EPA to Clarify Storm Water Rules for Logging Roads

EPA has announced that it is going to clear up, through rulemaking, the application of the Clean Water Act storm water regulations to  logging roads.  It sounds like it will be a welcome clarification for those working in the timber industry.  Comments are due June 22.  The following is taken from the May 23rd Federal Register:

The EPA intends to expeditiously propose revisions to its Phase I stormwater regulations to
specify that stormwater discharges from logging roads are not stormwater discharges ‘‘associated with industrial activity.’’ This notice of intent is in response to the Ninth Circuit Court of Appeals which found in Northwest Environmental Defense Center v. Brown that certain logging roads are stormwater point sources ‘‘associated with industrial activity.’’ Additionally, EPA is seeking comment on approaches for addressing water quality impacts associated with discharges of stormwater from forest roads. Where appropriate best management practices (BMPs) are used, receiving waters can be protected and impacts can be minimized. If not properly managed, however, stormwater discharges from some forest roads can cause preventable impairments to water quality. EPA believes that stormwater discharges from forest roads should be evaluated
under section 402(p)(6) of the Clean Water Act because the section allows for a broad range of flexible approaches that are well-suited to address the complexity of forest road ownership, management, and use. Section 402(p) of the Clean Water Act allows EPA to consider a range of regulatory and non- regulatory approaches and determine which forest road discharges (if any) should be regulated under 402(p)(6). The EPA intends to study the water quality impacts of forest roads and existing federal, state, tribal, and voluntary programs designed to address them to determine if additional Agency action is necessary. The EPA will seek input again prior to taking additional action.

EPA added in a footnote that "EPA notes that the 9th Circuit decision in NEDC v. Brown addressed only certain logging roads, not forest roads more generally. EPA interprets the decision as not affecting the status of silvicutural activities other than logging roads. EPA’s regulations at 40 CFR 122.26(b)(14) and 122.27 exclude most silviculture activities from the requirement to obtain an NPDES stormwater permit, with certain exceptions."


I'm sure there will be many organizations  weighing in on this.  Here's a story from the Seattle Times