US EPA has announced that it 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." EPA is taking this action in response to the 9th Circuit Court of Appeals decision in Northwest Environmental Defense Center (NEDC) v. Brown, which addressed the question of whether discharges from certain logging roads require National Pollutant Discharge Elimination System (NPDES) permits.
The Agency intends to clarify that a permit is not required for these discharges.
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