UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 7 

CERTIFIED MAIL 

11201 Renner Boulevard 

Lenexa, Kansas 66219 

AUG 0 6 2015 

RETURN RECEIPT REQUESTED 

Article Number: 7014 1200 0000 6125 8942 

Mr. Bill Bider 

Director of Bureau of Waste Management 

Kansas Department of Health and Environment 

Curtis State Office Building 

1000 SW Jackson 

Topeka, Kansas 66612 

RE: State of Kansas Draft Coal Combustion Residuals Part 256 Plan 

Dear Mr. Bider: 

/ ' 

The U.S. Environmental Protection Agency (EPA) would like to express thanks to the State of 

Kansas for submitting the first draft Coal Combustion Residuals Part 256 Plan (CCR Plan) for 

preliminary review and for the opportunity to provide comments prior to the initiation of the 

public participation process. The CCR Plan was created to address all relevant issues required in 

the original Part 256 requirements in addition to outlining Kansas' approach in administering a 

compliance and enforcement program for the new federal CCR regulations. EPA has completed 

its preliminary review of the CCR Plan, dated June 30, 2015. An integral part of our review 

process was performing a side by side comparison of the statutes, regulations and policies that 

are referenced in the CCR Plan to the subsequent federal requirements. Based on EPA's 

preliminary review, the CCR Plan appears to generally have met most of the requirements for 

approval under EPA's regulations from a content perspective; however, the comments outlined 

in the attached Part 256 Checklist should be addressed prior to Kansas' official submittal to EPA. 

Additionally, Kansas notified EPA in an email dated July 1, 2015 of its intent to reduce the 

amount of public notice from 45 days to 30 days, consistent with 40 CFR 256.60(c)(referencing 

40 CFR 25.5(b)). EPA agrees that a 30 day public notice provision would meet the regulatory 

standard. Because Kansas will be relying on existing legislative authorities, and intends to 

incorporate the existing federal requirements without modification, EPA concurs that there are 

no substantial documents which must be reviewed for effective hearing participation and that 

there are no complex or controversial matters to be addressed by the hearing. 

Printed on Recycled Paper 
If you have any questions concerning EPA's review of these documents or wish to discuss any of 

the specific comments, please contact Nicole Moran at (913) 551-7641 or via email at 

moran.nicole@epa.gov to set up an in-person meeting or a conference call. 

cc: Mary Jackson, ORCR 

Susan Mooney, R5 EPA 

Sincerely, 

Donald Toensing 

Chief 

Waste Enforcement and Materials Management 

Branch 

Air and Waste Management Division 
Preliminary 256 checklist for State of Kansas Coal Combustion Residuals Part 256 Plan 

(Plan draft dated 6/30/2015) 

256 state plan requirements Types of info State could provide to 

meet requirements 

Subpart A-Purpose, General 

Requirements, Definitions 

§ 256.01 Purpose and scope of the guidelines 

(b) These guidelines address the minimum requirements for NON-CCR and CCR 

approval of State plans as set forth in section 4003 of the Act. These provisions are addressed under These are: 

(1) The plan shall identify, in accordance with section 4006(b), (i) other sections of 256: 

the responsibilities of State, local, and regional authorities in the • (b)(l): see 256.10 

implementation of the State plan, (ii) the distribution of Federal • (b)(2):see 256.20 and 256.30 

funds to the authorities responsible for development and • (b)(3): see 256 . 

implementation of the State plan, and (iii) the means for • (b)(4): see 256.21 

coordinating regional planning and implementation under the • (b)(5): see 256.30 

State plan. • (b)(6): see 256.30 

(2) The plan shall, in accordance with section 4005(c), prohibit • (c ): see 256.26 

the establishment of new open dumps within the State, and 

contain requirements that all solid waste (including solid waste 

originating in other States, but not including hazardous waste) 

shall be (i) utilized for resource recovery or (ii) disposed of in 

sanitary landfills (within the meaning of section 4004(a)) or 

otherwise disposed of in an environmentally sound manner. 

(3) The plan shall provide for the closing or upgrading of all 

existing open dumps within the State pursuant to the 

requirements of section 4005. 

(4) The plan shall provide for the establishment of such State 

regulatory powers as may be necessary to implement the plan. 

(5) The plan shall provide that no local government within the 

State shall be prohibited under State or local law from entering 

into long-term contracts for the supply of solid waste to 

resource recovery facilities. 

(6) The plan shall provide for resource conservation or recovery 

and for the disposal of solid waste in sanitary landfills or for any 

combination of practices so as may be necessary to use or 

dispose of such waste in a manner that is environmentally 

sound. 

