DSHW-1991-001668 - 0901a0688013d333

y HERCULES wa 1 1 1991
i i: •' ]•"-.
DSHW TN
1991. 30328
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Hercules Aerospace Company
Missiles, Ordnance and Space Group
-i Bacchus Works
Vv3i;t5 Magna, Utah 84044-0098
[phone]
February 22, 1991
CERTIFIED MAIL - RETURN RECEIPT REOUESTED
Dennis R. Downs, Director
Bureau of Solid and Hazardous Waste
DivTsibn of Environmental Health - - -
288 North 1460 West
P.O. Box 16690
Salt Lake City, Utah 84116-0690
Re: Report of Concluded Action for Emergency Permits, #UT-04-90,
#UT-04A-90, #UT-07-90; Storing Explosive Wastes
Dear Mr. Downs:
Hercules is no longer storing waste propellant in buildings
2495, and SOA as permitted in Emergency Permits #UT-04-90, #UT-
04A-90 and #UT-07-90. Building #32E was also included in the
above Emergency Permits but was never used for greater than 90-
day storage. This letter fulfills the Emergency Permits'
requirement to submit a "Report of Concluded Action."
Sincerely,
E. R. Anderson, Manager
Environmental Planning and
Operations
ERA/JLWaugaman/sjw/EMERPRMT.CAR
cc: C.
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Eubanks
Gooch
Jew
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DU2000
BW-1000/689 (Rev 2/88)
y HERCULES Hercules Aerospace Company
Missiles, Ordnance and Space Group
Bacchus Works
Magna, Utah 34044-0098
[phone]
Septeinber 12, 1990
HAND DELIVERED
Dennis Downs
Director
Bureau of Solid and Hazardous Waste
Division of Environmental Health
P.O. Box 16690
288 North 1460 West
Sait Lake City, Utah 84116-0690
Re: Emergency Permit for storage of Waste Explosives
Dear Mr. Downs:
SEP \2 -nsn// • 'lc
Hercules currently has an emergency permit (UT-04-90) for storage of
waste 1.3 propellant at building 2495. For the reasons described below
Hercules requests that two other storage locations be specified for the
current emergency permit, and that the permit be renewed to allow storage-of
this waste for an additional 90 days.
The waste propellant is contained in circular cardboard concrete forms
mounted on pallets. These units are referred to as "slids." Hercules
currently has 120 slids in storage at building 2495. This building will soon
be needed to hold Titan motor segments, which are so large that most of our
motor storage areas cannot accommodate them. Environmental Operations has
been requested to remove the slids from building 2495 by no later than
September 25.
There is no single building on plant that has both the physical space
available and a high enough limit on the amount of explosives that may be
stored to accommodate the slids. Our interim status facility for explosives
storage (ES-1, "building 2105) has enough floor space to hold approximately 40
slids. A new building close to the buming grounds that is assigned to
Environmental Operations, building 32E, has an explosive weight limit of
10,000 pounds, which corresponds to 22 slids. A third building, 50A, is
normally used for production purposes but can be used for storing waste on a
temporary basis. This building has an explosive weight limit of 50,000
pounds, so it can take no more than 111 slids, space permitting.
Bw-iooQ/saa IRSV uea)
Emergency Permit for ^Pbrage of Waste Explosives ^P Page 2
Hercules would like to store up to 50,000 pounds of explosive waste at
building 50A and the remainder at building 32E. Both of these buildings are
located on NIROP and are fairly close to the buming grounds, simplifying the
transportation of the slids from their current location to the new storage
facilities and then to the buming grounds for final treatment. This
arrangement would leave building 2105 available for its nonnal use, storing
waste explosive ingredients and any backlog of slums that cannot be
immediately treated at the buming grounds.
