E.

SCOTT PR U I TT

ADM I N I ST RATO R

August 11, 2017

Mr. Harry M. Johnson
Hunton & Williams, LLP
Riverfront Plaza, East Tower
951 East Byrd Street
Richmond, Virginia 23129-4074
Mr. Major Clark
Mr. Kevin Bromberg
U.S. Small Business Administration
Office of Advocacy
409 3rd Street, SW, 7th Floor
Washington, D.C. 20416
Re: Petitions for Agency Reconsideration and Stay of Effluent Limitations Guidelines and
Standards for the Steam Electric Power Generating Point Source Category
Dear Mr. Johnson, Mr. Clark and Mr. Bromberg:
This letter concerns petitions from the Utility Water Act Group dated March 24, 2017, and
the U.S. Small Business Administration dated April 5, 2017, to the U.S. Environmental Protection
Agency requesting reconsideration and an administrative stay of provisions of the EPA ' s final rule
titled "Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating
Point Source Category," 80 FR 67838 (November 3, 2015). As you know, in a letter dated April
12, 201 7, I announced that the EPA would be reconsidering the 2015 rule in light of the petitions.
After carefully considering your petitions, I have decided that it is appropriate and in the
public interest to conduct a rulemaking to potentially revise the new, more stringent Best Available
Technology Economically Achievable effluent limitations and Pretreatment Standards for Existing
Sources in the 2015 rule that apply to bottom ash transport water and flue gas desulfurization
wastewater. As part of the rulemaking process, the EPA will provide notice and an opportunity for
public comment on any proposed revisions to the 2015 final rule. The EPA also intends to inform
the U.S. Court of Appeals for the Fifth Circuit that it seeks to have challenges to those portions of
the 2015 rule severed and held in abeyance pending completion of further rulemaking.

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 If you have questions regarding the reconsideration process, please contact Mike Shapiro
at (202) 564-5700. If you have any questions or wish to discuss the litigation, please have your
counsel direct inquiries to litigation counsel at the Department of Justice, Martin McDermott at
(202) 514-4122.

Respectfully yours,

E. Scott Pruitt