DSHW-2006-006945 - 0901a06880161a35 (4)

David P. Gosen, P.E.
Director, Environmental Services
ATK Launch Systems – Promontory
P.O. Box 707
Brigham City, UT 84302-0707

RE: Utah Hazardous Waste Emergency Permit UT-059-2006, ATK Launch Systems - Promontory Facility, EPA I.D. #UTD009081357

Dear Mr. Gosen:

The Division of Solid and Hazardous Waste has reviewed your request, dated September 29, 2006, for a 90-day emergency permit to treat, by open-burning, military flares that fail to ignite
during quality control testing procedures. As described in your letter, the quality control testing is required by ATK Launch System’s (ATK) contract with the Department of Defense,
and the contract extends for at least the next two years.

Based on the information provided in your letter, ATK has determined that flares that fail to ignite during these tests, once located, are unsafe to move due to the potential damage
sustained from the impact with the ground. An emergency permit for treatment is needed so that ATK may open burn flares in-place that fail to ignite properly at the Kosmo testing area.
The flares that will be tested, and covered by this permit include: LUU-19, LUU-1, LUU2-C/B, M257, and M278.

Enclosed is Utah Hazardous Waste Emergency Permit #UT-059-2006 providing ATK authorization for the treatment of flares, identified above, that have been characterized as unsafe to move.
This permit is based on the premise that the information provided by ATK is accurate and that treatment of flares will be conducted as specified in your letter.

Waste material collected after the treatment is complete must be properly characterized and transported to an approved disposal facility. The Division requires that ATK maintain records
of the open burning activities. These records need to include the date and time of treatment, the name of the person(s) conducting the treatment, the number and type of flares treated,
the

October 10, 2006
Page 2

specific location of treatment within the Kosmo testing area, a description of the treatment effectiveness, and the final disposal of waste residues. These records should be included
in the report that must be submitted to the Division within 14 days of the expiration date of the permit.

This permit became effective on October 1, 2006 and will expire on December 29, 2006. Emergency permits are issued under the authority of 19-6-101 through 105, Utah Code Annotated,
as amended and R315-3-6.2. If you have any questions, please contact Jeff Vandel at 538-6170.

Sincerely,

ORIGINAL DOCUMENT SIGNED BY DENNIS R. DOWNS ON 10/10/06

Dennis R. Downs, Executive Secretary
Utah Solid and Hazardous Waste Control Board

DRD\JV\tm

Enclosure

c: Lloyd Berentzen, Deputy Director, Bear River Health Department
Kathy Barker, DSHW

File to: ATK Launch Systems – Promontory

STATE OF UTAH EMERGENCY PERMIT UT-059-2006

Permittee:
ATK LAUNCH SYSTEMS - PROMONTORY
P.O. BOX 707
BRIGHAM CITY, UT 84302-0707

Pursuant to the Utah Solid and Hazardous Waste Act, 19.6.101-122, et. seq., Utah Code Annotated as amended and the Utah Administrative Code (R315-1 through R315-13, R315-50 and R315-101)
as adopted by the Utah Solid and Hazardous Waste Control Board, an emergency permit is issued to ATK Launch Systems - Promontory (hereafter called the “Permittee”) to treat, by open
burning, military flares (type LUU-1, LUU2-C/B, LUU-19, M257, or M278) that fail to ignite during quality control testing. State of Utah Administrative Rules allow application for an
emergency permit pursuant to R315-3-6.2 if an imminent and substantial endangerment to human health or the environment is present. The Permittee has requested an emergency permit based
on its determination that it is unsafe to move flares that fail to ignite after being dropped from an airplane or launched from the ground during testing procedures. It was determined
that the safest way to manage these potentially damaged flares is to burn them in place prior to transporting them for disposal. The U.S. Environmental Protection Agency has authorized
the Executive Secretary to issue such a permit under Section 3006(b) of the Resource Conservation and Recovery Act.

The Permittee shall comply with all terms and conditions of this permit. The permit consists of all applicable portions of R315-1 through R315-13, R315-50, and R315-101 incorporated
by reference. Applicable rules are those which are in effect on the date of issuance of this permit.

In addition, all waste generated from the treatment shall be properly characterized and transported to an approved disposal facility. The Permittee shall maintain records of the open
burning activities. These records shall include the date and time of treatment, the name of the person(s) conducting the treatment, the number and type of flares treated the specific
location of treatment within the Kosmo testing area, a description of the treatment effectiveness, and the final disposal of waste residues. These records shall be included in a report
that shall be submitted to the Executive Secretary within 14 days of the expiration date of the permit.

This permit is based on the premise that the information provided in a letter dated September 29, 2006 and through discussions with ATK personnel is accurate and that the treatment will
be conducted as specified. The Permittee shall inform the Executive Secretary of any deviation from, or changes in the information provided which could affect the Permittee's ability
to comply with the applicable regulations. Any inaccuracies or misrepresentations in the information provided may be grounds for the termination of this permit, in accordance with R315-3-6.2(b)(4)
of the Rules.

This permit is effective on October 1, 2006 and shall expire on December 29, 2006.

Signature: Date: ____________
Dennis R. Downs
Executive Secretary
Utah Solid and Hazardous Waste Control Board

NOTICE

The Executive Secretary of the Utah Solid and Hazardous Waste Control Board has issued an emergency hazardous waste treatment permit (# UT-059-2006) to the ATK Launch Systems – Promontory
facility. This permit was issued so that ATK personnel could open burn, in accordance with the Utah Hazardous Waste Management Rules, military flares that fail to ignite during airborne
and ground launch testing procedures. The permit was effective on October 1, 2006 and expires on December 29, 2006. Utah Administrative Rules allow application for an emergency permit
if an imminent and substantial endangerment to human health or the environment is present. ATK personnel requested an emergency permit to treat flares in place at Promontory Point based
on the determination that flares that fail to ignite are unsafe to move due to the potential damage sustained from the impact with the ground. After the treatment has been completed,
ATK personnel will collect the resulting waste material and properly characterize it for transport to an approved disposal facility.

Copies of the permit are available for public inspection during normal business hours, or other hours with prior arrangement, at the Division of Solid and Hazardous Waste, 4th floor
of the Martha Hughes Cannon Health Building, 288 North 1460 West, Salt Lake City. For further information, contact Jeff Vandel at [phone]. In compliance with the Americans with
Disabilities Act, individuals with special needs (including auxiliary communicative aids and services) should contact Charlene Lamph, Office of Human Resources at 536-4413 (TDD 536-4414)

October 10, 2006

TN200601155
288 North 1460 West • PO Box 144880 • Salt Lake City, UT 84114-4880 • phone [phone] • fax [phone]
T.D.D. [phone] • www.deq.utah.gov

State of Utah

Department of Environmental Quality

Dianne R. Nielson, Ph.D.
Executive Director

DIVISION OF SOLID AND HAZARDOUS WASTE
Dennis R. Downs
Director

JON M. HUNTSMAN, JR.
Governor

GARY HERBERT
Lieutenant Governor