## Part 256 Evaluation of the Kansas SWMP

EPA has completed its review of Kansas's Solid Waste Management Plan (SWMP) to

determine if the SWMP complies with the 40 CFR part 256 (part 256) requirements for

developing and revising state so lid waste management plans. Because Kansas is planning to

adopt by reference the federal minimum require ments in 40 CFR part 257, EPA did not conduct

a side-by-side comparison of their coal combus tion residuals (CCR) tech nical requirements with

the federal CCR regulations. Until the process to adopt specific CCR regulations is completed,

Kansas will implement the CCR rule through existing laws, regulations, and permitting

authorities.

This document is a side-by-side comparison of the part 256 require ments for SWMPs (in

the left hand column) and what Kansas has provid ed in its SWMP to show how they meet those

requirements (in the right hand column). Kansas submitted its draft SWMP (dated 6/30/15) to

EPA for a preliminary review. The right hand column (in black text) shows what the draft

SWMP included to address the corresponding re quirements in the left hand column. EPA

reviewed the draft SWMP and provided comment s back to Kansas on 8/6/15. Those comments

and suggestions are noted in the right hand column in red text. Kansas revised its SWMP and

submitted a proposed SWMP dated 8/24/15 for EPA review. Kansas then held a public comment

period that ended on 9/28/15 with a public heari ng. The blue text in the right hand column

reflects how Kansas incorporated EPA’s comme nts and those comments received through the

public participation process. Kans as made a few additional revisi ons to its SWMP and these are

noted at the end of this document. The fi nal SWMP, dated 9/29/15 was submitted to EPA for

review and conditionally approved (subject to Ka nsas completing the process to adopt specific

CCR regulations) on 10/19/15.



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

Subpart A—Purpose, General

Requirements, Definitions

§ 256.01 Purpose and scope of the guidelines

( b) These guidelines address the minimum requirements for

approval of State plans as set forth in section 4003 of the Act.

These are:

(1) The plan shall identify, in accordance with section 4006(b), (i)

the responsibilities of State, local, and regional authorities in the

implementation of the State plan, (ii) the distribution of Federal

funds to the authorities responsible for development and

implementation of the State plan, and (iii) the means for

coordinating regional planning and implementation under the

State plan.

(2) The plan shall, in accordance with section 4005(c), prohibit

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. 

## NON

‐ CCR and CCR

These provisions are addressed under

other sections of 256:

 (b)(1): see 256.10

 (b)(2):see 256.20 and 256.30

 (b)(3): see 256.

 (b)(4): see 256.21

 (b)(5): see 256.30

 (b)(6): see 256.30

 (c ): see 256.26

## 2



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

(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 inventory).

§ 256.02 Scope of the state solid waste management plan.

(a)(1) The State plan shall address all solid waste in the State

that poses potential adverse effects on health or the

environment or provides opportunity for resource conservation

or resource recovery. The plan shall consider:

(i) Hazardous wastes;

(ii) Residential, commercial and institutional

solid waste;

(iii) Wastewater treatment sludge;

(iv) Pollution control residuals;

(v) Industrial wastes;

(vi) Mining wastes;

(vii) Agricultural wastes;

(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. 

## NON

‐ CCR and CCR:

(a)(1): page 5, specific waste streams are not listed,

however definition of solid waste in 65

‐ 3402(a), page A

‐ 1

covers all wastes listed in 256.02, except hazardous

waste. KS is authorized by EPA to implement the RCRA

hazardous waste programs and is approved for their

MSWLF permitting program.

(a)(2): page 5, KSA 65

‐ 3402(b), (c), and (d) define solid

waste management system, processing facility, and

disposal area, indicating that the aspects of solid waste

management listed in 256 are covered within KS’ overall

solid waste management program.

(b) The State Plan shall establish and justify priorities and timing

for actions. These priorities shall be based on the current level 

## NON

‐ CCR:

## 3



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

of solid waste management planning and implementation

within the State, the extent of the solid waste management

problem, the health, environmental and economic impacts of

the problem, and the resources and management approaches

available. Page 3 provides overview of the comprehensive solid

waste program that has been developed over the last

several decades. KS’ current authorities, solid waste

plan, and report to legislature demonstrate that their

system is set up to identify and address priorities. 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 could be used to demonstrate

compliance with this requirement—i.e., the state’s

priorities and timing of actions.

