APPENDIX

13a
U.S. at 842–43. However, because EPA relied on the
legislative history of the FWPCA in promulgating
the Silvicultural Rule at issue in this case, we recount
some of that history as background to our
analysis of the Rule.
The FWPCA established “distinctly different methods
to control pollution released from point sources
and that traceable to nonpoint sources.” Pronsolino
v. Nastri, 291 F.3d 1123, 1126 (9th Cir. 2002). The
Senate Committee elected to impose stringent permitting
requirements only on point sources because
“[t]here is no effective way as yet, other than land
use control, by which you can intercept [nonpoint]
runoff and control it in the way that you do a point
source. We have not yet developed technology to deal
with that kind of a problem.” 117 Cong. Rec. 38825
(Nov. 2, 1971) (statement of Sen. Muskie).
The House and Senate committees made clear
that the term “point source” was not to be interpreted
narrowly. “By the use of the term ‘discharge of
pollutants’ this provision [§ 402] covers any addition
of any pollutant to navigable waters from any point
source.” H.R. Rep. No. 92–911, at 125 (1971). The
Senate Committee Report instructed that
the [EPA] Administrator should not ignore
discharges resulting from point sources other
than pipelines or similar conduits.... There
are many other forms of periodic, though frequent,
discharges of pollutants into the water
through point sources such as barges, vessels,
feedlots, trucks and other conveyances.
S. Rep. No. 92–414, at 51 (1971), 1972 U.S.C.C.A.N.
3668, 3760. Senator Dole explained his understand-