APPENDIX

19a
effluent limitations. EPA’s position was and
continues to be that most rainfall runoff is
more properly regulated under section 208 of
the FWPCA [which does not require NPDES
permits], whether or not the rainfall happens
to collect before flowing into navigable waters.
Agricultural and silvicultural runoff, as
well as runoff from city streets, frequently
flows into ditches or is collected in pipes before
discharging into streams. EPA contends
that most of these sources are nonpoint in
nature and should not be covered by the
NPDES permit program.
40 Fed. Reg. 56932 (Dec. 5, 1975) (emphasis added).
Two months later, in February 1976, EPA proposed
a revised Silvicultural Rule and solicited public
comment. EPA wrote,
[T]he Agency has carefully examined the relationship
between the NPDES permit program
(which is designed to control and eliminate
discharges of pollutants from discrete
point sources) and water pollution from silvicultural
activities (which tends to result from
precipitation events). It has been determined
that most water pollution related to silvicultural
activities is nonpoint in nature.
41 Fed. Reg. 6282 (Feb. 12, 1976).
EPA continued:
Those silvicultural activities which are
specified in the regulations (rock crushing,
gravel washing, log sorting and log storage
facilities), and are thus point sources, are
subject to the NPDES permit program. Only