(c) These guidelines address the requirement of section 4005(c) 

that a State plan: 

Shall establish, for any entity which demonstrates that it has 

considered other public or private alternatives for solid waste 

management to comply with the prohibition on open dumping 

and is unable to utilize such alternatives to so comply, a 

timetable or schedule of compliance for such practice or 

disposal of solid waste which specifies a schedule of remedial 

measures, including an enforceable sequence of actions or 

operations leading to compliance with the prohibition on open 

dumping of solid waste within a reasonable time (not to exceed 

five years from the date of publication of the inventorv). 

§ 256.02 Scope of the state solid waste management plan. 

(a)(l) The State plan shall address all solid waste in the State NON-CCR and CCR: 

that poses potential adverse effects on health or the (a)(l): page 5, specific waste streams are not listed, 

environment or provides opportunity for resource conservation however definition of solid waste in 65-3402(a), page A-1 or resource recovery. The plan shall consider: covers all wastes listed in 256.02, except hazardous 
256 state plan requirements Types of info State could provide to 

meet requirements 

(i) Hazardous wastes; waste. KS is authorized by EPA to implement the RCRA 

(ii) Residential, commercial and institutional hazardous waste programs and is approved for their 

solid waste; MSWLF permitting program. 

(iii) Wastewater treatment sludge; (a)(2): page 5, KSA 65-3402(b), (c), and (d) define solid 

(iv) Pollution control residuals; waste management system, processing facility, and 

(v) Industrial wastes; disposal area, indicating that the aspects of solid waste 

(vi) Mining wastes; management listed in 256 are covered within KS' overall 

(vii) Agricultural wastes; solid waste management program. 

(viii) Water treatment sludge; and 

(ix) Septic tank pumpings. 

(2) The State plan shall consider the 

following aspects of solid waste management: 

(i) Resource conservation; 

(ii) Source separation; 

(iii) Collection; 

(iv) Transportation; 

(v) Storage; 

(vi) Transfer; 

(vii) Processing (including resource 

recovery); 

(viii) Treatment; and 

(ix) Disposal. 

(b) The State Plan shall establish and justify priorities and timing NON-CCR: 

for actions. These priorities shall be based on the current level Page 3 provides overview of the comprehensive solid 

of solid waste management planning and implementation waste program that has been developed over the last 

within the State, the extent of the solid waste management several decades. KS' current authorities, solid waste 

problem, the health, environmental and economic impacts of plan, and report to legislature demonstrate that their 

the problem, and the resources and management approaches system is set up to identify and address priorities. EPA 

available. suggests that KS provide a link to their 2010 state-wide 

plan, which they use as their actual planning tool. KS' 

comprehensive 2010 plan could be used to demonstrate 

compliance with this requirement- i.e., the state's 

priorities and timing of actions. 

CCR: 

The specific timing of actions related to CCR rule 

development and implementation is addressed on pages 

2, 10 and 13 

(c) The State plan shall set forth an orderly and manageable NON-CCR 

process for achieving the objectives of the Act and meeting the The process KS uses for overall state-wide and county 

requirements of these guidelines. This process shall describe as level planning, as well as regulatory and enforcement 

specifically as possible the activities to be undertaken, including efforts is described generally in the plan. Specific 

detailed schedules and milestones. activities are not addressed, because the initial planning 

has already been achieved. Schedules and milestones 

exist in the overall program. EPA suggests that KS 

provide a link to their 2010 state-wide plan, which they 

use as their actual planning tool. KS' comprehensive 

2010 plan can be used to demonstrate specific activities, 

schedules and milestones. 

CCR 

Process is described in terms of incorporating the 257 

subpart D requirements into permits and then 

incorporating the rule by reference into KS' rules. The 
256 state plan requirements Types of info State could provide to 

meet requirements 

specific regulation development steps are described on 

page 14. 

(d) The State plan shall cover a minimum of a five year time NON-CCR 

period from the date submitted to EPA for approval. Page 1 indicates that KS' planning cycle calls for updates 

to the state plan every five years. Page 4 indicates that 

county level planning requirements also require 5 year 

updates. So overall, KS has established a planning 

process that focuses on a five year time period. 

CCR: 

Due to the immediate next steps related to EPA's rule 

and the development of a new KS regulation, the "EPA" 

plan submittal focuses on 3 years. EPA suggests that KS 

Include a statement indicating that CCR units fall under 

the overall state solid waste planning cycles described 

under NON-CCR above and therefore, would be 

addressed In a 5 year timeframe. 

