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[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Proposed Rules]
[Pages 53834-53838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21432]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 122

[EPA-HQ-OW-2012-0195; FRL-9722-5]
RIN 2040-AF42

Notice of Proposed Revisions to Stormwater Regulations To Clarify 
That an NPDES Permit Is Not Required for Stormwater Discharges From 
Logging Roads

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The EPA is proposing revisions to its Phase I stormwater 
regulations to clarify that stormwater discharges from logging roads do 
not constitute stormwater discharges associated with industrial 
activity and that a National Pollutant Discharge Elimination System 
(NPDES) permit is not required for these stormwater discharges.

DATES: Comments must be received on or before October 4, 2012.

ADDRESSES: You may submit comments, identified by docket number EPA-HQ-
OW-2012-0195, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Water Docket, Environmental Protection Agency, 
Mailcode: 2822T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, 
Attention Docket ID No. EPA-HQ-OW-2012-0195.
     Hand Delivery/Courier: EPA Docket Center, (EPA/DC) EPA 
West, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20460. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2012-
0195. The EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means the EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an email comment directly to the EPA 
without going through http://www.regulations.gov, your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should avoid the use of special characters, any form of encryption, and 
be free of any defects or viruses. For additional information about the 
EPA's public docket, visit the

[[Page 53835]]

EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information may not be publicly available, i.e., CBI or other 
information whose disclosure is restricted by statue. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the 
Water Docket, EPA Docket Center, EPA/DC, EPA West, Room B102, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the Water Docket is (202) 566-
2426.

FOR FURTHER INFORMATION CONTACT: For further information on this 
notice, you may contact Jeremy Bauer, EPA Headquarters, Office of 
Water, Office of Wastewater Management via email at 
bauer.jeremy@epa.gov or telephone at 202-564-2775.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Applicability

    This notice does not impose requirements on any entity. The action 
proposed is intended to clarify the status of stormwater discharges 
from logging roads. Those with an interest in such discharges may be 
interested in this proposed action. If you have questions regarding the 
applicability of this notice, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

B. Copies of This Document and Other Information

    This document is available for download at http://www.epa.gov/npdes/stormwater/forestroads or under docket EPA-HQ-OW-2012-0195.

II. Background

A. Purpose

    The EPA is issuing this notice to address the stormwater discharges 
identified under Northwest Environmental Defense Center v. Brown, 640 
F.3d 1063 (9th Cir. 2011) (NEDC).
    This notice proposes adding language to existing stormwater 
regulations to clarify that, for the purposes of assessing whether 
stormwater discharges are ``associated with industrial activity,'' the 
only facilities under SIC code 2411 that are ``industrial'' are: rock 
crushing, gravel washing, log sorting, and log storage. The effect of 
this would be to clarify, contrary to the Ninth Circuit's decision in 
NEDC, that discharges of stormwater from silviculture facilities other 
than the four specifically named silviculture facilities identified 
above do not require an NPDES permit.\1\
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    \1\ This rulemaking responds to the uncertainty created by the 
Ninth Circuit's holding in NEDC that certain channeled discharges of 
stormwater from logging roads constitute point source discharges, 
bringing them within the Section 402 NPDES permitting framework. 
This proposed rule, by clarifying what constitutes a discharge 
``associated with industrial activity,'' makes clear that such 
discharges do not require NPDES permits even if they are point 
source discharges. Nothing in this proposed rule should be construed 
as conceding that discharges of stormwater from logging roads 
constitute point source discharges, a question on which the Supreme 
Court has granted review for the October 2012 term.
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B. Statutory Authority and Regulatory History

