DSHW-1996-002406 - 0901a0688013c7ba

V
DEFENSE AND LAUNCH Vtr
P.O. BOX 689
BRIGHAM CITY, UT 84302-0689
801-863-3511
! DIVISION THKOKOL
SPACE'DEFENSE-fASTENING SYSTEMS
9 September 1996
W300:FY97:ST017
Mr. Dennis R. Downs, Executive Secretary
State of Utah
Department of Environmental Quality
Division of Solid and Hazardous Waste
288 N. 1460 W.
P.O. Box 144880
Salt Lake City, Utah 84114-4880
Dear Mr. Downs
Subject: Treatability Study Clarification
In March of this year, Thiokol representatives met with Mr. Brad Maulding and Mr. Otis
Willoughby of your oflSce to obtain clarification on how treatability study requirements in 40 CFR
261.4 (e) and (f) apply to particular processes at our facility. This letter is to obtain written
concurrence on the understanding that was reached between your office and Thiokol.
Thiokol is investigating many options for the reclamation and reuse of solid rocket propellant
instead of disposal. It is our understanding that treatability studies would not apply to our
propellant reclamation and recovery processes. There are several reasons for our conclusion:
1. The original treatability guidance document written by EPA in August 31. 1988, states
under "Step 2", that if material, including hazardous waste, "is being tested for
reclamation possibilities, it would be neither a solid waste nor hazardous waste until the
experimental residues are discarded".
2. EPA policy is not to regulate reclamation processes associated with unused Commercial
Chemical Products (CCP). This includes non-listed, characteristic CCP, e.g. propellants,
as explained in the April 11, 1985 Federal Register. In addition, the actual reclamation
operation associated with hazardous wastes is not regulated per 40 CFR 261.6(c) (1).
3. This is in keeping with the policy of your office as in the past Thiokol was not required
to follow treatability study requirements during the testing and startup of our M-528
Ammonium Perchlorate reclamation facility.
^^
D. R. Downs
9 September 1996
Page 2
Your office offered the following guidelines to determine when treatability study requirements
would apply to testing of a particular process:
If a process involves testing a hazardous waste for disposal or potential destruction
technologies with no intent to reclaim material from the process, then treatability study
requirements would apply.
If a process involves testing a material (CCP or hazardous waste) for potential reclamation
or recycling, then treatability study requirements would not apply as the material would
not be classified as a solid or hazardous waste until discarded.
Thank you for your consideration of this matter. We would appreciate written concurrence from
your office regarding this understanding.
J. D. Thompson