(e) The State plan shall identify existing State legal authority for NON-CCR and CCR 

solid waste management and shall identify modifications to This is addressed in specific sections below related to 

regulations necessary to meet the requirements of these legal authorities, regulatory authorities, and guideline 

guidelines. requirements. 

§ 256.03 State plan submission, adoption, and revision. 

(a) To be considered for approval, the State plan shall be Not applicable 

submitted to EPA within a reasonable time after final 

promulgation of these guidelines. 

(b) Prior to submission to EPA, the plan shall be adopted by the NON-CCR and CCR 

State pursuant to State administrative procedures. On page 5, KS indicates that the statutory authority that 

directs the state to develop a plan does not specify 

administrative procedures to adopt the plan. KS lays out 

the procedure they will follow on page 5. 

(c) The plan shall be developed in accord with public See 256.60 

participation procedures required by Subpart G of this part. 

(d) The plan shall contain procedures for revision. The State plan NON-CCR and CCR 

shall be revised by the State, after notice and public hearings, On page 2, KS indicates they will review the plan every 

when the Administrator, by regulation, or the State determines, three years to determine the need for revision or re- that: adoption. EPA suggests that KS add a short description (1) The State plan is not in compliance with the requirements of of the procedures they would follow to revise the plan these guidelines; (or provide reference if these procedures are in the 

(2) Information has become available which demonstrates the appendix). inadequacy of the plan; or 

(3) Such revision is otherwise necessary. 

(e) The State plan shall be reviewed by the State and, where NON-CCR and CCR 

necessary, revised and readopted not less frequently than every On page 2, KS indicates they will review the plan every 

three years. three years to determine the need for revision or readoption. 

(f) States which are developing a complete State plan may Not applicable 

submit t he portion of the plan designed to satisfy the 

requirements of§ 256.26 prior to submission of t he complete 

plan. 

§ 256.04 State plan approval, financial assistance. 

(a) The Administrator shall, within six mont hs after a State plan I EPA requirements 

has been submitted for approval, approve or disapprove the 
256 state plan requirements Types of info State could provide to 

mee_t requirements __ 

plan. The Administrator shall approve a plan if he determines 

that: 

(1) It meets the requirements of these guidelines which address 

sections 4003(1), (2), (3), and (5), and 

(2) It contains provisions for revision pursuant to§ 256.03. 

(b) The Administrator shall review approved plans from time to EPA requirements 

time, and if he determines that revisions or corrections 

are necessary to bring such plan into compliance with all of the 

requirements of these guidelines, including the requirements 

which address sections 4003(4) and (6) and any new or revised 

requirement established by amendment to this part, he shall 

notify the State and provide an opportunity for such revisions 

and corrections and for an appeal and public hearing. If the plan 

continues to remain out of compliance, he shall withdraw his 

approval of such plan. 

(c) Such withdrawal of approval shall cease to be effective upon EPA requirements 

the Administrator's determination that the State plan complies 

with the requirements of these guidelines. 

(d) The Administrator shall approve a State application for EPA requirements 

financial assistance under subtitle D of the Act, and make grants 

to such State, if the Administrator determines that the State 

plan continues to be eligible for approval and is being 

implemented by the State. 

(e) Upon withdrawal of approval of a State plan, the EPA requirements 

Administrator shall withhold Federal financial and technical 

assistance under subtitle D (other than such technical assistance 

as may be necessary to assist in obtaining reinstatement of 

approval) until such time as approval is reinstated. (Procedures 

for termination of financial assistance and for settlement of 

disputes are contained in 40 CFR part 30, appendix A, articles 7 

and 8.) 

(f) If a State submits to EPA the portion of the plan by which 

entities may, pursuant to § 256.26, obtain timetables or 

schedules of compliance for complying with the open dumping 

prohibition, the Administrator shall approve such portion of the 

plan if he determines that: 

(1) The portion submitted satisfies the requirements of§ 

256.26; 

(2) The State has the general legal authority to issue and enforce 

compliance schedules; and 

{3) The remainder of the plan is being developed in conformity 

with these guidelines and will be completed within a reasonable 

- period of time. In giving partial plan approval, the Administrator 

shall specify in writing the timetable for completion of the final 

plan as required in paragraph (f){3) of this section.) 

