DSHW-2013-005536 - 0901a068803c0a9f

GARY HERAERT
Gatemor
GREG BELL
Lieu@tant Govemor
Department of
Environmental Quality
Amanda Smith
Erecutive Dircctor
DIVISION OF SOLID AND
HAZARDOUS WASTE
Scoft T. Anderson
Director
Solid and HszrrdousWsstc Cotrtrol Borrd
Kevin Mlnay , Chair
Dennis Riding Yice-Chair
Eugene Col€, D'PH
J€fiCoombs, MPH, LEHS
Mark Franc
Br€tt Mickelson
Amanda Smith
Shane Whitney
Dwayne Woolley
Scoft T. Anderson
Exe&tiv Secretary
September 27, 2013
George Gooch, Manager
Environmental Services
ATK Launch Systems - Promontory
P.O. Box 707
Brigham City, Utah 84302-0707
RE: Emergency Permit
uTD009081357
Dear Mr. Gooch:
The Division ofSolid and Hazardous Waste has completed its review ofyour request for
an emergency permit for 90 days to heat, by open buming, military flares that fail to
ignite during quality control testing procedues. As described in your letter, the quality
control testing is required by ATK Launch System's (ATK) contract with the Department
ofDefense.
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 at the Kosmo testing
area that fail to properly ignite. The flares that will be tested and covered by this permit
are LUU- I 9, LUU-I, Ltru2-C lB, M257. and, M27 8.
Enclosed is Utah Hazardous Waste Emergency Permit #UT-33-2013 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 ATK is accurate and that
treatment of flares will be conducted as specifred 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
I 95 No(h I 950 West . Sah lnke City, UT
Mailing Address: P.O. Box 144880 . Salt Lake City, UT 84114,4880
Telephone (801) 53G0200. Fax [phone] . T.D.D [phone]
anou.deq.utah.goo
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DSHW-2013{0s536
records ofthe open buming activities. These records should include the date and time of
treatment, the name of the person(s) conducting the treatrnent, the number and tlpe of
flares treated, the location oftreatment, a description ofthe treatment effectiveness, and
the final disposition of waste residues.
These records should be included in the report that is to be submitted to the Division
within 14 days ofthe expiration date ofthe permit.
In the event that a flate doesn't deploy or ignite as designed and cannot be located for
treafinent under this permit, ATK should notifr 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 September 30, 2013 and will expire on December 28,
2013. Emergency permits are issued under the authority of 19-6-10l through l22,Utah
Code Annotated, as amended and R3 I 5-3-6.2 of the Utah Administrative Code. If you
have any questions, please contact Jeff Vandel at [phone].
Scott T. Anderson, Director
Division of Solid and Hazardous Waste
STAW\KK
Enclosures
c: Grant Koford, EHS, Environmental Health Director, Bear River Health Deot.
Jason Wells, ATK Launch Systems
File to: ATK launoh Systems - Promontory
STATE OF UTAH EMERGENCY PERMIT UT.33-20I3
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 (R3 l5- I through R315- l4 and R3l5-
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 '?ermittee') to treat, by open
buming military flares (tpe LUU-I, LUU2-C/B, LIJU-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) ofthe Resource Conservation and Recovery Act.
The Permittee shall comply with all terms and conditions of this permit. The permit consists of
the applicable portions ofR3l5-l throughR3l5-14,R315-50,andR3l5-l0l ofthe Utah
Administrative Code. Applicable rules are those which are in effect on the date of issuance of
this permit.
In addition, all waste generated frorn the treatment shall be properly characterized and transported
to an approved disposal facility. The Permittee shall maintain records of the open buming
activities. These records shall include the date and time oftreatmen! the name ofthe person(s)
conducting the treatment, the number and lpe of flares treated, the specific location oftreatment
within the Kosmo testing area, a record of any lost flares, a description ofthe 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 ofthe expiration date ofthe permit.
In addition, if ATK is unable to find any flares that fail to properly ignite or deploy, ATK shall
notif the Director as soon as possible.
