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EO12866_Forest Roads FR Notice_Draft Notice of Intent to Address Discharges from Forest 

Roads_20120419 

6560-50 

ENVIRONMENTAL PROTECTION AGENCY 

[FRL-XXXX-X; EPA-HQ-OW-2012-0195] 

Notice of Intent to Address Stormwater Discharges from Forest Roads, Including Logging 

Roads, using a Non-Permitting Approach under the Clean Water Act 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Notice of Intent to Address Stormwater Discharges from Forest Roads, Including 

Logging Roads, using a Non-Permitting Approach under the Clean Water Act 

SUMMARY: The EPA intends to propose revisions to its Phase I stormwater regulations (40 

CFR 122.26) to specify that stormwater discharges from logging roads are not included in the 

definition of “storm water discharge associated with industrial activity.” At the same time, the 

Agency intends to propose designating stormwater discharges from forest roads, which include 

logging roads, for regulation under a flexible, non-permitting approach authorized in section 

402(p)(6) of the Clean Water Act. 33 U.S.C. 1342(p)(6). The flexible approaches authorized 

under section 402(p) are well-suited to address the complexity of forest road ownership, 

management, and use. 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 vast networks of forest roads can cause preventable impairments to 

water quality. Many flexible approaches are available to address discharges from forest roads 
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and to minimize pollutant loading to surface waters, as demonstrated by a review of successful 

BMP programs that already exist in parts of the country. In this notice, the EPA is also 

requesting comment on approaches that the Agency is considering for regulating stormwater 

discharges from forest roads. Under these approaches, the EPA would develop a process for 

evaluating which discharges from forest roads should be covered by regulation, and the Agency 

would take comments on this process. The EPA is also seeking input on examples of successful 

BMP-based state, tribal, and voluntary certification-oriented programs. When the EPA proposes 

new regulations, the Agency will seek comment again prior to taking final action. 

DATES: Comments must be received on or before [ENTER DATE 90 DAYS FOLLOWING 

PUBLICATION IN THE FEDERAL REGISTER]. 

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: 4101T, 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 B102, 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 
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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 e-mail. 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 e-mail comment 

directly to the EPA without going through http://www.regulations.gov, your e-mail 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 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 is not 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, 
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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. 

SUPPLMENTARY INFORMATION: 

I. General Information 

A. Applicability 

This notice does not impose requirements on any entity. 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://cfpub.epa.gov/npdes/stormwater/forestroads.cfm or under docket EPA-HQ-OW-2012-

0195. 

II. Background 

A. Purpose 

This notice describes the administrative steps the Agency intends to take to address the 

unpermitted stormwater discharges identified under Northwest Environmental Defense Center v. 

Brown, 1063 F.3d 1176 (9th Cir. 2011) and related discharges subject to the partial remand under 
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Environmental Defense Center, Inc. v. EPA, 344 F.3d. 832, 863 (9th Cir. 2003). Specifically, the 

Agency is announcing its plan to propose revisions to its Phase I stormwater regulations (40 CFR 

122.26) to specify that stormwater discharges from logging roads are not included in the 

definition of “storm water discharge associated with industrial activity.” At the same time, the 

Agency intends to propose designating stormwater discharges from forest roads for regulation 

under a flexible, non-permitting approach authorized in section 402(p)(6) of the Clean Water 

Act. 33 U.S.C. 1342(p)(6). The EPA is publishing this notice to request comment on potential 

non-permitting approaches that the Agency is considering for regulating stormwater discharges 

from forest roads. As indicated earlier in this notice, when the EPA proposes any new regulation, 

the Agency will seek comment again prior to taking final action. 

B. Overview of forests and forest roads

A 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, county land, 

tribal land, private land, and can span any combinations of these. The network includes active 

and inactive roads that vary in age and condition. Some roads on public lands are unauthorized 

and may not be included in existing inventories. Forest roads provide important access for a wide 

range of activities, including timber operations, recreation, fire protection, transportation, and 

often serve multiple purposes by multiple users at the same time. 

There are about 751 million acres of forested land in the United States. Private forests make 

up over half (56 percent) or approximately 423 million acres (USDA Forest Service 2008), and 

account for over 90 percent of all timber harvested in the United States in recent years (Adams et 

al., 2006). Of the private forest land, 62 percent is owned by families and individuals and is 

commonly referred to as “family forests.” Most of the family forest owners (around 61 percent) 
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own fewer than 10 acres of forest land. Owners of the remaining private forest land include 

corporations, Real Estate Investment Trusts (REITs), conservation organizations, clubs, and 

Native American tribes (USDA Forest Service 2008). Over 300 Native American reservations 

are significantly forested, and Native American tribal lands include 17.9 million acres of forest 

land, including 7.7 million acres of productive timberland (ITC 2007). Private forest land owners 

invest considerable resources in forest road construction and maintenance, as they are critical 

assets that enhance property values, maintain economic viability, and facilitate sustainable 

forestry management. 

Forty-four percent of forest land is publicly-owned, or approximately 328 million acres. The 

Federal government administers an estimated 76 percent of the public forest land. State forestry, 

park, and wildlife agencies account for most of the 21 percent of state-owned public forest land. 

The remaining 3 percent of public forest land is owned by local governments, such as counties 

and towns (USDA Forest Service 2008). Within the United States, the distribution of public 

versus private forests differs greatly among the various regions of the country. For example, 

forest-ownership in the Northwest is dominated by public (primarily the USFS and BLM) 

ownership, while private ownership is more prevalent in the Southeast and Northeast (Ibid.). 

While some forest road inventory information on federal lands is available, meaningful 

interpretation and comparison of that information requires an understanding of differences in 

inventory methods used (e.g., minimum road length included in road length counts), differences 

in the classes of forest roads (e.g., road surfacing, sediment production and delivery, and 

hydrologic connectivity), and differences in road densities. Nevertheless, the networks of forest 

roads on federal land are vast by any measure, with total lengths on the order of tens of 

thousands to hundreds of thousands of miles. The networks in other publicly-owned forests, 
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tribal forests, and private forests have not been fully catalogued, and the density and condition of 

forest roads on these lands, as with the federal lands, varies widely. 

Forest road networks differ greatly in development through time and layout over terrain, and 

they carry this history into their present performance and environmental impacts (Gucinski et al, 

2001). In many parts of the 193 million acres of the National Forest System (NFS), the major 

roads were built in the 1950s and 1960s, with secondary and tertiary feeder roads following as 

the road networks expanded into watersheds. In other areas, logging roads developed from 

previous road systems used for mining in the Rocky Mountain and southwestern states or 

agriculture in the southern Appalachians, Ozarks, and New England. Thus, changes in forest 

road standards through time (for example, width, construction methods, position in the 

landscape) have affected different parts of road networks. Consequently, each forest road 

network commonly contains a collection of older and newer roads, designed to different 

standards, for various purposes, and crossing terrain of differing sensitivities. This mosaic of 

road segments has implications for how the forest road network will interact with the forest 

watershed, streams, and other downstream aquatic resources (Gucinski et al., 2001). 

