APPENDIX

41a
Finally, the Timber Defendants contend that,
even if the logging industry is classified by the Phase
I rule and SIC 2411 as industrial, the logging sites
are not “industrial facilities” because they are not
typical industrial plants. Therefore, according to the
Timber Defendants, any roads serving logging sites
cannot be the “immediate access roads” covered by
this rule. We continue to disagree. The definition of a
“facility” engaging in “industrial activity” is very
broad. The applicable Phase I rule provides that
many industrial facilities beyond traditional industrial
plants “are considered to be engaging in ‘industrial
activity,’” including mines, landfills, junkyards,
and construction sites. 40 C.F.R. § 122.26(b)(14)(iii),
(v), (x).
EPA’s comments to the Phase I rules explain the
breadth of the definition:
In describing the scope of the term “associated
with industrial activity”, several
members of Congress explained in the legislative
history that the term applied if a discharge
was “directly related to manufacturing,
processing or raw materials storage
areas at an industrial plant.”
55 Fed. Reg. at 48007. However, EPA stated that it
was not limiting the coverage of the rule to discharges
referenced in this legislative history. It explained:
Today’s rule clarifies the regulatory definition
of “associated with industrial activity” by
adopting the language used in the legislative
history and supplementing it with a description
of various types of areas that are directly
related to an industrial process (e.g., indus-