A link to the 2010 plan was provided in the text on page

2 as follows: The sustainability

‐ focused plan will be called

the “State of Kansas Comprehensive Solid Waste

Management Plan”; this plan can be found on the Kansas

Department of Health & Environment (KDHE) Bureau of

Waste Management web site at

www.kdheks.gov/waste/

. “



## 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

process for achieving the objectives of the Act and meeting the

requirements of these guidelines. This process shall describe as

specifically as possible the activities to be undertaken, including

detailed schedules and milestones. 

## NON

‐ CCR

The process KS uses for overall state

‐ wide and county

level planning, as well as regulatory and enforcement

efforts is described generally in the plan. Specific

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.

A link to the 2010 plan was provided in the text on page

2 as follows: The sustainability

‐ focused plan will be called

the “State of Kansas Comprehensive Solid Waste

Management Plan”; this plan can be found on the KDHE

Bureau of Waste Management web site at

www.kdheks.gov/waste/

. “



## 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

specific regulation development steps are described on

page 14.

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

period from the date submitted to EPA for approval. 

## NON

‐ CCR

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.

## 4



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

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.

The text on page 2 was modified to read as follows: The

Part 256 CCR plan will cover no less than a five

‐ year time

period, which will be set to coincide with the timeframe

covered in future updates of the State of Kansas

Comprehensive Solid Waste Management Plan. KDHE

will review both plans no less frequently than every three

years to determine the need for revision and re

‐ adoption.

(e) The State plan shall identify existing State legal authority for

solid waste management and shall identify modifications to

regulations necessary to meet the requirements of these

guidelines. 

## NON

‐ CCR and CCR

This is addressed in specific sections below related to

legal authorities, regulatory authorities, and guideline

requirements.

§ 256.03 State plan submission, adoption, and revision.

( a) To be considered for approval, the State plan shall be

submitted to EPA within a reasonable time after final

promulgation of these guidelines

. Not applicable

(b) Prior to submission to EPA, the plan shall be adopted by the

State pursuant to State administrative procedures. 

## NON

‐ CCR and CCR

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

participation procedures required by Subpart G of this part. See 256.60

(d) The plan shall contain procedures for revision. The State plan

shall be revised by the State, after notice and public hearings,

when the Administrator, by regulation, or the State determines,

that:

(1) The State plan is not in compliance with the requirements of

these guidelines;

(2) Information has become available which demonstrates the

inadequacy of the plan; or

(3) Such revision is otherwise necessary. 

## NON

‐ CCR and CCR

On page 2, KS indicates they will review the plan every

three years to determine the need for revision or re

‐ adoption. EPA suggests that KS add a short description

of the procedures they would follow to revise the plan

(or provide reference if these procedures are in the

appendix).

The following text was added to page 2: Plan revisions,

when necessary, will be a public process involving key

stakeholders. The procedures will include a notice and

public hearing, in accordance with the requirements of

40 CFR 256.03 and 256.60.

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

necessary, revised and readopted not less frequently than every

three years. 

## NON

‐ CCR and CCR

On page 2, KS indicates they will review the plan every

three years to determine the need for revision or re

‐ adoption.

(f) States which are developing a complete State plan may

submit the portion of the plan designed to satisfy the

requirements of § 256.26 prior to submission of the complete

plan. Not applicable

§ 256.04 State plan approval, financial assistance.

(a) The Administrator shall, within six months after a State plan

has been submitted for approval, approve or disapprove the EPA requirements

## 5



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

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

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

. EPA requirements

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

the Administrator’s determination that the State plan complies

with the requirements of these guidelines. EPA requirements

(d) The Administrator shall approve a State application for

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. EPA requirements

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

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.) EPA requirements

(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.) Not applicable

§ 256.05 Annual work program Not applicable

§ 256.06 Definitions



### Subpart B—Identification of Responsibilities; Distribution of Funding

§ 256.10 Requirements

(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) 

## NON CCR and CCR

(a)(1): 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

## 6



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

authorities in the development and

implementation of the State plan;

(2) The means of distribution of Federal funds to the

authorities responsible for development and

implementation of the State plan; and

(3) The means for coordinating substate planning

and implementation.

(b) Responsibilities shall be identified for the classification

of disposal facilities for the inventory of open dumps.

(c) Responsibilities shall be identified for development

and implementation of the State regulatory program

described in subpart C of this part.

(d) Responsibilities shall be identified for the

development and implementation of the State

resource conservation and resource recovery program

described in subpart D of this part.

