limitation, all of the assets used or held for use in connection with the Business as described herein and Buyer desires to purchase the Business and the Seller JV Interest, all subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements set forth herein, the parties hereto agree as follows: ARTICLE I. PURCHASE AND SALE Section 1.1. Agreement to Purchase and Sell. Subject to the terms and conditions of this Agreement, at the Closing (as hereinafter defined) and except for the Excluded Assets (as hereinafter defined), Seller shall grant, sell, assign, transfer and deliver to Buyer, and Buyer will purchase and acquire from Seller, all right, title and interest of Seller in and to (a) the Business, (b) the Seller JV Interest and (c) all of the assets, properties and rights of Seller, of every kind and description, real, personal and mixed, tangible and intangible, wherever situated and used or held for use in connection with the Business (which Business, Seller JV Interest, assets, properties and rights are hereinafter more particularly defined collectively as the "Assets"), free and clear of all mortgages, liens, pledges, security interests, charges, claims, restrictions and encumbrances of any nature whatsoever, except Permitted Encumbrances (as hereinafter defined) and Assumed Liabilities (as hereinafter defined). r- Section 1.2. Included Assets. Except as otherwise expressly set forth in Section 1.3 hereof, the Assets shall include, without limitation, the following assets, properties and rights of Seller as of the Closing Date (as hereinafter defined): (a) all accounts receivable, notes receivable and related instruments, prepaid expenses, deposits, sureties, advances, and credits of the Business; (b) all inventories, including finished products, work -in -process, raw materials, spare parts, replacement parts, component parts, stores and supplies, office supplies and other inventory items of the Business including, without limitation, such inventory (i) located on the Seller Real Property (as hereinafter defined), and (ii) located in the warehouse facility owned by Seller in Maplesville, Alabama (the "Maplesville Facility") (collectively, the "Inventory"); (c) all apparatus, machinery, equipment, business machines, computers, vehicles, furniture, fixtures, tools, dies, molds, parts, rolling stock, and other tangible personal property of the Business (together with the Inventory, collectively, the "Tangible Personal Property"); (d) unless not assigned pursuant to Section 2.7(b), all right, title and interest of Seller in (i) the Material Contracts (as hereinafter defined) of Seller identified on Schedule 1.2(d) and (ii) all contracts (other than Material Contracts, whether written or oral) of the Business in the ordinary course, including, without limitation, all purchase orders, and contracts with customers and suppliers (collectively, the "Assumed Contracts"); (e) all real property identified as "Fee Parcels" on Schedule 1.2 e (the "Fee Parcels") and Seller Sub I's leasehold estate in the real property located in Demopolis, Alabama and identified as "Leasehold Parcels" on Schedule 1.2(e) (the "IDB Leasehold Parcel") pursuant to the applicable leases described on Schedule 1 2(e) (the "IDB Leases") and the other "Leasehold Parcels" described on Schedule 1.2(e) (together with the IDB Leasehold Parcel, the "Leasehold Parcels"), including, without limitation, all easements and other rights appurtenant to the Fee Parcels and the Leasehold Parcels, and including, without limitation, all buildings, structures, fixtures and improvements located on the Fee Parcels and the Leasehold Parcels, but expressly excluding the "Excluded Mill Property" as defined in Section 5.20 (collectively, the Fee Parcels, the Leasehold Parcels and such improvements (but excluding the Excluded Mill Property), the "Seller Real Property"); (f) all goodwill, customer lists, patents, copyrights, software, technical documentation, inventories, know-how, designs, shop and royalty rights, trade secrets, trademarks, servicemarks, website addresses, brand names and UPC codes, and trade names (and all registrations and rights thereto and applications therefor, including all rights under contracts granting any right, title, license or privilege under the intellectual property rights of any third party), of the Business, including, without limitation, those set forth on Schedule 1.2(f); (g) except as provided in Section 1.3(d), all rights to causes of action, lawsuits, judgments, claims and demands of any nature available to or being pursued by Seller Schedule 1.2(e} Included Assets - Seller Real Property (For more complete legal description, see Schedule 3.5(a)) Fee Parcels 1. Demopolis Plant Site, comprised of (i) a tract of approximately 243 acres and (ii) the IDB Tract (hereinafter defined), excluding the title to the IDB Tract held by the ID Bond (hereinafter defined) and leased to Seller pursuant to the IDB Lease, 28270 US Highway 80 West, Demopolis, AL 36732-9701 (less and except to the Excluded Mill Property). 