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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 agenc ies conduct public hearings in accordance with 40 C FR 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 4 5 days before the hearing. This was to meet the requirement in 40 CFR 25.5(b) that the hearing notice be “well publicize d.....at least 45 days prior to the date of the hearing.”

40 CFR 25.5(b) also states that under certain circu mstances EPA can reduce the notice requirement to 3 0 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 under line/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 w eb 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 le ast 30 21 days after publication in the Kansas Register , whichever is later;

If no major changes are required based on your prel iminary review, we are hoping to post the notice an d plan on the web site by mid-July and hold the hearing mid-Augus t.

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 Pla n

Nicole,

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

Have you heard whether any other states are moving forward at this aggressive pace?2 Bill

From: Moran, Nicole [ mailto:moran.nicole@epa.gov ] Sent: Wednesday, July 01, 2015 12:26 PM To: William Bider Cc: Christine Mennicke Subject: RE: Kansas Part 256 CCR Solid Waste Management Pla n

Worked ok this time, thanks!

Nicole Moran US Environmental Protection Agency, Region 7 Air and Waste Management Division Waste Enforcement and Materials Management Branch 11201 Renner Boulevard Lenexa, KS 66219 913-551-7641 (phone) moran.nicole@epa.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 Pla n

Nicole,

I will try again. If you cannot open it this time, I will have Christ ine send it in a different format or she may need t o break it up into parts. Let us know. The people I sent it to internally at KDHE can open it.

Bill

From: Moran, Nicole [ mailto:moran.nicole@epa.gov ] Sent: Wednesday, July 01, 2015 9:47 AM To: William Bider; Toensing, Don; Callier, James Cc: Gary Mason; John Mitchell; Dennis Degner; Christin e Mennicke; Darian Dernovish Subject: RE: Kansas Part 256 CCR Solid Waste Management Pla n

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

Nicole Moran US Environmental Protection Agency, Region 7 Air and Waste Management Division Waste Enforcement and Materials Management Branch3 11201 Renner Boulevard Lenexa, KS 66219 913-551-7641 (phone) moran.nicole@epa.gov

From: William Bider [ mailto:wbider@kdheks.gov ]
Sent: Wednesday, July 01, 2015 8:58 AM
To: Toensing, Don; Moran, Nicole; Callier, James
Cc: Gary Mason; John Mitchell; Dennis Degner; Christin e Mennicke; Darian Dernovish Subject: RE: Kansas Part 256 CCR Solid Waste Management Pla n

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

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

Thanks, Bill. We’ll try to give you our preliminar y feedback as soon as possible. Do you have any problem if we share your draft with other EPA perso nnel that are on the implementation workgroup?

From: William Bider [ mailto:wbider@kdheks.gov ]
Sent: Wednesday, July 01, 2015 8:47 AM
To: Toensing, Don; Moran, Nicole; Callier, James
Cc: Gary Mason; John Mitchell; Dennis Degner; Christin e Mennicke; Darian Dernovish Subject: Kansas Part 256 CCR Solid Waste Management Plan

Don,

In accordance with your e-mail dated June 24, 2015 sent in response to my earlier request for EPA’s “p reliminary
review” of the Kansas Part 256 CCR solid waste mana gement plan, I am submitting our DRAFT plan for rev iew by EPA. The preliminary review is being requested for two purposes: (1) to receive initial feedback from EPA before KDHE initiates the required public participation process ; and (2) to facilitate a prompt review and approva l by EPA after KDHE completes the public participation process. It is KDHE’s goal to receive EPA approval of the plan bef ore the effective date of the first CCR regulations (October 19, 2015 ). We realize this is an optimistic goal, but we b elieve it is doable and beneficial with respect to assessing and ensuring c ompliance with the regulations.

A pdf copy of the Kansas plan is attached for your review. Since neither KDHE nor EPA could find an o riginal Kansas Part 256 solid waste management plan, we prepared a plan that addresses all relevant issues required in the original plans in4 addition to the Kansas approach to administering a compliance and enforcement program for the new fede ral CCR regulations. The plan explains the regulatory appr oach in detail. It will include both modified enfo rceable permits and permit documents that incorporate all CCR regulatio ns to be followed by the adoption of the CCR regula tions by reference. Right from the first effective date (Oc tober 19, 2015), KDHE will have regulatory authorit y to enforce these regulations through existing permits and associated permit documents such as facility operating plans.

KDHE is asking EPA for an initial overall assessmen t of the Kansas plan from a content perspective. D oes the plan include all information that is necessary for appro val? Based upon your early feedback, we will initi ate the public participation process leading to adoption of the pl an. Following adoption, hopefully with few if any changes, the final plan will be submitted to EPA so you can officially complete your review.

As you review the DRAFT plan more thoroughly, pleas e provide us with any comments you may have that co uld be incorporated into our final plan. If at any time d uring your preliminary review, you would like a mee ting to discuss the plan, we would be happy to come to your offices to facilitate the process. Please let me know if you have any questions.

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

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