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, ------- 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. ------- 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. ------- |