    The objective of the Clean Water Act is to restore and maintain the 
chemical, physical, and biological integrity of the nation's waters. 33 
U.S.C. 1251(a). To that end, the Act provides that the discharge of any 
pollutant by any person shall be unlawful, except in compliance with 
other provisions of the statute. Generally, the Act provides for a 
permit program for the addition to waters of the United States of a 
pollutant from a point source, defined as ``any discernible, confined 
and discrete conveyance, including but not limited to any pipe, ditch, 
channel, tunnel, conduit, well, discrete fissure, container, rolling 
stock, concentrated animal feeding operation, or vessel or other 
floating craft, from which pollutants are or may be discharged.'' 33 
U.S.C. 1362(14). In 1987 Congress amended the Clean Water Act with the 
addition of section 402(p), which required NPDES permits for certain 
categories of stormwater point source discharges and allowed EPA 
discretion to determine how pollution from other stormwater discharges 
would be addressed.
    For the initial phase, section 402(p)(1) created a temporary 
moratorium on NPDES permits for stormwater discharges from point 
sources except for those listed in section 402(p)(2), which includes 
discharges for which a permit had already been issued; discharges from 
large municipal separate storm sewer systems; and ``industrial 
discharges.'' Congress did not define industrial discharges, allowing 
the EPA to define the term. For subsequent phases, section 402(p)(5) 
directs the EPA to conduct studies, in consultation with the states, 
for ``identifying those stormwater discharges or classes of stormwater 
discharges for which permits are not required''; ``determining to the 
maximum extent practicable, the nature and extent of pollutants in such 
discharges''; and ``establishing procedures and methods to control 
stormwater discharges to the extent necessary to mitigate impacts on 
water quality.'' Section 402(p)(6) directs the Agency to issue 
regulations, in consultation with state and local officials, based on 
such studies. The section allows the EPA flexibility in issuing 
regulations to address designated stormwater discharges where 
appropriate and does not require the use of NPDES permits or any 
specific regulatory approach. Specifically, the section states that the 
regulations ``shall establish priorities, establish requirements for 
state stormwater management programs, and establish expeditious 
deadlines'' and may include ``performance standards, guidelines, 
guidance, and management practices and treatment requirements, as 
appropriate.'' 33 U.S.C. 1342(p)(6). This flexibility is unique to 
stormwater discharges and is different than the treatment of stormwater 
discharges listed in section 402(p)(2)(B) of the Act, which requires a 
permit for a stormwater discharge ``associated with industrial 
activity.''
    Prior to the 1987 Amendments, there were numerous questions 
regarding the appropriate means of regulating stormwater discharges 
within the NPDES program due to the water quality impacts of 
stormwater, the variable nature of stormwater, the large number of 
stormwater discharges, and the limited resources of permitting 
agencies. The EPA undertook numerous regulatory actions, which resulted 
in extensive litigation, in an attempt to address these unique 
discharges.
    EPA's Silvicultural Rule (40 CFR 122.27) predates the 1987 
amendments to the Clean Water Act that created section 402(p) for 
stormwater controls. The Agency defined silvicultural point source as 
part of the Silvicultural Rule to specify which silvicultural 
discharges were to be included in the NPDES program. The rule defines 
silvicultural point source to mean any ``discernible, confined and 
discrete conveyance related to rock crushing, gravel washing, log 
sorting, or log storage facilities which are operated in connection 
with silvicultural activities and from which pollutants are discharged 
into waters of the United States'' and further explains that ``the term 
does not include non-point source silvicultural activities such as 
nursery operations, site preparation, reforestation and subsequent 
cultural

[[Page 53836]]

