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Home My WebLink AboutDSHW-2012-013190 - 0901a068803319edState of Utah GARY HERBERT Governor GREG BELL Lieutenant Governor Robert Ingersoll, P .E. Department of Environmental Quality Amanda Smith Executive Director DIVISION OF SOLID AND HAZARDOUS WASTE Scott T. Anderson Director December 31, 20 12 Director, Environmental Services A TK 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. Ingersoll: 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 Secretarv The Division of Solid and Hazardous Waste has completed its review ofyour request, received December 18, 2012, 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 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-038-2012 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 person(s) conducting the treatment, the number and type of flares treated, the location of DSHW-2012-011896 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.gau Printed on I 00% recycled paper 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, A TK 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 1, 2013 and will expire on March 31,2013. Emergency permits are issued under the authority of 19-6-101 through 122, Utah Code Annotated, as amended and R315-3-6.2 ofthe Utah Administrative Code. If you have any questions, please contact JeffVandel at (801) 536-0257. ~) Scott T. Anderson, Director Division of Solid and Hazardous Waste STA/N/tjm Enclosure c: Jason Wells, ATK Launch Systems Grant Koford, EHS, Environmental Health Director, Bear River Health Department DSHW-2012-011896 STATE OF UTAH EMERGENCY PERMIT UT-038-2012 Permittee: ATK LAUNCH SYSTEMS-PROMONTORY UTD009081357 P.O. BOX 707 BRIGHAM CITY, UT 84302-0707 Pursuant to the Utah Solid and Hazardous Waste Act, 19 .6.1 01-123, et. seq., Utah Code Annotated, as amended, and the Utah Administrative Code (R315-1 through R315-14 and R315-50) 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. 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 transporting it for disposal. The U.S. Environmental Protection Agency has authorized the Director of the Division of Solid and Hazardous Waste 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 the applicable portions ofUAC R315-1 through R315-14, R315-50, and R315-101. 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 Director within 14 days of the expiration date of the permit. In addition, if ATK is unable to find any flares that fail to properly ignite or deploy, A TK shall notify the Director as soon as possible. This permit is based on the premise that the information received in the letter dated December 13, 2012 (Attachment 1) and through discussions with A TK personnel is accurate and that the treatment will be conducted as specified in Attachment 1. Any inaccuracies or misrepresentations found in the request described above may be grounds for the termination of this permit, in accordance with UAC R315-4- 1.5( a). The Permittee shall inform the Director of any deviation from, or changes in, the information in the request which would affect the Permittee's ability to comply with the applicable regulations. This permit is effective on January 1, 2013 and shall expire on March 31, 2013, unless terminated in accordance with UAC R315-4-1.5(a). Signature: ~0 ~ Division of Solid and Hazardous Waste DSHW-2012-011896 Date: State ofUtah 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 31, 2012 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, January 3, 2013. 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, Director Division of Solid and Hazardous Waste 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 GARYR. 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 31, 2012 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 GaryMossor 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, January 3, 2013. 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, Director Division of Solid and Hazardous Waste 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 An emergency hazardous waste permit (#UT-038-2012) has been issued to the ATK Launch Systems-Promontory facility, Box Elder County, Utah. The 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. This permit is effective on January 1, 2013 and expires on March 31, 2013. Copies of the permit are available for public inspection during normal business hours at the Division of Solid and Hazardous Waste, located on the 2nd floor of the Multi-Agency State Office Building, 195 North 1950 West, Salt Lake City, Utah. For further information, please contact Jeff Van del at (80 1) 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 (801) 536-4412 TDD (801) 536-4414. DSHW-2012-011896