DSHW-1990-001178 - 0901a0688013d6b3

i 1, -
Norman H. Bangerter
Giwprnor
Suzanne Dandoy. M.O.. M.PH.
Exoruuve Din'itor
Kenneth L. .\lkema
Hirprior
July 19, 1990
DEPARTMENT OF HEALTH
DIVISION OF ENVIRONMENTAL HEALTH
Bureau of Solid & Hazaraous Waste
288 Morth 1460 Wesl. P O Box 16690
Salt Lake City. Utan 84116-0690
[phone]
DSHW TN
1990-20792
E. Richard Anderson
Environmental Planning and Operations Manager
Hercules Aerospace Company
Missiles, Ordinance and Space Group
Bacchus Works
Magna, UT 84044-0098
Dear Mr. Anderson:
Re: Hazardous Waste Emergency Permit UT-04-90
Enclosed is the Utah Hazardous Waste Emergency Permit (#UT-04-90) allowing Hercules Bacchus
Works (EPA #UTD001705029) to store Class L3 prebatch propellant im Building 2495 prior to
treatment at the Buming Ground.
This permit is effective as of July 16, 1990 and expires October 16, 1990. This permit is issued
under the authority of 26-14-1 et seq.. Utah Code Annotated, 1953 as amended and R450-3.12(a).
It is recommended that Hercules pursue interim status for Building 2495 if storage of propellant is
expected to continue longer than the extent of this emergency pennit. Hercules should consider this
altemative and contact Rachel Shilton or Bill Sinclair to discuss future operation plans.
If you have any questions, please contact Rachel Shilton of my staff.
Sincerely, ^ y
Dennis R. Dowhs
Executive Secretary
Utah Solid and Hazardous Wastes Committee
c: Harry L. Gibbons, M.D., M.P.H., Salt Lake City/County Health Department
Larry Wapensky, EPA Region VHI
Enclosure
DRD/RS/rs
UTAH HAZARDOUS WASTE EMERGENCY
PLAN APPROVAL (PERMIT)
UT-04-90
Hercules Bacchus Works
Magna, Utah
EPA #UTD001705029
Effective Date: Juiy 16, 1990
MODULE I - STANDARD CONDITIONS
I.A. EFFECT OF PERMIT
The Permittee is allowed to store Class 1.3 prebatch propellant in Building 2495 at the
Hercules Bacchus Works Facility in accordance with the conditions of this permit. Any
treatment, stoiage or disposal of Iiazardous waste not authorized in diis permit, by
R450-3-20 and R450-7, by R450-5 or any other hazardous waste permit is prohibited.
CompUance with this pennit constitutes compliance, for purposes of enforcement, with
the Utah SoUd and Hazardous Waste Act. Issuance of tliis pennit does not convey
property rights of any sort or any exclusive privilege; nor does it authorize any injury
to persons or property, any invasion of other private rights, or any infringement of State
or local law oi' regulations. Compliance with the terms of tliis permit does not
constitute a defense to any order issued or any action brought under Section 3008(a),
3013, or 7003 of RCRA; Sections 106(a), 104, or 107 of the Comprehensive
Enviromnental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq., commonly known as CERCLA), or any other law providing for protection of
public health or tlie environment.
l.B. ENFORCEABILITY
Any violation of diis permit shall be considered either a Class I or a Class II violation
as outlined in the enforcement penalty policy adopted by the Conmiittee. Class I
violations duly documented through the enforcement process and upheld through any
appellate action may result ui penalties of up to $10,000 per day per violation.
I.C. NO WAIVER OF AUTHORITY
Other Authority. The Department of Health expressly reserves any right of entry
provided by law and any authority to order or perfonn emergency or other response
activities as authorized by law.
ID. PERMIT ACTIONS
I.D.I. This pennit may be modified, revoked and reissued, or terminated for cause as
specified in R450-3.9. The filing of a request for a permit modification, revocation and
reissuance, or termination or the notification of planned changes or anticipated
noncompUance on the part of the Permittee does not stay the applicability or
enforceability of any pennit condition.