treatment, thinning, prescribed burning, pest and fire control, 
harvesting operations, surface drainage, or road construction and 
maintenance from which there is natural runoff.''
    In 1990, following the 1987 amendments that directed the Agency to 
develop regulations requiring permits for large municipal separate 
storm sewer systems and stormwater ``discharges associated with 
industrial activity,'' the EPA promulgated the Phase I stormwater 
regulations. (55 FR 47990, November 16, 1990). The EPA defined in the 
Phase I regulations ``storm water discharge associated with industrial 
activity'' which is not defined by the Act. In describing the scope of 
the term ``associated with industrial activity,'' several members of 
Congress explained in the legislative history that the term applied if 
a discharge was ``directly related to manufacturing, processing or raw 
materials storage areas at an industrial plant.'' (Vol. 132 Cong. Rec. 
H10932, H10936 (daily ed. October 15, 1986); Vol. 133 Cong. Rec. H176 
(daily ed. January 8, 1987)). The Phase I rule clarified the regulatory 
definition of ``associated with industrial activity'' by adopting the 
language used in the legislative history and supplementing it with a 
description of various types of areas (e.g., material handling sites, 
sites used for the storage and maintenance of material handling 
equipment, etc.) that are directly related to an industrial process and 
to industrial facilities identified by the EPA. The supplemental 
language in the Phase I rule also includes the term ``immediate access 
road.'' The EPA considers ``immediate access roads'' to refer to roads 
which are exclusively or primarily dedicated for use by the industrial 
facility. See 55 FR 47990, 48009 (Nov. 16, 1990). These ``immediate 
access roads'' do not include public access roads that are state, 
county, or federal roads such as highways or Bureau of Land Management 
roads which happen to be used by the facility. See id. The Phase I 
regulation defines the term ``storm water discharge associated with 
industrial activity'' to include stormwater discharges from facilities 
identified in the rule by standard industrial classification or ``SIC'' 
code at 40 CFR 122.26(b)(14). The Agency specified in the Phase I rule 
that the term does not include discharges from facilities or activities 
excluded from the NPDES program under other parts of the EPA's 
regulations, including the Silvicultural Rule. As discussed above, the 
EPA had previously specified under the Silvicultural Rule which 
silvicultural discharges were to be included in the NPDES program (40 
CFR 122.27). The EPA intended to regulate those same ``silvicultural 
point source[s]'' under the Phase I rule (i.e., rock crushing, gravel 
washing, log sorting, and log storage facilities) and to exclude from 
the Phase I regulation stormwater runoff from other silvicultural 
activities. For the ``silvicultural point source[s]'' (i.e., rock 
crushing, gravel washing, log sorting, and log storage facilities) 
regulated under the Phase I rule, the term ``storm water discharge 
associated with industrial activity'' includes ``immediate access 
roads'' (40 CFR 122.26(b)(14)(ii)). Unlike ``immediate access roads'' 
associated with industrial facilities, many logging roads have multiple 
uses, including recreation and general transportation, and commonly 
extend over long distances (i.e.; may not provide ``immediate access'' 
to an industrial site). The intent of the EPA in this notice of 
proposed rulemaking is that the NPDES program requirements be 
implemented with regard to ``immediate access roads'' in the same way 
they were implemented prior to the decision by the Ninth Circuit.
    In developing the second phase of stormwater regulations, the EPA 
submitted to Congress in March 1995 a report that presented the nature 
of stormwater discharges from municipal and industrial facilities that 
were not already regulated under the Phase I regulations (U.S. 
Environmental Protection Agency, Office of Water. 1995. Storm Water 
Discharges Potentially Addressed by Phase II of the National Pollutant 
Discharge Elimination System Storm Water Program: Report to Congress. 
Washington, DC EPA 833-K-94-002). On December 8, 1999, the EPA 
promulgated the Phase II stormwater regulations to address stormwater 
discharges from small municipal separate storm sewer systems and 
construction sites that disturb one to five acres. (64 FR 68722, 
December 8, 1999). The EPA retains the authority to designate 
additional stormwater discharges for regulation at a later date under 
either CWA section 402(p)(2)(E) or 402(p)(6).
    The Phase II regulations for stormwater controls were challenged in 
Environmental Defense Center v. US EPA, 344 F.3d 832 (9th Cir. 2003) 
(EDC v. EPA). In that case, petitioners contended that the EPA 
arbitrarily failed to regulate discharges from forest roads under the 
Phase II rule. The court held that the EPA failed to consider the 
petitioners' comments and remanded the issue to the EPA ``so that it 
may consider in an appropriate proceeding Petitioner's contention that 
Sec.  402(p)(6) requires the EPA to regulate forest roads. The EPA may 
then either accept Petitioners' arguments in whole or in part, or 
reject them on the basis of valid reasons that are adequately set forth 
to permit judicial review.'' Id. at 863.
    More recently, in Northwest Environmental Defense Center v. Brown, 
640 F.3d 1063 (9th Cir. 2011) (NEDC), a citizen suit was filed alleging 
violations of the Clean Water Act for discharging stormwater from 
ditches alongside two logging roads in state forests without a permit. 
The court held that because the stormwater runoff from the two roads in 
question is collected by and then discharged from a system of ditches, 
culverts and channels, there was a point source discharge of industrial 
stormwater for which an NPDES permit is required. As discussed above, 
the Agency specified in the Phase I rule that the term ``storm water 
discharge associated with industrial activity'' does not include 
discharges from facilities or activities excluded from the NPDES 
program under other parts of the EPA's regulations, including the 
aforementioned Silvicultural Rule. The EPA intends through this 
regulation to more clearly limit Phase I applicability to only those 
silvicultural facilities that are ``rock crushing, gravel washing, log 
sorting, and log storage facilities.''
    In response to the partial remand under EDC v. EPA, the Agency 
continues to review available information on the water-quality impacts 
of stormwater discharges from forest roads, which include logging roads 
as discussed above, as well as existing practices to control those 
discharges and is considering a range of options to address such 
discharges, which could include designating a subset of stormwater 
discharges from forest roads for regulation under the Agency's section 
402(p) rulemaking authority. The EPA believes that the broad range of 
flexible approaches under section 402(p)(6) may be well suited to 
address the complexity of forest road ownership, management, and use. 
EPA is currently evaluating comments on its 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 (77 FR 30473, May 23, 2012), as it considers possible next 
steps.
    In the interim, the EPA notes that Congress has directed that 
permits are not required for stormwater discharges

