APPENDIX

21a
(i) The pollutants discharged are induced
by natural processes, including precipitation,
seepage, percollation [sic], and runoff;
(ii) The pollutants discharged are not traceable
to any discrete or identifiable facility;
and
(iii) The pollutants discharged are better
controlled through the utilization of best
management practices, including process and
planning techniques.
In contrast to these criteria identifying
nonpoint sources, point sources of water pollution
are generally characterized by discrete
and confined conveyances from which discharges
of pollutants into navigable waters
can be controlled by effluent limitations. It is
these point sources in the silviculture category
which are most amenable to control
through the NPDES permit program.
41 Fed. Reg. 24710 (Jun. 18, 1976). EPA specifically
noted that the single criterion for point sources—
resulting from “controlled water used by a person”—
was underinclusive. EPA pointed out that some point
source discharges take place “regardless of any
[prior] contact with water,” such as discharges of
wood chips and bark directly into navigable water.
Id.
However, the actual text of the final version of
the Silvicultural Rule was little changed from the
version proposed in February. See 41 Fed. Reg.
24711 (Jun. 18, 1976). The revised Rule provided in
pertinent part:
Silvicultural activities.