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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