§ 256.05 Annual work program 

§ 256.06 Definitions 

Not applicable 

Not applicable 

Subpart B-ldentification of Responsibilities; Distribution of Funding 

§ 256.10 Requirements NON CCR and CCR 

(a) In accordance with sections 4003(1) and 4006 and the 

interim guidelines for identification of regions and 

agencies for solid waste management (40 CFR part 

255), the State plan shall provide for: 

(1) The identification of the responsibilities of State 

and substate (regional, local and interstate) 

(a)(l): page 6 and Appendix pages: page A-7, A-16, A-17 

for state responsibilities, A- 4, A-14, A-23 for 

local/county responsibilities. 

(a){3): page 6 and KSA 65-3405, page· A-4 describes the 

requirements for planning at the local level, includes info 
256 state plan requirements Types of info State could provide to 

meet requirements 

authorities in the development and on regional planning and who can/should be involved in 

implementation of the State plan; the process. 

(2) The means of distribution of Federal funds to the (b): Per the responsibilities outlined above in (a)(l), 

authorities responsible for development and Regulatory development and permitting responsibility 

implementation of the State plan; and resides with the state agency - this is how open dumps 

(3) The means for coordinating substate planning are defined in the state -- disposal areas operating 

and implementation. without a permit. 

(b) Responsibilities shall be identified for the classification (c): Per the responsibilities outlined above in (a)(l), the 

of disposal facilities for the inventory of open dumps. state agency is responsible for developing appropriate 

(c) Responsibilities shall be identified for development regulations. 

and implementation of the State regulatory program (d): Per the overall state policy (see A-1), the state 

described in subpart C of this part. encourages waste reduction and recycling. Per KSA 65-

(d) Responsibilities shall be identified for the 3405 (A-4), the county/local level is responsible for 

development and implementation of the State planning for solid waste management, including waste 

resource conservation and resource recovery program reduction/recovery. Per KSA 65-3415 (A-17), the state 

described in subpart D of this part. provides funding to support local-level efforts on 

(e) State, substate and private sector responsibilities shall resource recovery and KSSA 65-3405 (A-4). 

be identified for the planning and implementation of (e): State and local responsibilities are described for solid 

solid and hazardous waste m.anagement facilities and waste (see 256.0l(b)(l) description). Policy (see A-1) 

services. indicates the involvement of private enterprises. Page 9 

(f) Financial assistance under sections 4008(a)(l) and (2) provides information on utilities for CCR units. 

shall be allocated by the State to State and substate (f): not applicable 

authorities carrying out development and 

implementation of the State plan. Such allocation 

shall be based on the responsibilities of the respective 

parties as determined under section 4006(b). 

Subpart C- Solid Waste Disposal Programs 

§ 256.20 Requirements for State legal authority. 

In order to comply with sections 4003 (2) and (3), the State plan NON-CCR 

shall assure that the State has adequate legal authority to Page 6, plus A-7, A-9, and A-13. KS indicates the 

prohibit the establishment of new open dumps and to close or prohibition against open dumps went into effect decades 

upgrade existing open dumps. The prohibition of the ago. establishment of new open dumps shall take effect no later than 

six months after the date of promulgation of the criteria or on CCR the date of approval of the State plan, whichever is later. Overall legal authority is same as for NON-CCR, but these 

are stated again on page 8. Also on 8, KS describes legal 

authority to incorporate the federal CCR requirements 

into the existing CCR permits even before KS has 

incorporated the requirements into their own state 

rules. In this way, KS proposed to ensure that all CCR 

facilities have a permit to ensure compliance with the 

federal criteria by the effective dates (stated on page 

10). 

§ 256.21 Requirements for State regulatory powers. 

In order to comply with section 4003(4), the State plan shall NON-CCR 

provide for the establishment of State regulatory powers. These (a): page 6 and associated appendix pages (all have been 

powers: referenced under other provisions). (a) Shall be adequate to enforce solid waste disposal standards (b): Page 6 provides specific inspection, monitoring 

which are equivalent to or more stringent than the criteria for authorities which are included in the appendix. classification of solid waste disposal facilities (40 CFR part 257). (c ): pages 4 and 6 address permitting authority; 

Such authority shall be as definitive as possible and clearly appropriate sections are included in the appendix 

establish the means for compliance. 
256 state plan requirements Types of info State could provide to 

meet requirements 

(b} Shall include surveillance capabilities necessary to detect (d): enforcement authorities are listed and included in 

adverse environmental effects from solid waste disposal the appendix. 

facilities. Such capabilities shall include access for inspection and 

monitoring by regulatory officials and the authority to establish CCR 

operator monitoring and reporting requirements . (a}: Page 13 indicates KS plans to incorporate the federal 

(c) Shall make use of a permit program which ensures that the criteria for CCR units by reference, although they 

establishment of new open dumps is prohibited. indicate some modifications of terms may be necessary. (d) Shall have administrative and judicial enforcement EPA suggests that KS indicate more specifically what 

capabilities, including enforceable orders, fines or other terms will be modified. Definition of terms in the federal 

administrative procedures, as necessary to ensure compliance. rule (e.g., for beneficial use} are critical for determining 

applicability of the rule. Final KS CCR rules must be 

consistent with and as stringent as the federal criteria . 

