## UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 7



## CERTIFIED MAIL 11201 Renner Boulevard Lenexa, Kansas 66219 

# AUG 062015

RETURN RECEIPT REQUESTED Article Number: 7014 12000000 6125 8942 Mr. Bill Bider Director ofBureau ofWaste Management Kansas Department ofHealth and Environment Curtis State Office Building 1000 SWJackson Topeka, Kansas 66612 RE: State ofKansas 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 ofthe 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 ofthe CCR Plan, dated June 30, 2015. An 

## integral part ofour review process was performing a side by side comparison ofthe 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 ofthe 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 ofits intent to reduce the amount ofpublic 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 ofthese 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 ofKansas 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 SubpartA-Purpose, General Requirements, Definitions § 256.01 Purpose and scope ofthe guidelines (b) These guidelines address the minimum requirements for 

## NON-CCR and CCR approval of State plans as set forth in section 4003 ofthe 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 ofthe 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 ofthe 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 forthe closing or upgrading of all existing open dumps within the State pursuantto the requirements ofsection 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 ofsolid waste to resource recovery facilities

. (6) The plan shall provide for resource conservation or recovery and for the disposal ofsolid waste in sanitary landfills or for any combination of practices so as may be necessary to use or dispose ofsuch waste in a mannerthat 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 managementto comply with the prohibition on open dumping and is unable to utilize such alternatives to so comply, a timetable orschedule ofcompliance for such practice or disposal ofsolid waste which specifies a schedule of remedial measures, including an enforceable sequence ofactions or operations leading to compliance with the prohibition on open dumping of solid waste within a reasonable time (notto exceed five years from the date of publication ofthe inventorv). 

### § 256.02 Scope ofthe 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 orthe (a)(l) : page 5, specific waste streams are not listed, environment or provides opportunityfor resource conservation however definition ofsolid 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 implementthe RCRA (ii) Residential, commercial and institutional hazardous waste programs and is approved fortheir 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 thatthe aspects ofsolid waste (vi) M ining wastes; management listed in 256 are covered within KS' overall (vii) Agricu ltural wastes; solid waste management program. (viii) Watertreatment sludge; and (ix) Septic tank pumpings

. (2) The State plan shall considerthe 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 ofthe comprehensive solid ofsolid waste management planning and implementation waste program that has been developed over the last within the State, the extent ofthe solid waste management several decades

. KS' current authorities, solid waste problem, the health, environmental and economic impacts of plan, and report to legislature demonstrate thattheir 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 ofactions

. 

## C

CR: 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 ofthe Act and meeting the The process KS uses for overall state
-wide and county requirements ofthese 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 linkto 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 incorporatingthe 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 meetthe requirements ofthese 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 ofthese 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 thatthe statutory authoritythat 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 ofthis 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, orthe 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 ofthe procedures they would follow to revise the plan these guidelines; (or provide reference ifthese procedures are in the (2) Information has become available which demonstrates the appendix)

. inadequacy ofthe 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 submitt he portion ofthe plan designed to satisfy the requirements of§ 256

.26 priorto submission oft he complete plan

. § 256.04 State plan approval, financial assistance. (a) The Administrator shall, within six mont hs after a State plan 

# IEPA 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 ofthese 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 ofthe requirements ofthese 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 notifythe State and provide an opportunityfor such revisions and corrections and for an appeal and public hearing. Ifthe plan continues to remain out of compliance, he shall withdraw his approval ofsuch 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 ofthese guidelines. (d) The Administrator shall approve a State application for EPA requirements financial assistance under subtitle Dofthe Act, and make grants to such State, ifthe Administrator determines thatthe State plan continues to be eligible for approval and is being implemented by the State

. (e) Upon withdrawal ofapproval of a State plan, the EPA requirements Administrator shall withhold Federal financial and technical assistance under subtitle D (otherthan such technical assistance as may be necessary to assist in obtaining reinstatement of approval) until such time as approval is reinstated. (Procedures for termination offinancial 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 ofthe plan by which entities may, pursuant to § 256.26, obtain timetables or schedules ofcompliance for complying with the open dumping prohibition, the Administrator shall approve such portion ofthe plan if he determines that: (1) The portion submitted satisfies the requirements of§ 256.26; (2) The State has the general legal authorityto issue and enforce compliance schedules; and {3) The remainder ofthe plan is being developed in conformity with these guidelines and will be completed within a reasonable

- period oftime. In giving partial plan approval, the Administrator

shall specify in writing the timetable for completion ofthe final plan as required in paragraph (f){3) ofthis 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 ofthe 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 ofthe 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 ofthe 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 Cofthis 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 ofthe 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 ofthis 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 ofthe State plan. Such allocation shall be based on the responsibilities ofthe respective parties as determined under section 4006(b).


### Subpart C - Solid Waste Disposal Programs § 256.20 Requirements for State legal authority
. In orderto comply with sections 4003 (2) and (3), the State plan 

## N ON-CCR shall assure thatthe State has adequate legal authority to Page 6, plus A-7, A
-9, and A
-13

. KS indicates the prohibitthe establishment of new open dumps and to close or prohibition against open dumps went into effect decades upgrade existing open dumps

.The prohibition ofthe ago
. establishment of new open dumps shall take effect no laterthan six months afterthe date of promulgation ofthe criteria or on 

## CCR the date of approval ofthe State plan, whichever is later

. Overall legal authority is same as for NON-CCR, butthese 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 orderto 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 ofsolid 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 authorityto 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 ofterms 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 ofterms in the federal administrative procedures, as necessary to ensure compliance. rule (e.g., for beneficial use} are critical for determining applicability ofthe 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 ofsection 4003(3) for closing or 

## NON CCR upgrading open dumps: (a) Because the implementation oftheir 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 offacilities 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 ofopen 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 ifan 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 ofthe solid waste disposal facility; (d): page 5 - KSA 65-3411 provides authorityfor (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 dumpthe State shall take steps to close or upgrade the facility. Evidence ofthat 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 shortterm approach to incorporating 257 requirements thatwould be new to these units (i.e., beyond current state requirements). KS indicates that their approach will result in none ofthe 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 § 256.2GRequirement for schedules leading to compliance with the prohibition ofopen 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 atimetable 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 ofthe inventory). 