[[Page 53837]]

for logging roads. Under the Consolidated Appropriations Act of 2012, 
until September 30, 2012, the Administrator may not require an NPDES 
permit or directly or indirectly require any state to require a permit, 
for discharges of stormwater runoff from roads, the construction, use, 
or maintenance of which are associated with silvicultural activities.

III. Proposed Revisions and Rationale

A. Proposed Revisions

    The EPA is proposing to revise 40 CFR 122.26(b)(14)(ii) to clarify 
that for the purposes of defining stormwater discharges associated with 
industrial activity, the only activities under SIC code 2411 that are 
``industrial'' are rock crushing, gravel washing, log sorting, and log 
storage. This revision does not remove any existing exemptions. Though 
the existing language in 40 CFR 122.26(b)(14)(ii) excepts SIC code 
2434, wood kitchen cabinets, the wood kitchen cabinets category remains 
covered in a separate subsection. See id. at 122.26(b)(14)(xi) (listing 
``Facilities covered under Standard Industrial Classifications 20, 21, 
22, 23, 2434 * * *'' as engaging in industrial activity for purposes of 
the industrial stormwater regulations.)

B. Rationale

    The EPA did not intend logging roads themselves to be regulated as 
industrial facilities. However, in light of NEDC, the EPA proposes the 
addition of language to 40 CFR 122.26(b)(14) to clarify the Agency's 
intent.
    The EPA believes that stormwater discharges from forest roads, 
including logging 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 may be better suited to address the complexity 
of forest road ownership, management, and use.

C. Request for Comment

    The EPA requests comment on whether the proposed language 
sufficiently clarifies that discharges of stormwater from logging roads 
do not require an NPDES permit. The EPA does not think that changes to 
40 CFR 122.27 are necessary to accomplish the goal of clarifying the 
scope of stormwater discharges associated with industrial activity, but 
welcomes comments on this point and reserves the option of making 
changes to that section as appropriate to clearly articulate the 
Agency's intent.
    Although the EPA has conducted a preliminary review of the comments 
submitted in response to the ``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'' (77 FR 30473, May 23, 2012), the Agency does not plan to 
respond to these comments when taking final action on the rule proposed 
in today's notice. If you submitted comments in response to the earlier 
Federal Register Notice that you believe to be relevant to the rule 
proposed today, please resubmit your comments in accordance with the 
process outlined above.