An additional concem is that Hercules will not be able to dispose of
this backlog of explosive waste before the current emergency permit expires on
October 16. We are confident, however, that all the existing slids can be
bumed during the term of a second 90-day emergency permit. Our buming
ground is in the process of being remodeled and presently has a capacity of
3,500 pounds of explosives per day. When construction is complete in
mid-October, the capacity will be 6,000 pounds per day. We are only buming
2,000 pounds per day, however, because of a limitation from the Bureau of Air
Quality. A new approval order for the buming grounds which will allow us to
bum 4,500 pounds per day (6,000 in special circumstances) has been through
its public comment period and should be issued within the next week or so.
This increased capacity for the buming grounds will ensure that the backlog
of slids can be disposed by the middle of January.
To allow Hercules to operate as described above, your assistance is
required in two ways:
1) Please modify our current emergency permit (UT-04-90) to allow storage
of 1.3 propellant at buildings 50A and 32E. This is needed by
September 21 so that slids can be removed from building 2495 by our
September 25 deadline.
2) Please allow storage of this explosive waste beyond the term of our
current emergency permit by issuing a new permit for buildings SOA and
32E. The new permit is needed on October 17.
Hercules is considering the need to use building 32E for storage of other
explosive wastes on an ongoing basis. If it seems appropriate to obtain
interim status for this facility, that request will be made when we request a
change in our Part A for the newly identified toxicity characteristic wastes.
Thank you for your assistance in this situation. If you need additional
infoirmation, please contact Susan Jew at 251-4748.
Sincerely,
E. Richard Anderson, Manager
Environmental Planning and
Operations
ERA/SEJew/sjw/7504s
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DEP.\RTMENT OF HEALTH
D[\aSION OF ENVIRONMENTAL HE.-^LTH
5-,.feau or 5oiid & Hazaraous Waste
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5011538-6170
September 14, 1990
E. F.ichard Anderson
Environmental Planning and Operations Manager
Hercules Aerospace Company
Missiles, Ordinance and Space Group
Bacchus Works
Magna, UT 84044-0098
Dear Mr. Anderson:
Re: Modified Hazardous Waste Emergency Permit UT-04A-90
Enclosed is the modified Utah Hazardous Waste Emergency Permit
(#UT-04A-90) allowing Hercules Bacchus Works (EPA #UTD0'01765029) to
store Class 1.3 prebatch propellant. in Buildings 32E and SOA prior
to treatment at the Burning (Troiind ,
The modification to the emergency permit is effective as of
September 21, 1990. The emergency permit expires October 16, 1990.
This permit is issued under the authority of 26-14-1 et sea., Utah
Code Annotated, 1953 as amended and R450-3.12(a).
After discussion with your staff, it appears Hercules will need an
additional renewal of the emergency storage permit on October 16,
1990. The additional 90 day period until mid-January should allow
Hercules to dispose of its current backlog of waste .^nd cancel the
need for the additional storage capacity before the expiration of
an emergency permit. If you have any questions, please contact
Bill Sinclair of my staff.
Sincerely, /
)ennis ^..^ Downs
Executive Secretary
Utah Solid and Hazardous Wastes Committee
Harry L. Gibbons, M.D., \-\.\
Decartment
Tom Aalto, EPA P.eaion VIII
:"alt Lake 'I'itv/C-:unt-.- Health
Enclosure
DRD/bs
UTAH HAZARDOUS WASTE EMERGENCY
PLAN APPROVAL (PERMIT)
UT-04A-90
Hercules Bacchus Works
Magna, Iftah
EPA #UTD0017U5029
Effective Date: September 2L 1990
MODULE I - STAMDARD CONDITIONS
I.A. EFFECT CF PEPJ4IT
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, storage or disposal of hazardous waste not
authorized in this permit, by R450-3-20 and R450-7, by
H.450-5 or any other hazardous waste permit is prohibited.
Compliance with this permit constitutes compliance, for
purposes of enforcement, with the Utah Solid and Hazardous
Waste Act. Issuance of this permit does not convey
property rights of any sort or any e:-:clusive 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 or regulations. Compliance with the
terms of this 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 Environmentai P.esponse, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq., commonly
known as CEF-.CLA) , or any other law providing for
protection of public health or the environment.
