Temp - DSHW-2004-006602

or-efiver,KER
GAYLE F. McKEACHNIE
Ueutenantt Governor
FEtE OOPI
State of Utah
Department of
Environmental
Quality
Dianne R. Nielson, Ph.D.
Executive Director
DIVISION OF SOLID &
HAZARDOUS WASTE
Dennis R. Downs
Director June 16,2W4
Colonel Gary Harter, Commander
Dugway Proving Ground
Dugway, Utah 84405-5000
Re: Signed Stipulation and Consent Order No. 0401001
Dear Colonel Harter:
Please find enclosed a signed copy of the Stipulation and Consent Order (SCO) between Dugway
Proving Ground, the Utah [Iazardous'Waste Control Board, and the Product Manager for
Nonstockpile Chemical Demilitarization to implement the Explosive Destruction System at
Dugway. This copy of the SCO is for yourrecords.
If you have any questions, please contact or Marty Gray or Doug Taylor of my staff at (801)
538-6170.
Dennis R. Downs, Executive Secretary
Utah Solid and Hazardous Waste Control Board
DRDIDWT/KK
c: Lt. Colonel James Fletcher, Aberdeen (Signed Original)
Joseph Gearo, DPG Environmental
Sincerely,
L/uAw
288 North 14610 West . Fo Box 1,14880 . Salt kke City, tlT *, ,0.4339 . phone [phone] . fax (801) 538- "" Llhh!
T.D.D. (801) 536414 . www.deq.utah.gov Where ideas connect"
BEFORE TI{E UTAH SOLID AND HAZARDOUS WASTE CONTROL BOARD
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In the Matter of:
STIPULATION AND
CONSENT ORDER
Dugway Proving Grounds - Owner:
Product Manager for Non-Stockpile Chemical Materiel - Operator
r[r37 502rt259
No: 0401001
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This STIPULATION AI\D CONSENT ORDER (SCO) is issued by the UTAH SOLID
AND HAZARDOUS WASTE CONTROL BOARD (the Board) pursuant to the Utah
Solid and Hazardous Waste Act (the Act), Section 19-6-101, et seq., Utah Code
Annotated 1953, as amended (UCA).
JURISDICTION
1. The Board has jurisdiction over the subject matter of this SCO pursuant to19-6-
l0l of the Act, and jurisdiction over the parties.
FINDINGS
2. Dugway Proving Grounds (Dugway) is a "person" as defined in UCA19-1-103
(4) and is subject to all applicable provisions of the Act, R3l5 of the Utah Administrative
Code (the Rules), the Part B Permit issued on March 16,1994 (the Permit) and the
Stipulation and Consent Order issued on September 13, 1990 (the Consent Order).
3. Dugway is owned and operated by the U.S. Army and is located in Tooele
County, Utah. Dugway has the mission of conducting tests for chemical and biological
defense, smoke defense and incendiary devices for the Department of Defense. Dugway
owns and operates the Igloo G Hazardous Waste Storage Facility under the provisions of
the Permit, which stores range recovered chemical munitions and non-stockpile chemical
agent (P999). There are currently 15 range recovered munitions and seven Department of
Transportation (DOT) cylinders of Chemical Warfare Agent stored in Igloo G. These
waste munitions are classified as non-stockpile chemical materiel and are potentially
unsafe and should be treated and disposed.
4. The Program Manager for Elimination of Chemical Weapons is responsible for
destroying all United States chemical warfare materiel. The Product Manager for Non-
Stockpile Chemical Materiel (PMNSCM) is responsible for destroying non-stockpile
chemical materiel. The PMNSCM is a "person" as defined in UCA19-1-103 (4) and,
when conducting hazardous waste management activities at Dugway, is subject to all
applicable provisions of the Act and R315 of the Utah Administrative Code (the Rules),
the Permit and the Consent Order.
5. The PMNSCM is the operator of the Explosive Destruction System (EDS) which
is a technology developed to treat and detoxify non-stockpile chemical munitions in a
totally enclosed treatment system rather than through open detonation.
6. Dugway and the PMNSCM, herein referred to as the Army, and the Executive
Secretary of the Board have worked together to develop a plan for destruction of
recovered chemical warfare materiel at Dugway Proving Ground, Utah using the
Explosive Destruction System (the Plan). The Plan contains procedures for treating the
waste munitions identified in Paragraph Three in a manner that is protective of human
health and the environment, and in a manner consistent with hazardous waste interim
status regulations R3 15-7.
