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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 answers below. 

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

Regarding the second question, yes states are supposed to submit a list of “open dumps – ie, facilities that do not meet 

the requirements of the rule (which includes the failure to meet the time frames in the rule)—for inclusion on a 

published inventory of open dumps. Facilities on this list (or identified to EPA as open dumps) are the ones that are 

eligible for compliance schedules. EPA is statutorily obligated to publish an inventory of open dumps. See RCRA Section 

4005(b). Also, EPA acknowledged this in the preamble and committed to publish “an initial inventory and likely 

subsequent periodic updates.” See 80 Fed Reg at 21431-21432. 

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 comments 

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. 
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Is this what you’re looking for? 

“The responsiveness summary contains all comments received during the public comment period and hearing as 

well as KDHE’s response to comments. It will be made available on the KDHE web site, and sent 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 Letter for the State of Kansas Draft Coal Combustion Residuals Part 256 

Plan submittal. The official letter is in the mail. Please make note that there were a few changes to 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