Document 5b8X0877MzD8K1VrBeLQKzLMD

E. Sco tt P ruitt A dministrator September 13, 2017 Mr. Douglas Green Ms. Margaret Fawal Venable LLP 600 Massachusetts Avenue, N.W. Washington, D.C. 20001 Mr. Samuel B. Boxerman. Sidley Austin LLP 1501 K Street, N.W. Washington, D.C. 20005 Re: Petitions Concerning Coal Combustion Residuals Rule Dear Mr, Green, Ms, Fawal and Mr. Boxerman: This letter concerns the petitions from the Utility Solid Waste Activities Group, dated May 12, 2017, and from AES Puerto Rico LLP, dated May 31, 2017, to the U.S. Environmental Protection Agency requesting the EPA to initiate rulemaking to reconsider provisions o f the final rule titled "Hazardous and Solid Waste Management System; Disposal of Coa! Combustion Residuals," 80 Fed, Reg. 21,302 (Apr. 17, 2015} and requesting that the EPA seek to hold in abeyance the legal challenges to the final rale, Utility Solid Waste Activities Group, et ai. v. EPA, No. 15-1219 and consolidated cases (D.C. Cir,,). After reviewing your petitions, I have decided that it is appropriate and in the public interest to reconsider the provisions of the final rule addressed in your petitions, in light of the issues raised in your petitions, as well as the new authorities provided in the recently enacted Water infrastructure improvements for the Nation Act, Pub, L. No. 114-322, 130 Stat. 1628 (2016). The EPA expects to respond to your requests that the agency seek to hold the litigation in abeyance prior to the September 18,2017, deadline to submit a proposed ora! argument structure to the U.S. Court of Appeals for the District of Columbia Circuit. This letter does not address the merits of any issue raised in the petitions. If the EPA decides to begin the process of potentially revising provisions of the final rule, the agency will promptly inform the court of the portions of the final rule if any, that it will seek to have remanded to the agency. I T T P kxxsvi.vaxia Avr, X W * M as:, C ods-: 110IA * W ashington', DC 20460 * 202) 004-1700 * Fax: (202) 00S-I !A0 0 "Asi caper A printed with inks sad is iBO-pstet!! postearssnassr tenysteo! sPtodna-iteA-prasdSiSSii and rgoyryateie Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00088249-00001 As part of the reconsideration process, if the EPA conducts a rulemaking to potentially revise any part of the final rule, the .EPA will provide an opportunity for notice and public comment. If you have questions regarding the reconsideration process, please contact Barnes Johnson at (703) 308-8895. If you have any questions or wish to discuss the litigation, please have your counsel direct inquiries to Perry Rosen at (202) 353-7792, E. Scott Pruitt Sierra Club v. EPA 18cv3472 NDCA Tier 3/4 ED 002061 00088249-00002