I.B. ENFORCEABILITY
Any violation of this permit shall be considered either a
Class I or a Class II violation as outlined in the
enforcement penalty policy adopted by the Committee.
Class I violations duly documented through the enforcement
process and upheld through any appellate action may result
in penalties of up to $10,000 per day per violation.
I.e. NO WAIVER CF .AUTHORITY
Other Authority. The Department of Health expressly
reserves any right of entry provided by law and any
authority to order or perform emergency or other response
activities as authorized by law.
I.D. PERMIT ACTIONS
I..D.l. This permit may be modified, revoked and reissued, or
terminated for cause as speci^f-red in R450-3.9. The filing
of a request for a permit modification, re"Ocation and
reissuance, or termination or the notification of planned
changes or anticirated p.'-.'nco.'^.rii ?.nce :n t.he part 'jf the
Permittee -ioes not stay the aopiicabilitv or
enforceability of any permit condition.
Module I - page 1
I. D.2. This permit may be modified at the request of the
Permittee according to the procedures of P.450-3-9.1.
I.D.3. The Executive Secretary may modify this permit when the
standards or rules on which the permit was based have been
changed by statute, amended standards or regulations, or
by judicial decision after the effective date of the
permit.
I.E. SEVERABILITY
The provisions of this permit are severable, and if any
provision of this permit, or the application of any
provision of this permit to any circumstance is held
invalid, the application of such provision to other
circumstances and the remainder of this permit shall not
be affected thereby. Invalidation of any state or federal
statutory or regulatory provision which forms the basis
for any condition of this permit does not affect the
validity of any other state or federal statutory or
regulatory basis for said condition.
I.F. DUTIES AND REQUIREMENTS
I.F.I. Duty to Comply. The Permittee shall comply with all
conditions of this emergency permit. Any permit
noncompliance, constitutes a violation of the Utah
Administrative Code and is grounds for enforcement action,
permit termination, revocation and reissuance,
modification, or denial of a permit renewal application.
I. F.2. Permit E:cpiration. This permit will ei'.pire October 12,
1990.
I.F.3. Need to Halt or P.educe 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.
I.F.4. Duty to Mitigate. In the event of noncompliance with the
permit, the 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 impacts on human health—or the environment.
I.F.S. Proper Operation and Maintenance. The Permittee shall at
all tim.es properiy i-perate and :naintain all facilities
which are used by the Permittee to achieve compliance with
the conditions of this permit.
Module I - page 2
I.F.6. Duty to Provide Information. The Permittee shall furnish
to the Committee and/or the E::ecutive Secretary, within
thirty (30) days of written request, any relevant
information which t.he Committee and/or Executive Secretary
may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating this
permit, or to determine compliance with this permit. The
Permittee shall also furnish to the Committee and/or the
Executive Secretary within fifteen (15) days of written
request, copies of records required to be kept by this
permit.
I.F.7. Inspection and Entry. The Permittee shall allow the
Committee and/or the Executive Secretary, or an authorized
representative, upon the presentation of credentials and
other documents as may be required by law, to:
I.F.7.a Enter at reasonable times upon the Permittee's premises
where a regulated facility 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 facilities, equipment
practices, or operations regulated or required under this
permit; and
I.F.7.d. Sample or monitor, at reasonable times, for the purposes
of assuring permit compliance or as otherwise authorized
by the Utah Solid and Hazardous Waste Act, any substances
or parameters at any location.
I.F.S. Anticipated Noncompliance. The Permittee shall give
advance notice to the Executive Secretary of any planned
changes in the permitted facility or activity which may
result in noncompliance with permit requirements. Advance
notice shall not e::cuse any noncompliance.
I.F.9 Monitoring and Records
I.F.9.a.
