DSHW-1999-007073 - 0901a068803ac124

State of Utah
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF SOLID AND HAZARDOUS WASTE
Michael O. Leavitt 288 North 1460 West
Governor P.O. Box 144880
Dianne R. Nielson, Ph.D. Salt Lake City, Utah 84114-4880
Executive Director [phone]
Dennis R. Downs [phone] Fax
Director [phone] T.D.D.
www.deq.state.ut.us Web
January 11, 1999
SHW01090
Mr. Joe D. Thompson, Director
Environmental, Fire and Security
Thiokol Corporation
P.O. Box 707
Brigham City, UT 84302-0707
RE: Applicability of Wastewater Treatment Unit Exemption to Treatment of M-590
Wastewater in M-705 Tank
Dear Mr. Thompson:
On December 17, 1998, a meeting was held at the Cannon Health Building to discuss the
applicability of the RCRA Wastewater Treatment Unit (WTU) exemption to treatment of M-590
wastewater at Thiokolÿs wastewater treatment plant (M-705). Attendees of the meeting were:
Lindsay Ford, John Holladay and Paul Hancock, representing Thiokol, and Scott Anderson, Brad
Maulding and Jeff Vandel of the Division of Solid and Hazardous Waste (the Division).
Based on information provided by Thiokol, an ignitable liquid hazardous waste was generated from
a manufacturing process conducted at Building M-590. This wastestream was treated for the
ignitability characteristic at Thiokolÿs wastewater treatment plant (M-705). Due to the treated
wastewater exceeding UPDES standards for total dissolved solids, the wastewater was diverted to
the M-392 evaporation tanks rather than continuing to be discharged to Blue Creek.
Thiokolÿs interpretation of the WTU exemption, as it applies to wastewaters that arenÿt discharged
to surface waters, was presented in the meeting. This interpretation appears to be based on a
clarification of the WTU exemption that was provided by the EPA (Federal Register, Vol.53, No.
171, 34080). This clarification states that the wastewater treatment unit exemption is intended to
cover only tank systems that are part of a wastewater treatment facility that 1) produces a treated
wastewater effluent which is discharged into surface waters or into a POTW sewer system and
therefore is subject to the NPDES or pretreatment requirements of the Clean Water Act, or 2)
produces no treated wastewater effluent as a direct result of such requirements. This exemption is
not intended to apply to wastewater treatment units that are not required to obtain an NPDES permit
because they do not discharge treated effluent.
Mr. Joe D. Thompson
January 8, 1999
Page 2
According to the second stipulation of this clarification, it appears that the WTU exemption is
intended to cover tank systems that are part of a wastewater treatment facility that produces no
treated wastewater effluent as a direct result of NPDES requirements. Effluent is defined in R317-1-
1.11 as the liquid discharge from anyunit of a wastewater treatment works, including a septic tank.
Wastewater generated at M-590 is treated independently from other wastewaters at M-705, and then
it is diverted to the M-392 tanks, but it is not discharged to a surface water. Therefore, it appears that
wastewater effluent is not produced from the M-590 wastestream.
The EPA has stated that the purpose of the WTU exemption is to exclude tank systems subject to
regulation under the Clean Water Act from RCRA regulations. There are three requirements that
a tank system must meet in order for it to be defined as a WTU. The first requirement for a tank
system is that it must be part of a wastewater treatment facility that is subject to regulation under
either Section 402 or 307(b) of the Clean Water Act. The Division requests Thiokol provide
documentation that the M-392 tanks are considered by the Division of Water Quality to be an
authorized part of the UPDES-permitted wastewater treatment facility.
Based on the definition of a wastewater treatment unit and the EPA interpretation of how the RCRA
exemption applies to zero discharge facilities, it appears that the exemption would apply in this
case, as described above, as long as the M-392 tanks are considered part of the wastewater treatment
facility and treatment of the M-590 wastestream at M-705 and M-392 is conducted in accordance
with Thiokolÿs UPDES Permit.
If you have any questions regarding this letter, please contact Jeff Vandel at 538-9413.
Sincerely,
Original Document Signed
Dennis R. Downs, Executive Secretary
Utah Solid and Hazardous Waste Control Board
DRD\JCV\ts
c: John C. Bailey, M.D., M.S.P.H., Hlth Officer/Dept.Director, Bear River District Hlth Dept
Don Hilden, Section Manager, Division of Water Quality, Utah DEQ
f:\...\jvandel\wp\thiokol\m590wstw.199
file to: Thiokol