The violations in the proposed Order consist of (1) failing to return a Depot Area Air Monitoring System back into operational order by leaving a sample line cut-off valve in the closed position, (2) failure to notify the Department of a name change 90 days prior to the effective date of the name change, (3) failure to provide continuous perimeter Depot Area Air Monitoring of GB, VX, and HD, (4) failure to quality control challenge the Automatic Continuous Air Monitoring System once in each four hour period, (5) failure to calibrate two pH analyzers for the Metal Parts Furnace within the instrument’s seven day periodicity, (6) failure to monitor the Discharge Airlock of the Metal Parts Furnace while a sample line for the non-RCRA Automatic Continuous Air Monitoring System was disconnected, (7) failure to operate the Metal Parts Furnace in a manner to prevent it from exceeding its zone 1 high temperature set point, (8) failure to monitor waste in the Cool Down Enclosure for agent for at least one hour, and (9) operating the Deactivation Furnace System for four days with the scrubber tower clean liquor pressure alarm deactivated.

The Department is proposing a civil penalty in the amount of $61,500. The Order, if issued, would require ANCDF to: (1) properly operate process monitoring systems specified in their permit while incinerating hazardous waste, (2) adhere to all ANCDF Standard Operating Procedures, (3) notify the Department in a timely manner if the owner or operator of the facility changes, and (4) pay to the Department a civil penalty in the amount of $61,500.

Interested persons may submit written comments, including a request for a hearing, within 30 days of the publication date of this notice to:

Alabama Department of Environmental Management

Attention Mr. Wm. Gerald Hardy, Chief of the Land Division

P. O. Box 301463

Montgomery, Alabama 36130-1463.

This notice is hereby given this the 14^th day of January, 2009, by authorization of the Alabama Department of Environmental Management.