7. The Army and the Board now wish to enter into a SCO to implement the Plan to
treat the munitions.
STIPI.]LATIONS
8. For the purpose of this SCO, the parties agree and stipulate to the above stated
facts. Other than Paragraph Seven above, none of the stipulations herein shall be
considered admissions by any party, and shall not be used by any person related or
unrelated to this SCO for the purposes other than determining the basis of this SCO.
9. The Plan to treat the waste munitions identified in Paragraph Three is
incorporated into the SCO as Attachment A: Plan for Destruction of Recovered
Chemical Materiel at Dugway Proving Ground, Utah Using the Explosive Destruction
System, Final Revision2, March 2004.
10. The Internal and Standard Operating Procedures (SOP) for the EDS are
incorporated into the SCO as Attachment B. The EDS Treatment Quality Assurance
Project Plan (QAPP), Final Revision 2, March 2004, is incorporated as Attachment C.
The Monitoring Detection Limits (IUDL) are incorporated as Attachment D. The Quality
Control Plan (QCP) for the Chemical Agent Standard Analytical Reference Material
(CASARM) is incorporated as Attachment E. The Closure Strategy, Final, April 2004, is
incorporated as Attachment F. Standard Operating Procedures 18, 19, 21, and22 are
incorporated as Attachment G.
CONSENT ORDER
11. Based on the foregoing Findings and Stipulations, the parties hereby agree as
follows:
12. The Army shall be subject to all applicable rules, permits, and the conditions of
the SCO during the course of EDS operation.
13. EDS operational personnel shall treat the wastes identified in Paragraph Three of
this SCO in accordance with Attachments A through E.
14. The monitoring action levels during EDS operations shall beO.2 Chemical
Control Limit/Time Weighted Average (CCUTWA) on the filter exhaust and in the
vapor containment system. Paragraph 25 shall govern any changes to these monitoring
action levels.
15. The Army shall provide analytical laboratories receiving samples of F999 and
P9998999 hazardous waste generated by the EDS for waste characteization with a
certification statement certifying that the waste sample contains less than 50 ppm of
chemical agent for mustard and one ppm chemical agent for GB, and with a safety
briefing for the analytical laboratory personnel which describes symptoms of chemical
agent exposure and exposure treatment methodology.
16. All waste munitions treated by the EDS, and waste generated during the treatment
process, shall be further treated using a destruction technology at a permitted offsite
TSDF after the EDS treatment has been completed, and agent levels in the waste have
been verified to be below treatment goals. The Army shall follow established Dugway
procedures for managing agent contaminated carbon filters at commercial TSDFs.
I7. Following completion of the work to be performed under this SCO, the Army
shall submit to the Executive Secretary a written after action report. The after action
report shall include the operating record developed during operation of the EDS, an
identification and assessment of upset operations, and analyical data of samples taken
from process waste streams and closure verification. The report shall include a written
certification of completion by an independent Utah registered professional engineer
(R315-7). Within thirty (30) days of receipt of the report, the Executive Secretary shall
determine whether the Army has fulfilled all requirements and obligations under this
SCO, including payment in full of State invoices in accordance with Paragraph 19, and
shall notify the Army in writing of his determination. If the Executive Secretary
determines that all provisions of this SCO have been fulfilled, the notice shall constitute
completion of this SCO. In the event the Executive Secretary determines that all
requirements of the SCO have not been met, he shall provide the Army with a written
description of deficiencies within thirty (30) days of receipt of the after action report and
certification. The Army shall notify the Executive Secretary within thirty (30) days of
receipt ofthe deficiencies of activities to be undertaken to correct the deficiencies, and a
timetable for completion of activities. Once all deficiencies have been corrected, the
Executive Secretary shall notify the Army in writing that all provisions of the SCO have
been fulfilled.
18. The engineer certification of closure and associated analytical data may be
submitted to the Executive Secretary independent of the after action report required by
Paragraph 17. However, the EDS shall not be moved from Dugway until the Executive
Secretary has approved the certification of closure and the supporting data and has
inspected the EDS unit.