Samples and measurements taken for the purpose of
monitoring shall be represen-t-a*-±rve of the monitored
activity. The method used to obtain representative
samples must be the appropriate method from F.4 50-?'-'-lH or
an equivalent method that is approved by the Eiiec:^.i'.'e
Secretary. Laboratory methods must be those specified in
Test Methods for Evaluating Solid Waste:
Phvsical/Chemical Methods SW-846, Third Edition, or the
Module I - page 4
.Tiost current edition. Standard Methods of Wastewater
Analysis, current edition.
I.F.?.b. ri. request for substitution of an analytical method which
is equivalent to the method specifically approved for use
in this permit shall be submitted to the Executive
Secretary in accordance with R450-3-9. The request shall
provide information demonstrating that the proposed method
requested to be substituted is equivalent or superior in
terms of sensitivity, accuracy, and precision (i.e.,
reproducibility).
I.F.9.C. The Permittee shall retain at the Hercules, Bacchus Works
Facility records of all monitoring information, copies of
all 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.
This period may be e:^tended by request of the Executive
Secretary at any time and is automatically extended during
the course of any unresolved enforcement action regarding
this facility.
I.F.10. Twencv-four Hour Reporting. The Permittee shall report to
the E::ecutive Secretary any noncompliance with the permit
which may endanger human health or the environment. Any
such information shall be reported orally as soon as
possible, but not later than twenty-four (24) hours from
the time the Permittee becomes aware of the circumstances.
This report shall include the following:
I.F.lO.a.
Information concerning the release of any hazardous waste
which may endanger public drinking water supplies.
Information concerning the release or discharge of any
hazardous waste, or of a fire or explosion at the
facility, which could threaten the environment or human
health. The description of the occurrence and its cause
shall include:
I.F.lO.b.i.
Name, address, and telephone number of the owner or
operator;
I.F.lO.t.ii.
Uame, address, and telephone number of the facility;
I.F.lO.t.iii.
Date, time and type of incident;
Module I - page 5
I.F .10 .b
I.F.10.b.iv.
Name and quantity of materials involved;
I . F . 10 . b . V.
The extent of injuries, if any;
I . F . 10 . b . vi .
An assessment of actual or potential hazard to the
environment and human health outside the facility, where
this is applicable; and
I.F.10.b.vii.
Estimated quantity and disposition of recovered material
that resulted from the incident.
I.F.lO.c.
A written submission shall also be provided within five
(5) days of the time the Permittee becomes aware of the
circumstances. The written submission shall contain:
I .F. 10 .ci .
Description of the noncompliance and its cause;
I .F . 10 .c.ii.
Period of noncompliance (including exact dates and times);
I.F.10 .c.iii.
Whether the noncompliance has been corrected;
I .F. 10 .civ.
If not, the anticipated time it is e;-cpected to continue;
and
I . F . 10 . c . V .
Steps taken or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
I.F.lO.d.
The Permittee need not comply with the five (5) day
written notice requirement if the E:iecutive 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 requirements
outlined in F.450-? in effect at the time of the incident.
I.F.ll. Other Honcompliance. The Eermittee "hall report all other
instances of noncompliance not otherv;ise required to be
reported above. Reporting shall not excuse any
noncompliance.
Module I - page 6
I.F. 12. Other Information. Whenever the Permittee becomes aware
that he failed to submit any relevant facts in the permit
application, or submitted incorrect information in a
permit application or in any report to the E::ecutive
Secretary, the Permittee shall submit such facts or
corrected information within seven (7) working days.
I.G. SIGNATORY REQUIREMENT
All applications, reports or other information requested
by or submitted to the Executive Secretary shall 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
following documents and amendments, revisions and
modifications to these documents:
I.H.I. Waste analysis plan as required by R450-3-2.4. and this
permit;
I.H.2. Personnel training documents and records as required by
R450-8-2.7(d) and this permit;
I.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
permit.