(e) State, substate and private sector responsibilities shall

be identified for the planning and implementation of

solid and hazardous waste management facilities and

services.

(f) Financial assistance under sections 4008(a)(1) and (2)

shall be allocated by the State to State and substate

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). on regional planning and who can/should be involved in

the process.

(b): Per the responsibilities outlined above in (a)(1),

Regulatory development and permitting responsibility

resides with the state agency

– this is how open dumps

are defined in the state

‐‐ disposal areas operating

without a permit.

(c): Per the responsibilities outlined above in (a)(1), the

state agency is responsible for developing appropriate

regulations.

(d): Per the overall state policy (see A

‐ 1), the state

encourages waste reduction and recycling. Per KSA 65

‐

3405 (A

‐ 4), the county/local level is responsible for

planning for solid waste management, including waste

reduction/recovery. Per KSA 65

‐ 3415 (A

‐ 17), the state

provides funding to support local

‐ level efforts on

resource recovery and KSA 65

‐ 3405 (A

‐ 4).

(e): State and local responsibilities are described for solid

waste (see 256.01(b)(1) description). Policy (see A

‐ 1)

indicates the involvement of private enterprises. Page 9

provides information on utilities for CCR units.

(f): not applicable



### 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

shall assure that the State has adequate legal authority to

prohibit the establishment of new open dumps and to close or

upgrade existing open dumps. The prohibition of the

establishment of new open dumps shall take effect no later than

six months after the date of promulgation of the criteria or on

the date of approval of the State plan, whichever is later. 

## NON

‐ CCR

Page 6, plus A

‐ 7, A

‐ 9, and A

‐ 13. KS indicates the

prohibition against open dumps went into effect decades

ago.



## CCR

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

provide for the establishment of State regulatory powers. These

powers:

(a) Shall be adequate to enforce solid waste disposal standards

which are equivalent to or more stringent than the criteria for

classification of solid waste disposal facilities (40 CFR part 257).

Such authority shall be as definitive as possible and clearly

establish the means for compliance. 

## NON

‐ CCR

(a): page 6 and associated appendix pages (all have been

referenced under other provisions).

(b): Page 6 provides specific inspection, monitoring

authorities which are included in the appendix.

(c ): pages 4 and 6 address permitting authority;

appropriate sections are included in the appendix

## 7



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

(b) Shall include surveillance capabilities necessary to detect

adverse environmental effects from solid waste disposal

facilities. Such capabilities shall include access for inspection and

monitoring by regulatory officials and the authority to establish

operator monitoring and reporting requirements.

(c) Shall make use of a permit program which ensures that the

establishment of new open dumps is prohibited.

(d) Shall have administrative and judicial enforcement

capabilities, including enforceable orders, fines or other

administrative procedures, as necessary to ensure compliance. (d): enforcement authorities are listed and included in

the appendix.



## CCR

(a): Page 13 indicates KS plans to incorporate the federal

criteria for CCR units by reference, although they

indicate some modifications of terms may be necessary.

EPA suggests that KS indicate more specifically what

terms will be modified. Definition of terms in the federal

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.

The modifications that are necessary for adoption will be

non

‐ substantive, and similar to those made in Kansas’

adoption of the federal hazardous waste regulations; the

2013 authorization of the hazardous waste regulations

found these modifications did not make Kansas

regulations less stringent than the federal regulations.

Kansas will follow guidelines provided in the EPA

document “Guidelines for State Adoption of Federal

RCRA Regulations by Reference.”

For example, page 9 of the guidance states:

States should substitute their own statutes for the

Federal terms “Resource Conservation and Recovery

Act”, “RCRA”, “Subtitle C of RCRA”, “RCRA Subtitle C”, or

“Subtitle C”, when referring either to an operating permit

or to the Federal hazardous waste program as a whole

(i.e., not a specific provision of RCRA)...

So where 40 CFR 257.98(d) states: “All CCR that are

managed pursuant to a remedy required under § 257.97,

or an interim measure required under paragraph (a)(3)

of this section, shall be managed in a manner that

complies with all applicable RCRA requirements,” Kansas

replaced “RCRA requirements” with “Kansas solid and

hazardous waste program requirements.”

Also, the state cannot adopt explanatory or non

‐ regulatory language, e.g. the purpose statement in 40

CFR 257.50(a). Kansas will not adopt 40 CFR 257.51,

because this will not be the effective date of our

regulation.