I.D.2. Tliis permit may be modified at the request of the Pennittee according to the
procedures of R450-3-9.1.
I.D.3. The Executive Secretary may modify tliis permit when the standards or rules on which
the pennit was based have been changed by statute, amended standards or regulations,
or by judicial decision after the effective date of the pemiit.
Module I - page 1
I.E. SEVERABILITY
The provisions of this pemiit are severable, and if any provision of this petTnit. or the
application of any provision of tliis pemiit to any circumstance is held invalid, the
application of such provision to other circumstances and the remainder of diis pennit
shall not be affected thereby. Invalidation of any state or federal statutory or regulatory
provision which forms tlie basis for any condition of this pennit does not affect the
validity of any otiier state or federal statutory or regulatory basis for said condition.
I.F. DUTIES AND REQUIREMENTS
I.F.l. Dutv to Comply. Tlie Permittee shall comply with all conditions of this emergency
pemiit. Any pennit noncompliance, constitutes a violation of the Utah Administrative
Code and is grounds for enforcement action, permit tennination, revocatic>n and
reissuance, modification, or denial of a pemiit renewal application.
I.F.2. Pemiit Expiration. This permit wiU expire October 12, 1990.
I.F.3. Need to Halt or Reduce Activity Not a Defense. It shall not be a defense for the
Permittee in an enforcement action that it would have been necessary to halt or reduce
the permitted activity in order to maintain compliance with the conditions of this
permit.
l.F.4. Duty to Mitigate. In the event of noncompliance with the permit, die Permittee shall
take all reasonable steps to minimize releases to the environment, and shall carry out
such measures as are necessary to prevent significant adverse unpacts on human health
or the environment.
I.F.5. Proper Operation and Maintenance. The Pennittee shall at all times properly operate
and maintain all facilities which are used by the Pemiittee to acliieve compliance with
the conditions of tliis pennit.
I.F.6. Dutv to Provide Infonnation. Tlie Permittee shall fiuiiish to the Conunittee and/or the
Executive Secretary, within thirty (30) days of written request, any relevant information
which the Committee and/or Executive Secretary may request to determine whether
cause exists for modifying, revoking and reissuing, or terminating tliis permit, or to
determine compliance with this permit. The Permittee shall also fumish to the
Committee and/or the Executive Secretary within fifteen (15) days of written request,
copies of records required to be kept by this pennit.
I.F.7. Inspection and Enti-y. The Pennittee shall allow the Committee and/or the Executive
Secretary, or an audiorized representative, upon the presentation of credentials and
other documents as may be required by law. to:
Module 1 - page 2
I.F.7.a Enter at reasonable times upon the Pennittee's premises where a regulated faciUty
and/or activity is located or conducted, or where records must be kept under the
conditions of this permit;
I.F.7.b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
I.F.7.C. Inspect at reasonable times any faciUties, equipment practices, or operations regulated
or required under this pennit; and
I.F.7.d. Sample or monitor, at reasonable times, for the purposes of assuring pemiit compUance
or as otherwise authorized by the Utah Solid and Hazardous Waste Act, any substances
or paraineters at any location.
I.F.8. Anticipated NoncompUance. Tlie Permittee shall give advance notice to the Executive
Secretary of any planned changes in die permitted faciUty or activity wliich may result
in noncompUance with permit requirements. Advance notice shaU not excuse any
noncompliance.
1.F.9 Monitoring and Records
I.F.9.a. Samples and measurements taken for the purpose of monitoring shaU be representative
of the monitored activity. The method used to obtain representative samples must be
the appropriate method from R450-50-1H or an equivalent metiiod that is approved by
the Executive Secretary. Laboratory methods must be those specified in Test Methods
for Evaluating Solid Waste: Phvsical/Chemical Methods SW-846, Third Edition, or the
most current edition. Standard Methods of Wastewater Analvsis, current edition.
I.F.9.b. A request for substitution of an analytical method which is equivalent to the method
specificaUy approved for use in this permit shaU be submitted to the Executive
Secretary in accordance with R450-3-9. The request shaU provide information
demonstrating that the proposed method requested to be substituted is equivalent or
superior in terms of sensitivity, accuracy, and precision (i.e., reproducibiUty).
