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Home My WebLink AboutDSHW-2011-014393 - 0901a068802eab50State of Utah GARY R. HERBERT Governor GREG BELL Lieutenant Governor Department of Environmental Quality Amanda Smith Executive Director DIVISION OF SOLID AND HAZARDOUS WASTE Scott T. Anderson Director October 6, 2011 Newspaper Agency Corporation Legal Advertising Department PO Box 45838 Salt Lake City, UT 84145 Dear Sir/Madam: Solid and Hazardous Waste Control Board Kevin Murray. Chair Kory Coleman., Vice-Chair Brian E. Brower Scott Bruce Jeff Combs, MPH, LEHS R. Ryan Dupont, Ph.D. Larry A. Ellertson Brian E. Brower Brad Mertz Gary Mossor Kevin Murray Dennis Riding Dwayne Woolley Amanda Smith Scott T. Anderson Executive Secretan· This letter constitutes authorization to publish the attached NOTICE in the Salt Lake Tribune and Deseret Morning News on Tuesday, October 11, 2011o Please send invoice and affidavit of publication to: Scott T. Anderson, Director Utah Department of Environmental Quality Division of Solid and Hazardous Waste P.O. Box 144880 Salt Lake City, UT 84114-4880 Sinc:::t (~ cL - Scott T. Anderson, Executive Secretary Utah Solid and Hazardous Waste Control Board STA/tjm Enclosure 195 North 1950 West o Salt Lake City, UT Mailing Address: P.O. Box 144880 o Salt Lake City, UT 84114-4880 Telephone (801) 536-0200 o Fax (801) 536-0222 o T.D.D. (801) 536-4414 www.deq.utah.gov Printed on I 00% recycled paper State of Utah GARY R. HERBERT Governor GREG BELL Lieutenant Governor Department of Environmental Quality Amanda Smith Executive Director DIVISION OF SOLID AND HAZARDOUS WASTE Scott T. Anderson Director August 1, 2011 Ogden Standard Examiner 332 South Ward Avenue Ogden, UT 84401 Dear Sir/Madam: Solid and Hazardous Waste Control Board Kevin Murray, Chair Kory Coleman., Vice-Chair Brian E. Brower Scott Bruce Jeff Combs, MPH, LEHS R. Ryan Dupont, Ph.D. Larry A. Ellertson Brian E. Brower Brad Meru Gary Mossor Kevin Murray Dennis Riding Dwayne Woolley Amanda Smith Scott T. Anderson Executive Secrelarr This letter constitutes authorization to publish the attached NOTICE in the Ogden Standard Examiner on Tuesday, October 11, 2011o Please send invoice and affidavit of publication to: Scott T. Anderson, Director Utah Department of Environmental Quality Division of Solid and Hazardous Waste P.O. Box 144880 Salt Lake City, UT 84114-4880 'Si~ Scott T. Anderson, Executive Secretary Utah Solid and Hazardous Waste Control Board STA/tjm Enclosure 195 North 1950 West o Salt Lake City, UT Mailing Address: P.O. Box 144880 o Salt Lake City, UT 84114-4880 Telephone (801) 536-0200 o Fax (801) 536-0222 o T.D.D. (801) 536-4414 www.deq.utah.gov Printed on I 00% recycled paper NOTICE The Executive Secretary of the Utah Solid and Hazardous Waste Control Board has issued an emergency hazardous waste treatment permit (#UT-042-2011) to the ATK Launch Systems- Promontory facility. This permit authorizes A TK personnel to 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 is effective on October 3, 2011 and expires on December 31, 2011. Utah Administrative Rules allow application for an emergency permit if an imminent and substantial endangerment to human health or the environment is present. A TK 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 of Solid and Hazardous Waste has copies of the permit available for public inspection during normal business hours on the 2nd floor of the Multi-Agency State Office Building, 195 North 1950 West, Salt Lake City. For further information, contact JeffVandel at (801) 536-0257. In compliance with the American Disabilities Act, individuals with special needs (including auxiliary communicative aids and services) should contact Brooke Baker, Office of Human Resources at 536- 4412 (TDD 536-4414). TN201100943 STATE OF UTAH EMERGENCY PERMIT UT-042-2011 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 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 properly 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 bum them in place prior to 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 ofR315-1 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 oftreatment within the Kosmo testing area, a record of any lost flares, a description of the treatment effectiveness, and the final disposition 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 A TK 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 September 29, 2011 and through discussions with A TK 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) ofthe Rules. This permit is effective October 3, 2011 and shall expire on December 31, 2011. Signature: Scott T. Anderson, Executive Secretary Utah Solid and Hazardous Waste Control Board TN201100943 Date: I(J/(o h.o I I I I State of Utah GARY HERBERT Governor GREG BELL Lieutenant Governor David P. Go sen, P .E. Department of Environmental Quality Amanda Smith Executive Director DIVISION OF SOLID AND HAZARDOUS WASTE Scott T. Anderson Director October 6, 2011 Director, Environmental Services ATK Launch Systems -Promontory P.O. Box 707 Brigham City, UT 84302-0707 RE: Hazardous Waste Emergency Permit ATK Launch Systems-Promontory Facility UTD009081357 Dear Mr. Gosen: Solid and Hazardous Waste Control Board Kevin Murray, Chair Kory Coleman, Vice-Chair Brian E. Brower Scott Bruce Jeff Coombs, MPH, LEHS R. Ryan Dupont, Ph.D. Larry A. Ellertson Brett Mickelson Brad Mertz GaryMossor Dennis Riding Dwayne Woolley Amanda Smith Scott T. Anderson Executive Secretary The Division of Solid and Hazardous Waste has completed its review of your request for 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 ofDefense. A TK has determined that flares that fail to ignite, or only partially 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 A TK may open bum flares that fail to ignite properly in-place at the Kosmo testing area. The flares that will be tested and covered by this permit are LUU-19, LUU-1, LUU2-C/B, M257, and M278. Enclosed is Utah Hazardous Waste Emergency Permit #UT-042-2011 authorizing ATK to treat the referenced flares 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. A TK is also required to maintain records of the open burning activities. These records should include the date and time of treatment, the name ofthe person(s) conducting the treatment, the number and type of flares treated, the location of treatment, a description ofthe treatment effectiveness, and the final disposition of waste residues. These records TN201100943 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 WUJW.deq.utah.gov Printed on I 00% recycled paper must 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 becomes effective on October 3, 2011 and will expire on December 31, 2011. 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 JeffVandel at (801) 536-0257. Scott T. Anderson, Executive Secretary Utah Solid and Hazardous Waste Control Board STA/N/tjm Enclosure c: Jason Wells, ATK Launch Systems Lloyd Berentzen, MBA, Health Officer, Bear River Health Department TN201100943