United States
               Environmental Protection
               Agency	
                       Office of Water
                       4203M
EPA-HQ-OW-2012-0195
May 2012
r/EPA
Fact Sheet
Notice of Intent to Revise Stormwater Regulations
to Specify that an  NPDES Permit is not Required
for Stormwater Discharges from  Logging Roads
and to Seek Comment on Approaches for
Addressing Water Quality Impacts from Forest
Road Discharges
    Summary

    The U.S. Environmental Protection Agency has announced that it intends to revise its
    Stormwater regulations to specify that a National Pollutant Discharge Elimination
    System (NPDES) permit is not required for Stormwater discharge from logging roads.
    EPA is also requesting comment on potential approaches for addressing Stormwater
    discharges from forest roads and seeks input on examples of successful state, tribal
    and certification-oriented programs that are based on best management practices. EPA
    is working with stakeholders and its federal partners to determine how best to address
    Stormwater discharges from forest roads and will consider a full range of potential non-
    permitting approaches under the Clean Water Act including voluntary programs and
    further support for state and tribal programs.
    Background

    The physical impacts of forest roads on
    streams, rivers, downstream water
    bodies and watershed integrity have
    been well documented but vary
    depending on site-specific factors.
    Improperly designed or maintained
    forest roads can affect watershed
    integrity through three primary
    mechanisms: they can intercept,
    concentrate, and divert water. Forest
    roads can intercept water falling as
    rainfall directly on road surfaces and
    cutbanks as well as subsurface water
    moving underground down the hillslope.
    They concentrate flow on the road
    surface and in adjacent ditches and
    channels. Forest roads, if not properly
    designed, can divert both surface and
    subsurface water from flow paths that
    otherwise would be taken in the
                             absence of a road. The hydrologic and
                             geomorphic consequences resulting
                             from these three processes will vary
                             based on the forest road. In some
                             cases, impacts may be negligible, while
                             they may be significant in others.
                             Potential effects of forest roads that
                             were not properly constructed or are not
                             properly maintained on water quality
                             include  increased loading of sediment
                             due to erosion and mass wasting;
                             increased  suspended solids and
                             turbidity; increased sediment deposition
                             and bed load; alteration of stream
                             morphology and channel simplification;
                             altered streamflow, pollution from other
                             chemicals associated with forest roads;
                             increased  turbidity and sedimentation  in
                             drinking water systems; siltation of
                             streambed substrates; impairments of
                             spawning  and rearing habitat; and
                             degradation of habitat for salmonids,

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other fish, invertebrates, and other
aquatic organisms.

The vast and diverse network of forest
roads provides access into and through
the nation's forested lands. These roads
traverse federal public land, state and
local public land, tribal land, and private
land, and can span any combination of
these. The network includes active and
inactive roads that vary in age and
condition. Forest roads provide
important access for a wide range of
activities, including timber operations,
recreation, fire protection,
transportation, and often  serve multiple
purposes for multiple users at the same
time. Private forest land owners invest
considerable resources in forest road
construction and maintenance, as they
are critical assets that enhance property
values, help maintain economic viability,
and facilitate sustainable forestry
management.

If not properly managed,  stormwater
discharges from forest roads can cause
preventable impairments to water
quality. The EPA notes that successful
federal, state, and local programs for
controlling discharges from logging and
forest roads currently exist in many
parts of the country and that many forest
owners are implementing programs
using best management practices to
address these discharges. Where
appropriate best management practices
are used, receiving waters can be
protected and impacts can be
minimized. However, not all of the
existing programs  have been successful
at effectively addressing stormwater
discharges from forest roads,  and some
discharges continue to cause or
contribute to impairments of the nation's
waters. At the same time, not all forest
roads are alike, and the severity of the
remaining challenges varies. There is
evidence that a majority of the water
quality impacts caused by discharges
from forest roads can be attributed to a
relatively small subset of forest roads
and often a small portion of those roads.
Thus, EPA believes that further study of
forest roads and their impacts is needed
in order to determine what additional
measures may be needed to address
remaining water quality impacts.  EPA
will consider a full range of potential
approaches to address water quality
impacts associated with discharges of
stormwater from forest roads.

Request for Comment

The EPA requests comment on potential
approaches for addressing stormwater
discharges from forest roads. The
Agency also seeks input on examples of
successful state,  tribal, and certification-
oriented BMP programs for managing
stormwater discharges from forest
roads; how these programs are
implemented; how program
accountability is assured; the costs of
implementing those programs, including
costs incurred by owners or operators of
forest roads as well as the costs
incurred by the organizations
responsible for implementation and
enforcement; the demonstrable
successes of these programs; and the
lessons learned in implementing such
programs.

The EPA will again seek input on any
additional measures to address such
discharges before taking additional
action.

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Outreach and Collaboration
                                           The EPA intends to work collaboratively
EPA is initiating work on this rulemaking       with stakeholders,  including other
effort and plans to hold  listening              federal agencies, tribes, state and local
sessions to obtain stakeholder input this       authorities, forestry organizations, and
summer.                                   the public.
For further information about this notice, please write to:

Mr. Jeremy Bauer
U.S. Environmental Protection Agency, Office of Water (4203M)
1200 Pennsylvania Ave. N.W.
Washington, D.C. 20460
e-mail: bauer.jeremy(S)epa.gov

For additional information on this notice or to view or download the complete text of the
Federal Register notice, please visit: http://www.epa.gov/npdes/stormwater/forestroads.

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