3510-11 Proposed No Exposure Certification for Exclusion fr

2026 MSGP

Appendix K – No Exposure Certification (NEC) Form

NOTE: EPA proposes the text in this Appendix as part of the Proposed 2026 MSGP.
Proposed Appendix K - No Exposure Certification (NEC) Form

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Part 7.2 requires you to use the NPDES eReporting Tool, or “NeT,” to prepare and submit your No Exposure
Certification (NEC) form. However, if you are given a waiver by the EPA Regional Office to use a paper
NEC form, and you elect to use it, you must complete and submit the following form.

NPDES Form 3510-11

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2026 MSGP

Appendix K – No Exposure Certification (NEC) Form
Instructions for Completing EPA Form 3510-11
No Exposure Certification (NEC) for Exclusion from Stormwater Discharges
Associated with Industrial Activity Under the NPDES Multi-Sector General Permit

use of global positioning system (GPS) receivers and U.S.
Geological Survey (USGS) topographic or quadrangle maps.
For consistency, EPA requests that measurements be taken
form the approximate center of the facility. Specify which
method you used to determine latitude and longitude. If a
USGS topographic map is used, specify the scale of the map
used. Enter the horizontal reference datum for your latitude and
longitude. The horizontal reference datum used on USGS
topographic maps is shown on the bottom left corner of USGS
topographic maps; it is also available for GPS receivers. The
facility information in this Section should match the facility
information provided on your NOI form.

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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 stormwater, the facility
operator must obtain coverage under an NPDES stormwater
permit immediately.

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This Form Replaces Form 3510-11 (03/21) Form OMB No. 2040-NEW
certification form. An operator of a facility is the legal entity
Who May File a No Exposure Certification (NEC) Form
that controls the operation of the facility. Refer to Appendix A
Federal law at 40 CFR Part 122.26 prohibits point source discharges
of the MSGP for the definition of “operator.” Provide the
of stormwater associated with industrial activity to waters of the
operator’s mailing address, phone number, and e-mail.
U.S. without a National Pollutant Discharge Elimination System
Correspondence for the NEC will be sent to this address. Also
(NPDES) permit. However, NPDES permit coverage is not required
provide the name and title for the operator point of contact
for discharges of stormwater associated with industrial activities
(note that the point of contact name may be the same as the
identified at 40 CFR 122.26(b)(14)(i)-(ix) and (xi) if the discharger
operator name).
can certify that a condition of “no exposure” exists at the industrial
facility or site.
Section D. Facility Information
Enter the official or legal name and complete street address,
Stormwater discharges from construction activities identified in
including city, state, ZIP code, and county or similar government
40 CFR 122.26(b)(14)(x) and (b)(15) are not eligible for the no
subdivision of the facility. If the facility lacks a street address,
exposure exclusion.
indicate the general location of the facility (e.g., Intersection of
State Highways 61 and 34). Complete facility information must
Obtaining and Maintaining the No Exposure Exclusion
be provided for the NEC form to be valid.
This form is used to certify that a condition of no exposure exists at
the industrial facility or site described herein. This certification is
Provide the latitude and longitude of your facility in decimal
only applicable in jurisdictions where EPA is the NPDES permitting
degrees format. The latitude and longitude of your facility can
authority and must be re-submitted at least once every five years.
be determined in several different ways, including through the

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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, but not for punctuation marks unless they are
needed to clarify your response. Please submit original document
with signature in ink - do not send a photocopied signature. One
form must be completed for each facility or site for which you are
seeking to certify a condition of no exposure. 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. Approval to Use Paper NEC Form
You must indicate whether you have been granted a waiver from
electronic reporting from the EPA Regional Office. Note that you
are not authorized to use this paper NEC form unless the EPA
Regional Office has approved its use. Where you have obtained
approval to use this form, indicate the waiver that you have
been granted, the name of the EPA Regional Office staff person
who granted the waiver, and the date that approval was
provided.
See
https://www.epa.gov/npdes/contact-usstormwater for a list of EPA Regional Office contacts.

Section B. Reason for Submission
You must check your reason for submitting this form. You may
submit this form for obtaining a new NEC, for renewing a previous
NEC, or for discontinuing an existing NEC (for facilities that no
longer need the exclusion from permit coverage for industrial
stormwater discharges).

