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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; Joh n Mitchell Subject: RE: Kansas Part 256 CCR Solid Waste Management Plan

Thanks Nicole. We look forward to additional feedb ack from EPA.

In developing a response to our Kansas proposal, I hope that EPA staff consider the fact that the orig inal Part 256 plans were developed more than 30 years ago. It makes li ttle 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 commen t that state solid waste plan updates could be simplified to add ress 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 C CR regulations.

Please share these ideas as appropriate and possibl e as you discuss the Kansas plan with others in EPA . The bottom line
is that Kansas will move forward to establish a com pliance and enforcement program for the new federal CCR regulations before the regulations begin to be phas ed in on October 2015 as explained in our draft pla n. We would prefer that EPA recognize the Kansas approach to ad ministering 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 Pla n

Bill, I wanted to follow-up with you regarding our progre ss 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 th e HQ level as to what level of detail is going to b e required regarding the SWMP. There are several issues that are going to need to be ironed out at HQ and OGC, including K S’ request to reduce the notice requirement to 30 days. As you p robably 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 thro ugh this process. We plan to hold an internal foll ow-up conference call next week to continue our discussions and hope fully address our internal questions. We are worki ng diligently to provide a response back to KS in a timely manner an d appreciate your patience and cooperation.

Thanks,
Nicole2 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 Pla n

Nicole,

I want to let you know that we would welcome calls or e-mails at any time with questions, comments, et c. even before you complete a full review. You can contact either Christine or me. Thanks for helping us work throu gh 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 Pla n

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.gov3 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 Pla n

Nicole,

I will try again. If you cannot ope n 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; Christin e Mennicke; Darian Dernovish Subject: RE: Kansas Part 256 CCR Solid Waste Management Pla n

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; Christin e Mennicke; Darian Dernovish Subject: RE: Kansas Part 256 CCR Solid Waste Management Pla n

Thanks Don. Feel free to share our DRAFT plan with anyone who can assist with the review. We look fo rward to receiving your questions or comments.

Bill Bider
Director Bureau of Waste Management4 (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; Christin e Mennicke; Darian Dernovish Subject: RE: Kansas Part 256 CCR Solid Waste Management Pla n

Thanks, Bill. We’ll try to give you our preliminar y feedback as soon as possible. Do you have any problem if we share your draft with other EPA perso nnel 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; Christin e 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 “p reliminary
review” of the Kansas Part 256 CCR solid waste mana gement plan, I am submitting our DRAFT plan for rev iew 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 approva l by EPA after KDHE completes the public participation process. It is KDHE’s goal to receive EPA approval of the plan bef ore the effective date of the first CCR regulations (October 19, 2015 ). We realize this is an optimistic goal, but we b elieve it is doable and beneficial with respect to assessing and ensuring c ompliance with the regulations.

A pdf copy of the Kansas plan is attached for your review. Since neither KDHE nor EPA could find an o riginal 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 fede ral CCR regulations. The plan explains the regulatory appr oach in detail. It will include both modified enfo rceable permits and permit documents that incorporate all CCR regulatio ns to be followed by the adoption of the CCR regula tions by reference. Right from the first effective date (Oc tober 19, 2015), KDHE will have regulatory authorit y to enforce these regulations through existing permits and associated permit documents such as facility operating plans.

KDHE is asking EPA for an initial overall assessmen t of the Kansas plan from a content perspective. D oes the plan include all information that is necessary for appro val? Based upon your early feedback, we will initi ate the public participation process leading to adoption of the pl an. 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, pleas e provide us with any comments you may have that co uld be incorporated into our final plan. If at any time d uring your preliminary review, you would like a mee ting 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 a pproval.

Bill Bider
Director Bureau of Waste Management (785) 296-1612