DSHW-2019-002828 - 0901a068809f1d3c

State of Utah
GARYR. HERBERT
Governor
SPENCER J. COX
Lieutenant Govemor
Department of
Environmental Quality
Alan Matheson
Executive Director
DTVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
Ty L. Howard
Director
March 22,2019
Kris Blauer, Manager
Environmental Services
ATK Launch Systems - Promontory
P.O. Box 707
Brigham City, UT 84302-0707
RE: Emergency Permit #UT-004-2O19
ATK Launch Systems - Promontory Facility
uTD009081357
Dear Mr. Blauer:
The Division of Waste Management and Radiation Control has completed its review of your
March 18,2019 request 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.
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-I, LUU2-CIB,M257 and M278.
Enclosed is Utah Hazardous Waste Emergency Permit #W-004-2019 authorizing ATK to treat the
flares identified above that are 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 treatment, a description of the treatment
effectiveness, and the final disposition of waste residues.
(Over)
195 North 1950 West. Salt lake City, UT
Maitng Address: P.O. Box 1,14880 . Salt L:ke City, UT 84114-4880
Telephone [phone]. Fax [phone]. T.D.D. (801) 5364284
znm.tleq.utah.gu;. Printed on 100% recycled paper
DSHW-2019-002828
These records must be included in the report that is to be submitted to the Division within 14 davs of theexpiration 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 April 2,2019 and will expire on June 30,2019. Emergency permits
are issued under the authority of 19-6-101 through 122, Utah Code Annotated, as amended andR315-270-6I of the Utah Administrative Code.
If you have any questions, please contact Jeff vandel at [phone] .
Division of Waste Management and Radiation Control
TLFVJV/km
Enclosure: EmergencyPermit#UT-004-2019
c: Jason Wells, ATK Launch Systems
Lloyd c. Berentzen, MBA, Health officer, Bear River Health Department
Grant Koford, EHS, Environmental Health Director, Bear River Aealth Department
Donna Spangler (Email), carlee christoffersen (Email), Tom Ball (Email)
Katie Crane (Email), Kimberly Diamond-Smith (Email), Larene Wyss (Email)
Facility File, Public Participation File, Alisa Westenskow
Ty L.uFloward, Director
STATE OF UTAH EMERGENCY PERMIT UT-OO4 -20T9
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 (R315-260 through R3l5-270 and R315-124) as adopted
by the Waste Management and Radiation Control Board, an emergency permit is issued to ATK iaunch
Systems - Promontory (hereafter called the "Permittee") tci treat, Uy op"n burning, military flares (typeLUU-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 flar:es is
to burn them in place prior to transporting it for disposal. The U.S. Environmental Protection Agency
has authorized the Director of the Division of Waste Management and Radiation Control to issue such apermit 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 of R315-260 through R3I5-270,R315-124 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 ofwaste
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 thatfail 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 March 18. 2019 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 of this permit, in accordance with R3l5-270-61(bX4). 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 becomes effective on April 2,2019, and shall expire on June 30,2OIg,unless terminated in
accordance with applicable rules.
Date: sl-Jt.
Tv L.
Divisi
Signature:
of Waste Management and Radiation Control
GARYR. HERBERT
Govemor
SPENCER J. COX
Lieutenant Govemor
Department of
Environmental Quality
Alan Matheson
Executive Director
DIVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
Ty L. Howard
Director
March 22.2019
Newspaper Agency Corporation
Legal Advertising Department
143 South Main
Salt Lake City, Utah 84101
RE: NAC Account #9001350993
Dear Sirs:
This email constitutes authorization to publish the attached NOTICE in the Salt Lake Tribune and
Deseret News on March 27,2019.
Please send invoice and affidavit of publication to:
Ty L.Howard, Director
Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake city, utah 84114-4880
Attachment: PublicNotice
Jason Wells, ATK Launch Systems
Lloyd C. Berentzen, MBA, Health Officer, Bear River Health Department
Grant Koford, EHS, Environmental Health Director, Bear River Health Department
Donna Spangler (Email), Carlee Christoffersen (Email), Tom Ball (Email)
Katie Crane (Email), Kimberly Diamond-Smith (Email), Larene Wyss (Email)
Facility File, Public Participation File, Alisa Westenskow
195 North 1950 West. Salt lake City, UT
Mailing Address: P.O. Box 1,14880 . Salt lake City, UT 84114-4880
Telephone [phone]. Fax [phone]. T.D.D. (801) 5364284
ztnno.tleq.utah.goa
Printed on 100% recycled paper
DSHW-2019-002828
State of Utah
GARY R. HERBERT Governor
SPENCER J. COX Lieutenant Governor
Department of
Environmental Quality
Alan Matheson Executive Director
DIVISION OF WASTE MANAGEMENT AND RADIATION CONTROL Ty L. Howard Director
March 22, 2019
Box Elder News Journal
Legal Advertising Department 55 South 100 West Brigham City, UT 84302
Dear Sirs:
This email constitutes authorization to publish the attached NOTICE in the Box Elder News Journal
on March 27, 2019.
Please send invoice and affidavit of publication to:
Ty L. Howard, Director Division of Waste Management and Radiation Control P.O. Box 144880 Salt Lake City, Utah 84114-4880
Attachment: Public Notice
c: Jason Wells, ATK Launch Systems Lloyd C. Berentzen, MBA, Health Officer, Bear River Health Department Grant Koford, EHS, Environmental Health Director, Bear River Health Department Donna Spangler (Email), Carlee Christoffersen (Email), Tom Ball (Email)
Katie Crane (Email), Kimberly Diamond-Smith (Email), Larene Wyss (Email)
Facility File, Public Participation File, Alisa Westenskow
DSHW-2019-002828 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 O!I I 00% recycled paper
NOTICE
An emergency hazardous waste permit (#UT-004-2019) has been issued to the ATK Launch Systems -
Promontory facility, Box Elder County, Utah authorizingATK personnel to treat military flares that fail
to ignite during airborne and ground launch testing procedures.
This permit is effective on April 2,2019 and expires on June 30,2019. Copies of the permit are
available for public inspection during normal business hours at the Division of Waste Management and
Radiation Control, 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 Americans with Disabilities Act, individuals with special needs (including
auxiliary communicative aids and services) should contact Kimberly Diamond-Smith, Office of Human
Resources at [phone], Telecommunications Relay Service Jtl, or by email
at "kdiamondsmith @ utah. gov".