Regional differences are also evident in where the forest roads were located. For example, in 

southeastern Alaska, main roads were built on the broad, valley floors, where timber growing on 

the lower hillslopes was yarded downhill to them. In California, west of the Sierra Nevada, major 

roads were built along broad ridges, with secondary roads leading down into headwater areas. 

The main roads into western Oregon forests entered watersheds along narrow stream bottoms 

and then climbed the adjacent steep, unstable hill slopes to access timber extending from ridge to 

valley floor (Gucinski et al., 2001) 
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Federal forest roads on both BLM and Forest Service lands generally support traffic from 

multiple uses such as recreational, administrative, fire protection, and mineral and silvicultural 

activities. Of those, only a portion may be used for accessing timber resources. The federal land 

management agencies may grant easements, reservations, and permits for the purpose of 

construction, operation, and maintenance or use of roads crossing their lands. 

The majority of BLM industrial logging operations occur on Oregon and California (O&C) 

lands1 which have approximately 14,455 miles of road. BLM O&C lands are interspersed in a 

checkerboard pattern with many landowners. The roads often cross multiple jurisdictions, 

including tribal, state, county and private land as well as BLM lands. As a result, a complex 

system of road right-of-way agreements exists on the BLM O&C lands, as discussed later in this 

notice. 

The paragraphs above discuss the range of property types into which forest roads provide 

access. The same road may pass through multiple owners and multiple properties. Moreover, the 

ownership of the road does not necessarily correspond to the ownership of the forest land. For 

example, a BLM owned road may pass through private property, and a privately owned road 

may pass through BLM property. 

In general, only a subset of forest roads are active or open in any given year or at any given 

time of year. When active or open, forest roads may be serving multiple purposes by a number of 

different users. For example, those roads that are open and used for logging may cross multiple 

ownerships with overlapping responsibilities for the road and be used by multiple logging 

operators during the same time frame. This creates a highly complex mosaic of overlapping 

responsibilities. The EPA does not have information on all forest roads but notes that usage for 

                                                           

1

 Oregon and California (O&C) Lands Act of 1937. 43 U.S.C. §1181a. The O&C Lands Act placed 

management jurisdiction of the lands under the United States Department of the Interior. 
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some roads, including forest roads on private property, may only occur during harvesting once 

every 20 years or so. 

Some forest roads are inactive and have been closed and “storm-proofed” (i.e., they have 

appropriate BMPs for road drainage and erosion control and for reducing the vulnerability of the 

roads to natural disasters). Others may have been closed or abandoned. Among both active and 

inactive forest roads are older forest roads that were built or located without the benefit of newer 

standards. 

The approaches authorized under section 402(p)(6) of the CWA are well-suited to address 

stormwater discharges originating from the complex and diverse forest road universe because 

such approaches provide for flexibility and prioritization and may focus on the subset of forest 

roads with stormwater discharges that cause or contribute to water quality impacts and allow for 

prioritization among those discharges. 

C. Overview of Water Quality Impacts from Stormwater Discharges from Forest Roads 

The goal 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). High quality water supplies from 

forests are widely recognized as valuable resources. Forests cover about one-third of the 

continental United States. Most major rivers and streams originate in forested catchments 

(NCASI, 1994), and 80 percent of the nation’s freshwater sources originates in these forests 

(USFS 2000). In 2000, the US Forest Service (USFS) calculated the marginal value of water 

from all National Forest System (NFS) lands to be at least $3.7 billion per year (Ibid.). Between 

50 and 75 percent of the population of the United States relies on forest lands for good quality 

water (Neary et al. 2009), and approximately 60 million people rely on NFS lands as the primary 

source of their drinking water (Dissmeyer 2000). 
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Stormwater runoff from improperly constructed or maintained forest roads may introduce 

significant amounts of sediment and other pollutants into surface waters and, consequently, cause 

a variety of water quality impacts. Results of nationwide waterbody assessments from the EPA’s 

Assessment and Total Maximum Daily Loads (TMDL) Tracking and Implementation System 

(ATTAINS), which contains the most current available data reported by states to the EPA under 

Sections 305(b) and 303(d) of the CWA, found silviculture (forestry) and related activities, 

including forest and logging roads, to be among the top twelve probable sources of impairment 

for rivers, streams, and coastal shorelines (USEPA 2012). The contribution of silviculture to 

water quality impairments can vary by region, and the full extent of the contribution of 

discharges from forest roads to water quality impairments may be underrepresented in the 

ATTAINS database due to reporting differences among states. Some states may have categorized 

the source of impairment as "hydromodifcation" or "habitat alteration"; many 

states consistently report in the "unknown" source category for impairments – the 

third leading probable source category of impairment nationwide. Additionally, much of the 

nation's waters still remain unassessed (72 percent of rivers and streams; 54 percent of lakes, 

reservoirs, and ponds; 62 percent of bays and estuaries; and 96 percent of coastal shorelines). 

The EPA considered the differential contribution from forest road discharges on water quality as 

the Agency developed the potential approaches for addressing them. For example, the EPA 

recognizes that not all forest roads cause water quality impacts and that within a basin the 

majority of the water quality impacts caused by discharges from forest roads may be attributed to 

a relatively small subset of forest roads (Luce 2001; Luce and Black, 1999). The discussion on 

water quality impacts in this notice focuses on the subset of forest roads that were not properly 

constructed or are not properly maintained. 
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Improperly constructed or maintained forest roads can lead to excess sedimentation in nearby 

waters and subsequently lead to physical, biological and ecological impacts to water quality. 

These forest roads can degrade aquatic ecosystems by increasing levels of fine sediment input to 

streams and by altering natural streamflow patterns. Forest road runoff from improperly designed 

or maintained forest roads can detrimentally affect stream health and aquatic habitat by 

increasing sediment delivery and stream turbidity. This can adversely affect the survival of 

dozens of sensitive aquatic biota (salmon, trout, other native fishes, amphibians and 

macroinvertebrates) where these species are located. Increased fine sediment deposition in 

streams and altered streamflows and channel morphology can result in increased adult and 

juvenile salmonid mortality where present (e.g., in the Northwest and parts of the East), a 

decrease in aquatic amphibian and invertebrate abundance or diversity, and decreased habitat 

complexity. 

