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EPA Again Clouds Silvicultural Exemption The U.S. Environmental Protection Agency and the Army Corps of Engineers are raising new questions which may affect forestry's exemption to Clean Water Act section 404 permitting. EPA's proposed rule would establish a "rebuttable presumption" that because of the nature of the equipment and activities, mechanized landclearing, ditching, channelization, in-stream mining, or other mechanized excavation activity in wetlands produce more than "incidental fallback"-and require a Section 404 permit. While EPA affirms that "normal silviculture activities" are exempt from Section 404 permitting, it ominously notes that redeposits of material resulting from exempt activities will receive "particularly careful scrutiny." The American Forest and Paper Association infers that EPA is attempting to establish that certain practices, such as mechanized site preparation, are not "normal silvicultural activities." EPA will receive comments until October 16. Return to Public Policy Archive Forest Resources Association
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