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Home My WebLink AboutDSHW-2011-009045 - 0901a06880274dc4 (4)June 16, 2011 David P. Gosen, P.E. Director, Environmental Services ATK Launch Systems – Promontory P.O. Box 707 Brigham City, UT 84302-0707 RE: Waste Characterization and Air Dispersion Modeling Protocol Business Confidentiality Claim ATK Launch Systems - Promontory Facility UTD009081357 Dear Mr. Gosen: This letter is in response to ATK’s request that Table 3-2 and Appendix A of the Waste Characterization and Air Dispersion Modeling Protocol be protected as business confidential information. In accordance with Section 309 of GRAMA (63G-2-309 of the Utah Code), a claim of business confidentiality may be made by any person who provides to a governmental entity a record that the person believes should be protected as business confidential information. If a record is properly classified as business confidential information, it is not included in the publicly accessible record that is maintained by the Division of Solid and Hazardous Waste. As stated in Utah Code, Section 19-1-306, access to records for which business confidentiality has been claimed under Section 63G-2-309 are governed by the standards of the federal Freedom of Information Act, 5 U.S.C. Sec. 552, and not the standards of Subsections 63G-2-305(1) and (2). Based on the reasons ATK provided to support the claim of business confidentiality, the content of the two records for which the claim has been made and applicable rules under GRAMA and FOIA, the Division believes that the records meet the criteria for business confidential information. Therefore, Table 3-2 and Appendix A of the Waste Characterization and Air Dispersion Modeling Protocol will not be included in the Division’s publicly accessible record. This information will be kept in a locked file cabinet under the control of the Division’s Records Officer at the Division’s office. If you have any questions, please call Jeff Vandel at (801) 536-0257. Sincerely, ORIGINAL DOCUMENT SIGNED BY SCOTT T. ANDERSON ON 6/16/2011 Scott T. Anderson, Director Division of Solid and Hazardous Waste STA/JV/tjm c: Blair Palmer, ATK Launch Systems TN201100553 2 195 North 1950 West • Salt Lake City, UT Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880 Telephone (801) 536-0200 • Fax (801) 536-0222 • T.D.D. (801) 536-4414 www.deq.utah.gov TN201100553 Printed on 100% recycled paper Solid and Hazardous Waste Control Board Kevin Murray, Chair Kory Coleman, Vice-Chair Michael D. Brehm, P.E. Scott Bruce Carlton Christensen Jeff Coombs, MPH, LEHS R. Ryan Dupont, Ph.D. Larry A. Ellertson Brad Mertz Gary Mossor John D Newman Dennis Riding Amanda Smith Scott T. Anderson Executive Secretary State of Utah GARY HERBERT Governor GREG BELL Lieutenant Governor Department of Environmental Quality Amanda Smith Executive Director DIVISION OF SOLID AND HAZARDOUS WASTE Scott T. Anderson Director