DSHW-2009-007481 - 0901a0688013aa1f

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
999 18th STREET - SUITE 500
DENVER, COLORADO 80202-2466
OCT 2 4 1995
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Ref: 8PPSTA
Mr. Aii Kahn -'-yf.a^-
Environmental Engineer
Acquisition Environmental Management
ASC/EM(D)
Building 8
1801 Tenth Street, Suite 2
Wright-Patterson AFB, OH 45433-7626
Dear Mr. Kahn:
This letter is written in response to your verbal request of
October 11, 1995, for documentation of the relationship between
the hazardous waste programs in the State of Utah and in the
U.S. EPA, specifically with regard to the U.S. Air Force Plant 78
(AFP78) at Thiokol Corporation in Utah. You indicated that the
Air Force plans to sell AFP78 to Thiokol Corporation, and wishes
to have documentation regarding the status and jurisdiction of
corrective action at that site.
We have since received a copy of the October ll, 1995,
letter to you from the State on this issue. As indicated by that
letter and its attachments, the State of Utah has received final
authorization to manage the hazardous waste program in the State
of Utah. Utah now has responsibility for permitting the
treatment, storage, and disposal facilities within its borders
and carrying out other aspects of the Resource Conservation and
Recovery Act (RCRA) prograin, including requirements for
corrective action. EPA retains its full responsibility to ensure
full and faithful execution of the requirements of RCRA,
including direct implementation of the Hazardous-and- Solid Waste
Amendments (HSWA) in the event the State is not authorized to
act. EPA also retains the right to conduct inspections under
Section 3007 of RCRA and to take enforcement actions under
Sections 3008, 3013, and 7003 of RCRA. Also, EPA retains all
hazardous waste authority under RCRA which applies to Indian
Country in Utah.
With regard to the interaction between the RCRA and
Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) programs at EPA, we recognize that on
January 6, 1993, EPA determined that the AFP78 site was
classif ie(i as SiteEvaliaation Accomplished (SEA) . As indicated
in our letter of that date, we are not completely closing our
CERCLA files on that site. If site conditions change or new
information becomes available, EPA will review it and, if
V Printed on Recycled Paper
appropriate, proceed to the next phase of the evaluation. SEA
means that the site, based on currently available information,
will not be pursued for inclusion on the National Priorities List
and that no Federal CERCLA remedial action is planned. It does
not mean that there is no risk at the site. Also, the SEA
determination does not preclude the Stage agencies from
remediating the site under State authorities.
Given the preceding discussion, at this time we concur with
the intention of the Utah Division of Solid and Hazardous Waste
utilizing its RCRA authority to oversee all hazardous waste
management, corrective action, and closure activities at AFP78.
If you have any questions regarding this letter, please call
Mindy Mohr at [phone].
Sincerely, a Wanda Taunton, Director
Hazardous Waste Program
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