EPA suggests establishing an approach for working with 

EPA to ensure any changes are consistent with the 

federal criteria . 

(a ) - ( d): The authorities are generally the same as the 

non-CCR authorities, but pages 8 - 10 cover the 

authorities again in terms of how they apply to CCR 

units. Special permitting provision that can be used to 

incorporate federal criteria into current permits before 

KS has adopted the regulations is described on pages 8 

and 9. On page 10, KS indicates permits will be modified 

to include provisions in the CCR rule that have deadlines 

in 2015 and 2016. EPA suggests that KS also address 

if/when the CCR unit permits will be modified to 

incorporate provisions with later compliance dates, since 

the plan must cover a 5 year period. On page 12, the 

first statement under Compliance Assessments and 

Enforcement strategy should be clarified to indicate that 

not only landfill permit conditions, but also solid waste 

processing facility permit conditions (i.e., surface 

impoundments} authorize KDHE to enforce the 

standards in the federal rule. 

§ 256.23 Requirements for closine or uperading open dumps. 

In meeting the requirement of section 4003(3) for closing or NON CCR 

upgrading open dumps: (a) Because the implementation of their solid waste 

(a} The State plan shall provide for the classification of existing program has been underway for decades and the 

solid waste disposal facilities according to the criteria. This classification and permitting of facilities has already 

classification shall be submitted to EPA, and facilities classified happened, KS indicates on page 5 that there are no open as open dumps shall be published in the inventory of open dumps in KS in 2015 and therefore they do not need to 

dumps. publish an open dump inventory. (b} The State plan shall provide for an orderly time-phasing of (b): Not applicable - no open dumps to prioritize. 

the disposal facility classifications described in paragraph (a) of (c): Currently no existing open dumps to upgrade or this section. The determination of priorities for the classification close. KS indicates that if an open dump is found, they 

of disposal facilities shall be based upon: can use their enforcement authorities to upgrade or (1) The potential health and environmental close. 

impact of the solid waste disposal facility; (d): page 5 - KSA 65-3411 provides authority for 

(2) The availability of State regulatory and enforcement powers; requiring corrective measures if an open dump is found 

and and it presents any hazard to the environment or public 

(3) The availability of Federal and State resources for this health. . purpose. 
256 state plan requirements Types of info State could provide to 

meet requirements 

(c) For each facility classified as an open dump the State shall 

take steps to close or upgrade the facility. Evidence of that 

action shall be incorporated by reference into the annual work 

program and be made publicly available. When the State's 

actions concerning open dumps are modified, the changes shall 

be referenced in subsequent annual work programs. 

(d) In providing for the closure of open dumps the State shall 

take steps necessary to eliminate health hazards and minimize 

potential health hazards. These steps shall include requirements 

for long-term monitoring or contingency plans where necessary. 

CCR 

(a): page 9 identifies the facilities that are addressed by 

the new 257 criteria and page 10 provides a short term 

approach to incorporating 257 requirements that would 

be new to these units (i.e., beyond current state 

requirements). KS indicates that their approach will 

result in none of the facilities being open dumps. 

(b): no open dumps. On page 10, KS indicates there is no 

need to set priorities for addressing the facilities 

(c ): same as under NON-CCR 

(d): same as under NON-CCR 

§ 256.2G Requirement for schedules leading to compliance with the prohibition of open dumping. 