I.I. PROTECTION OF HUt4AN 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 determined necessary
to protect human health and the environment.
Module I - page 7
MODULE II - GENERAL FACILITY CONDITIONS
II.A. DESIGN AND OPERATION OF FACILITY
II.A.l. The Permittee shall maintain and operate Storage Buildings
32E and SOA and surrounding areas to minimize the
possibility of a fire, explosion or any sudden or non-sudden
release of hazardous waste constituents to air, soil, or
surface water which could threaten human health or the
environment.
II.E. GENERAL SCOPE
II.5.1. The Utah Solid and .Hazardous Wastes Committee reserves the
right to add further requirements, modify or delete
requirements, or terminate this emergency permit at any
time .
II.B.2. The Permittee is permitted to store Class 1.3 prebatch
propellant, EPA Waste Identification Code of D003 .
II.C. SECURITY
The Permittee shall comply with security conditions and
procedures in accordance with R450-8-2.5.
II.D. GENERAL INSPECTION REQUIREMENTS
The Permittee shall develop and follow an inspection
schedule in accordance with R450-8-2.6. and shall comply
with the following 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 the Executive Secretary,
before the expiration of the seventy-two (72) hour period,
a proposed time schedule for correcting the problem.
II. D.2. Records of inspections shall be kept as reguired by
R450-8-2.6(d). . '
II.D.3. Any problem which rould endanger human health :r the
environment shall be -^orrecced as .70on as possi.i-ie, l''Ut no
later than twenty—fo'.:r ' _ - ^ h.-^'.irs from the time the problem
is discovered.
Module II - page 1
II.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 reguired by R450-8-2.7(d) and (e) .
These records shall indicate the type and amount of training
received.
II.F. PREPAREDNESS AND PREVENTION
II.F.l. Required Eauipment. At a minimum, the Permittee shall equip
and maintain in good operating condition at the facility the
equipment as required by R450-8-3.3.
II.F.2. Testing and Maintenance of Eguipment. The Permittee shall
test and maintain the equipment specified in Condition
II.F.l. as required by the National Fire Protection
Association (NFPA) to assure its proper operation in time of
emergency.
II.F.3. Access to Communications cr Alarm Svstem. The Permittee
shall maintain access to the communications or alarm system
as required by P.450-B-3.5.
II.G. CONTINGENCY PLAN
II.G.l. Implementation of Plan. When dictated by the Contingency
Plan the Permittee shall immediately carry out the
provisions of the emergency procedures as described by
R450-3-4 whenever there is a fire, er^plosion, or release of
hazardous waste or hazardous waste constituents which
threatens or could threaten human health or the environment.
The Permittee shall comply with R450-9 in reporting releases
to the Executive Secretary.
II.G.2. Copies of Plan. The Permittee shall comply with the
-— -requirements of R450-8-4.4. <^^f(Z.
II.G.3. Amendments to Plan. The Permittee shall review and
immediately amend, if necessary, the contingency plan, as
required by R450-8-4.5. A copy of the revised contingency
plan shall be submitted to the E::ecutive Secretary within
thirty (30) days of permit is*wance.
II.H. RECORDKEEPING AND REPORTIUG
II.H.l. The Permittee shall maintain a written Operating F.ecord at
the facility in accordance v/ith F.450-8-5.3.
Module II - page 2
II.I. AVAILABILITY OF TREATMENT FACILITIES
II.I.l. The Permittee shall continue to pursue all disposal
possibilities.
II.J. Report cf Concluded Action
The Permittee shall notify the Executive Secretary in
writing when the actions allowed under this permit are
completed.
Module II - page 3
Signed;
i'
Dennis R. Downs
Executive Secretary
Utah Solid and Hazardous Waste Committee
Effective Date: Julv 16, 1990
Modified: September 21, 1990
Module II - page 4
Norman H. Bangerter
Governor
Suzanne Dandoy. M.D., M.P.H.