Section C. Facility Operator Information
Provide the legal name of the person, firm, public organization, or
any other entity that operates the facility described in this

NPDES Form 3510-11

Indicate whether the facility is on Indian Country, and if so,
provide the name of the Indian Tribe associated with the area of
Indian Country (including name of Indian reservation, if
applicable).
Indicate whether the facility is on federal lands. If so, indicate
whether the facility is on a land of exclusive federal jurisdiction
and provide the name of the land of exclusive federal
jurisdiction. Refer to Appendix A of the MSGP for the definition
of “lands of exclusive federal jurisdiction.”
Indicate whether you are a “federal operator” as defined in
Appendix A of the MSGP. Also check the facility’s ownership
type.
Indicate whether the facility was previously covered under an
NPDES stormwater permit. If so, include the NPDES ID (i.e., NOI
tracking number).

List the four-digit Standard Industrial Classification (SIC) code or
two-character activity code and the applicable sector and
subsector of your primary industrial activity.
Enter the total size of the site associated with industrial activity in
acres.
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 road/parking 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.

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2026 MSGP

Appendix K – No Exposure Certification (NEC) Form
Instructions for Completing EPA Form 3510-11
No Exposure Certification (NEC) for Exclusion from Stormwater Discharges
Associated with Industrial Activity Under the NPDES Multi-Sector General Permit
This Form Replaces From 3510-11 (03/21)

Section E. Exposure Checklist
Check “Yes” or “No” as appropriate to describe the exposure
condition at your facility. If you answer “Yes” to ANY of the
questions 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 stormwater
permit. After obtaining permit coverage, you can institute
modifications to eliminate the potential for a discharge of
stormwater exposed to industrial activity, and then certify to a
condition of no exposure.
Section F and G. Certification and Discontinuation of NEC
Information
The NEC form must be signed as follows:

Form OMB No. 2040-NEW

any suggested methods for minimizing respondent burden to
the Regulatory Support Division Director, U.S. Environmental
Protection Agency (2821T), 1200 Pennsylvania Ave., NW,
Washington, D.C. 20460. Include the OMB control number in any
correspondence. Do not send the completed form to this
address.
Submitting Your Form
If you have been granted a waiver from your Regional Office to
submit a paper NEC form, you must send your NEC form by mail
to one of the following addresses:
For Regular U.S. Mail Delivery:

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For a corporation: By a responsible corporate officer. For the
purpose of this Section, a responsible corporate officer means:

Stormwater Notice Processing Center
Mail Code 4203M, ATTN: MSGP No Exposure
U.S. EPA
1200 Pennsylvania Avenue, NW
Washington, DC 20460

For Overnight/Express Mail Delivery:
Stormwater Notice Processing Center
William Jefferson Clinton East Building - Room 7420
ATTN: MSGP No Exposure
U.S. EPA
1201 Constitution Avenue, NW
Washington, DC 20004

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(i) a 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 authority to sign
documents has been assigned or delegated to the manager in
accordance with corporate procedures.

Visit this website for instructions on how to submit electronically:
https://www.epa.gov/npdes/stormwater-discharges-industrialactivities-ereporting

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For a partnership or sole proprietorship: By a general partner or the
proprietor, respectively; or

For a municipality, state, federal, or other public agency: By either
a principal executive officer or ranking elected official. For
purposes of this Part, a principal executive officer of a federal
agency includes (i) the chief executive officer of the agency, or
(ii) a senior executive officer having responsibility for the overall
operations of a principal geographic unit of the agency (e.g.,
Regional Administrator of EPA). Include the name and title of the
person signing the form and the date of signing.
Include the name, title, and e-mail address of the person signing
the form and the date of signing.

An unsigned or undated NEC form will not be considered valid.

Paperwork Reduction Act Notice
This collection of information is approved by OMB under the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control No.
2040-NEW). Responses to this collection of information are
mandatory (40 CFR 122.26). 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. The public reporting and recordkeeping burden for this
collection of information is estimated to be 45 minutes per
response. Send comments on the Agency’s need for this
information, the accuracy of the provided burden estimates and

NPDES Form 3510-11

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