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 (Williams, 1999). 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 can 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 and underlying material. In some cases, impacts may be 

negligible, while they may be significant in others. As discussed in the following sections, 
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potential effects of forest roads that were not properly constructed or are not properly maintained 

on water quality can 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 water treatment 

and supply systems, siltation of streambed substrates, impairments of spawning and rearing 

habitat, and degradation of habitat for salmonids, other fish, invertebrates, and other aquatic 

organisms. 

1. Increased Loading of Fine and/or Coarse-Grained Sediment Due to Erosion and Mass Wasting 

Forest roads that were not properly constructed or are not properly maintained can be a major 

source of sediment to streams (Eaglin and Hubert, 1993; Furniss et al., 1991), and their 

construction, in particular, may contribute more sediment to streams than any other forestryrelated land management activity (Gibbons and Salo, 1973; Meehan, 1991). High rates of stream 

sedimentation can result from this increased erosion. Sediment enters water through various 

processes that include soil surface erosion, channel erosion, and mass movements (e.g., 

landslides, debris flows), and these inputs can be either chronic or episodic (FPAC, 2001). A 

survey conducted in one watershed in the southeast revealed that 80 percent of the sources of 

sediment delivery to streams and rivers were from the road prism; i.e., road surface, ditches, fill, 

banks (van Lear et al., 1995; Grace and Clinton, 2006). Surface erosion from forest roads can 

affect the fine sediment budget and may impose a chronic condition of sediment inputs to 

streams directly affecting the stream substrate and the health of aquatic life (Luce et al., 2001). 

Forest roads can also increase the frequency of landslides, debris flows, and other mass 

movements (Burroughs et al., 1976; Clayton, 1983; Dunne and Leopold, 1978; Furniss et al., 
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1991; Hammond et al., 1988; Megahan et al., 1992). Road-related landslides and stream crossing 

failures may result in significant sediment impacts associated with fill from failed road crossings 

and scoured headwater channels. These types of sediment inputs tend to be episodic and are 

often the result of large rainfall events. Landslides are typically the dominant erosion mechanism 

in areas with steep slopes, the frequency of which can be greatly accelerated by road 

management practices. 

2. Increased Suspended Solids and Turbidity 

Forest road construction and operation if not properly managed can cause increased 

concentrations of suspended sediment. For example, wet-weather hauling can be a source of 

fine-grained sediment and associated stream turbidity (Mills et al., 2003; Reid and Dunne, 1984). 

Research by Binkley and Brown (1993) suggests that suspended sediment concentrations in 

disturbed experimental forested watersheds that have properly implemented BMPs may resemble 

those of undisturbed forested watersheds. Local variability in soil erosivity can also affect the 

level of sediment loading. In regions where BMPs were not employed, substantial and variable 

increases in sediment concentrations occurred. Binkley and Brown (1993) showed suspended 

sediment concentrations an order of magnitude (or more) greater in disturbed forest than in 

undisturbed forest. However, the researchers noted that the increases can be highly variable and 

observed some situations in which no increases occurred. 

3. Increased Sediment Deposition and Bed Load 

Sedimentation is the end result of several processes, including erosion; sediment delivery, 

transport and deposition; and instream morphological processes. Erosion and mass wasting 

associated with forest roads can deliver both fine and coarse-grained sediment to water bodies. 

While fine-grained sediment is usually transported suspended in the water column, coarse 
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materials are mostly transported as bed load. Bed load transport is “flow limited”, meaning that 

coarse-grained sediment is usually only transported and redeposited at high flow rates (Beschta, 

1981). Deposition during and following large flow events can significantly change channel 

characteristics in low-gradient stream reaches. Although many of these changes (e.g., reduced 

pool depth and frequency) are associated with negative impacts on biota, stream habitat can be 

potentially enhanced if mass erosion delivers material to streams where coarse sediment is 

limited. 

4. Alteration of Stream Morphology and Channel Simplification 

The increased sediment flux into streams that can be associated with improperly designed or 

maintained forest roads causes aggradation (the accumulation of sediment in streams and rivers 

that occurs when the supply of sediment exceeds the ability of the stream to transport the 

sediment), filling of pools, and increased channel widths and width-to-depth ratios (Jackson and 

Beschta, 1984; Lisle, 1982; Madej, 1982). Increases in width/depth ratios in sensitive streams 

can result in higher summer water temperatures even when shade is not lost (Beschta et al., 1987; 

McCullough, 1999). Such temperature increases can elevate stream temperatures beyond the 

range for rearing, increase susceptibility of fishes to disease, reduce metabolic efficiency, shift 

species assemblages, and inhibit upstream migrations (Beschta et al., 1987; Hicks et al., 1991). 

Increased road density is often associated with a decline in the frequency of pools and depth of 

pools, fundamental components of high-quality fish habitat with increasing road density (Lee et 

al., 1997). Significant aggradation at channel transitions such as tributary confluences or road 

crossings can force streamflows subsurface. 

Forest roads that were not properly constructed or are not properly maintained can have other 

impacts on stream morphology. Unnatural channel widths, slopes, and stream bed forms can 
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occur upstream and downstream of road crossings, and these alterations in channel morphology 

may persist for long periods of time (Williams, 1999; Heede, 1980). Concentration and diversion 

of flow by roads into headwater areas can cause incision of previously unchanneled portions of 

the landscape (Montgomery, 1994). Forest roads, particularly in the past, have been built within 

floodplains and partially within stream channels. Riprap placed to prevent erosion of the road fill 

can result in dramatic changes in channel form (Luce et al., 2001). 

5. Altered Streamflow 

Forest roads that were not properly constructed or are not properly maintained may influence 

the flow of water through the watershed (Williams, 1999). Runoff rates are generally lower with 

moderated peak flows. Runoff rates are higher from compacted forest road surfaces than from 

less disturbed parts of watersheds (Elliot and Hall, 1997). The forest road network in a watershed 

may increase the frequency and magnitude of peak runoff discharges, particularly in small 

watersheds with high road density. Forest roads may also increase total runoff and decrease the 

time to peak runoff from major storms or snowmelt (Elliot, 2000). Forest roads can interrupt 

hillslope drainage patterns by intercepting surface and subsurface flow and concentrating and 

diverting it into ditches, gullies and channels. This can effectively increase the density of streams 

in the landscape and reduce groundwater recharge, which can alter the timing and magnitude of 

peak flows and change base flow stream discharge (Furniss et al., 1991; Harr et al., 1975; King 

and Tennyson, 1984; Wemple et al., 1996) and sub-surface flows (Furniss et al. 1991; Megahan, 

1972). However, the effects on flow through the watershed may be reduced where forest roads 

are constructed and maintained to drain ditches and gullies and allow water to infiltrate through 

the soil, thus reducing the effects of concentrating the water. 
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In some instances, forest road-induced changes in watershed hydrology can have significant 

impacts. The impact may depend on the fraction of the forested watershed area occupied by 

roads. King and Tennyson (1984) monitored the effects of logging roads two years following 

road construction on streamflow on six headwater watersheds in Nez Perce National Forest in 

north central Idaho. Comparing the percentages of watershed area disturbed by roads to the daily 

discharges at the mouths of the watersheds, they observed significant effects in two watersheds. 