Executive Dirprtor
Kenneth L Alkema
Director
DEPARTMENT OF HEALTH
DIVISION OF ENVIRONMENTAL HEALTH
{ Bureau of Solid & Hazardous Waste
.: 288 Nonn 1460 West. P.O. Box 16690
Sail Lake City. Ulan 84116-0690
J [phone]
October 18, 1990
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-07-90
Enclosed is Utah Hazardous Waste Emergency Permit (#UT-07-90)
allowing Hercules to store waste propellant in Buildings 2495 and
SOA. The emergency permit expires January 17, 1991. This permit
is issued under the authority of 26-14-1 et seq., Utah Code
Annotated, 1953 as amended and R450-3-12(a). This additional
storage period should allow Hercules to treat its current backlog
of waste and cancel any future need for an emergency permit.
Sincerely,
Dennis R. Downs
Executive Secretary
Utah Solid and Hazardous Waste Cormnittee
c: Harry L. Gibbons, M.D., M.P.H., Health Officer/Department
Director
Salt Lake City-County Health Department
Larry Wapensky, EPA Region VIII
Enclosure
DRD/bs
UTAH HAZARDOUS WASTE EMERGENCY
PLAN APPROVAL (PERMIT)
UT-07-90
Hercules Bacchus Works
Magna, Utah
EPA #UTD001705029
Effective Date: October 17, 1990
MODULE I - STANDARD CONDITIONS
I.A. EFFECT OF PERMIT
The Permittee is allowed to store Class 1.3 prebatch
propellant in Buildings 2495 and SOA at the Hercules
Bacchus Works Facility in accordance with the conditions
of this permit. Any treatment, storage or disposal of
hazardous waste not authorized in this permit, by R450-3-
20 and R450-7, by R450-5 or any other hazardous waste
permit is prohibited. Compliance with this permit
constitutes compliance, for purposes of enforcement, with
the Utah Solid and Hazardous Waste Act. Issuance of this
permit 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 or regulations.
Compliance with the terms of this 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
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seg., commonly known as CERCLA),
or any other law providing for protection of public health
or the environment.
I.B. ENFORCEABILITY
Any violation of this permit shall be considered either a
Class I or a Class II violation as outlined in the
enforcement penalty policy adopted by the Committee.
Class I violations duly documented through the enforcement
process and upheld through any appellate action may result
in penalties of up to $10,000 per day per violation.
I.e. 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 perform emergency or other response
activities as authorized by law.
I.D. PERMIT ACTIONS
I.D.I. This permit 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 noncompliance on the part of the
Permittee does not stay the applicability or
enforceability of any permit condition.
Module I - page 1
I.D.2. This permit may be modified at the request of the
Permittee according to the procedures of R450-3-9.1.
I.D.3. The Executive Secretary may modify this permit when the
standards or rules on which the permit was based have been
changed by statute, amended standards or regulations, or
by judicial decision after the effective date of the
permit.
I.E. SEVERABILITY
The provisions of this permit are severable, and if any
provision of this permit, or the application of any
provision of this permit to any circumstance is held
invalid, the application of such provision to other
circumstances and the remainder of this permit shall not
be affected thereby. Invalidation of any state or federal
statutory or regulatory provision which forms the basis
for any condition of this permit does not affect the
validity of any other state or federal statutory or
regulatory basis for said condition.
I.F. DUTIES AND REQUIREMENTS
I.F.I. Duty to Comply. The Permittee shall comply with all
conditions of this emergency permit. Any permit
noncompliance, constitutes a violation of the Utah
Administrative Code and is grounds for enforcement action,
permit termination, revocation and reissuance,
modification, or denial of a permit renewal application.
I.F.2. Permit Expiration. This permit will expire January 17,
1991.
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.
I.F.4. Duty to Mitigate. In the event of noncompliance, with the
permit, the 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 impacts on human health or the environment.
