DSHW-2012-013198 - 0901a0688030ad24

State of Utah
GARY HERBERT
Governor
GREG BELL
Lieutenant Governor
Robert Ingersoll
Department of
Environmental Quality
Amanda Smith
Executive Director
DIVISION OF SOLID AND
HAZARDOUS WASTE
Scott T. Anderson
Director
September 27, 2012
Director, A TK Environmental Services
ATK Launch Systems-Promontory
P.O. Box 707
Brigham City, UT 84302-0707
RE: 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
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, received
September 19, 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.
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-031-2012 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. 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-2012-010150
I 95 North 1950 West • Salt Lake City, UT
Mailing Address: P.O. Box I44880 • Salt Lake City, UT 84114-4880
Telephone [phone] • Fax [phone] • T.D.D. [phone]
unuw.deq.utah.gov
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, 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 1, 2012 and will expire on December 29, 2012.
Emergency permits are issued under the authority of 19-6-101 through 122, Utah Code Annotated,
as amended and R315-3-6.2 of the Utah Administrative Code.
If you have any questions, please call JeffVandel at [phone].
Scott T. Anderson, Director
Division of Solid and Hazardous Waste
STA\JV\tjm
Enclosure
c: Jason Wells, ATK Launch Systems
Grant Koford, EHS, Environmental Health Director, Bear River Health Department
DSHW-2012-010150
STATE OF UTAH EMERGENCY PERMIT UT-031-2012
Permittee:
ATK LAUNCH SYSTEMS-PROMONTORY
UTD009081357
P.O. BOX 707
BRIGHAM CITY, UT 84302-0707
Pursuant to the Utah Solid and Hazardous Waste Act, 19.6.101-123, et. seq., Utah Code Annotated, as
amended, and the Utah Administrative Code (R315-l 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-l 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 of the Division of Solid
and Hazardous Waste 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, ATK shall notify the Director as soon as possible.
This permit is based on the premise that the information received in the letter dated September 17, 20 12
(Attachment 1) and through discussions with ATK 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 October 1, 2012 and shall expire on December 29, 2012, unless terminated in
accordance with UAC R315-4-1.5(a).
Signature:_~::c;:::~~~~=~~=~~::::::_ cott T. Anderson, Director
Date:
Division of Solid and Hazardous Waste
DSHW-2012-010150
September 17, 2012
8200-FY13-031
Scott T. Anderson
Utah Department of Environmental Quality
Division of Solid and Hazardous Waste
PO Box 144880
Salt Lake City, UT 84114-4880
lAT[)O{f}O& /357
Division of
So!id and Hazardous Waste
SEP 2 4 2012
2012-DIOIBI
RE: Request for Emergency Permit to Burn Aircraft Dropped or Ground Launched
Flares in Place at the Kosmo Test Range, ATK Launch Systems-Promontory.
October 1 -December 29, 2012
Dear Mr. Anderson:
A TK Launch Systems-ATK Promontory requests a 90-day emergency permit to burn
aircraft dropped and ground launched flares in-place if they fail to ignite, partially ignite or
are otherwise deemed unsafe after deployment. The time period for this permit would be
from October 1-December 29, 2012.
ATK currently has contracts in-place with the Department of Defense to manufacture decoy
and illumination flares over the next few years. These contracts require regular testing of
flares. The test requirements mandate flare deployment in the method they were designed.
As such, they must be ground launched or dropped from aircraft to simulate actual field
conditions. A small percentage of these flares may not deploy as designed and may land
partially or completely unburned. As a result, the ignition system may become
compromised making it unsafe to move the flare(s). ATK's Test Services and the Safety
Department have determined that in this instance, the only safe way to handle these un-
burned flares is to burn them in-place.
T estfng of these flares is conducted between Salt Wells Flat and Monument Point in Box
Elder County, in an area commonly called Kosmo. ATK has an agreement issued by the
Division of Forestry, Fire and State Lands to perform these tests. The special use lease
agreement number is #30000038.
The flares to be tested and covered under this permit include the LUU-19, LUU-1, LUU2-
C/B, M257 and M278. These flares range in weight from 5 to 30 lbs. and contain various
combinations of the following ingredients:
• sodium nitrate
• magnesium powder
• potassium nitrate
• cesium nitrate
• silicon
• hexamine
• polyester binder
After testing or burning in-place is completed for a given day, the flare residue and debris is
collected and transported to our Promontory facility for proper disposal.
ATK will notify the following agencies prior to each use of this permit, or as directed by the
agency:
• Box Elder Fire Marshall's Office
• Bear River Health Department
• Division of Forestry, Fire and State Lands
Upon expiration of the emergency permit, which is the subject of this request, ATK will
request a new permit for an additional 90 days to allow continued testing at the Kosmo
range. Likewise, a report will be prepared describing our activities during the previous
permitting period.
A TK appreciates the Division's cooperation in enabling us to manage these unburned flares
in a safe and responsible manner. If you have any questions or need additional
clarifications, please contact Jason Wells at (435)-863-6895.
Sincerely,
Robert Ingersoll
Director, Environmental Services
C: Jeff Vandel, DSHW
Central File
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
September 27, 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 Secretar\'
This letter constitutes authorization to publish the attached NOTICE in the Salt Lake Tribune
and Deseret Morning News on Tuesday, October 2, 2012.
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
Sincef<:Iy_,___~ e '/ ~;~--=.
Scott T. Anderson, Director
Division of Solid and Hazardous Waste
STNtjm
Enclosure
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.gov
Printed on 100% 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 14, 2012
Ogden Standard Examiner
332 South Ward A venue
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 Secrewrr
This letter constitutes authorization to publish the attached NOTICE in the Ogden Standard
Examiner on Tuesday, October 2, 2012.
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
Sincerely,----~-e
( .~ ~
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 [phone] • Fax [phone] • T.D.D. [phone]
www.deq.utah.gov
Printed on 100% recycled paper
NOTICE
An emergency hazardous waste permit (#UT-031-2012) 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 October 1, 2012 and expires on December 29, 2012. 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 JeffVandel at
[phone]. 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 [phone] TDD [phone].
DSHW-2012-010150