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Moran, Nicole

From: William Bider <wbider@kdheks.gov>

Sent: Wednesday, July 22, 2015 4:37 PM

To: Moran, Nicole

Cc: Christine Mennicke; Toensing, Don; Smith, John; John Mitchell

Subject: RE: Kansas Part 256 CCR Solid Waste Management Plan

Thanks Nicole. We look forward to additional feedback from EPA. 

In developing a response to our Kansas proposal, I hope that EPA staff consider the fact that the original Part 256 plans 

were developed more than 30 years ago. It makes little sense to fully address solid waste management needs that have 

long since passed as we discussed and demonstrated in our plan. We cannot logically plan for things in Kansas that have 

already been implemented and codified in state laws and regulations. 

Also, more than once, I heard Mathy Stanislaus and other high level staff from EPA headquarters comment that state 

solid waste plan updates could be simplified to address the CCR compliance and enforcement provisions only and 

receive EPA approval. That would mean that the old mostly obsolete provisions that relate to original Part 256 planning 

would not be updated by states that can find their old approved plans. It would seem that the Kansas 

approach/proposal is a more thorough update of how those original requirements have been addressed in Kansas than 

simple updates to old plans that only address the CCR regulations. 

Please share these ideas as appropriate and possible as you discuss the Kansas plan with others in EPA. The bottom line 

is that Kansas will move forward to establish a compliance and enforcement program for the new federal CCR 

regulations before the regulations begin to be phased in on October 2015 as explained in our draft plan. We would 

prefer that EPA recognize the Kansas approach to administering an enforcement program by approving of our plan to 

make it a more complete package. Thanks. 

Bill Bider 

Director 

Bureau of Waste Management 

From: Moran, Nicole [mailto:moran.nicole@epa.gov] 

Sent: Wednesday, July 22, 2015 3:49 PM 

To: William Bider 

Cc: Christine Mennicke; Toensing, Don 

Subject: RE: Kansas Part 256 CCR Solid Waste Management Plan 

Bill, 

I wanted to follow-up with you regarding our progress on the preliminary review of KS’ SWMP. I had a conference call 

with the chairs of the CCR Implementation Workgroup and an attorney from OGC this afternoon to discuss your 

submittal and there is still some controversy on the HQ level as to what level of detail is going to be required regarding 

the SWMP. There are several issues that are going to need to be ironed out at HQ and OGC, including KS’ request to 

reduce the notice requirement to 30 days. As you probably know, KS is the first to submit their SWMP for review and 

therefore we may need some additional time to iron out some of these issues, my apologies in advance. 

We appreciate your willingness to work with us through this process. We plan to hold an internal follow-up conference 

call next week to continue our discussions and hopefully address our internal questions. We are working diligently to 

provide a response back to KS in a timely manner and appreciate your patience and cooperation. 

Thanks, 

Nicole 
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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: William Bider [mailto:wbider@kdheks.gov] 

Sent: Wednesday, July 01, 2015 1:16 PM 

To: Moran, Nicole 

Cc: Christine Mennicke 

Subject: RE: Kansas Part 256 CCR Solid Waste Management Plan 

Nicole, 

I want to let you know that we would welcome calls or e-mails at any time with questions, comments, etc. even before 

you complete a full review. You can contact either Christine or me. Thanks for helping us work through and complete 

this process. 

Have you heard whether any other states are moving forward at this aggressive pace? 

Bill 

From: Moran, Nicole [mailto:moran.nicole@epa.gov] 

Sent: Wednesday, July 01, 2015 12:26 PM 

To: William Bider 

Cc: Christine Mennicke 

Subject: RE: Kansas Part 256 CCR Solid Waste Management Plan 

Worked ok this time, thanks! 

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
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From: William Bider [mailto:wbider@kdheks.gov] 

Sent: Wednesday, July 01, 2015 10:16 AM 

To: Moran, Nicole 

Cc: Christine Mennicke 

Subject: RE: Kansas Part 256 CCR Solid Waste Management Plan 

Nicole, 

I will try again. If you cannot open it this time, I will have Christine send it in a different format or she may need to break 

it up into parts. Let us know. 

The people I sent it to internally at KDHE can open it. 