In implementing the section 4005(c) prohibition on open NON CCR 

dumping, the State plan shall provide that any entity which Because KS's solid waste program has been in place for 

demonstrates that it has considered other public or private decades, there are no open dumps to apply this type of 

alternatives to comply with the prohibition on open dumping compliance schedule to. However, their 

and is unable to utilize such alternatives to so comply, may compliance/enforcement program does provide a 

obtain a timetable or schedule for compliance which specifies a process for addressing non-compliance issues at 

schedule of remedial measures, and an enforceable sequence of permitted sites and any new open dumps that are found. 

actions, leading to compliance within a reasonable time (not to 

exceed 5 years from the date of publication of the inventory). CCR 

Although KS Is not expecting any of their current CCR 

landfills and Surface Impoundments to be out of 

compliance with the federal criteria, EPA suggests they 

address the approach they will follow if they are 

requested by a utility to extend any of the compliance 

dates in the federal rule within the first 5 years after 

promulgation. With an approved plan, KS will be able to 

extend dates, but must consider the following: 

• Whether other disposal units can be used 

• Whether the facility has made a good faith 

effort to meet compliance deadline 

• Whether there are factors beyond the facility's 

control that have made it unable to meet the 

compliance deadlines 

• Documentation from the facility supporting 

their claims and/or the results of an 

independent investigation 

• The technical complexity of the requirements, 

the activities that remain to be completed, the 

reasons for the lack of compliance, and other 

site-specific factors such as geology, 

geography, weather, and engineering 

considerations. 

Any approval of a compliance schedule would need to 

identify the specific activities that remain to be 

completed, along with clear and enforceable deadlines 

for each. See p 21,342-21,343 of the final rule preamble 

for further guidance. 

Subpart D Resource Conservation and Resource Recovery Programs 

§ 256.30 Requirements I NON-CCR and CCR 
256 state plan requirements Types of info State could provide to 

meet requirements 

(a) In order to comply with sections 4003(2) and (6) as they (a): See policy on page A-1, 65-340l(e). Other 

pertain to resource conservation and recovery, the State plan provisions such as the grant program to local 

shall provide for a policy and strategy for encouragement of governments and the requirements for local plans to 

resource recovery and conservation activities. address waste reduction and recycling meet this 

(b) In order to comply with section 4003(5), the State plan shall requirement. 

provide that no local government within the State is prohibited (b): page 5, A-14, A-21, A-23 

under State or local law from entering into long-term contracts 

for the supply of solid waste to resource recovery facilities. 

Subpart E- Facility Planning and Implementation 

§ 256.40 Requirements NON-CCR 

In order to comply with section 4003(6), the State plan shall Page 7 provides the authorities that address this 

provide for adequate resource conservation, recovery, storage, provision 

treatment and disposal facilities and practices necessary to use or CCR 

dispose of solid and hazardous waste in an environmentally Same as NON-CCR 

sound manner. 

Subpart F - Coordination with Other Programs 

§ 256.50 Requirements. NON-CCR and CCR 

Section 4003(1) requires the State solid waste management plan 

to identify means for coordinating regional planning and Pages 7 and 13 provide information addressing implementation under the State plan. Section 1006 requires the coordination with other environmental programs and 

Administrator to integrate all provisions of this Act (including examples are provided. Page A-7, 65-3406, requires 

approval of State plans) with other Acts that grant regulatory cooperation with federal state, interstate, and local 

authority to the Administrator in order to prevent duplication of governments. Administrative code 28-29-23 addresses administrative and enforcement efforts. In order to meet requirements for disposal and processing units to 

these requirements: comply with other air and water requirements. If 

(a) The State solid waste management plan shall be developed in available, EPA suggest KS add information on any coordination with Federal, State, and substate programs for air general provision that may be in statute or code that 

quality, water quality, water supply, waste water treatment, requires compliance with all federal rules. pesticides, ocean protection, toxic substances control, noise 

control, and radiation control. 

(b) The State plan shall provide for coordination with programs 

under section 208 of the Clean Water Act, as amended (33 U.S.C. 

1288). In identifying agencies for solid waste management 

planning and implementation, the State shall review the solid 

waste management activities being conducted by water quality 

planning and management agencies designated under section 

208 of the Clean Water Act. Where feasible, identification of such 

agencies should be considered during the identification of 

responsibilities under subpart B of this part. Where solid waste 

management and water quality agencies are separate entities, 

necessary coordination procedures shall be established. 

(c) The State plan shall provide for coordination with the National 

Pollutant Discharge Elimination System (NPDES) established 

under section 402 of the Clean Water Act, as amended (33 

U.S.C. 1342). The issuance of State facility permits and actions 

taken to close or upgrade open dumps shall be timed, where 

practicable, to coordinate closely with the issuance of a new or 

revised NPDES permit for such facility. 

(d) The State plan shall provide for coordination with activities for 

municipal sewage sludge disposal and utilization conducted 

under the authority of section 405 of the Clean Water Act, as 

amended (33 U.S.C. 1345), and with the program for construction 

grants for publicly owned treatment works under section 201 of 

the Clean Water Act, as amended (33 U.S.C. 1281). 
256 state plan requirements Types of info State could provide to 

meet requirements 

(e) The State plan shall provide for coordination with State 

pretreatment activities under section 307 of the Clean Water Act, 

as amended (33 U.S.C. 1317). 

