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Moran, Nicole

From: Christine Mennicke <cmennicke@kdheks.gov>

Sent: Wednesday, July 01, 2015 3:10 PM

To: Moran, Nicole

Cc: William Bider

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

Follow Up Flag: Follow up

Flag Status: Flagged

Hello Nicole, 

40 CFR 256.60(c) requires that state planning agencies conduct public hearings in accordance with 40 CFR 25.5. In our 

Part 256 CCR Plan we stated that we would post the notice to adopt the plan on our web site at least 45 days before the 

hearing. This was to meet the requirement in 40 CFR 25.5(b) that the hearing notice be “well publicized.....at least 45 

days prior to the date of the hearing.” 

40 CFR 25.5(b) also states that under certain circumstances EPA can reduce the notice requirement to 30 days. Would 

the reduction be applicable in this case since the CCR plan is such a narrow topic? If it can be reduced, we would change 

the wording on page 5 of the plan as shown in underline/strikeout below: 

• Notice to adopt the plan posted on the KDHE web site, followed by publication in the Kansas Register; 

• Public comments received for at least 45 30 days following posting of the notice on the web site, or at least 

30 21 days after publication in the Kansas Register, whichever is later ; 

• Public hearing held at least 45 30 days after posting the notice on the web site, or at least 30 21 days after 

publication in the Kansas Register, whichever is later; 

If no major changes are required based on your preliminary review, we are hoping to post the notice and plan on the 

web site by mid-July and hold the hearing mid-August. 

Thank you, 

Christine Mennicke

Environmental Scientist

Bureau of Waste Management

Kansas Department of Health and Environment

785-296-0724 

From: William Bider 

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

To: 'Moran, Nicole' 

Cc: Christine Mennicke 

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

Nicole, 

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

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

this process. 

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

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

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

To: William Bider 

Cc: Christine Mennicke 

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

Worked ok this time, thanks! 

Nicole Moran 

US Environmental Protection Agency, Region 7 

Air and Waste Management Division 

Waste Enforcement and Materials Management Branch 

11201 Renner Boulevard 

Lenexa, KS 66219 

913-551-7641 (phone) 

moran.nicole@epa.gov

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

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

To: Moran, Nicole 

Cc: Christine Mennicke 

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

Nicole, 

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

it up into parts. Let us know. 

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

Bill 

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

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

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

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

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

Bill, 

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

Thanks, 

Nicole 

Nicole Moran 

US Environmental Protection Agency, Region 7 

Air and Waste Management Division 

Waste Enforcement and Materials Management Branch 
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11201 Renner Boulevard 

Lenexa, KS 66219 

913-551-7641 (phone) 

moran.nicole@epa.gov

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

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

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

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

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

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

receiving your questions or comments. 

Bill Bider 

Director 

Bureau of Waste Management 

(785) 296-1612 

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

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

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

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

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

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

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

workgroup? 

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

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

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

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

Subject: Kansas Part 256 CCR Solid Waste Management Plan 

Don, 

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

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

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

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

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

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

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

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

256 solid waste management plan, we prepared a plan that addresses all relevant issues required in the original plans in 
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addition to the Kansas approach to administering a compliance and enforcement program for the new federal CCR 

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

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

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

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

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

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

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

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

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

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

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

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

Bill Bider 

Director 

Bureau of Waste Management 

(785) 296-1612