I.F.S. Proper Operation and Maintenance. The Permittee shall at
all times properly operate and maintain all facilities
which are used by the Permittee to achieve compliance with
the conditions of this permit.
Module I - page 2
I.F.6. Duty to Provide Information. The Permittee shall furnish
to the Committee 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 this
permit, or to determine compliance with this permit. The
Permittee shall also furnish to the Committee and/or the
Executive Secretary within fifteen (15) days of written
request, copies of records required to be kept by this
permit.
I.F.7. Inspection and Entry. The Permittee shall allow the
Cortunittee and/or the Executive Secretary, or an authorized
representative, upon the presentation of credentials and
other documents as may be required by law, to:
I.F.7.a Enter at reasonable times upon the Permittee's premises
where a regulated facility 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 facilities, equipment
practices, or operations regulated or required under this
permit; and
I.F.7.d. Sample or monitor, at reasonable times, for the purposes
of assuring permit compliance or as otherwise authorized
by the Utah Solid and Hazardous Waste Act, any substances
or parameters at any location.
I.F.8. Anticipated Noncompliance. The Permittee shall give
advance notice to the Executive Secretary of any planned
changes in the permitted facility or activity which may
result in noncompliance with permit requirements. Advance
notice shall not excuse any noncompliance.
I.F.9 Mon.itoring and Records
I.F.9.a.
Samples and measurements taken for the purpose of
monitoring shall 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 method that is approved by the E::ecutive
Secretary. Laboratory methods must be those specified in
Test Methods for Evaluating Solid Waste:
Phvsical/Chemical Methods SW-846, Third Edition, or the
Module I - page 4
most current edition. Standard Methods of Wastewater
Analysis, current edition.
I.F.9.b. A request for substitution of an analytical method which
is equivalent to the method specifically approved for use
in this permit shall be submitted to the Executive
Secretary in accordance with R450-3-9. The request shall
provide information demonstrating that the proposed method
requested to be substituted is equivalent or superior in
terms of sensitivity, accuracy, and precision (i.e.,
reproducibility).
I.F.9.C. The Permittee shall retain at the Hercules, Bacchus Works
Facility records of all monitoring information, copies of
all 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.
This period may be extended by request of the Executive
Secretary at any time and is automatically extended during
the course of any unresolved enforcement action regarding
this facility.
I.F. 10. Twenty-four Hour Reporting. The Permittee shall report to
the Executive Secretary any noncompliance with the permit
which may endanger human health or the environment. Any
such information shall be reported orally as soon as
possible, but not later than twenty-four (24) hours from
the time the Permittee becomes aware of the circumstances.
This report shall include the following:
I.F.lO.a.
Information concerning the release of any hazardous waste
which may endanger public drinking water supplies.
Information concerning the release or discharge of any
hazardous waste, or of a fire or explosion at the
facility, which could threaten the environment or human
health. The description of the occurrence and its cause
shall include:
I.F.lO.b.i.
Name, address, and telephone number of the owner or
operator;
I.F.10.b.ii.
Name, address, and telephone number of the facility;
I.F.lO.b.iii.
Date, time and type of incident;
Module I - page 5
I.F.lO.b,
I.F.l0.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
environment and human health outside the facility, where
this is applicable; and
I.F.lO.b.vii.
Estimated quantity and disposition of recovered material
that resulted from the incident.
I.F.lO.e.
A written submission shall also be provided within five
(5) days of the time the Permittee becomes aware of the
circumstances. The written submission shall contain:
I .F.lO.ci.
Description of the noncompliance and its cause;
I.F.10.c.ii.
Period of noncompliance (including exact dates and times);
I.F.10.c.iii.
Whether the noncompliance has been corrected;
I.F.10.civ.
If not, the anticipated time it is expected to continue;
and
I.F.10.c.v.
Steps taken or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
I.F.10.d.
The Permittee need not comply with 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 requirements
outlined in R450-9 in effect at the time of the incident.
