DSHW-2012-012433 - 0901a068802eae1f

State ofUtah
GARY HERBERT
Governor
GREG BELL
Lieutenant Governor
David P. Oosen, P .E.
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF SOLID AND
HAZARDOUS WASTE
Scott T. Anderson
Director
February 3, 2012
Director, Environmental Services
ATK Launch Systems-Promontory
P.O. Box 707
Brigham City, UT 84302-0707
RE: Request for Claim of Business Confidentiality
ATK Launch Systems-Promontory Facility
UTD009081357
Dear Mr. Oosen:
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
Gary Mossor
Dennis Riding
Dwayne Woolley
Amanda Smith
Scott T. Anderson
Executive Secretary
This letter is in response to ATK's request that the Reactive Waste Profiles that were submitted to
our office on January 19, 2012, be protected as business confidential information. The burn
ground waste tracking records for the last three years were originally requested by my staff on
November 22, 2011. Following the review ofthese records, the waste profiles were requested on
January 10,2012. In accordance with Section 309 ofORAMA (630-2-309 ofthe 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
public 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 630-2-309 is governed by the standards of the federal Freedom of
Information Act, 5 U.S.C. Sec. 552, and not the standards of Subsections 630-2-305(1) and (2).
Based on the reasons ATK provided to support the claim of business confidentiality, the content
of the records for which the claim has been made and applicable rules under ORAMA and FOIA,
the Division believes that the records meet the criteria for business confidential information.
Therefore, the Reactive Waste Profiles will not be in~luded in the Division's public record. This
information will be kept in a separate record at the Division's office.
TN201200288
195 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box 144880 • Salt Lake City, UT 84114-4880
Telephone [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.guo
Printed on 100% recycled paper
If you have any questions, please call JeffVandel at [phone].
Scott T. Anderson, Director
Division of Solid and Hazardous Waste
STA/JV/tjm
c: Blair Palmer, ATK Launch Systems
TN201200288 2