However, hydrologic responses were highly variable and significant changes could not be 

detected for the other watersheds studied. 

6. Pollution from Other Chemicals Associated with Forest Roads 

Forest roads can also contribute to water quality degradation through runoff of applied roadrelated chemicals (Furniss et al., 1991; Norris et al., 1991; Rhodes et al., 1994) including 

herbicides, as well as toxic spills (Furniss et al., 1991; IDT, 1996). In recent years, the use of 

chemical site preparation has become increasingly common, as indicated by the establishment of 

BMPs for the proper use of chemicals during forest road management in many states (Williams, 

1999). However, the use varies by region, is generally less where regeneration harvest is lower, 

and is restricted in some states and on some federal lands. 

7. Increased Turbidity and Sedimentation in Water Treatment and Supply Systems 

Sediment-laden water supplies also reduce the capacity of storage reservoirs and may require 

additional treatment to render the water drinkable (Lewis, 1998) or shutdowns of surface water 

supply systems during storm events (DEQ Seeds, 2010). The frequency and duration of water 

supply system shutdowns can be increased by forestry activities including road conditions (CA 

Regional Board turbidity report 2008). 

8. Siltation of Streambed Substrates and Impairment of Spawning and Rearing Habitat 
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The abundance and quality of spawning substrate can be severely affected by sedimentation. 

Coarse gravel channel substrates are a critical habitat requirement for many stream organisms 

including salmonids and aquatic amphibians and invertebrates, and are considered a scarce 

resource. Fine sediment deposition may alter the quality of these gravel streambeds as fine 

sediment particles embed (cover) the larger particles and fill in the interstitial space in gravel 

substrates. Deposition may occur well downstream of the sediment source(s), because once fine 

sediment is delivered to a stream it can be transported long distances to a deposition location. In 

low-velocity stream reaches, excess deposition of fine sediment can completely cover suitable 

spawning gravel. Massive levels of fine sediment delivery can also produce changes in channel 

habitat by reducing pool frequency, depth and volume. 

9. Degradation of Habitat for Salmonids, Other Fish, Invertebrates, and Other Aquatic 

Organisms 

The physical impacts of forest roads that were not properly constructed or are not properly 

maintained can have detrimental effects on fish and fish habitat, where vulnerable species are 

present. Mechanisms through which the improperly constructed or maintained roads exert these 

deleterious impacts include fine-sediment effects, changes in streamflow, changes in water 

temperature caused by loss of riparian cover or conversion of groundwater to surface water (or 

vice versa), and barriers to migration. The physical impacts of forest roads discussed above can 

have a widespread and profound effect on fish habitat and fish communities and populations 

across a range of environments and conditions (Lee et al., 1997). 

Serious degradation of fish habitat affecting all life-stages of fish (including migration, 

spawning, incubation, emergence, and rearing) can result from poorly planned, designed, 

located, constructed, or maintained roads, as demonstrated in a number of studies conducted in 

the Pacific Northwest (Furniss et al., 1991; Henjum et al., 1994; MacDonald et al., 1991; Rhodes 
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et al., 1994). Well-known native aquatic species affected by turbidity and sedimentation are 

salmon (coho, chinook and chum), steelhead, and trout (cutthroat and rainbow) as well as other 

native fishes and amphibians (salamanders, tailed frogs). 

Sedimentation can lead to complete loss of salmonid fisheries (Berry et al., 2003). The 

effects of forest roads on salmonid habitats have been most studied, including effects on 

migration, spawning, incubation and juvenile rearing. 

D. Description and Effectiveness of BMPs and Current Practices 

Forest roads are vital components of the human use of forested systems (Gucinski et al., 

2001). They provide access for recreation, resource extraction, fire suppression activities, and 

many other forest management activities. While improperly built and maintained forest roads can 

have detrimental effects on the water quality, the application of appropriate BMPs can minimize 

these effects. 

Owners and operators of many forest lands may already be employing a variety of effective 

approaches to manage, operate, and maintain stormwater discharges from forest roads. These 

approaches are implemented by the forest road owners themselves or by operators or users of the 

roads. Depending on the jurisdiction, owners or operators use BMPs as a result of state program 

requirements, federal requirements, or because they may follow voluntary programs, including 

forest stewardship and sustainability initiatives. Under these required or voluntary programs, 

owners and operators of forest roads use BMPs to minimize or prevent discharges of pollutants 

into surface waters. They include design approaches, treatment techniques, operating procedures, 

and practices to control runoff, spillage, and leaks. 

1. State Programs 
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Most states have forest land management laws regulating multiple aspects of forest and 

timber resources and management and the products derived from these resources. Many states 

have a complex legal framework of forestry regulations that shape the state’s forest road BMP 

programs. However, this framework and the resulting BMP programs vary considerably from 

one state to another. The content of, compliance with, and enforcement of forest road BMP 

programs vary among states. Programs differ in their substantive level of protection, their 

specificity, and their enforceability. States also differ in how they distribute responsibility and 

authority for the forest road BMP programs among the state water quality, forestry, and fish and 

wildlife agencies. This notice describes three existing state programs to illustrate some of the 

variety among the states. Descriptions of the remaining state programs may be available through 

state Web pages. 

In Washington State, the forest practices act and rules (Forests and Fish Rules) apply to all 

private and state forest roads. Forest Practices Rules require that forest landowners construct and 

maintain roads to avoid potential or actual damage to public resources, such as water quality and 

fish habitat. The Washington program addresses both new forest roads as well as existing roads. 

The program requires larger forest landowners to complete an inventory of existing roads, 

identify where roads are impacting state resources (including fish and water quality), and allows 

for prioritization of repairing, relocating, or abandoning existing roads to correct problems. All 

large forest landowners must develop and submit for approval by the Washington Department of 

Natural Resources (DNR) a Road Maintenance and Abandonment Plan (RMAP) in which they 

inventory their forest roads and outline a schedule for any needed road work, including a 

timeline to bring old roads up to current standards or to decommission or “abandon” substandard 

roads. Small forest landowners are required to submit a “checklist RMAP,” which is a form 
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landowners fill out to indicate they have assessed their roads included in a harvest and identified 

any potential road maintenance problems. While the program is enforceable, the state focuses 

first on technical assistance and then, to correct problems, uses progressive enforcement 

mechanisms and generally reserves civil penalties for more serious infractions. If a problem is 

identified, WA DNR describes the outcome expected, and the landowner describes what BMPs 

will be used to correct it. 