2. Conover Plant, 214 Conover Blvd. SE, 302 Conover Blvd, S.E., Conover, NC 28613- 1925: 3. Claremont Plant, 2690 Kelly Blvd., Claremont, NC 28610 4. Joplin Plant, 4200 East 32nd Street, Joplin, MO 64804-4416 Nicholasville Plant, 200 Stephens Drive, Nicholasville, KY 40356-1071 6. Waco Plant, 401 Precision Drive, Waco, TX 76710-6970 7. Livingston Box, 210 North Industrial Park, Livingston, AL 35470 8. Marion Plant, 19 Burgin Street, 21 Burgin Street, 33 Burgin Street, Marion, NC 28752, 9, McDowell Plant, 468 Carolina Avenue, Marion, NC 28752 10. Hazleton Plant, 33 North Powell Drive, Hazleton, PA 18201 11. Columbus Plant, 3961 Cusseta Road, Columbus, GA 31902 Leasehold Parcels - IDB Lease, approximately 1018 acres, US Highway 80 West, Demopolis, AL 36732-9701 (the "IDB Tract") Less and except the Excluded Mill Property See Schedule 3.5(a). IDB Lease Agreement, by and between Gulf States Paper Corporation and Industrial Development Board of the City of Demopolis (the "ID Board"), dated May 1 1990, as supplemented and amended by a Supplemental and Amendatory Lease, dated December 1, 1993, and a Second Supplemental and Amendatory Lease, dated September 1, 1995, and as assigned to and assumed by GSPC Enterprises, Inc. by an Assignment and Assumption Agreement, dated December 29, 2002. 2. IDB Lease Agreement, by and between Gulf States Paper Corporation and ID Board of the City of Demopolis, dated December 1, 1991, and as assigned to and assumed 26 I NORTH CAROLINA Department of The Secretary of State CERTIFICATE OF AUTHORITY I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify that ROCK-TENN PACKAGING AND PAPERBOARD, LLC having filed on this date an application conforming to the requirements of the General Statutes of North Carolina, a copy of which is hereto attached, is hereby granted authority to transact business in the State of North Carolina. Document Id: C20051470029 1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 27th day of May, 2005 Secretary of State RE aUWW u'ts4 toy Date Filed: 5/27/2005 4:11:00 PM Elaine F. Marshall North Carolina Secretary of State C200514700291 State of North Carolina Department of the Secretary of State APPLICATION FOR CERTIFICATE OF AUTHORITY FOR LIMITED LIABILITY COMPANY Pursuant to g57C-7-04 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following: 1. The name of the limited liability company is Rock -Tenn Packaging and Paperboard,_ LLC and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited liability company wishes to use is 2. The state or country uoder whose laws the limited liability company was formed is: Georgia 3. The date of formation was April 26, 2005 its period of duration is: Perpetual 4. Principal office information: (Select either a or b) a. [D The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: Number and Street 504 Thrasher Street City, State, Zip Code Norcross, Georqia 30071 County Gwinnett The mailing address, if different from the street address, of the principal office of the corporation is: b. ❑ The limited liability company does not have a principal office. 5. The street address and county of the registered office in the State of North Carolina is: Number and Street 120 Penmarc Drive, Suite 118 City, State, Zip Code Raleigh, NC 27603 County Wake 6. The mailing address, if different from the street address, of the registered office in the State of North Carolina is: 7. The name of the registered agent in the State of North Carolina is: National Registered Agents, Inc. 8. The names, titles, and usual business addresses of the current managers of the limited liability company are: (use ariachment if necessary) time Business Address Rock -Tenn Converting Company (sole member) 504 Thrasher Street, Norcross, Georgia 30071 (Revised January 2002) (Form U09) If M CORPORATIONS DMSION P. 0, BOX 29622 RALEIGH, NC 27626-M2 APPLICA TION FOR CERTIFICATiE OF A UTHOArTY Page 2 9. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official having custody of limited liability company records in the state or country of formation. The Certiftate Qf Fjlstencustbe less than six inooths old.Anhotocopy Qf the ce 'fica 'on cannot be -accepted, 10. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the resolution of its managers adopting the fictitious name is attached. 