## CCR Although KS Is notexpecting any oftheir current CCR landfills and Surface Impoundmentsto be out of compliance with the federal criteria, EPA suggests they address the approach they will follow ifthey are requested by a utilityto extend any ofthe compliance dates inthefederal rule within the first 5 years after promulgation

. With an approved plan, KS will be able to extend dates, but mus t consider the following: • Whether other disposal units can be used • Whetherthe facility has made a good faith effortto meet compliance deadline • Whetherthere are factors beyond the facility's control that have made it unable to meetthe compliance deadlines • Documentation from the facility supporting their claims and/orthe results ofan independent investigation • The technical complexity ofthe requirements, the activities that remain to be completed, the reasons for the lack ofcompliance, and other site-specific factors such as geology, geography, weather, and engineering considerations

. Any approval ofa compliance schedule would need to identifythe specific activities that remain to be completed, along with clear and enforceable deadlines for each

. See p 21,342
-21 ,343 ofthe 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 orderto 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 ofsolid waste to resource recovery facilities. Subpart E
- Facility Planning and Implementation § 256

.40 R equirements NON-CCR In orderto 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 ofsolid and hazardous waste in an environmentally 

### Same as NON-CCR sound manner. Subpart F
- Coordination with Other Programs § 256.50 Requirements. 

## NON
-C CRand CCR Section 4003(1) requ ires the State solid waste management plan to identify means for coordinating regional planning and Pages 7 and 13 provide information addressing implementation underthe State plan. Section 1006 requires the coordination with other environmental programs and Administrator to integrate all provisions ofthis 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 tothe Administrator in orderto prevent duplication of governments
. Administrative code 28-29-23 addres s es administrative and enforcement efforts

. In order to meet requirements for dispos al and processing unitsto 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, requirescompliance 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 ofthe 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 ofthe Clean Water Act. Where feasible, identification of such agencies should be considered duringthe identification of responsibilities under subpart Bofthis 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 ofthe 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 permitfor such facility

. (d) The State plan shall provide for coordination with activities for municipal sewage sludge disposal and utilization conducted underthe authority ofsection 405 ofthe 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 ofthe Clean Water Act, as amended (33 U.S.C. 1317). (f) The State plan shall provide for coordination with agencies conducting assessments ofthe impact ofsurface impoundments on underground sources of drinking water under the authority of section 1442(a)(8)(C) ofthe 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 underthe authority ofthe Safe Drinking WaterAct (42 U.S.C. 300f

### etseq.) and with the designation of sole source aquifers under section 1424 ofthat Act. (h) The State plan shall provide for coordination with State implementation plans developed underthe Clean Air Act (42 U.S.C. 7401 

### etseq.; 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 ofthe Clean WaterAct, as amended (33 U.S.C. 1344) for dredge and fill activities in waters ofthe United States. 

## Ul The State plan shall provide for coordination with the Office of Endangered Species, Department ofthe Interior, to ensure that solid waste management activities, especially the siting of disposal facilities, do notjeopardize the continued existence of an endangered orthreated 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 

### etseq.; 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 

### etseq.; disposal in ocean waters). (I) The State plan shall provide for coordination, where practicable, with programs ofother Federal agencies, includ ing: (1) Department ofthe Interior. (i) Fish and Wildlife Service (wetlands), (ii) Bureau of Mines and Office of Surface Mining (mining waste disposal and use ofsludge 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 ofAgriculture, 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 Requirementsfor public participation in State and substate plans. (a) State and substate planning agencies shall : 

## NON

-CCR and CCR (1) Maintain a current list ofagencies, 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 ofeach 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 ofthis provision, EPA suggests KS include a link totheir 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 ofa stakeholder list

. EPA suggests Kansas forth the agency's response to the public input. provide some information on howthey 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 ofthe 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) ofthis section; (3) Send information directly to agencies, organizations and individuals on the list maintained under paragraph (a)(l) ofthis 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 ofthe 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 Requirementsfor public participation in the annual Stateworkplan. Not applicable § 

### 256.62 Requirementsfor 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 ofthe hearings and meetings required by paragraph (a) ofthis 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 ofthe proposed regulations is included in the Kansa Register

. EPA recommends KS provide additional information's as to howthey notify the public and key stakeholders of new regulations beyond the KS Register publication

. § 256.63 Requirements for public participation in the permitting offacilities. (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 ifthe 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 ifthe 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 priorto 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 ofthe 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 ofthese classifications to the Federal Government. For those parties on the list required under § 256

.60{a)(l) who are owners or operators offacilities classified as open dumps, such notice shall indicate thatthe facility has been so classified

. KS provided information related to their compliance and enforcement procedures for facilities thatviolate permit requirements

. These procedures describe how the state identifies new open dumps and howthey 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 ofthis provision

.