Forest roads that no longer need to be used or cannot meet the performance standards are 

encouraged to be abandoned. Abandonment strategies may involve the removal of stream 

crossing structures and unstable road fill, installing water bars, re-vegetating exposed soils, and 

employing other similar techniques. WA DNR must approve the roadwork before the road can 

be considered abandoned. 

Florida relies primarily on voluntary compliance with state approved forest road BMPs. 

However, BMPs can be enforced where noncompliance leads to a significant risk to water 

quality. When a significant risk has been identified, professionally-trained BMP foresters advise 

the landowners on how to implement corrective measures. Afterward, a follow-up site evaluation 

is made to reassess compliance. Landowner non-compliance with recommendations made by the 

BMP Forester could result in a referral to the appropriate regulatory agency for enforcement 

action. 

California’s Forest Practice Rules establish a comprehensive framework that includes statedeveloped and approved BMPs for silvicultural activities on private lands, including roadbuilding practices, and other related silvicultural activities. California allows coverage under one 

approach that includes requirements that closely resemble those of an individual permit, known 

as “Waste Discharge Requirements,” as well as another approach allowing the use of a “waiver” 
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whose requirements are closer to those of a general or regional permit. Having a “waiver” 

obviates the procedural need for coverage under the “Waste Discharge Requirements” program, 

but the substantive requirements of that program remain enforceable. 

The California program is based on input from state water quality and natural resource 

agencies and incorporates a formal, annual adaptive management process reflecting incremental 

analysis of BMPs, which regularly results in updated BMP requirements. The waste discharge 

requirements apply similarly and equally to both public and private lands. Enforceability of the 

Forest Practice Rules is overseen by multiple agencies: California Department of Forestry, the 

California Department of Fish and Game, and the state water Quality Control Board and 

Regional Water Quality Control Boards (California’s water quality agency). 

Many states have been monitoring forestry BMP implementation for the past 20 years or 

more. During that time, state forestry agencies have approached implementation monitoring in 

different ways with varying degrees of detail, precision, and statistical strength. In general, BMP 

implementation has been reported to be highest on public land, followed in descending order by 

forest industry land, corporate non-industrial land, and private non-industrial land (Prud’homme 

and Greis, 2002). 

Due to differences in the nature of BMP programs and the methods for measuring BMP 

implementation, comparisons of compliance rates among states are difficult. Past differences in 

survey design and statistical strength, rigor of inspections, and metrics chosen for evaluation 

within and among states also have hampered precise reporting, comparison, or evaluation of state 

or regional progress over time. 

2. USDA Forest Service Programs 

Forest Service National BMP Program 
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The goal of the USDA Forest Service (USFS) National BMP Program is to improve agency 

performance and accountability in managing water quality in a manner consistent with the CWA 

and state water quality programs. Current USFS policy directs compliance with required CWA 

permits and state rules and regulations, and requires the use of approved BMPs to control 

pollution. The National BMP Program was developed over the past decade and is currently in the 

initial states of implementation. It is intended to provide consistency among USFS administrative 

units to efficiently administer BMPs and demonstrate performance and accountability at multiple 

scales in an adaptive management context. The program is intended to meet or exceed state BMP 

objectives as well as to simplify and standardize water quality protection measures and 

monitoring on NFS land. (USDA Forest Service 2012) 

The National Core BMPs integrate existing state and USFS regional BMPs under one 

umbrella to facilitate an agency-wide BMP implementation and effectiveness monitoring 

program. The National Core BMPs provide a general, non-prescriptive framework of BMPs for 

the broad range of activities that occur on NFS lands. (Ibid.) 

Forest Service Watershed Condition Framework 

The USFS’s Watershed Condition Framework (WCF) is a comprehensive approach for 

classifying watershed condition, implementing integrated restoration in priority watersheds on 

national forests and grasslands, and tracking and monitoring outcome-based program 

accomplishments for performance accountability (USDA Forest Service 2011). The policy goal 

of the USFS WCF is “to protect National Forest System watersheds by implementing practices 

designed to maintain or improve watershed condition, which is the foundation for sustaining 

ecosystems and the production of renewable natural resources, values, and benefits.” The WCF 

provides a consistent way to evaluate watershed condition at both the national and forest levels. 
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The WCF consists of reconnaissance-level assessments by individual national forests, 

implementation of integrated improvement activities – including those related to roads – within 

priority watersheds, validation and monitoring of watershed condition class changes, and 

aggregation of program performance data for national reporting. 

Forest Service Legacy Roads Project 

The USFS has been engaged in an extensive program of road improvement efforts called the 

Legacy Roads Project since 2008. The goals of this effort are to reduce the hydrologic and 

geomorphic impacts of the existing USFS road network on critical watersheds and aquatic 

resources by decommissioning or upgrading forest roads. The Legacy Roads Monitoring Project 

is a regional effort to examine the effectiveness of the road decommissioning, storm damage risk 

reduction (aka “storm-proofing”) and road storage projects. 

3. United States Department of the Interior Bureau of Land Management Programs 

The Bureau of Land Management (BLM) manages 58 million acres of forest and woodlands 

in eleven western states and Alaska, including 2.4 million acres within the Oregon and California 

(O&C) grant lands in western Oregon. BLM O&C regulations regarding third party road uses 

provide that “The intent and expectation of both parties to agreements is that roads are left in ‘at 

least as good condition as existing prior to commencement of use’” (43 CFR 2812.6-2(b)(2)). 

The Federal Land Policy Management Act (FLPMA) requires public lands to be managed on the 

basis of multiple use and sustained yield without permanent impairment of the land and quality 

of the environment. Under Sec 502 of FLPMA, the Interior Secretary is authorized to provide for 

the maintenance of roads within and near the public lands and perform that work, in part, by 

cooperative financing with other public agencies and with private agencies and persons in 

proportion to their use. Forest roads may be constructed and maintained by logging operators, 
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private landowners, the BLM, the USFS, or state or county governments. BLM roads, culverts, 

and bridges are designed, constructed, and maintained in accordance with policies and standards 

found in BLM 9100 Manual Series (Engineering) for road BMPs. In Oregon and Washington, 

the BLM has recently (2011) updated BMPs and, as a result, current road construction and 

maintenance standards are substantially improved over the standards in existence when the CWA 

was enacted in 1972. BLM timber sale contracts contain extensive specifications related to 

methods and timing of road construction and maintenance. In addition, the BLM often includes 

operational restrictions in their timber sale contracts to reflect appropriate protections for fish 

species listed under the Endangered Species Act (ESA). 

