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UNITED STATES ENVIRONMENTAL PROTECTION AGENCYWASHINGTON, D .C. 20460

The Honorable Kurt SchraderHouse of RepresentativesWashington, DC 20515Dear C ongressman Schrader:Thank you for your M ay 23, 2011, letter regarding the August 17, 2010, ruling of the U.S. Court ofAppeals for the Ninth Circuit in Northwest Environmental Defense Center (NED C) v. Brow n, 617 F.3d1176 (9th Cir. 2010) regarding long standingNational Pollutant Discharge Elimination System (NPD ES)regulations effecting the m anagem ent of stormwater from forest roads.The Court in NED C v. Brown held that stormwater runoff from ce rtain logging roads that is collected byand discharged from a system of ditches, culverts and channels is a point source for which an NPD ESperm it is required. The dec ision applies to those forest roads that (1) are primarily used for logging; and(2) discharge channeled stormw ater from a system of ditches, culverts or channels to a water of theUnited States.Certain activities and features associated with loggiiig, inciudirg roads aid road diths,ciateopportunities for water channeling and flow diversion, which, if not properly controlled and directed,can generate erosive flows. Such flows can degrade a quatic ecosystems by increasing levels of finesediment introduced to streams and by altering natural streamfiow patterns. Increased sediment deliveryand stream turbidity adversely affects the survival of dozens of sensitive aquatic biota such a s salmon,trout, other native fishes, amphibians and m acroinvertebrates. Roads are generally considered to be themajor source of sedim ent to water bodies from harve sted forest lands. They have been found tocontribute up to 90 percen t of the total sediment load from fore stry activities.1Properly locating, designing and m aintaining logging roads can significantly reduce environmentalthreats - and rem ove roads from NPDES jurisdiction, as interpreted in NEDC v. Brown. Many loggingroad operators already emp loy these practices. Historically, logging roads were intentionally designed todirect stormwater into streams via ditches, channels, and culverts. More recent design standards seek todirect drainage onto porous forest soils for infiltration, so they do not discharge into waters of the UnitedStates. The NEDC v . Brown decision does not encom pass roads that adhere to such standards.EPA continues to m eet with stakeholders to discuss long-term options. Discussions with stakeholdershave been and will continue to be invaluable in assisting the EPA to respond to NEDC v. Brown.Leveraging stakeholders' extensive expertise, the EPA will seek to design a response that minimizes1 United States Environmental Protection Agency, 2005, National Management Measures to Control Nonpoint SourcePollution from Forestry, EPA-841-B-05-O0 1, p. 2-4.

Internet Address (LJRL) http://www.epa.govRecycled/Recyclable Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper

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unnecessary burdens a nd prom otes flexibility to the greatest extent possible w hile carrying out therequirements of the Clean Water Act.In the short term, where the EPA is the NPDES perm itting authority, operators who want perm itcoverage m ay seek coverage under the September 29 , 2008, Multi-Sector General Permit forStormwater Discharges Associated w ith Industrial Activities (MS GP). Alternatively, operators m aysubmit an individual permit application.Thank you again for sharing your concerns with us. If you have further questions, please contact m e oryour staff may ca ll Greg Spraul in the EPA's Office of Congressional and Intergovernmental Relationsat (202) 564-0255.

Nancy K. StoherActing Assistant Administrator