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<br />002982 <br /> <br />Position No. 228 <br /> <br />Silviculture <br /> <br />The Council is also concerned about EPA's proposal to recognize silvicultural activities as <br />point sources. This proposed rule changes more than two decades of consistent and intentional <br />Congressional and agency recognition of silvicultural activities as nonpoint sources not subject to <br />NPDES permit requirements. The character of most silvicultural activities as nonpoint and the policy <br />determination to manage those activities through planning and management techniques rather than <br />permits is firmly rooted in the CW A and its legislative history. In many cases state programs are built <br />around the differences between point and nonpoint source discharges and the responsibilities are split <br />between state agencies. Subjecting these activities to permitting or Section 401 certification will only <br />add duplication of effort by various state agencies, particularly in those states with mandatory best <br />management practices for silviculture activities, EPA itself expressed the statutory basis for identifying <br />most silvicultural sources as nonpoint in its original proposal for the regulatory definition of nonpoint <br />silvicultural activities: <br /> <br />"Taking [public] comments, as well as the legislative history, the statutory language, the <br />NRDC v. Train decision, and the technical data available on silvicultural activities into <br />consideration lilt has been determined that most water pollution related to silvicultural activities <br />is nonpoint in nature. The potential risk and the cost of litigation over forcing this issue may <br />well be out of proportion to any possible benefits, " <br /> <br />Pollutant Offsets <br /> <br />The proposed regulations would require pollutant load offsets for new or significantly <br /> <br /> <br />expanding discharges in impaired waters. Absent new Congressional authority, the Council believes it <br /> <br /> <br />is premature to impose such requirements, The complexity of administering such a pollution offset <br /> <br /> <br />program should not be minimized, There has not been sufficient work and discussion to properly <br /> <br /> <br />address the many significant implementation issues that would immediately surface, Resources would <br /> <br /> <br />be inappropriately drawn to the many legal disputes this would cause, The Council believes that the <br /> <br /> <br />issue of pollutant offsets must be delayed until more thorough proposals for implementation are <br /> <br /> <br />developed including obtaining additional Congressional authority. <br /> <br />10 <br />