11. This application will be effective upon filing, unless a delayed date and/or time is specified: This the asday of .2005 Rock -Tenn Packaging and Paperboard, LLC Name of Limited Liabilfty Company Rock -T Converting Company Si fJLlanager Grgat -su Typ or Pr Name "`6 (Revised January 2002) (Form L-09) ME Secretary of State Corporations Division 315 West Tower ##2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 PARANET CORPORATION SERVICES, INC. GWENDOLYN ANDREWS 3761 VENTURE DRIVE, SUITE 260 DULUTH, GA 30046 CONTROL NUMBER DATE INC/AUTH/FILED: JURISDICTION PRINT DATE FORM NUMBER CERTIFICATE OF EXISTENCE 0526435 04/26/2005 GEORGIA 05/26/2005 211 I, Cathy Cox, the Secretary of State of the State of Georgia, do hereby certify under the seal of my office that as of the above print date ROCK-TENN PACKAGING AND PAPERBOARD, LLC A GEORGIA LIMITED LIABILITY COMPANY is in compliance with the applicable filing and annual registration provisions of Title 14 of the Official Code of Georgia Annotated. Said entity was formed in the jurisdiction stated above or was authorized to transact business in Georgia on the above date and has not filed articles of dissolution, certificate of cancellation or any other similar document with the Office of the Secretary of State. This certificate relates only to the legal existence of the above -named entity as of the print date above. It does not certify whether or not a notice of intent to dissolve, an application for withdrawal, a statement of commencement of winding up or any other similar document has been filed or is pending with the Secretary of State. This information is electronically transmitted, issued and certified in accordance with the Georgia Electronic Records and Signatures Act and Title 14 of the Official Code of Georgia Annotated and is prima -facie evidence that said entity is in existence or is authorized to transact business in this state. 20050526195726559 64(Ri� (f�tp Cathy Cox Secretary of State N A LjE Michael F. Easley, Governor \O�O 9oG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources rAlan W. Klimek, P. E. Director Division of Water Quality 0 'C Coleen H. Sullins, Deputy Director Division of Water Quality April 20, 2005 Brian Emerick Gulf States Paper 2690 Kelly Blvd Claremont, NC 28610 Subject: No Exposure Certification NCGNE0065 Gulf State Paper - 2690 Kelly Blvd Catawba County Dear Permittee: The Division has reviewed your submittal of the No -Exposure Certification for Exclusion from NPDES Stormwater Permitting form, which we received on May 18, 2004. We apologize for the extended period it has taken us to get back to you on this request and we appreciate your patience as we have worked through this process. 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. In addition, your coverage under general permit NCG050259 is also hereby rescinded. This rescission is based upon your certification of no exposure conditions at this facility. 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 (April 30, 2010). 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 Jonathan Diggs at (919) 733-5083 ext. 537, or at jonathan.diggs@ncmail.net. Sincerely, for Alan W. Klimek, P.E. cc: Mooresville Regional Office Central Files — wlattachments Stormwater Permitting Unit Files Fran McPherson - DWQ Budget N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 A NCDENR Customer Service 1-877-623-6748 ll Gulf States PAPER CORPORATION N.C. Environmental and Natural Resources Mooresville Regional Office 919 North Maint Street Mooresville N.C. 28115 0-0 NC DEPT. OF ENVIRONMENT AND NATURAL RESOD C'ES REC..r IVEID MAY 1 0 2004 MOORESVILLE REC-inNAL OFFICE DIVISION OF is QUALITY Sirs: Enclosed is an application for No Exposure Certification for Exclusion from NPDES Storm Water Permitting. I am resending this application as I have not heard from anyone regarding the previous and also the Plant Manager of this facility has changed. I was also informed that North Carolina had final say in this application not the EPA as they instructed me to re -send this to you. Please consider this request and inform me of any additional requirements or information you might need on this application. Thank You � 7 Gene Dagenhart Web Supervisor 5-7-04 L ��� 18 2aa4 p01t�Y P.O. BOX 800 • CLAREMONT; NC`28610-0800' • PHONE (828) 459.-8006 • FAX (828) 459-2731 NC�CiIfE D(��` United States Environmental Protection Agency Form Approved 9 Y NPDES +� Washington, DC 24460 OMB No. 2Q4a0211 FORM AW E�� NO EXPOSURE CERTIFICATION for Exclusion from 3510-11 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 8 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). ALL INFORMATION MUST BE PROVIDED ON THIS FORM. Detailed instructions for completing this form and obtaining the no R.Vosure exclusion are provided on pages 3 and 4. A. Facility Operator Information I. Name: 1gig 111AIJJI IfIPA If I K I I ICIXI I I Ir I I I I I I I I I^I I 1J 2.Phone: 1911141519,1116161�0I 3. Mailing Address: a. Street: o b. City. ICI J_1 R I RI E I Mj 61 n IT I I I I I I ,I I I I I I I I c. State: (�i d. Zip Code: I of I[% I i 1 01— I I I I B. Facility/Site Location Information 1. Facility Name: 161U1l—A i&T' <ITIEISI (iP1AAf—ift__t I_!