DSHW-2024-007134

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MODULE I - STANDARD PERMIT CONDITIONS

I.A. EFFECT OF PERMIT

I.A.1. The Permittee is allowed to treat hazardous waste on pads and on the ground by
Open Burning or Open Detonation (OB/OD), at the Thermal Treatment Unit
(TTU) at the Utah Test and Training Range (UTTR), in accordance with the
conditions of this permit.

I.A.2. Any treatment, storage, or disposal of hazardous waste not authorized in Module
III: Treatment of Energetic Waste or Module VII: Storage of Energetic Waste, of
this permit is prohibited.

I.A.3. Pursuant to Utah Administrative Code (UAC) R315-270-4, compliance with this
permit constitutes compliance, for purposes of enforcement, with the Utah
Hazardous Waste Management Rules, except for those requirements not included
in this permit which become effective by statute, rule change, or judicial decision.
Specifically, compliance with this permit during its term constitutes compliance,
for purposes of enforcement, with UAC R315-264 only for those management
practices specifically authorized by this permit. The Permittee is also required to
comply with UAC R315-101, 102, 124, 260, 261, 262, 263, 264, 266, 269 and
270 as applicable.

I.A.4. 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.

I.B. ENFORCEABILITY

I.B.1. Any violations of this permit that are duly documented through the enforcement
process pursuant to Utah Code Annotated (Utah Code) 19-6-112, may result in
penalties assessed in accordance with UAC R315-102.

I.C. OTHER AUTHORITY

I.C.1. The Board 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.
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I.D. PERMIT ACTIONS

I.D.1. This permit may be modified, revoked, and reissued, or terminated for cause, as
specified in UAC R315-270-41 and UAC R315-270-43.

I.D.2. 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.

I.D.3. The Director may modify this Permit in accordance with UAC R315-124-5.

I.D.4. All permit conditions within the modules of this permit supersede conflicting
statements, requirements or procedures found within the attachments of this
permit and the Permittee’s application for it.

I.D.5. If a conflict exists between conditions within this permit, the most stringent
condition, as determined by the Director, shall be met.

I.E. SEVERABILITY

I.E.1. 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 TO COMPLY

I.F.1. The Permittee shall comply with all conditions of this permit, except to the extent,
and for the duration, such noncompliance is authorized by an emergency permit
issued in accordance with UAC R315-270-61. Any permit noncompliance, other
than noncompliance authorized by an emergency permit, constitutes a violation of
the Act and is grounds for enforcement action, permit termination, revocation,
reissuance, modification or denial of a permit renewal application, or a
combination of enforcement action and any other remedies provided by law.

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I.F.2. Compliance with the terms of this permit does not constitute a defense to any
order issued or any action brought under Sections 3007, 3008, 3013, or 7003 of
the Resource Conservation and Recovery Act (42 U.S.C. §§ 6927, 6928, 6934 and
6973, commonly known as RCRA), Section 106(a), 104, or 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. § 9606(a), commonly known as CERCLA) as amended by the
Superfund Amendments and Reauthorization Act of 1986 (SARA), or any other
State or federal law providing for protection of public health or the environment
from any imminent and substantial endangerment to human health or the
environment.

I.G. DUTY TO REAPPLY

I.G.1. In accordance with UAC R315-270-30(b), if the Permittee wishes to continue an
activity allowed by this permit after the expiration date of this permit, at a
minimum of one hundred eighty (180) calendar days prior to the expiration date,
the Permittee shall submit an application for a new permit.

I.H. PERMIT EXPIRATION

I.H.1. This permit shall be effective for ten years from the date of issuance.

I.I. CONTINUATION OF EXPIRING PERMIT

I.I.1. This permit and all conditions herein shall continue in force in accordance with
UAC R315-270-51 until the effective date of a new permit, if the Permittee has
submitted a timely (at least 180 days prior to Permit expiration or by an alternate
date if requested by the Director) and complete application under UAC R315-
270-14 and the applicable requirements of UAC R315-270-15 through 29, and
through no fault of the Permittee, the Director has neither issued nor denied a new
permit under UAC R315-124-15 on or before the expiration date of this permit.