(f) The State plan shall provide for coordination with agencies 

conducting assessments of the impact of surface impoundments 

on underground sources of drinking water under the authority of 

section 1442(a)(8)(C) of the Safe Drinking Water Act (42 U.S.C. 

300j-1). 

(g) The State plan shall provide for coordination with State 

underground injection control programs (40 CFR Parts 122, 123, 

124, and 146) carried out under the authority of the Safe Drinking 

Water Act (42 U.S.C. 300f et seq.) and with the designation of 

sole source aquifers under section 1424 of that Act. 

(h) The State plan shall provide for coordination with State 

implementation plans developed under the Clean Air Act (42 

U.S.C. 7401 et seq.; incineration and open burning limitations; 

and, State implementation plan requirements impacting resource 

recovery systems). 

(i) The State plan shall provide for coordination with the Army 

Corps of Engineers permit program (or authorized State program) 

under section 404 of the Clean Water Act, as amended (33 

U.S.C. 1344) for dredge and fill activities in waters of the United 

States. 

Ul The State plan shall provide for coordination with the Office of 

Endangered Species, Department of the Interior, to ensure that 

solid waste management activities, especially the siting of 

disposal facilities, do not jeopardize the continued existence of 

an endangered or threated species nor result in the destruction 

or adverse modification of a critical habitat. 

(k) The State plan shall provide for coordination, where 

practicable, with programs under: 

(1) The Toxic Substances Control Act (15 U.S.C. 2601 et seq.; 

disposal of chemical substances and mixtures). 

(2) The Federal Insecticide, Fungicide and Rodenticide Act (7 

U.S.C. 1362 et seq.; disposal and storage of pesticides and 

pesticide containers). 

(3) The Marine Protection, Research and Sanctuaries Act (33 

U.S.C. 1420 et seq.; disposal in ocean waters). 

(I) The State plan shall provide for coordination, where 

practicable, with programs of other Federal agencies, including: 

(1) Department of the Interior. 

(i) Fish and Wildlife Service (wetlands), 

(ii) Bureau of Mines and Office of Surface Mining (mining waste 

disposal and use of sludge in reclamation), 

(iii) U.S. Geological Survey (wetlands, floodplains, ground water); 

(2) Department of Commerce, National Oceanic and Atmospheric 

Administration (coastal zone management plans); 

(3) Water Resources Council (floodplains, surface and ground 

waters); 

(4) Department of Agriculture, including Soil Conservation Service 

(land spreading solid waste on food chain croplands); 

(5) Federal Aviation Administration (locating disposal facilities on 

or near airport property); 

(6) Department of Housing and Urban Development (701 

comprehensive plannin program, flood plains mapping); 
256 state plan requirements Types of info State could provide to 

meet requirements 

(7) Department of Defense (development and implementation of 

State and substate plans with regard to resource recovery and 

solid waste disposal programs at various installations); 

(8) Department of Energy (State energy conservation plans under 

the Energy Policy and Conservation Act (42 U.S.C. 6321)); and 

(9) Other programs. 

(m) The State plan shall provide for coordination, where 

practicable, with solid waste management plans in neighboring 

States and with plans for Indian reservations in the State. 

Subpart G- Public Participation 

§ 256.60 Requirements for public participation in State and substate plans. 

(a) State and substate planning agencies shall: NON-CCR and CCR 

(1) Maintain a current list of agencies, organizations, and This sect ion is generally addressed on pages 5 and 7. 

individuals affected by or interested in the plan, which shall Specific steps for engaging the public on this CCR plan 

include any parties that request to be on the list, the owner or are described. In addition, language in the 2010 plan 

operator of each facility classified as an open dump and any indicates there is an established stakeholder and public 

other parties which the State determines to be affected by or participation processes for their overall solid waste plan 

interested in the plan; development. To more fully address the requirements 

(2) Provide depositories of relevant information in one or more of this provision, EPA suggests KS include a link to their 

convenient locations; and comprehensive state solid waste website, which is a 

(3) Prepare a responsiveness summary, in accord with 40 CFR depository for relevant Information. EPA also suggests 

25.8, where required by this subpart or by an approved public that KS describe how their newsletters or other relevant 

participation work plan, which describes matters on which the information is distributed, in order to clarify the 

public was consulted, summarizes the public's views, and sets maintenance of a stakeholder list. EPA suggests Kansas 

forth the agency's response to the public input. provide some information on how they document public 