 Under rights-of-way agreements, examples exist of private companies owning roads 

constructed on BLM lands, and BLM owning roads built on private lands. There are dozens of 

rights-of-way agreements in place on O&C lands. These agreements are subject to frequent 

amendment as landowners consolidate or sell lands or split off separate corporate entities for 

business purposes, creating a complex access program. 

4. Tribal Programs 

Tribal governments in partnership with the US government dedicate substantial resources to 

improving Indian forest management (ITC 1993). Much of the responsibility for managing 

Indian forests across the country is carried out by the Bureau of Indian Affairs (BIA) with the 

involvement of tribal governments. The National Indian Forest Resources Management Act 

(NIFRMA), Title III, P.L. 101-630, directs the Secretary of the Interior, in consultation with the 

affected Indian tribes, to obtain an independent assessment of the status of Indian forest 

resources and their management. Similar to the National Forest Management Act, the NIFRMA 

requires the development of forestry management plans under which the forests are managed in 
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accordance with BMPs, as approved thorough an interdisciplinary team. The Tribal Forest 

Protection Act (Pub.L. 108-278) authorizes the Secretary of Agriculture and the Secretary of the 

Interior to enter into an agreement or contract with Indian tribes to carry out projects to protect 

Indian forest land. Protection of such land is particularly important for tribes because they pass 

their land on from generation to generation. This helps to ensure future availability of natural 

resources, including healthy forests and clean water. 

Many tribes have taken on significant roles in sustainable forest management. For example, 

the Menominee Indian Tribe of Wisconsin manages 95 percent of the forested portions of the 

reservation for long-term sustainability through the Menominee Tribal Enterprises which has 

received certifications for sustainable management from two groups, Scientific Certification 

Systems (The Forest Conservation Program) and the Rainforest Alliance (SmartWood), and is 

accredited by the Forest Stewardship Council. As another example, the Northern Cheyenne Tribe 

requires that all new roads be obliterated and seeded after forest harvesting activities. Similarly, 

the Blackfeet Nation has a no net new road miles policy, in that new forest roads associated with 

forest harvest must be closed, or other roads must be closed in their place. 

5. Voluntary Certification Programs 

On private forestlands, significant BMP implementation can be attributed to growing 

involvement in sustainable forestry certification programs. Several certification programs exist. 

Under one program, the Sustainable Forestry Initiative (SFI) of the American Forest and Paper 

Association, member companies must meet or exceed state BMPs on company-owned forest 

land (Prud’homme and Greis, 2002). Because SFI is linked to state BMPs, the forest road BMPs 

applied under SFI vary by state. Some forest products companies impose sanctions on timber 

producers who fail to implement BMPs when logging on other ownerships. 
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Under another, the Forest Stewardship Council (FSC) certification program, certified forest 

owners and operators follow a set of principles and criteria that support responsible forest 

management (FSC 2012). Principles and criteria include conservation of biological diversity, 

water resources, soils, and unique and fragile ecosystems and landscapes. Under FSC 

certification, additional requirements tailored by region guidelines must also be met in addition 

to state BMPs. 

Under a third program, the American Tree Farm System, a written certification is issued by 

an independent third-party that attests to the sustainable management of a working forest (ATFS 

2012). In addition to requirements that they be in compliance with state BMPs, certified forest 

managers must also attest compliance with eight standards of sustainability, including the 

maintenance or enhancement of the environment and ecosystems. 

Certification programs can both help ensure implementation of state BMPs and in some 

instances require additional BMPs. Forestry operations that utilize experienced and informed 

land managers generally have higher rates of BMP implementation. Thus, many states 

recommend that landowners utilize forestry professionals (e.g., private consultants, certified 

Master Loggers) when planning any forest management operations. Many certification programs 

require involvement of forestry professionals. 

E. Successes and Remaining Challenges 

The EPA notes that successful federal, state, tribal, and local programs for controlling 

discharges from logging and forest roads currently exist in parts of the country and that many 

forest owners are implementing BMP programs to address these discharges. Some studies have 

observed trends of decreasing sediment input as forest roads are closed and storm-proofed or 

newly built or brought up to standards (e.g., Dubé et al. 2010). 
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However, not all of the existing programs have been successful at effectively addressing 

stormwater discharges from forest roads, and these discharges continue to cause or contribute to 

impairments for 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 within a basin may be attributable to a subset of forest roads or forest road segments 

(Luce 2001; Luce and Black, 1999). The following section outlines a flexible, non-permitting 

approach for addressing these remaining challenges, recognizing that the network of forest roads 

is vast and diverse and that any solution should incorporate the ability to prioritize addressing the 

more pressing water quality concerns while making consistent incremental improvements to 

reduce water quality impacts more broadly. 

III. Approaches for Addressing Discharges from Forest Roads, Including Logging Roads 

A. Developing a non-permitting approach under Section 402(p)(6) of the Act 

The EPA plans to propose revisions to its Phase I stormwater regulations (40 CFR 122.26) to 

specify that stormwater discharges from logging roads are not included in the definition of 

“storm water discharge associated with industrial activity.” At the same time, the Agency intends 

to propose designating stormwater discharges from forest roads for regulation utilizing a flexible, 

non-permitting approach authorized under section 402(p)(6) of the Act. 

The flexible approaches authorized under section 402(p) are well-suited to address the 

complexity of the forest road universe. Section 402(p)(6) of the CWA allows the EPA flexibility 

in issuing regulations to address designated stormwater discharges and does not require the use 

of NPDES permits. Specifically, the section states that the regulations “shall establish priorities, 

establish requirements for state stormwater management programs, and establish expeditious 
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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 regulated under this provision 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. 

B. Key Considerations 

The EPA continues to review issues related to stormwater discharges from forest roads and 

understands that any national program for addressing these discharges should be informed by 

several key considerations. The EPA recognized four key considerations while developing the 

potential approaches for managing stormwater discharges described in this notice: (1) the need to 

leverage existing BMP strategies as well as well as existing effective federal, state, tribal, and 

voluntary BMP-based programs; (2) the need to address the myriad of relevant site-specific 

factors that may arise across the landscape; (3) the need to prioritize actions and (4) the need to 

provide for accountability. 