I.J. REVIEW OF PERMIT

I.J.1. In accordance with the Utah Code 19-6-108(13), this permit shall be reviewed
five years after the effective date and modified, as necessary.

I.K. NEED TO HALT OR REDUCE ACTIVITY NOT A DEFENSE

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I.K.1. 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.L. DUTY TO MITIGATE

I.L.1. In the event of noncompliance with this permit, the Permittee shall take all
reasonable steps to minimize releases to the environment resulting from the
noncompliance, and shall carry out such measures as are reasonable, to prevent
significant adverse impacts on human health and the environment.

I.M. PROPER OPERATION AND MAINTENANCE

I.M.1. The Permittee shall, at all times, properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) that are installed or
used by the Permittee to achieve compliance with the conditions of this permit.
Proper operation and maintenance includes effective performance, adequate
funding, adequate operator staffing and training, and adequate laboratory and
process controls, including appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary equipment or similar
systems only when necessary to achieve compliance with the conditions of this
permit.

I.N. DUTY TO PROVIDE INFORMATION

I.N.1. The Permittee shall furnish to the Director, within a reasonable time, any relevant
information that the Director 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 Director,
upon request, copies of records required to be kept by this permit.

I.O. INSPECTION AND ENTRY

I.O.1. Pursuant to the Federal Facilities Compliance Act of 1992, Utah Code. 19-6-109,
UAC R315-260-5, and UAC R315-270-30(i), the Permittee shall allow the
Director, or his authorized officer, employee, or representative, upon the
presentation of credentials and other documents, as may be required by law, to:

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I.O.1.a. Enter at reasonable times upon the Permittee's premises where a regulated facility
or activity is located or conducted, or where records are kept as required by the
conditions of this permit;
.
I.O.1.b. Have access to and copy, at reasonable times, any records that are kept as required
by the conditions of this permit;

I.O.1.c. Inspect at reasonable times any portion of the Facility, equipment (including
monitoring and control equipment), practices, or operations regulated or required
under conditions of this permit;

I.O.1.d. Sample or monitor, at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Utah Code any substances or
parameters at any location; and

I.O.1.e. Make a record of inspections by photographic, electronic, videotape, or any other
reasonable medium.

I.P. MONITORING AND RECORDS

I.P.1. The Permittee shall retain records of all monitoring information, including all
calibration and maintenance records and all original reports and data files (or
equivalent recordings) for continuous monitoring instrumentation, copies of all
reports required by this permit, the waste minimization certification required by
UAC R315-264-73(b)(9), and records of all data used to complete the application
for this permit for a period of at least three years from the date of the sample,
measurement, report, certification, or recording, unless a longer retention period
for certain information is required by other conditions of this permit.

The Permittee shall retain, at the Facility, all monitoring records from all surface
water sampling, soil sampling, groundwater monitoring wells, and associated
groundwater surface elevations until three years past the end of the corrective
action instituted to address releases of hazardous waste or hazardous waste
constituents from any Solid Waste Management Unit (SWMU) listed in Module
IV Table 1 herein. This includes any and all data acquired to support the human
health and ecological risk assessments for operations at the TTU. These periods
may be extended by request of the Director at any time by written notification to
the Permittee. The retention times are automatically extended during the course
of any unresolved enforcement action regarding the Facility to three years beyond
the conclusion of the enforcement action.
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I.P.2. Pursuant to UAC R315-270-30(j)(3), records of monitoring information shall
specify:

I.P.2.a. The date(s), exact place, and times of sampling or measurements;

I.P.2.b. The name(s), title(s), and affiliation of individual(s) who performed the sampling
or measurements;

I.P.2.c. The date(s) analyses were performed;

I.P.2.d. The individual(s) who performed the analyses;

I.P.2.e. The analytical techniques or methods used; and

I.P.2.f. The results of such analyses, including the Quality Assurance/Quality Control
summary.