Kansas will work with EPA while drafting the regulations

to ensure that modifications do not make the State

regulations less stringent than the federal regulations.

The text on page 15 (previously page 13) was modified to

read as follows:

As discussed in Chapter 1, KDHE will be adopting 40 CFR

Subpart D by reference. Kansas will follow EPA guidelines

for the adoption of regulations by reference and will

## 8



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

consult with EPA while drafting the regulations to ensure

that modifications are consistent with the federal

criteria. The regulations will not be modified to make

them any more or less stringent than the Federal

regulations and existing state requirements.

(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.

The following text was added to page 13 (previously

page 11):

Facility permits will continue to be updated as necessary

to ensure compliance with requirements of the CCR rule

that have deadlines after 2016.

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.

The term “landfill permit conditions” (now on page 14)

was replaced with “permit conditions” because these

permits will encompass both disposal areas and surface

impoundments.

§ 256.23 Requirements for closing or upgrading open dumps.

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

upgrading open dumps:

(a) The State plan shall provide for the classification of existing

solid waste disposal facilities according to the criteria. This

classification shall be submitted to EPA, and facilities classified

as open dumps shall be published in the inventory of open

dumps.

(b) The State plan shall provide for an orderly time

‐ phasing of

the disposal facility classifications described in paragraph (a) of

this section. The determination of priorities for the classification

of disposal facilities shall be based upon:

(1) The potential health and environmental

impact of the solid waste disposal facility;

(2) The availability of State regulatory and enforcement powers;

and

(3) The availability of Federal and State resources for this

purpose.

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

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

## NON CCR

(a) Because the implementation of their solid waste

program has been underway for decades and the

classification and permitting of facilities has already

happened, KS indicates on page 5 that there are no open

dumps in KS in 2015 and therefore they do not need to

publish an open dump inventory.

(b): Not applicable

– no open dumps to prioritize.

(c): Currently no existing open dumps to upgrade or

close. KS indicates that if an open dump is found, they

can use their enforcement authorities to upgrade or

close.

(d): page 5

– KSA 65

‐ 3411 provides authority for

requiring corrective measures if an open dump is found

and it presents any hazard to the environment or public

health.



## CCR

## 9



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

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. (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

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

In implementing the section 4005(c) prohibition on open

dumping, the State plan shall provide that any entity which

demonstrates that it has considered other public or private

alternatives to comply with the prohibition on open dumping

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

obtain a timetable or schedule for compliance which specifies a

schedule of remedial measures, and an enforceable sequence of

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

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

## NON CCR

Because KS’s solid waste program has been in place for

decades, there are no open dumps to apply this type of

compliance schedule to. However, their

compliance/enforcement program does provide a

process for addressing non

‐ compliance issues at

permitted sites and any new open dumps that are found.



## 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.

The following section was added to page 12 (previously

page 10) after the section on “Priority Facilities.”

Compliance Schedules

## 10



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

Kansas does not anticipate that any facility will be

classified as an “open dump” requiring a compliance

schedule. However, if a facility requests an extension to

any of the compliance dates in the CCR rule, Kansas will

evaluate the request in accordance with federal

guidelines including considering of the following:

 Whether other disposal units can be used;

 Whether the facility has made a good faith

effort to meet compliance deadlines;

 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 approved compliance schedule would identify the

specific activities that remain to be completed, along

with clear and enforceable deadlines for each, and follow

the public participation requirements of 40 CFR 256.64.



### Subpart D

– Resource Conservation and Resource Recovery Programs

§ 256.30 Requirements

(a) In order to comply with sections 4003(2) and (6) as they

pertain to resource conservation and recovery, the State plan

shall provide for a policy and strategy for encouragement of

resource recovery and conservation activities.

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

provide that no local government within the State is prohibited

under State or local law from entering into long

‐ term contracts

for the supply of solid waste to resource recovery facilities. 

## NON

‐ CCR and CCR

(a): See policy on page A

‐ 1, 65

‐ 3401(e). Other

provisions such as the grant program to local

governments and the requirements for local plans to

address waste reduction and recycling meet this

requirement.

(b): page 5, A

‐ 14, A

‐ 21, A

‐ 23



### Subpart E—Facility Planning and Implementation

§ 256.40 Requirements

In order to comply with section 4003(6), the State plan shall

provide for adequate resource conservation, recovery, storage,

treatment and disposal facilities and practices necessary to use or

dispose of solid and hazardous waste in an environmentally

sound manner. 

