Document vy35JL5QzOnN0XxNq2vMDrBq
Att. 4
From: To:
Subject: Date: Attachments:
Denton. Loren Hannon. Arnita: Cook-Shvovitz. Becky: Samv. Kevin: Pollins. Mark: Giles-AA, Cynthia: Stoner. Nancy: Nagle, Deborah: Bosma. Connie: Shinkman. Susan: Chester. Steven: Weiss. Kevin: Crossland. Andv: Sawyers. Andrew RE: Status: Briefing; TPs Thursday, December 12, 2013 4:59:45 PM DeputyAdministratorBriefinaDec2013USCMNLCNACoDialoaueMto.docx s I .-ii , r f irs f [ / / i 11 I c 'l.docx
Attached are Bob P's talking points and a one-pager on Iowa League of Cities in case he gets a question on it.
Loren Denton Chief, Municipal Enforcement Branch Water Enforcement Division U.S. EPA (2243A) Washington, D.C. 20460 Phone:(202)564-1148
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From: Weiss, Kevin Sent: Thursday, December 12, 2013 4:25 PM To: Denton, Loren Subject: FW: Status: Briefing; TPs
From: Flannon, Arnita Sent: Thursday, December 12, 2013 3:26 PM To: Weiss, Kevin; Crossland, Andy Cc: Sarny, Kevin; Cook-Shyovitz, Becky Subject: Status: Briefing; TPs
Hi Guys! Are you close to sending the Briefing and Talking Points over? Please cc Kevin Sarny and Becky CookShyovitz when you send this material just in case I've had to leave the office. I am also having trouble sending messages from my blackberry and just got back to my desk so really sorry about having to be a pain J !
Thx as always,
Arnita
PS - Just got word that Nancy Sutley's schedule will prevent her from coming tomorrow fyi!
M. Arnita Flannon
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Intergovernmental Liaison Office of Congressional and Intergovernmental Relations US EPA 1200 Pennsylvania Avenue, NW Washington, D.C. 20460 202.564.3704 (O) 202.302.9109 (M) 240.602.7118 (C) 202.501.1545 (Fax) hannon.arnita(5)epa.gov
Att. 4
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Att. 4
If asked about EPA's response to Iowa League of Cities:
EPA received a letter dated November 26, 2013 from the U.S. Conference of Mayors, the National League of Cities and other organizations requesting clarification of the Agency's position on the Iowa League of Cities decision in the 8th Circuit Court of Appeals. EPA is currently reviewing the letter and will provide a response in the near future.
Background of Iowa League of Cities Decision
In Iowa League of Cities v. EPA (March 25, 2013) the Eighth Circuit Court of Appeals:
(1) vacated portions of two letters that EPA sent to Senator Grassley in response to his questions about blending and mixing zones because the letters constituted legislative rules that were promulgated without notice and comment rulemaking in violation of the APA; and
2) held that EPA exceeded it statutory authority insofar as it imposes secondary treatment regulations on flows within treatment facilities (e.g. apply effluent limitations to the discharge of flows from one internal treatment unit to another), and thus within the Eight Circuit this decision will have practical effect of limiting how the Agency approaches blended wastestreams.
The Liglith Circuit's opinion is inconsistent w ith LPA's long-standing interpretation of the Clean Water Act. the In pass rule and the secondary treatment standard as prohibiting the routing of waste streams around secondaiy treatment units and subsequently blending the partialh treated wastewater bach in w ith treated Hows. LPA's position is that blending is a bypass and can onl\ be justified upon a demonstration of'"no feasible alternatives."
LPA has determined that the Iowa League nf( "uies ' interpretation of blending and Inpass is binding w ithin the Liglith Circuit. Outside the Liglith Circuit. LPA w ill continue to apply the bypass rule consistent w ilh the Agency's existing interpretation of its regulations.
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