Document RpDODDq1X4o1kB3mBGVa623Nz

L. Sco i i I'iu h i Administrator 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 C'oal Combustion Residuals Rule Dear Mr. Green. Ms. Fawal and Mr. Boxerman: I his letter concerns the petitions from the LJtility Solid Waste Activities Group, dated May 12. 2017. and from ALS Puerto Rico LLP, dated May 31, 2017, to the U.S. Environmental Protection Agency requesting the EPA to initiate rulemaking to reconsider provisions of the final rule titled "Hazardous and Solid Waste Management System: Disposal of Coal 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 linal rule. Utility Solid Waste Activities (iroi/p, el al. 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 linal 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 oral 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 linal 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. 1200 l'l.wsYivyma Avi. NW M.vu Com llolA Washington. DC 20460 (202) ,764-4700 Fax: (202) .01-I4.>0 tm This paper is printed with vegetable oo based inks and is 100-percenl postconsumer recycled material, cnlonne-free-processed and recyc'able As part of the reconsideration process, if the HPA conducts a rulemaking to potentially revise any part of the final rule, the FRA 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. L. Scott Pruitt