In a recent unanimous decision, the U.S. Court of Appeals for the Eighth Circuit thoroughly renounced the Environmental Protection Agency’s attempts to revise, by using guidance letters instead of formal rulemaking procedures, National Pollutant Discharge Elimination System rules to limit wet weather treatment options (i.e., the use of blending) and prevent the use of bacteria mixing zones when permitting NPDES discharges (Iowa League of Cities v. EPA, 711 F.3d 844 (8th Cir. 2013)). The court also concluded that a blending prohibition was beyond EPA’s statutory authority. The Iowa League decision represents a major victory for municipal interests across the country. By EPA’s own estimate, the blending ban alone imposed over $150 billion in costs nationwide. The costs associated with a bacteria mixing zone ban was never estimated. However, one Midwest state official observed a federal bacteria mixing zone prohibition would have put every stormwater discharger in their state in noncompliance with no reasonable way to ever meet the permit limitations.

This webinar will reflect on the events leading up to the filing of the case, the evolution of EPA’s guidance on these issues, and the Eight Circuit’s decision. It also will look at what the decision means for the regulated community and more broadly, the implications on an agency’s ability to usurp rulemaking procedures to impose binding requirements on the regulated community.

This Bloomberg BNA webinar is designed to:
•Explain blending and bacteria mixing zones and why municipalities want to utilize such strategies
•Provide background on the applicable Clean Water Act provisions and regulations
•Review EPA’s previous guidance and summarize the decade-long litigation filed on these issues
•Analyze the court decision, the vacated bacteria mixing zone and blending prohibitions, and the impact on the regulated community as well as future wet weather programs
•Discuss EPA guidance, letters, and informal approaches that circumvent the formal rulemaking process

Register easily and securely to reserve your space now for Bloomberg BNA's upcoming EHS Webinar and get a $75 discount as a BNA subscriber! Or, call 800-372-1033, menu Option 6, submenu Option 1, and refer to the date and title of this conference. Lines are open from 8:00 a.m. to 8:00 p.m. ET, excluding most federal holidays.

Don’t miss this opportunity to hear a lively, dynamic presentation. Not only are EHS Webinars an excellent way for you to stay current, with Bloomberg BNA you also get:
•Quality. Count on it. Nothing is canned.
•Objectivity. BNA provides you with the best and most objective information. Unlike other companies, we don’t use our Webinars as a forum to sell outside solutions.
•Affordability. EHS Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in—all for the price of a single registration.
•Convenience. No airlines. No travel. No time out of the office.

In addition, you’ll receive:
•Personal attention. Once you’ve registered, send your questions in advance to annebrown@bna.com and they’ll be included in the program. You’ll also have a chance to ask your questions during the Webinar.
•Follow-up materials. You need no materials upfront to follow along to our live conference. But BNA always issues a follow-up e-mail with contact information for our speakers as well as other materials related to the topic.
•CLE credits will be available for this EHS Webinar.