This permit is based on the premise that the information received in the letter dated September
17, 2013 and through discussions with ATK personnel is accurate and that the treatment will be
conducted as specified in the letter. Any inaccuracies or misrepresentations found in the request
described above may be grounds for the termination ofthis permit, in accordance with R3l5-4-
1.5(a) of the Utah Administrative Code. The Permittee shall inform the Director of the Division
of Solid and Hazardous Waste ofany deviation fiom, 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 September 30,2013 and shall expire on December 28, 2013, unless
terminated in 1.5(a) of the Utah Administrative Code.
Division of Solid and Hazardous Waste
GARY HERBERT
Govemor
GREG BELL
Lieutenont Goremor
Department of
Environmental Quality
Amanda Smith
Execulive Director
DTVISION OF SOLID AND
HAZARDOUS WASTE
Scott T. Ardenon
Director
Solid and Hazrrdous Wrstc Control Board
Kevin Munay, Crail
Dents Ridi['- Yice-C ha ir
Eugene Cole, DrPH
JeffCoombs, MPH, LEHS
Mark Franc
Brett Mickelson
Amanda Smith
Shane Whitnev
Dwa!,ne Woolley
Scott T. Anderson
Executive Secretary
September 27, 2013
Newspaper Agency Corp.
Legal Advertising Department
143 South Main
Salt l.ake City, Utah 84101
Dear Sirs:
This letter constitutes authorization to publish the attached NOTICE in the Salt Laks
Tribune and Deseret News on Wednesdav. October 2. 2013.
Please send invoice and affidavit ofpublication to:
Scott T. Anderson, Director
Division of Solid and Hazardous Waste
P.O. Box 1214880
Salt Lake City, Urah 84114-4880
Scott T. Anderson, Director
Division of Solid and Hazardous Waste
STAW\KK
Grant Koford, EHS, Environmental Health Director, Bear River Health Dept.
Jason Wells, ATK Launch Systems
I 95 North I 950 West . Salt Lake City, UT
Mailing Address: P.O. Box 1,f4880. Salt Lake City, UT 84114-4880
Telephone [phone] . Fa\ [phone] . T.D.D. (801) 5364414
?lruat.daq.utah.goo
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DSHW-20134055_t6
GARY HERBERT
Govemor
GREG BELL
Liettermnt Governor
Department of
Environmental Quality
Amanda Smith
E ealive Direclor
DIVISION OF SOLID A}JD
TIAZARDOUS WASTE
Scott T. Ande6on
Director
Solid 0nd Hrzrrdous Waste Control Bo.ra
Kevin Munay. Clu r'
Df'lnis Riding, V i ce - C ha i r
Eugene Cole. DrPH
JeffCoombs. MPH, LEHS
Mark Franc
Brett Mickelson
Amanda Smitr
Shan€ Whitr|ey
Dwayne Woolley
Scott T. Arderson
Exz.lliv Secretary
September 27, 2013
Standard Examiner
332 S. Ward
Ogden, Utah 84401
Dear Sirs:
This letter constitutes authorization to publish the attached NOTICE in the Standard
Examiner on Wednesday. October 2. 2013.
Please send invoice and affrdavit ofpublication to:
Scott T. Anderson, Director
Division of Solid and Hazardous Waste
P.O. Box 144880
Salt Lake City, Utah 84114-4880
Sinceroly;
Scott T. Anderson, Director
Division of Solid and Hazardous Waste
STAUV\KK
Enclosure
Grant Koford, EHS, Environmental Health Director, Bear River Health Dept.
Jason Wells. ATK Launch Svstems
I 95 North I 950 West . Salt Lake City, UT
Mailing Address: P.O. Box 144880. Salt Lake City, UT 841 144880
Telephone (801) 53G0200. Fax (801) 53&0222 . T.D.D. [phone]
utuw.deq,utah,gon
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DSHW-2013{05536
NOTICE
An emergency hazardous (#UT-33-2013) has been issued to the ATK Launch Systems -
Promontory facility, Box Elder County, Utah. The permit authorizes ATK personnel to
treat military flares that fail to ignite during airbome and ground launch testing
procedures.
This permit is effective on September 30,2013 and expires on December 28, 2013.
Copies ofthe permit are available for public inspection druing 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 Vandel 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].