### NON –CCR

Page 7 provides the authorities that address this

provision



### CCR

Same as NON

‐ CCR

Subpart F

– Coordination with Other Programs

§ 256.50 Requirements.

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

to identify means for coordinating regional planning and

implementation under the State plan. Section 1006 requires the

Administrator to integrate all provisions of this Act (including

approval of State plans) with other Acts that grant regulatory

authority to the Administrator in order to prevent duplication of

administrative and enforcement efforts. In order to meet

these requirements: 

## NON

‐ CCR and CCR

Pages 7 and 13 provide information addressing

coordination with other environmental programs and

examples are provided. Page A

‐ 7, 65

‐ 3406, requires

cooperation with federal state, interstate, and local

governments. Administrative code 28

‐ 29

‐ 23 addresses

requirements for disposal and processing units to

comply with other air and water requirements. If

available, EPA suggest KS add information on any

## 11



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

(a) The State solid waste management plan shall be developed in

coordination with Federal, State, and substate programs for air

quality, water quality, water supply, waste water treatment,

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).

(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.

(j) 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 general provision that may be in statute or code that

requires compliance with all federal rules.

While Kansas does not have any statutory or regulatory

provisions that specifically require compliance with all

federal regulations, KS SWMP demonstrates that KS

provides for adequate and appropriate coordination

with other environmental programs.

Based on a comment received during the public

comment period, Kansas added the following

paragraph to page 16:

Class A, low hazard dams that have a height of less than

30 feet and a storage volume of less than 125 acre

‐ feet

at the emergency spillway elevation are exempt from

permitting. Class, C, high hazard dams are required to

have a safety inspection conducted by a licensed

professional engineer once every three years and class

B, significant hazard dams are required to have a safety

inspection conducted by a licensed professional

engineer once every five years.

## 12



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

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).

(l) 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 planning program, flood plains mapping);

(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:

(1) Maintain a current list of agencies, organizations, and

individuals affected by or interested in the plan, which shall

include any parties that request to be on the list, the owner or

operator of each facility classified as an open dump and any

other parties which the State determines to be affected by or

interested in the plan;

(2) Provide depositories of relevant information in one or more

convenient locations; and

(3) Prepare a responsiveness summary, in accord with 40 CFR

25.8, where required by this subpart or by an approved public

participation work plan, which describes matters on which the

public was consulted, summarizes the public’s views, and sets

forth the agency’s response to the public input. 

## NON

‐ CCR and CCR

This section is generally addressed on pages 5 and 7.

Specific steps for engaging the public on this CCR plan

are described. In addition, language in the 2010 plan

indicates there is an established stakeholder and public

participation processes for their overall solid waste plan

development. To more fully address the requirements

of this provision, EPA suggests KS include a link to their

comprehensive state solid waste website, which is a

depository for relevant information.

The following text was added to page 7 (previously page

6):

Items noted above and other relevant information will be

posted on the KDHE Bureau of Waste Management

## 13



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

(b) State and substate planning agencies shall provide

information and consult with the public on plan development

and implementation. Provision of information and consultation

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)(1) 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. comprehensive solid and hazardous waste web site:

www.kdheks.gov/waste/

.

EPA also suggests that KS describe how their newsletters

or other relevant information is distributed, in order to

clarify the maintenance of a stakeholder list.

The following text was added to page 6 (previously page

5):

• Notification of anticipated adoption or revision

distributed via the KDHE Bureau of Waste Management

newsletter or other means;

The following text was added to page 9 (previously page

7):

KDHE maintains a list comprised of people who have

been identified as potentially interested in solid waste

issues (e.g. county commissioners) and individuals who

have requested to be placed on the list. These people

receive a newsletter which includes information on

planned updates to solid waste management plans when

appropriate.

EPA suggests Kansas provide some information on how

they document public comments and their response to

comments.

The text on page 7 (previously page 6) was modified to

read as follows:

• Responsiveness summary prepared, made available on

web site, and sent to individuals who submit comments

or request a copy. The responsiveness summary contains

all comments received during the public comment period

and hearing as well as KDHE’s response to comments;

Finally, some information regarding the use of news

media should be provided.

The following text was added to page 7:

KDHE will issue press releases, if it is deemed

appropriate, to solicit comments and/or announce the

adoption of plans.

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

Not applicable

§ 256.62 Requirements for public participation in State regulatory development.

