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Home My WebLink AboutDSHW-2011-014439 - 0901a068802eac3aState of Utah GARY R. HERBERT Governor GREG BELL Lieutenant Governor David P. Gosen, P.E. Department of Environmental Quality Amanda Smith Executive Director DIVISION OF SOLID AND HAZARDOUS WASTE Scott T. Anderson Director December 22, 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 Brad Mertz Brett Mickelson Gary Mossor 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, received December 19, 2011, 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 of Defense. Based on the information provided in your letter, ATK 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 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 are LUU-19, LUU-1, LUU2- C/B, M257, and M278. Enclosed is Utah Hazardous Waste Emergency Permit #UT-052-2011 authorizing ATK to treat the flares identified above that have been characterized as unsafe to move. This permit is based on the premise that the information provided by A TK 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. ATK is also required to maintain records of the open burning activities. These records should include the date and time of treatment, the name of the TN201 101331 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 person(s) conducting the treatment, the number and type of flares treated, the location of treatment, a description of the treatment effectiveness, and the final disposition of waste residues. These records 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 January 3, 2012 and will expire on April 1, 2012. 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 qu~stions, please call JeffVandel at (801) 536-0257. Sincerely, ORIGINAL DOCUMENT SIGNED BY SCOTT T. ANDERSON ON 12/22/2011 Scott T. Anderson, Executive Secretary Utah Solid and Hazardous Waste Control Board STNJV/tjm Enclosure c: Jason Wells, ATK Launch Systems Lloyd Berentzen, MBA, Health Officer, Bear River Health Department TN201101331 STATE OF UTAH EMERGENCY PERMIT UT-052-2011 Permittee: ATK LAUNCH SYSTEMS -PROMONTORY P.O.BOX707 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 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 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 December 13, 2011 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). This permit is effective on January 3, 2012 and expires on April1, 2012 unless terminated in accordance with R315-3-6.2(b)(4). Si~~:~~ ~ecretary Date: Utah Solid and Hazardous Waste Control Board 1N201101331 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 December 22, 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 Secretary This letter constitutes authorization to publish the attached NOTICE in the Salt Lake Tribune and Deseret Morning News on Thursday, December 29, 2011. 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 Scott T. Anderson, Executive Secretary Utah Solid and Hazardous Waste Control Board STA/tjm Enclosure 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 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 December 7, 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 Mertz Gary Mossor Kevin Murray Dennis Riding Dwayne Woolley Amanda Smith Scott T. Anderson Executive Secretary This letter constitutes authorization to publish the attached NOTICE in the Ogden Standard Examiner on Thursday, December 29,2011. 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 ~ Scott T. Anderson, Executive Secretary Utah Solid and Hazardous Waste Control Board STA/tjm Enclosure 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 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-052-2011) to the ATK Launch Systems- Promontory facility. This permit authorizes ATK 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 January 3, 2012 and expires on April 1, 2012. 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 Jeff Vandel 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). TN201101331