DSHW-2006-010435 - 0901a068801627b1 (6)

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-068-2006, ATK Launch Systems - Promontory Facility, EPA I.D. #UTD009081357

Dear Mr. Gosen:

The Division of Solid and Hazardous Waste has completed its review of your request, dated December 14, 2006, to issue an emergency permit for 90 days 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 that fail to ignite properly in-place 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-068-2006 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 must include the date and time of treatment, the name of the person(s) conducting the treatment, the number and type of flares treated,
the location of
December 28, 2006
Page 2

treatment, a description of the treatment effectiveness, and the final disposal of waste residues. These records need to be included in the report that is to be submitted to the Division
within 14 days of the expiration date of the permit.

In the event that a flare doesn’t deploy or ignite as designed and cannot be located for treatment under this permit, ATK should notify the Division as soon as possible. In addition,
all lost flares must be recorded and included in the report described above.

This permit will become effective on January 1, 2007 and will expire after 90 days on March 31, 2007. 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 12/28/06

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

DRD\JV\tm

Enclosure

c: Lloyd C. Berentzen, M.B.A., Health Officer/Director, Bear River Health Depart.
Kathy Barker, DSHW

File to: ATK Launch Systems – Promontory

STATE OF UTAH EMERGENCY PERMIT UT-068-2006

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 it 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 record of any lost flares, 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. In addition, if ATK is unable to find any flares
that fail to properly ignite or deploy, ATK shall notify the Executive Secretary as soon as possible.

This permit is based on the premise that the information provided in a letter dated December 14, 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 January 1, 2007 and shall expire on March 31, 2007.

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-068-2006) to the ATK Launch Systems – Promontory
facility. This permit was issued so that ATK personnel could treat, 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 January 1, 2007 and expires on March 31, 2007. 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 by
open burning 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.

The Division has copies of the permit available for public inspection during normal business hours, or other hours with prior arrangement on the 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 American 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).

December 28, 2006

TN200601543
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