I.P.3. Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity. The method used to obtain a
representative sample of waste to be analyzed shall be the appropriate method
from UAC Appendix I to Rule R315-261- Representative Sampling Methods
or an equivalent method approved by the Director. Laboratory methods shall be
those specified in the latest edition of Test Methods for Evaluating Solid Waste:
Physical/Chemical Methods SW-846 (hereafter, referred to as SW-846), Standard
Methods of Wastewater Analysis (17th Edition, 1989; or prevailing edition), other
alternate methods approved in this permit, or an equivalent method approved in
accordance with Condition I.P.4.

I.P.4. The Permittee shall substitute analytical methods that are equivalent or superior to
those specifically approved for use in this permit in accordance with the
following:

I.P.4.a. The Permittee submits to the Director a request for substitution of an analytical
method which is equivalent to the method(s) specifically approved for use in this
permit. The request shall provide information demonstrating the equivalency of
the proposed method(s) requested to be substituted in terms of sensitivity,
accuracy, and precision (i.e., reproducibility).

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I.P.4.b. The Permittee receives a written approval from the Director for the substitution of
the analytical method(s). Such approval shall not require a permit modification
under UAC R315-270-41.

I.Q. REPORTING PLANNED CHANGES

I.Q.1. The Permittee shall provide written notice to the Director at least three working
days prior to any planned change to the TTU, other than routine maintenance, that
does not require a permit modification.

I.R. REPORTING ANTICIPATED NONCOMPLIANCE

I.R.1. The Permittee shall give advance notice to the Director of any planned changes to
the permitted Facility or which may result in noncompliance with requirements of
this permit. Advanced notice shall not constitute a defense for any
noncompliance.

I.S. CERTIFICATION OF CONSTRUCTION OR MODIFICATION

I.S.1. The Permittee may not commence storage, treatment, or disposal of hazardous
waste in any newly permitted hazardous waste management unit or system or in a
modified portion of an existing permitted hazardous waste management unit until
the Permittee has submitted to the Director by certified mail, express mail, or
hand delivery a letter signed by the Permittee and a registered professional
engineer certifying that the permitted unit(s) at the Facility has been constructed
or modified in compliance with this permit; and

I.S.2. The Director has reviewed and inspected the modified or newly constructed
unit(s) and has notified the Permittee in writing that the unit(s) is in compliance
with the conditions of this permit; or

I.S.3. The Permittee may commence treatment, storage, or disposal of hazardous waste
in the permitted unit certified in accordance with Condition I.S.1. if, within 15
calendar days of the date of receipt of the certification, the Director has either
waived the inspection or has not notified the Permittee of an intent to inspect.

I.T. TRANSFER OF PERMIT

I.T.1. This permit may only be transferred to a new owner or operator if it is modified or
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revoked and reissued pursuant to UAC R315-270-40 or UAC R315-270-41.
Prior to transferring ownership or operation of the Facility during its operating
life, the Permittee shall notify the new owner or operator, in writing, of the
requirements of UAC R315-271, UAC R315-264, and this permit.

I.U. 24 HOUR REPORTING

I.U.1. In accordance with UAC R315-270-30(l)(6)(i), the Permittee shall report to the
Director any noncompliance with this permit that may endanger human health or
the environment. Any such information shall be reported orally as soon as
possible, but not later than 24 hours, from the time the Permittee becomes aware
of the noncompliance.

I.U.2. Potential endangerment to human health or the environment shall include, but not
be limited to, any release to the environment of any constituent listed in UAC
R315-263-30 or of any waste stream listed in Condition III.B.4.

I.U.3. In accordance with UAC R315-263-30, the Permittee shall report to the Director
any spill of hazardous waste listed in UAC R315-261-33(3) if the spilled quantity
exceeds one kilogram or a lesser amount if there is a potential endangerment to
human health or the environment. Any such information shall be reported orally
as soon as possible, but not later than 24 hours from the spill occurrence.

I.U.4. In accordance with UAC R315-263-30(b)(l), the Permittee shall orally report to
the Director a spill of any hazardous waste, or material which when spilled
becomes a hazardous waste, if the spilled quantity exceeds 100 kilograms or a
lesser amount if there is a potential for endangerment to human health or the
environment. Any such information shall be reported orally as soon as possible,
but not later than 24 hours from the spill occurrence.