(a) The State shall conduct public hearings (and public meetings

where the State determines there is sufficient interest) on State

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 

## NON

‐ CCR and CCR

(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.

The text on page 17 (previously page 15) was modified to

read as follows:

• Preparation and distribution of a responsiveness

summary. The responsiveness summary contains all

## 14



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

under § 256.60(a)(1) and place the fact sheet in the State

information depositories maintained under § 256.60(a)(2). comments received during the public comment period

and hearing as well as KDHE’s response to comments. It

is made available on the KDHE web site, and sent to

individuals who submit comments or request a copy;

(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.

The text on page 17 (previously page 14) was modified to

read as follows:

• Publication of a public hearing notice, which includes a

summary of the proposed regulations, in the Kansas

Register

. The hearing notice, proposed regulations, and

regulatory impact statement are posted on the KDHE

web site;

The following text was deleted from page 17 (previously

page 15):

During the public comment period, the public hearing

notice, proposed regulations, and Economic and

Environmental Impact Statement are made available to

all interested parties on the KDHE web site.

The following text was added to page 17 and 18

(previously page 15):

In addition to the required notifications listed above, the

KDHE Bureau of Waste Management informs the public

and key stakeholders of regulations that are being

drafted, regulations proposed for adoption, and

regulations that have been adopted, though one or more

of the following, as appropriate:

 The KDHE Division of Environment Regulatory

Agenda, which is posted on the KDHE web site

at www.kdheks.gov/befs;

 The KDHE Bureau of Waste Management

newsletter;

 Letters and emails to stakeholders; and

 Stakeholder meetings.

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

(a) Before approving a permit application (or renewal of a

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. 

## NON

‐ CCR and CCR

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.

The following text was added to page 16 (previously

page 14):

There is no public participation process for the annual

permit renewals, because there is not a significant

degree of public interest. The annual permit renewal is

## 15



# 256 state plan requirements How these requirements are

demonstrated in Kansas SWMP

an administrative process, only requiring submission of

the following:

 The renewal fee, if applicable;

 Proof of liability insurance;

 Current closure and post

‐ closure care cost

estimates; and

 Proof of financial assurance for closure and

post

‐ closure care.

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

(a) The State shall provide an opportunity for public

participation prior to submission of any classification of a facility

as an open dump to the 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)(1) 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)(1) who are owners or operators of facilities

classified as open dumps, such notice shall indicate that the

facility has been so classified. 

## NON

‐ CCR and CCR

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.

The following text was added to page 9 (previously page

7):

There is no routine public notification or participation as

part of KDHE’s solid waste program compliance and

enforcement procedures because facilities typically come

into compliance within 30 to 60 days. When illegal

disposal at an open dump is identified, local government

officials are involved in the removal or closure decisions,

unless the waste is promptly removed by the responsible

party. Compliance and enforcement information is

available to the public under the Kansas Open Records

Act.

The new section on Compliance Schedules that has been

added to page 12 includes the following language:

Any approved compliance schedule would identify the

specific activities that remain to be completed, along

with clear and enforceable deadlines



## Additional Changes made by Kansas as a re sult of EPA’s comments, the public comment

period and public hearing

1. The following language was added to section 3 on page 6 (previously page 5) of Kansas’s

CCR Part 256 Plan:

Any new open dump that is identified is either cleaned up by the responsible party, cleaned

up by the state in cooperation with local government, or closed in place with the approval of

local government.

2. Based on EPA’s letter dated August 6, 2015, the text on page 7 of Kansas’s CCR Part 256

Plan, (previously page 5) will be modified to read as follows:

## 16

 Public comments received for at least 30 days following posting of the notice on the web

site and publication in the Kansas Register ;

 Public hearing held at least 30 days after posting the notice on the web site and

publication in the Kansas Register . The reduced notification requirement for this Part

256 CCR Plan was approved by EPA, in accordance with 40 CFR 25.5(b) and 256.60(c),

in a letter to KDHE dated August 6, 2015;

3. Based on a comment received during the public comment period, Kansas agreed to add the

phrase “as in effect on the date this plan was prepared” on pages 4, 13, 14, and 17 of

Kansas’s CCR Part 256 Plan.



## KEY

Black – References information and page s in the draft SWMP (dated 6/30/15)

Red – EPA’s comments (dated 8/6/15) on the draft SWMP

Blue – References information and pages in the final SWMP (dated 9/29/15)