Forest road stormwater management programs vary across the country in response to state or 

regional factors. The EPA will work with federal agencies, states, and tribes to understand their 

programs and other existing programs (e.g., voluntary forest certification initiatives) for 

managing stormwater discharges from forest roads and will continue this collaboration 

throughout the rulemaking process. The Agency will engage other interested stakeholders in the 

process as well. This notice provides a high level discussion of existing state, federal, private and 

tribal programs to manage discharges from forest roads. The EPA is considering approaches that 

utilize the frameworks of effective, existing BMP programs to minimize disruption to those 

programs. 
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A range of guidelines is available to assist forest owners and operators in designing and 

maintaining forest roads and selecting the appropriate BMPs to control stormwater discharges. 

For example, the EPA has issued national guidance to assist forest owners and operators with the 

protection of lakes and streams from polluted runoff that can result from forestry activity and, in 

particular, from improperly built or maintained forest roads (USEPA 2005). 

Other guidance documents have been developed by federal agencies, states, and industry, and 

standards for voluntary certification programs are also available. Building on flexible, BMPbased approaches would allow forest road owners and operators to tailor BMPs to site-specific 

factors such as soils, slope, geologic conditions, precipitation conditions, and uses. The diversity 

of the forest road networks, the different classes of roads, the different local physical conditions, 

and the broad range of road conditions and uses supports an approach that allows tailoring in 

how BMPs are selected and implemented. The approaches described in this notice would allow 

owners and operators to tailor the BMPs they use to address water quality concerns unique to 

each setting. 

The EPA also recognizes the need to consider additional factors in developing the structure 

of any potential proposed rule due to the complexity and vastness of the forest road network and 

diversity of the forested landscape. For example, the EPA is considering differences among 

forest uses; ownerships of different sizes; and types of ownership including public, private, and 

tribal-owned lands; as well as forest road conditions, type, and usage. Moreover, the selection of 

appropriate BMPs can vary based on site-specific factors, including topography, road design, 

soils, geologic factors, road use, and climate. The EPA is considering proposing approaches that 

ensure the appropriate management of stormwater discharges from forest roads and enable forest 
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road owners and operators to consider site-specific factors in identifying the most appropriate 

BMPs. 

The EPA recognizes the importance of prioritization in allocating resources once water 

quality issues and potential solutions are identified to better leverage available resources. Under 

the potential approaches described in this notice, EPA would develop a process for evaluating 

which discharges for forest roads should be covered by regulation, and the Agency would seek 

comment on this process. The approach would then incorporate the ability to prioritize 

addressing the highest priority water quality concerns, among those forest roads that are 

included, while making consistent incremental improvements to address water quality impacts 

more broadly. Such an approach could facilitate the allocation of resources to address discharges 

in order to protect high quality, or pristine, waters. This flexibility would allow the allocation of 

resources in the most efficient and effective manner, based on the priorities of the particular 

location. Existing factors, requirements, or commitments could be used to assist in the 

prioritization process. For example, addressing identified forest road problems in watersheds 

providing beneficial uses such as fish spawning or public water supply may be a high priority in 

some areas while waters listed as impaired or included in an existing TMDL could be high 

priority in others. Moreover, the EPA anticipates that work already completed under existing 

programs (e.g., the EPA’s Healthy Watersheds Initiative or the USDA USFS’s Watershed 

Condition Framework, TMDL-related assessment, or Source Water Protection Plans) or input 

from third parties and the public could be valuable in determining priorities under this approach. 

Lastly, accountability is a key element of a successful approach that will help to ensure that 

stormwater discharges from forest roads are properly managed across the country and that 
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reasonable progress in addressing inadequately managed stormwater discharges is made over 

time. 

C. Approaches for Managing Stormwater Discharges from Forest Roads under 402(p)(6) 

The above considerations have informed the development of the potential general approaches 

for managing stormwater discharges from forest roads, as discussed in this section. The Agency 

intends to propose designating stormwater discharges from forest roads for regulation under 

section 402(p)(6) of the Act, which authorizes the EPA to use flexible, non-permitting 

approaches to address designated discharges. 33 U.S.C. 1342(p)(6). The EPA presents two 

preliminary approaches below. 

The first general approach would provide for the management of stormwater discharges from 

forest roads principally through state and tribal programs. Under this approach, states and tribes 

would develop and maintain stormwater management programs that meet certain criteria 

established by the EPA through regulation (e.g., a set of minimum elements). The criteria would 

be based on those that make existing programs successful and could include such elements as: an 

approach for completing an inventory of forest roads; requirements for best management 

practices for forest roads; guidelines for prioritizing and addressing water quality concerns 

related to stormwater discharges from existing forest roads; accountability measures; public 

involvement; and a program for monitoring or auditing to assess program compliance and 

effectiveness. The EPA seeks comment on appropriate criteria and a process for verifying those 

criteria, such as certification by the state. The EPA anticipates that some states and tribes may 

have existing programs that meet most or all of such criteria. The forms that these elements take 

vary from state to state, as the following examples demonstrate. First, all of the programs 

described in this notice and many other existing state and tribal programs already provide for 
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forest roads BMPs, but some of the programs are voluntary and others are mandatory. Second, 

many existing programs also already include accountability measures, but these also vary. For 

example, the California program resembles a permit program and is mandatory, and the Florida 

program, while voluntary, is enforceable where noncompliance leads to a significant risk to 

water quality. Third, some programs already include provisions to inventory and assess existing 

forest roads, but the specifics of the programs differ. For example, the Washington State RMAP 

program requires owners and operators to inventory their forest roads and outline a schedule to 

address the old roads, and the Forest Service Watershed Condition Framework provides for the 

assessments of national forests and implementation of improvement strategies within priority 

watersheds including those related to roads. The EPA continues to gather information on 

existing state and tribal programs and the elements of those programs and requests comment on 

the effectiveness of each. 

Some states or tribes may need to make modifications or add elements to their programs to 

meet the criteria established by the EPA. For states or tribes that do not have such programs, the 

EPA would provide technical assistance to help them to develop such programs, drawing from 

the expertise of USFS, BLM, tribes, and states with existing programs. The EPA would consider 

the appropriate amount of time to facilitate state and tribal establishment of such programs. The 

program could also explicitly allow formal agreements such as those between state water quality 

or forestry agencies and other state and federal agencies (including state or regional offices of 

federal agencies) in recognition of the existing agreements that have demonstrated improvements 

to water quality protection through implementation of BMP programs and operation and 

maintenance of forest roads on state and federal lands. State or tribal programs could also 
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incorporate mechanisms for assuring compliance through private or third-party certification 

programs. 

The Agency could periodically review and certify that the state programs meet the minimum 

criteria identified in regulations. The EPA plans to propose and request comment on the level of 

review that the Agency would take in the development of the state programs. The EPA 

anticipates that state authorities would also include the opportunity for public input into the 

development of the state program. 