I.U.5. The oral report shall include, at a minimum, the following:

I.U.5.a. Information concerning the release of any hazardous waste that may endanger
public drinking water or surface water supplies, and

I.U.5.b. Any information of a release or discharge of hazardous waste, or of a fire or
explosion at the Facility, that could threaten the environment or human health.

I.U.5.c. The description of the occurrence and its cause shall include:

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I.U.5.c.i. Name, phone number and address of person responsible for the spill;

I.U.5.c.ii. Name, title and phone number of individual reporting the spill;

I.U.5.c.iii. Time, date and type of spill;

I.U.5.c.iv. Location of spill - as specific as possible, including nearest town, city, highway or
waterway;

I.U.5.c.v. Description of material on the manifest and the quantity of material spilled;

I.U.5.c.vi. Cause of spill and the extent of injuries, if any;

I.U.5.c.vii. A description of any emergency action taken to minimize the threat to human
health and the environment;

I.U.5.c.viii. An assessment of any actual or potential hazard to the environment and human
health, both on and off the facility, where this is applicable;

I.U.5.c.ix. Estimated quantity and disposition of recovered material that resulted from the
incident; and

I.U.5.c.x. Any other information necessary to evaluate fully the situation and to develop an
appropriate course of action.

I.U.6. Within 15 days after any spill of hazardous waste or material which, when spilled,
becomes a hazardous waste, and is reported under permit Condition I.U.4., the
Permittee shall submit to the Director a written report.

I.U.6.a. The written report shall include, at a minimum, the following:

I.U.6.a.i. The name, address, and telephone number of the individual reporting;

I.U.6.a.ii. The period of noncompliance including exact dates and times;

I.U.6.a.iii. If the noncompliance has not been corrected, the anticipated time it is expected to
continue and

I.U.6.a.iv. The steps taken or planned to reduce, eliminate and prevent recurrence of the
noncompliance.
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I.U.6.a.v. An assessment of actual or potential hazards to human health or the environment,
where this is applicable; and

I.U.6.a.vi. The estimated quantity and disposition of recovered material that resulted from
the incident.

I.V. OTHER NONCOMPLIANCE

I.V.1. The Permittee shall report all other instances of noncompliance not otherwise
explicitly required to be reported in this permit. The reports shall meet the
requirements of Condition I.U. Reporting shall not constitute a defense for any
noncompliance.

I.W. OTHER INFORMATION

I.W.1. Whenever the Permittee becomes aware that it failed to submit any relevant facts
in the permit application or submitted incorrect information in a permit
application or in any report submitted to the Director, the Permittee shall
promptly submit such facts or corrected information to all appropriate persons.

I.X. SIGNATORY REQUIREMENT

I.X.1. All applications, reports, or other information requested by or submitted to the
Director shall be signed and certified in accordance with UAC R315-270-11 and
R315-270-30(k).

I.Y. CONFIDENTIAL INFORMATION

I.Y.1. In accordance with Utah Code 19-1-306 et seq. and UAC R305-1, the Permittee
may claim confidential any information required to be submitted pursuant to this
permit. In accordance with the requirements of the Utah Government Records
Access and Management Act, Utah Code 63G-2, the Director may classify any
information submitted subject to a claim of confidentiality.

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I.Z. REPORTS, NOTIFICATIONS, AND SUBMISSIONS

I.Z.1. All reports, notifications, or other submissions which are required by this permit
to be sent or given to the Director should be sent by certified mail, express mail,
or hand delivery to:

Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, Utah 84114-4880

or emailed to:

[e-mail]

All hand delivered submissions shall be made during normal business hours at the
Division of Waste Management and Radiation Control, MASOB, 195 North 1950
West, Salt Lake City, Utah.