Bill 

From: Moran, Nicole [mailto:moran.nicole@epa.gov] 

Sent: Wednesday, July 01, 2015 9:47 AM 

To: William Bider; Toensing, Don; Callier, James 

Cc: Gary Mason; John Mitchell; Dennis Degner; Christine Mennicke; Darian Dernovish 

Subject: RE: Kansas Part 256 CCR Solid Waste Management Plan 

Bill, 

Can you please re-send this attachment? I and our helpdesk are having difficulties opening and saving this document. 

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: William Bider [mailto:wbider@kdheks.gov] 

Sent: Wednesday, July 01, 2015 8:58 AM 

To: Toensing, Don; Moran, Nicole; Callier, James 

Cc: Gary Mason; John Mitchell; Dennis Degner; Christine Mennicke; Darian Dernovish 

Subject: RE: Kansas Part 256 CCR Solid Waste Management Plan 

Thanks Don. Feel free to share our DRAFT plan with anyone who can assist with the review. We look forward to 

receiving your questions or comments. 

Bill Bider 

Director 

Bureau of Waste Management 
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(785) 296-1612 

From: Toensing, Don [mailto:Toensing.Donald@epa.gov] 

Sent: Wednesday, July 01, 2015 8:56 AM 

To: William Bider; Moran, Nicole; Callier, James 

Cc: Gary Mason; John Mitchell; Dennis Degner; Christine Mennicke; Darian Dernovish 

Subject: RE: Kansas Part 256 CCR Solid Waste Management Plan 

Thanks, Bill. We’ll try to give you our preliminary feedback as soon as possible. Do you have any 

problem if we share your draft with other EPA personnel that are on the implementation 

workgroup? 

From: William Bider [mailto:wbider@kdheks.gov] 

Sent: Wednesday, July 01, 2015 8:47 AM 

To: Toensing, Don; Moran, Nicole; Callier, James 

Cc: Gary Mason; John Mitchell; Dennis Degner; Christine Mennicke; Darian Dernovish 

Subject: Kansas Part 256 CCR Solid Waste Management Plan 

Don, 

In accordance with your e-mail dated June 24, 2015 sent in response to my earlier request for EPA’s “preliminary 

review” of the Kansas Part 256 CCR solid waste management plan, I am submitting our DRAFT plan for review by 

EPA. The preliminary review is being requested for two purposes: (1) to receive initial feedback from EPA before KDHE 

initiates the required public participation process; and (2) to facilitate a prompt review and approval by EPA after KDHE 

completes the public participation process. It is KDHE’s goal to receive EPA approval of the plan before the effective 

date of the first CCR regulations (October 19, 2015). We realize this is an optimistic goal, but we believe it is doable and 

beneficial with respect to assessing and ensuring compliance with the regulations. 

A pdf copy of the Kansas plan is attached for your review. Since neither KDHE nor EPA could find an original Kansas Part 

256 solid waste management plan, we prepared a plan that addresses all relevant issues required in the original plans in 

addition to the Kansas approach to administering a compliance and enforcement program for the new federal CCR 

regulations. The plan explains the regulatory approach in detail. It will include both modified enforceable permits and 

permit documents that incorporate all CCR regulations to be followed by the adoption of the CCR regulations by 

reference. Right from the first effective date (October 19, 2015), KDHE will have regulatory authority to enforce these 

regulations through existing permits and associated permit documents such as facility operating plans.

KDHE is asking EPA for an initial overall assessment of the Kansas plan from a content perspective. Does the plan 

include all information that is necessary for approval? Based upon your early feedback, we will initiate the public 

participation process leading to adoption of the plan. Following adoption, hopefully with few if any changes, the final 

plan will be submitted to EPA so you can officially complete your review. 

As you review the DRAFT plan more thoroughly, please provide us with any comments you may have that could be 

incorporated into our final plan. If at any time during your preliminary review, you would like a meeting to discuss the 

plan, we would be happy to come to your offices to facilitate the process. Please let me know if you have any questions.

Thank you for your willingness to review the Kansas plan following this approach to facilitate early approval. 

Bill Bider 

Director 

Bureau of Waste Management 

(785) 296-1612