I.F.ll. Other Noncompliance. The Permittee shall report all other
instances of noncompliance not otherwise required to be
reported above. Reporting shall not excuse any
noncompliance.
Module I - page 6
I.F.12. Other Information. Whenever the Permittee becomes aware
that he failed to submit any relevant facts in the permit
application, or submitted incorrect information in a
permit application or in any report to the Executive
Secretary, the Permittee shall submit such facts or
corrected information within seven (7) working days.
I.G. SIGNATORY REQUIREMENT
All applications, reports or other information requested
by or submitted to the Executive Secretary shall be signed
and certified as required by R450-3-3.3.
I.H. PROTECTION 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 determined necessary
to protect human health and the environment.
Module I - page 7
MODULE II - GENERAL FACILITY CONDITIONS
II.A. DESIGN AND OPERATION OF FACILITY
II.A.l. The Permittee shall maintain and operate Storage Buildings
2495 and SOA at the Hercules Bacchus Works Facility and
surrounding areas in such a manner to minimize the
possibility of a fire, explosion or any sudden or non—sudden
release of hazardous waste constituents to air, soil, or
surface water which could threaten human health or the
environment.
II.B. GENERAL SCOPE
II.B.l. The Utah Solid and Hazardous Wastes Committee reserves the
right to add further requirements, modify or delete
requirements, or terminate this emergency permit at any
time.
II.B.2. The Permittee is permitted to store Class 1.3 prebatch
propellant, EPA Waste Identification Code of D003.
II.C. SECURITY
The Permittee shall comply with security conditions and
procedures in accordance with R450-8-2.S.
II.D. GENERAL INSPECTION REQUIREMENTS
II.D.l. The Permittee shall develop and follow an inspection
checklist in accordance with R450-8-2.6. and shall comply
with the following additional conditions:
II.D.2. Upon discovering any deterioration or malfunction that may
result in a threat to human health or the environment, the
Permittee shall remedy said threat as required by
R450-8-2.6(c) within seventy-two (72) hours. If the remedy
requires more time the Permittee shall submit to the
Executive Secretary, before the expiration of the
seventy—two (72) hour period, a proposed time schedule for
correcting the problem.
II.D.3. Records of inspections shall be kept at Hercules Bacchus
Works, Magna, Utah, as required by R450-8-2.6(d).
II.D.4. Any problem which could endanger human health or the
environment shall be corrected as soon as possible, but no
later than twenty-four (24) hours from the time the problem
is discovered.
II.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) ,
and shall record the type and amount of training received by
each employee involved in hazardous waste management.
II.F. PREPAREDNESS AND PREVENTION
II.F.l. Required Eguipment. At a minimum, the Permittee shall equip
and maintain in good operating condition at the facility the
equipment as required by R450-8-3.3.
II.F.2. Testing and Maintenance of Equipment. The Permittee shall
test and maintain the equipment specified in Condition
II.F.l. as required by the National Fire Protection
Association (NFPA) to assure its proper operation in time of
emergency.
II.F.S. Access to Communications or Alarm Svstem. The Permittee
shall maintain access to the communications or alarm system
as required by R450-8-3.5.
II.G. CONTINGENCY PLAN
II.G.l. Implementation of Plan. When dictated by the Hercules
Bacchus Works Contingency Plan the Permittee shall
inunediately 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 Permittee shall comply with
R450—9 in reporting releases to the Executive Secretary.
II.G.2. Copies of Plan. The Permittee shall comply with the
requirements of R450-8-4;4.
II.G.3. Amendments to Plan. The Permittee shall review and
immediately amend, 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.
Module II - page 2
•
II.H. RECORDKEEPING AND REPORTING
II.H.l. The Permittee shall maintain a written Operating Record at
the facility in accordance with R450-8-5.3.
Signed Effective Date: October 17, 1990
Dennis R. Downs
Executive Secretary
Utah Solid and Hazardous Waste Committee
Module II - page 3