During normal business hours (8 am to 5 pm, Monday through Friday, except
Utah State holidays), required oral notifications shall be given only to the Director
or an Environmental Manager, Environmental Scientist, or Engineer employed by
the Director to assist in administering the hazardous waste program. Notifications
made at times outside of normal business hours shall be made to one of the
aforementioned persons if the Permittee can contact such person at the facility or
at the office of the Division of Waste Management and Radiation Control at 801-
536-0200. Otherwise, notification shall be made to the 24-hour answering service
at 801-536-4123. Notifications made to the 24-hour answering service shall
include all applicable information required by this permit. The Permittee shall
give oral notification to the Director or an Environmental Manager,
Environmental Scientist, or Engineer employed by the Director to assist him in
administering the hazardous waste program on the first business day following
notification to the 24-hour answering service.

I.AA. DOCUMENTS TO BE MAINTAINED AT THE FACILITY SITE

I.AA.1. The Permittee shall maintain at the Facility, until closure is completed and
certified by an independent registered engineer, the following documents and
amendments, revisions, and modifications to these documents:

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I.AA.2. Waste Analysis Plan for Residue and Ash (Attachment 3), as required by UAC
R315-270-14(b)(3) and this permit.

I.AA.3. Inspection Plans and Schedules (Attachment 5 and Attachment 16), as required by
UAC R315-270-14(b)(5) and this permit.

I.AA.4. Personnel Training Program (Attachment 6), documents, and records, as required
by UAC R315-264-16(d) and this permit.

I.AA.5. Contingency Plan and Equipment List (Attachment 7), as required by UAC
R315-264-50 and this permit.

I.AA.6. Operating Record, as required by UAC R315-264-73 and this permit.

I.AA.7. Closure Plan and Post Closure Plan (Attachment 8), as required by UAC
R315-264-112.

I.AA.8. A copy of the Permittee’s waste minimization statement.

I.AA.9. A copy of this permit.

I.BB. MONITORING REPORTS

I.BB.1. Monitoring reports shall be submitted at the intervals specified elsewhere in this
permit.

I.CC. COMPLIANCE SCHEDULES

I.CC.1. Reports of compliance or noncompliance with, or any progress reports on, any
requirements contained in any compliance schedule shall be submitted no later
than 14 days following each scheduled date.

I.DD. MANIFEST DISCREPANCY REPORT

I.DD.1. Manifest discrepancies shall be defined as differences between the quantity or
type of hazardous waste designated on the manifest or shipping paper and the type
or quantity of waste the Permittee receives. Significant discrepancies in quantity
are any variation in piece count, such as a discrepancy of one drum in a truckload.
Significant discrepancies in type are obvious differences that can be discovered
by inspection, such as the serial number on the munition not corresponding to the
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serial number on the formal treatment request. If a significant discrepancy is
discovered on a manifest or shipping paper, the Permittee shall attempt to
reconcile the discrepancy. If the discrepancy is not resolved within 15 days, the
Permittee shall submit a written report, including a copy of the manifest or
shipping paper, and efforts to reconcile the discrepancy, to the Director in
accordance with UAC R315-264-72.

I.EE. BIENNIAL REPORT

I.EE.1. A biennial report shall be submitted covering facility activities during odd-
numbered calendar years. This report shall be submitted by March 1 of the
following even numbered year in accordance with UAC R315-264-75.

I.FF. PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT

I.FF.1. Pursuant to Section 3005(C)(3) of RCRA (Section 212 of HSWA), codified as 40
CFR 270.32(b)(2), and UAC R315-270-32(b)(2), this permit contains those terms
and conditions determined necessary to protect human health and the
environment.

I.GG. CORRECTIVE ACTION

I.GG.1. The Permittee shall comply with all provisions of UAC R315-264-101, Section
3004(u) of RCRA, as amended by HSWA and 40 CFR 264.101 that require that
permits issued after November 8, 1984, address corrective action for releases of
hazardous waste including hazardous constituents from any Solid Waste
Management Unit (SWMU) at the facility, regardless of when the waste was
placed in the unit.

I.GG.2. If corrective action becomes necessary at a future SWMU the Permittee shall
follow the procedures in Condition IV.G.