I.F.9.C. The Permittee shall retain at the Hercules, Bacchus Works FacUity records of all
monitoring information, copies of aU reports and records required by this permit, and
records of all data used to complete the application for this permit for three (3) years
from date of measurement. Tliis period may be extended by request of the Executive
Secretary at any time and is automaticaUy extended during the course of any
unresolved enforcement action regarding this faciUty.
I.F. 10. Twenry-four Hour Reporting. The Pennittee shall report to the Executive Secretary any
noncompUance with the permit which may endanger human health or the environment.
Any such information shaU be reported orally as soon as possible, but not later dian
twenty-four (24) hours from the time the Permittee becomes aware of the
circumstances. This report shall include the following:
Motlule I - page 4
I.F.lO.a. Uiformation concerning the release of any hazardous waste which may endanger public
diinking water suppUes.
l.F.lO.b. Uifonnation conceming the release or discharge of any hazardous waste, or of a fire or
explosion at the faciUty, which could threaten the environment or human health. The
description of the occurrence and its cause shaU include:
I.F.lO.b.i. Name, address, and telephone number of the owner or operator;
I.F.lO.b.u. Name, address, and telephone number of the faciUty;
l.F.lO.b.ui. Date, time and type of incident;
I.F.lO.b.iv. Name and quantity of materials involved;
I.F.lO.b.v. The extent of injuries, if any;
I.F.lO.b.vi. An assessment of actual or potential hazard to the enviroimient and human healdi
outside die faciUty, where this is applicable; and
l.F.lO.b.vU. Estimated quantity and disposition of recovered material that resulted from the incident.
I.F. lO.c. A written submission shaU also be provided within five (5) days of the time the
Pennittee becomes aware of the circumstances. ITie written submission shaU contain:
I.F.lO.c.i. Description of the noncompliance and its cause;
l.F.lO.c.U. Period of noncompUance (including exact dates and times);
I.F.lO.c.iii. Whether the noncompUance has been conected;
I.F.lO.c.iv. If not, the anticipated time it is expected to continue; and
I.F.lO.c.v. Steps taken or planned to reduce, eUminate, and prevent recunence of the
noncompUance.
I.F.lO.d. The Pennittee need not comply widi the five (5) day written notice requirement if the
Executive Secretary waives the requirement and the Permittee submits a written report
within fifteen (15) days of the time the Permittee becomes aware of the circumstances.
I.F.lO.e. The Permittee shall comply with the reporting requireinents outUned in R450-9 in effect
at die time of the incident.
I.F.l 1. Other Noncompliance. The Pemiittee shaU report aU other instances of noncompUance
not otherwise required to be reported above. Reporting shaU not excuse any
noncompUance.
Module I - page 5
I.F. 12. Other Information. Whenever the Permittee becomes aware that he failed to submit
any relevant facts in the permit application, or submitted inconect information in a
permit appUcation or in any report to the Executive Secretary, the Permittee shaU
submit such facts or conected infonnation withui seven (7) working days.
I.G. SIGNATORY REOUIREMENT
All appUcations. reports or other information requested by or submitted to the
Executive Secretary siiaU be signed and certified as required by R450-3-3.3.
I.H. DOCUMENTS TO BE MAINTAINED AT FACILITY SITE
The Permittee shall maintain at the facility, the foUowing documents and amendments,
revisions and modifications to these documents:
I.H.I. Waste analysis plan as required by R450-8-2.4. and this permit;
l.H.2. Personnel training documents and records as required by R450-8-2.7(d) and this jierrait;
l.H.3. Operating record as required by R450-8-5.3. and this permit;
I.H.4. Contingency plan as required by R450-8-4.4(a) and this permit; and
I.H.5. Inspection schedules as required by R450-8-2.6(b) and this pennit.
