DSHW-1999-003272 - 0901a0688013dd5c

PROPULSION GROUP {
P.O. BOX 707
BRIGHAM CITY, UT 84302-0707
801-863-3511
THtOKOL
AEROSPACE <?. INDUSTRIAL lECHNOlOGIES
\
March 9, 1999
8470-CY99- STOOl
MAR 1 t 1999
,..9J,0/D&0
Division or Solid & Hazardous Waste
Utah Department of Environmental Quality
Mr. Dennis R. Downs, Executive Secretary
State of Utah
Department of Environmental Quality
Division of Solid and Hazardous Waste
288 North 1460 West
P.O. Box 144880
Sah Lake City, Utah 84114-4880
Subject: Request to Promulgate Manifesting Exemption Found in Waste Military
Munitions Rule
Dear Mr. Downs,
On December 17, 1998, Thiokol held a meeting with your staff to discuss provisions of
the Waste Military Munitions Rule and their current status in the State of Utah, Thiokol
requested that current provisions ofthe Federal rule that are less stringent than previous
regulations be adopted by the Division of Solid and Hazardous Waste. This letter is in
follow-up to that discussion.
40CFR 262.20(f) contains an exemption from manifesting when transporting hazardous
waste along a public road that borders contiguous property ofthe same owner. This
provision would assist Thiokol as several of our facilities are cormected by public road,
which runs along the borders of our contiguous property. Thiokol must manifest many
shipments of hazardous waste to itself even though destinations are only a few miles
away. As the manifesting exemption is independent ofthe other provisions in the
Military Munitions Rule, Thiokol requests that the 40 CFR262.20(f) provision be adopted
as a separate rule as quickly as possible.
In addition, other provisions ofthe rule are beneficial to Thiokol in that they allow for a
more streamlined management of our waste military munitions without a loss of
enviroitmental protection. It is our understanding that the DSHW is currently drafting a
version ofthe Military Munitions rule for adoption sometime in late 1999. Thiokol also
requests that these provisions be adopted as soon as your schedule allows. Attached is a
summary of Thiokol's comments on the Military Munitions rule that would help reduce
redundant regulations at Thiokol.
«.
Thank you for your help and consideration of these issues. Please contact Paul Hancock
of my staffat [phone] with any questions.
Sincerely,
T. D. Thompson, Director
Environmental, Fire, Security and Medical Services
Attachment: a/s
Provisions of the Military Munitions Rule
(That reduce regulatory burden at Thiokol)
The Military Munitions Rule promulgated on February 12, 1997, by Federal EPA became
effective on August 12, 1997.
Review ofthe regulation by Thiokol has shown that there are provisions ofthe rule that
would benefit the solid rocket motor industry in the State of Utah and not diminish
environmental protection.
1. Definition of Solid Waste and using military munitions for their intended
purpose. Language in the ruling establishes a definition of solid wastes as applied to
military munitions. 40 CRF 266.202.(ii) - (iii) exempts from the definition of solid
waste militany.munitions used in development, testing, and evaluation and recovery,
and on range destruction of unexploded ordinance and munitions fragments at active
and inactive ranges. Included in this definition is an exemption for recycling and
disassembly.
• This definition would benefit Thiokol in instances when it is required to test
military munitions at test sites and then recover and destroy on range any
munitions that are still reactive. The Utah DSHW is helpful in these situations in
granting emergency treatment permits, however, Thiokol finds this to be a less
desirable solution. It is much safer for our explosive experts to be able to
immediately remove an explosive threat from an area after a test rather than to go
through the process of temporary approval from the DSHW. It also reflects an
unjustified stigma on Thiokol's safety arid environmental efforts with the public
notifications and records that must be made.
2. Storage of waste military munitions. 40 CFR 266.205 discusses the storage of
waste military munitions under Department of Defense Explosives Safety Board
(DDESB) standards and their conditional exemption from RCRA storage permitting.
This conditional exemption is contingent on notification ofthe state and inspections
and record keeping of these storage activities.
• This conditional exemption would benefit Thiokol as explosives storage bunkers
at Thiokol are operated under DDESB standards. The storage of reactive waste
under these circumstances would allow for a much more streamlined approval
process for storage of reactive wastes that are destined for treatment and avoid the
long process of storage permit approval. The DSHW has been responsive to our
needs for temporary authorization to store reactive wastes, but it does not
eliminate the very involved process of obtaining a storage permit, which typically
requires over a year with many meetings and correspondence with the state.