(b) State and substate planning agencies shall provide comments and their response to comments. Finally, 

information and consult with the public on plan development some information regarding the use of news media 

and implementation. Provision of information and consultation should be provided. 

shall occur both early in the planning process (including the 

preparation and distribution of a summary of the proposed 

plan) and on major policy decisions made during the course of 

plan development, revision and implementation. To meet this 

requirement, planning agencies shall: 

(1) Publicize information in news media having broad audiences 

in the geographic area; 

(2) Place information in depositories maintained under 

paragraph (a)(2) of this section; 

(3) Send information directly to agencies, organizations and 

individuals on the list maintained under paragraph (a)(l) of this 

section; and 

(4) Prepare and make available to the public a responsiveness 

summary in accord with 40 CFR 25.8. 

(c) State and substate planning agencies shall conduct public 

hearings (and public meetings, where the agency determines 

there is sufficient interest) in accord with 40 CFR 25.5 and 25.6. 

The purpose of the hearings and meetings is to solicit reactions 

and recommendations from interested or affected parties and 

to explain major issues within the proposed plan. Following the 

public hearings, a responsiveness summary shall be prepared 

and made available to the public in accord with 40 CFR 25.8. 

§ 256.61 Requirements for public participation in the annual State workplan. 

Not applicable 

§ 256.62 Requirements for public participation in State regulator11 development. 

(a) The State shall conduct public hearings (and public meetings NON-CCR and CCR 

where the State determines there is sufficient interest) on State 
256 state plan requirements Types of info State could provide to 

meet requirements 

legislation and regulations, in accord with the State 

administrative procedures act, to solicit reactions and 

recommendations. Following the public hearings, a 

responsiveness summary shall be prepared and made available 

to the public in accord with 40 CFR 25.8. 

(b) In advance of the hearings and meetings required by 

paragraph (a) of this section, the State shall prepare a fact sheet 

·on proposed regulations or legislation, mail the fact sheet to 

agencies, organizations and individuals on the list maintained 

under§ 256.60(a)(l) and place the fact sheet in the State 

information depositories maintained under§ 256.60(a)(2). 

(a): page 7: Public participation in regulation 

development is established through KSA 77-4415 

through 77-438 (provided in appendix) and described 

more specifically on page 14, including a public hearing. 

EPA suggests KS provide information on how they 

document public comment on regulations and their 

responses to those comments. 

(b): page 14: a summary of the proposed regulations is 

included in the Kansa Register. EPA recommends KS 

provide additional information's as to how they notify 

the public and key stakeholders of new regulations 

beyond the KS Register publication. 

§ 256.63 Requirements for public participation in the permitting of facilities. 

(a) Before approving a permit application (or renewal of a NON-CCR and CCR 

permit) for a resource recovery or solid waste disposal facility 

the State shall hold a public hearing to solicit public reaction and 

recommendations on the proposed permit application if the 

State determines there is a significant degree of public interest 

in the proposed permit. 

(b) This hearing shall be held in accord with 40 CFR 25.5. 

Page 14 describes the public participation process for 

new and significantly modified permits (KAR 28-29-6a), 

which includes public notice and hearing process for all 

solid waste facilities. EPA suggests KS indicate if the 

same process is used for permit renewals, and if not, 

Indicate what public participation process is used for 

renewals. 

§ 256.64 Requirements for public participation in the open dump inventory. 

(a) The State shall provide an opportunity for public NON-CCR and CCR 

participation prior to submission of any classification of a facility 

as an open dump to t he Federal Government. The State shall 

accomplish this by providing notice as specified in§ 256.64{b) or 

by using other State administrative procedures which provide 

equivalent public participation. 

(b) The State may satisfy the requirement of§ 256.64{a) by 

providing written notice of the availability of the results of its 

classifications to all parties on the list required under§ 

256.60(a)(l) at least 30 days before initial submission of these 

classifications to the Federal Government. For those parties on 

the list required under 

§ 256.60{a)(l) who are owners or operators of facilities 

classified as open dumps, such notice shall indicate that the 

facility has been so classified . 

KS provided information related to their compliance and 

enforcement procedures for facilities that violate permit 

requirements. These procedures describe how the state 

identifies new open dumps and how they work with a 

facility to bring them into compliance. EPA suggests that 

KS reference any public notification that occurs as part of 

their compliance and enforcement procedures for the 

purpose of this provision.