I.I. PROTECUON OF HUMAN HEALTH AND THE ENVIRONMENT
Pursuant to Section 3005(c)(3) of RCRA (Section 212 of HSWA), 40 CFR 270.32(b),
and R450-3-13(b)(2), this permit contains those terms and conditions detennined
necessary to protect human health and the enviromnent.
Module I - page 6
MODULE 11 - GENERAL FACILITY CONDITIONS
II.A. DESIGN AND OPERATION OF FACILITY
n.A.l. The Pennittee shall maintain and operate Storage Building 2495 and sunounding areas
to minimize the possibility of a fire, explosion or any sudden or non-sudden release of
hazardous waste constiments to air, sod, or surface water which could threaten human
health or the environment.
U.B. GENERAL SCOPE
II.B.l. Tlie Utah SoUd and Hazardous Wastes Committee reserves the right to add further
requirements, modify or delete requirements, or temiinate this emergency pemiit at any
time.
II.B.2. The Permittee is pennitted to store Class 1.3 prebatch propellant, EPA Waste
Identification Code of D003.
n.C. SECURITY
The Pemiittee shaU comply with security conditions and procedures in accordance with
R450-8-2.5.
II.D. GENERAL ESISPECTION REOUIREMENTS
The Permittee shsdl develop and follow an inspection schedule in accordance with
R450-8-2.6. and shall comply with the foUowing additional conditions:
II.D.l. The Permittee shall remedy any deterioration or malfunction discovered by an
inspection as required by R450-8-2.6(c) within seventy-two (.72) hours. If the remedy
requires more time the Permittee shall submit to die Executive Secretary, before the
expiration of die seventy-two (72) hour period, a proposed time schedule for conecting
the problem.
11.D.2. Records of inspections sliaU be kept as required by R450-8-2.6(d).
n.D.3. Any problem which could endanger human health or the environment shaU be conected
as soon as possible, but no later than twenty-four (24) hours from the time the problem
is discovered.
U.E. PERSONNEL TRAINING
The Permittee shall conduct personnel training as required by R450-8-2.7. The
Permittee shall maintain training documents and records as required by R450-8-2.7(d)
and (e). Tliese records shaU indicate the type and amount of training received.
Module n - page 1
U.F. PREPAREDNESS AND PREVENTION
II.F.I. Required Equipment. At a minimum, die Pennittee sliaU equip and maintain in good
operating condition at the facUity the equipment as required by R450-8-3.3.
11.F.2. Testing and Maintenance of Equipment. The Pennittee shaU test and maintain the
equipment specified in Condition II.F.I. as required by the National Fire Protection
Association (NFPA) to assure its proper operation in time of emergency.
n.F.3. Access to Cormnunications or Alarm Svstem. The Permittee shaU maintain access to
the communications or alami system as required by R450-8-3.5.
U.G. CONTINGENCY PLAN
n.G.l. Implementation of Plan. Wlien dictated by the Contingency Plan the Permittee shaU
immediately carry out the provisions of the emergency procedures as described by
R450-8-4 whenever there is a fire, explosion, or release of hazardous waste or
hazardous waste constituents which threatens or could threaten human health or the
environment. The Pemiittee shaU comply with R450-9 in reporting releases to the
Executive Secretary.
II.G.2. Copies of Plan. The Pemiittee shall comply widi die requirements of R450-8-4.4.
U.G.3. Amendments to Plan. The Pemiittee shaU review and immediately amenil, if necessary,
the contingency plan, as required by R450-8-4.5. A copy of the revised contingency
plan shall be submitted to the Executive Secretary within thirty (30) days of permit
issuance.
n.H. RECORDKEEPING AND REPORTING
U.H.I. The Permittee shall maintain a written Operating Record at the faciUty in accordance
widi R450-8-5.3.
n.I. AVAn^ABILITY OF TREATMENT FACILrnES
U.I.l. The Permittee shaU continue to pursue all disposal possibilities.
U.J. Report of Concluded Action
The Pemiittee shall notify the Executive Secretary in wiiting when the actions aUowed
under this permit are completed.
Module II - page 2
Signed ^^ffective Date: July 16. 1990
Utail SoUd and Hazardous Waste Conunittee
Module n - page 3