__L I I I I I I I 1 1 2. a. Street Address: Ia1 6L91 OL_ I KIE I -I J-A A i ki ff I_bi I I I I I I 1 I I I I I I_ L l..L_ 1 b. City: ICI.LIAI RIE /no f71TI I I I 1 l I l I_ I _ I _I _ L_II c.County: _I I J d. State: IAJ 10 e. Zip Code: 10,1'61 � ( 1 01 — 1 , 1 3. Is the facility located on Indian Lands? Yes ❑ No X 4. Is this a Federal facility? Yes ❑ No fg 5. a. Latitude: i 3,5J o 1'f lu I i I i " b. Longitude: III I o I I 1[iJ I I I 6. a. Was the facility or site previously covered under an NPDES storm water permit? Yes No b. If yes, enter NPDES permit number: A) C G � S� 0 O 0 0 7. SIC/Activity Codes: Primary: a� Secondary (if applicable): f I f I 8. Total size of site associated with industrial activity: 3 • a a acres 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 could be required to obtain permit coverage. Less than one acre ❑ One to five acres ❑ More.than five acres 1-1 EPA Form 3510-11 (10-99) Page 1 of 4 NPDES n NO EXPOSURE CERTIFICATION for Exclusion from Form Approved FORM -,EPA 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 spills/leaks 3. Materials or products from past industrial activity ❑ K 4. Material handling equipment (except adequately maintained vehicles) 5. Materials or products during loadinglunloading 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 handledlstored on roads or railways owned or maintained by the discharger 9. Waste material (except waste in covered, non -leaking containers [e.g.. dumpsters]) El D9 10. Application or disposal of process wastewater (unless otherwise permitted) El VSL 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 M54, 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 for knowing violations. Print Name: IDIRIIAAil ir-,P)C.IRII ICA l I _1_I- L_L1_L_t__1 t__I I I l i i i _.i_I Print Title: Signature: Date: 10 ISi 01 TP.14 EPA Form 3510-11 (10-99) Page 2 of 4 NPDES Instructions for the NO EXPOSURE CERTIFICATION for Form Approved FORM �,Epq 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 storm water associated with industrial activity to waters of the U.S. without a National Pollutant Discharge Elimination System (NPDES) permit. However, NPDES permit coverage is not required for discharges of storm water associated with industrial activities identified at 40 CFR 122.26(b)(14)(i)- (ix) and (xi) if the discharger can certify that a condition of "no exposure' exists at the industrial facility or site. 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 NPOES 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 SW No Exposure Certification (4203M) SW No Exposure Certification USEPA US EPA East Building, Rm. 7329 1200 Pennsylvania Avenue, NW 1201 Constitution Avenue, NW Washington, D.C. 20460 Washington, D.C. 20004 (202)564-9537 Completing the Form 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 through EPA's web site at www,epa.gov/ownVsw. 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. Ali correspondence will be sent to this address. 1. Enter the official or legal name of the facility or site. 2. Enter the complete street address (if no street address exists, provide a geographic description (e.g., Intersection of Routes 9 and 551), city, county, state, and zip code. Do not use a P.O. Box number. 3. Indicate whether the facility is located on Indian Lands. 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 degreeslminuteslseconds. 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 EPA's web site at http:llwww.epa.gov/owmiswfindustryriindex.htm and selecting Latitude and Longitude Finders under the Resources/Permit section. 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 degreeslminuteslseconds, follow the steps in the following example. Example: Convert decimal latitude 45.1234567 to degrees (1), minutes ('), and seconds ("). a) The numbers to the left of the decimal point are the degrees: 451, 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 ft2/acre = 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 a NPDES A Form Approved FORM ",EPA Instructions for the NO EXPOSURE CERTIFICATION for oM6 No.204"211 3510-11 Exclusion from NPDES Storm Water Permitting Section C. Exposure Checklist 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) in this section, a potential for exposure exists at your site and you cannot certify to a condition of no exposure. You must obtain (or already have) coverage under an NPDES storm water permit. After obtaining permit coverage, you can institute modifications to eliminate the potential for a discharge of storm water exposed to industrial activity, and then certify to a condition of no exposure. 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) authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; For a partnership or sole proprietorship: by a general partner or the proprietor; or For a municipal, State, Federal, or other public facility: by either a principal executive or ranking elected official. Paperwork Reduction Act Notice 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 currentty 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