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### Moran, Nicole

From: Moran, Nicole Sent: Tuesday, August 25, 2015 12:49 PM To: Christine Mennicke Subject: RE: Comment Letter - KS' Draft CCR Part 256 Plan

Hi Christine, In response to your questions, please see the answe rs below.

Regarding the first question, your answer here abou t the responsiveness summary looks fine to us.

Regarding the second question, yes states are suppo sed to submit a list of “open dumps – ie, facilitie s that do not meet the requirements of the rule (which includes the fa ilure to meet the time frames in the rule)—for incl usion on a published inventory of open dumps. Facilities on t his list (or identified to EPA as open dumps) are t he ones that are eligible for compliance schedules. EPA is statutor ily obligated to publish an inventory of open dumps . See RCRA Section 4005(b). Also, EPA acknowledged this in the preamb le and committed to publish “an initial inventory a nd likely subsequent periodic updates.” See 80 Fed Reg at 21 431-21432.

Hope this helps and please let me know if you have any further questions. Thanks,
Nicole

Nicole Moran US Environmental Protection Agency, Region 7 Air and Waste Management Division Waste Enforcement and Materials Management Branch 11201 Renner Boulevard Lenexa, KS 66219 913-551-7641 (phone) moran.nicole@epa.gov

From: Christine Mennicke [mailto:cmennicke@kdheks.gov]
Sent: Tuesday, August 18, 2015 3:31 PM

To: Moran, Nicole Subject: RE: Comment Letter - KS' Draft CCR Part 256 Plan

Nicole,

I have questions on a few of your comments:



### Section 256.60: EPA suggests Kansas provide some information on how they document public comme nts and their response to comments. Section 256.62(a): EPA suggests KS provide information on how they document public comment on regulations and their responses to those comments.2 Is this what you’re looking for?

“ 

### The responsiveness summary contains all comments received during the public comment per iod and hearing as well as KDHE’s response to comments. It will be made available on the KDHE web site, and s ent to individuals who submitted comments.”

Section 256.64: EPA suggests that KS reference any public notification that occurs as part of their compliance and enforcement procedures for the purpose of this provision.

Will States be submitting a list of CCR facilities that are don’t meet deadlines to EPA for inclusion on an open dump inventory?

Thanks,

Christine Mennicke Environmental Scientist Bureau of Waste Management Kansas Department of Health and Environment 785-296-0724

From: Moran, Nicole [ mailto:moran.nicole@epa.gov ] Sent: Thursday, August 06, 2015 3:18 PM To: William Bider; Christine Mennicke Cc: Toensing, Don Subject: Comment Letter - KS' Draft CCR Part 256 Plan

Bill, Enclosed is an electronic copy of EPA’s Comment Let ter for the State of Kansas Draft Coal Combust ion Residuals Part 256
Plan submittal. The official letter is in the mail . Please make note that there were a few changes t o the checklist that you received yesterday following OGC’s review. If you have any questions, please feel free to contact myself or Don Toensing. Thanks,
Nicole

Nicole Moran US Environmental Protection Agency, Region 7 Air and Waste Management Division Waste Enforcement and Materials Management Branch 11201 Renner Boulevard Lenexa, KS 66219 913-551-7641 (phone) moran.nicole@epa.gov