19. The Army shall reimburse the Executive Secretary for all reasonable costs for
plan review and in overseeing compliance with this SCO. Upon execution of this SCO,
the Executive Secretary shall submit quarterly invoices to the Army identifying the
oversight and review costs of State employees in accordance with the fee collection
schedule in the Utah Appropriations Act. The Army shall, within forty-five (45) days of
receipt of each such invoice, remit a check to the State for the full amount of the costs,
payable to:
Utah Department of Environmental Quality
c/o Dennis Downs, Executive Secretary
Utah Solid and Hazardous Waste Control Board
P.O. Box 144880
Salt Lake City UT 84114-4880
20. The Army will provide at least seven (7) days prior notice to the Executive
Secretary of any activities pertaining to fieldwork associated with the plan. The
Executive Secretary reserves the right to acquire split samples of process waste collected
for analysis by the Army. The Army shall provide access to Dugway and the EDS upon
request by the Executive Secretary's authorized representative(s) for the purpose of
enforcing, monitoring, photographing, sampling, and observing activities conducted
under this SCO.
2I. The State or any of its employees, or any member of the Board or the Executive
Secretary shall not be liable for any injury or damage to persons, property, or natural
resources which result from acts or omissions by the Army or its agents or contractors in
carrying out activities pursuant to this SCO. The Executive Secretary and his
representatives shall comply with all reasonable requirements established by the Army
for the protection of health, safety, and security while at the facility. Some of the
activities conducted pursuant to this SCO may pose certain health and safety risks, which
the Executive Secretary and the Army hereby acknowledge. The health and safety of
Army personnel and/or its contractors are not the responsibility of the State, the Board,
the Executive Secretary, or any of their agents and employees.
22. Except as provided in Paragraph 7 herein above, the Army, the Executive
Secretary, the Board, or any entity of the State shall not be deemed to have waived any
rights which it may otherwise exercise under applicable laws and administrative rules
including, but not limited to, such actions as may be necessary to prevent pollution of
gound water, protect human health and environment, protect and maintain its natural
resources, abate an imminent hazard or public nuisance, recover costs for the State
expenditures, and/or recover damages for loss, destruction or replacement of natural
resources. The Board shall not be precluded from initiating enforcement action,
including seeking civil penalties, against the Army in the event of noncompliance with
the Utah Solid and Hazardous Waste Act and applicable administrative rules or
noncompliance with this SCO.
FORCE MAJI]RE
23. Dugway's failure to meet or satisfy any requirements set out in this SCO shall be
excused for a reasonable time to the extent the failure is caused by events beyond
Dugway's control, including without limitation acts of God, public enemy, unforeseen
strikes or work stoppages, fire, explosion, flood, tornado, earthquake, lightning, riot,
sabotage or war.
24. Failure to obtain adequate funds or appropriations from Congress does not, in any
way, release the Army from its obligation to comply with the Federal Facilities
Compliance Act and applicable Utah statutes. If sufficient funds are not appropriated by
the Congress as requested and existing funds are not available to achieve compliance
with the schedule provided in this SCO, the Army shall have the opportunity to prove by
a preponderance of the evidence that the lack of funding was beyond the reasonable
control of the Army and could not have been overcome by due diligence. If the Army
proves a lack of funding was beyond its control, the Army shall not be held liable for
delays in meeting SCO deadlines. Nothing in this SCO shall be construed to require the
United States Government or any of its instrumentalities to obligate funds in any fiscal
year in contravention of the Anti-Deficiency Act, 31 U.S.C. Section 1341, or any other
fiscal law in Title 31 of the United States Code.
MODIFICATIONS
25. This SCO contains the entire agreement between the parties hereto concerning the
subject matters treated herein and may not be amended, supplemented, or modified
except through a writing executed by both parties hereto. This SCO shall be binding on
both parties, their respective successors and assigns all persons or entities acting under,
through or for them. The Army consents to entry of this SCO and agrees to be bound
thereby.
26. The Army may undertake changes to onsite equipment without modifying this
SCO, provided that the changes meet the criteria of a Class I modification to a RCRA
Part B Permit without prior approval. All other changes shall require modification of this
SCO as required byParagraph2l.
EFFECTIYE DATE
27. This SCO shall become effective upon execution by Dugway Proving Grounds,
the Product Manager for Non-Stockpile Chemical Materiel, and the Executive Secretary
of the Utah Solid and Hazardous Waste Control Board.
PMNSCM
nant Colonel James P. Fletcher,
Product Manager for Non-Stockpile
Chemical Materiel
Dated this: 4 day
of Q- .zoo+
Dugway Proving Grounds
Colonel y Harter, Commander
utah Soli Control Board
nis R. Downs,6cutive Secretary