IV. Economic Impact

    The proposed action clarifies existing regulations and has no 
economic, public health, or environmental impacts.

V. Statutory and Executive Order Review

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action.'' Accordingly, EPA 
submitted this action to the Office of Management and Budget (OMB) for 
review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 
2011) and any changes made in response to OMB recommendations have been 
documented in the docket for this action.

B. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) requires the 
EPA to estimate the burden on regulated entities to comply with 
information collection requirements of the EPA's regulations. This 
proposed action would clarify existing regulations and would have no 
impact on existing information collection requirements.

C. Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions. For purposes 
of assessing the impacts of today's rule on small entities, small 
entity is defined as: (1) A small business ``as defined by the Small 
Business Administration's (SBA) regulations at 13 CFR 121.201;'' (2) a 
small governmental jurisdiction that is a government of a city, county, 
town, school district or special district with a population of less 
than 50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule will not impose any requirements on small entities. 
Rather, the proposed rule will clarify that stormwater discharges from 
logging roads do not constitute stormwater discharges associated with 
industrial activity and that an NPDES permit is not required for these 
stormwater discharges. We continue to be interested in the potential 
impacts of the proposed rule on small entities and welcome comments on 
issues related to such impacts.

D. Unfunded Mandates Reform Act (UMRA)

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for state, local, or tribal governments or the private 
sector. This action imposes no enforceable duty on any state, local or 
tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This proposed action would not have Federalism implications. This 
proposed action would clarify existing regulations and would have no 
economic impact. Thus, it would not have substantial direct effects on 
the states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government as specified in Executive Order 13132.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This proposed action would not have tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). 
Thus, Executive Order 13175 does not apply to this proposed action.

[[Page 53838]]

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The proposed action is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997) because it is not economically significant as 
defined in Executive Order 12866. Moreover, this proposed action would 
clarify existing regulations and would have no economic, public health, 
or environmental impacts.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    The proposed action is not a ``significant energy action'' as 
defined in Executive Order 13211 (66 FR 28355, May 22, 2001), because 
it is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Additionally, the proposed change does 
not involve the installation of treatment or other components that use 
a measurable amount of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs the EPA to provide 
Congress, through OMB, explanations when the EPA decides not to use 
available and applicable voluntary consensus standards.
    The proposed action would clarify existing regulations and would 
make no change to existing standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission. 
Agencies must do this by identifying and addressing as appropriate any 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States.
    The EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. The proposed action would clarify existing regulations and 
would have no economic, public health, or environmental impacts.

List of Subjects 40 CFR Part 122

    Environmental protection, water pollution control.

    Dated: August 24, 2012.
Lisa P. Jackson,
Administrator.
    For the reasons set out in the preamble, 40 CFR part 122 is 
proposed to be amended as follows:

PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 
DISCHARGE ELIMINATION SYSTEM

    1. The authority citation for part 122 continues to read as 
follows:

    Authority: 33 U.S.C. 1251 et seq.

Subpart B--[Amended]

    2. Section 122.26 is amended by revising paragraph (b)(14)(ii) to 
read as follows:

Sec.  122.26  Storm water discharges (applicable to State NPDES 
programs, see Sec.  123.25).

* * * * *
    (b) * * *
    (14) * * *
    (ii) Facilities classified within Standard Industrial 
Classification 24, Industry Group 241 that are rock crushing, gravel 
washing, log sorting, or log storage facilities operated in connection 
with silvicultural activities defined in 40 CFR 122.27(b)(2)-(3) and 
Industry Groups 242 through 249; 26 (except 265 and 267), 28 (except 
283), 29, 311, 32 (except 323), 33, 3441, 373; (not included are all 
other types of silviculture facilities);
* * * * *

[FR Doc. 2012-21432 Filed 8-31-12; 8:45 am]
BILLING CODE 6560-50-P
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