Owners and operators of forest roads could be designated for regulation and would be in 

compliance with the regulation if they were operating pursuant to those programs or pursuant to 

an approved formal agreement. In states or tribal reservations where such a program would not 

be developed, owners and operators would comply directly with BMPs developed by the EPA, as 

discussed below. 

As either a backstop to the approach discussed above, or as an alternative approach, the EPA 

could develop a BMP framework that would apply directly to owners and operators of forest 

roads that discharge stormwater to waters of the US. This approach could, without using NPDES 

permits, require owners and operators of forest roads to use BMPs to control their stormwater 

discharges through development and implementation of a plan to address stormwater discharges 

from forest roads. Plans would describe the BMPs they selected, how the BMPs will control 

stormwater discharges, how they will be maintained, and how their performance will be 

assessed. This approach could also include requirements that owners or operators inventory and 

identify forest roads that discharge stormwater; implement and maintain BMPs according to a 

schedule that allows for prioritization in addressing water quality concerns related to stormwater 

discharges from forest roads; regularly assess BMP performance; and maintain records. Under 
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this approach, the EPA could provide guidelines for selecting appropriate BMPs that recognize 

state or tribal guidelines, regional differences and site-specific factors, as well as allow for 

formal agreements with federal and state agencies. 

In recognition of the diverse universe of forest roads, as discussed above, which may include 

multiple owners and multiple users of the same corridor, this general approach could allow 

multiple owners and operators to be covered under the same plan developed for a particular area 

or to develop a cooperative agreement. This approach would also allow a single plan to address 

road networks covering large areas. The plans or agreements could also indicate whether owners 

and operators have operational control over only limited or specific segments of forest road 

corridors. In these cases, owners and operators would only be responsible for the segments over 

which they have operational control. 

While the EPA has provided two general approaches above, the Agency notes that there 

could be multiple ways in which the Agency could develop the above approaches as well as 

alternative approaches, given the broad flexibility afforded by CWA Section 402(p)(6). The EPA 

invites suggestions on these approaches and alternative approaches to address stormwater 

discharges from forest roads. As stated in the summary, the EPA will again seek comment on 

any proposed rule before taking final action. 

D. Outreach and Stakeholder Involvement 

The EPA is in the process of reviewing available information on both the water quality 

impacts of stormwater discharges from forest roads as well as existing practices for their control. 

Consistent with past Agency actions, the EPA invites interested stakeholders and the public to 

share in the exchange of information and to engage as the Agency moves forward with the 
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development of an approach for addressing stormwater discharges from forest roads, including 

logging roads. 

The Agency participated in the recent technical symposium hosted by the Society of 

American Foresters during which EPA scientists and engineers had the opportunity to hear 

perspectives on forest roads and the Clean Water Act from state and industry representatives 

directly. In addition, the EPA has begun communicating with states, tribes, and other federal 

agencies to understand their current forest road stormwater management programs. The Agency 

worked closely in particular with USDA (the USFS) and the Department of the Interior (the 

BLM). The EPA also welcomes information from other interested parties and plans to work 

closely with other stakeholders moving forward. 

The EPA encourages stakeholders and the public to provide input into the development of 

Agency actions and is already planning to host public meetings and webcasts to provide a forum 

for them to do so. 

E. Next Steps 

EPA is initiating work on this rulemaking effort and plans to hold listening sessions to obtain 

stakeholder input this summer. The Agency anticipates proposing a rule by fall 2013 and taking 

final action by fall 2014. 

IV. Request for Comment 

The EPA requests comment on the potential approaches that the Agency is considering for 

regulating stormwater discharges from forest roads outlined in this notice as well as other 

potential approaches for addressing these discharges. The Agency also seeks comment on the 

process that the Agency would develop for evaluating which discharges for forest roads should 

be covered by regulation, the minimum criteria of such programs, and on the process for 
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verifying those criteria. The EPA also invites suggestions on alternative approaches to address 

stormwater discharges from forest roads. 

The Agency seeks input on examples of successful existing BMP-based state programs, tribal 

programs, and voluntary certification-oriented-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 comment on any proposed rule before taking final action. 

V. References 

Adams, Darius M.; Haynes, Richard W.; Daigneault, Adam J. 2006. Estimated timber harvest by 

U.S. region and ownership, 1950-2002. Gen. Tech. Rep. PNW-GTR-659. Portland, OR: U.S. 

Department of Agriculture, Forest Service, Pacific Northwest Research Station. 64 p. 

Aitken, W.W. 1936. The reaction of soil erosion to stream improvement and fish life. Journal of 

Forestry. 34:1059-1061. 

Anderson, H.W., Hoover, M.D. and K.G. Reinhart. 1976. Forest and water: Effects of forest 

management on floods, sedimentation and water supply. USDA Forest Service, General 

Technical Report PSW-18. San Francisco, California. 

American Tree Farm System (ATFS). 2012. http://www.treefarmsystem.org. (visited April 

2012). 
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Berry, W., Rubinstein, N., Melzian, B. and B. Hill. 2003. The Biological Effects of Suspended 

and Bedded Sediment (SABS) in Aquatic Systems: A Review. United States Environmental 

Protection Agency, Office of Research and Development, National Health and Environmental 

Effects Laboratory, Narragansett, RI and National Health and Environmental Effects Laboratory, 

Midcontinent Ecology Division, Duluth, MN. August 20, 2003. 

http://www.epa.gov/waterscience/criteria/sediment/appendix1.pdf. 

Beschta, R.L. 1981. Management implications of sediment routing research. Chapter in: 

Measuring and assessing the effectiveness of alternative forest management practices on water 

quality. NCASI Technical Bulletin 353. National Council for Air and Stream Improvement. New 

York, NY. August 1981. 

Beschta, R.L.; Bilby, R.E.; Brown, G.W. 1987. Stream temperature and aquatic habitat: fisheries 

and forestry interactions. In: Salo, E.; Cundy, T., eds. Streamside management: forestry and 

fishery interactions. Contrib. 57. Seattle: University of Washington, College of Forest Resources: 

191-232. 

Binkley, D. and T.C. Brown. 1993. Forest practices as nonpoint sources of pollution in North 

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Proceedings of the tenth biennial southern silvicultural research conference. Gen. Tech. Rep. 

SRS-30. Asheville, NC: US Department of Agriculture, Forest Service, Southern Research 

Station: 271–276. 

Title: Notice of Intent to Address Stormwater Discharges from Forest Roads, Including Logging 

Roads, using a Non-Permitting Approach under the Clean Water Act 

Dated: 

_______________________________ 

Nancy K. Stoner 

Acting Assistant Administrator