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From:
To:
Date:
Subject:

"Forsee, Gary" <Gary.Forsee@illinois.gov>

"Pendergrass, Curt (CHFS DPH)" <Curt.Pendergrass@ky.gov>
3/23/2016 11:14:22 AM
RE: transportation of TENORM waste

Kelly and I are meeting Friday. Sounds like you have a handle on what we are doing in Illinois. Under current rules, nothing requiring a placard could go to a Subtitle D (i.e, greater than 270 pCi/g and, I believe, 1 kg).
Im also working on the CRCPDs Part N rules. We have a long way to go, but there appears to be consensus to open additional avenues of in-state disposal provided there are dose assessments assuring public and worker
safety. We are still wrestling with how to accomplish it in a concise manner.
Gary Forsee, Health Physicist
Bureau of Radiation Safety
Illinois Emergency Management Agency
1301 Knotts St.
Springfield, IL 62703
P: 217-782-1322
E: Gary.Forsee@illinois.gov
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]
Sent: Friday, March 18, 2016 12:38 PM
To: Forsee, Gary
Subject: RE: transportation of TENORM waste

Sounds like a plan to me Gary. Just get back in touch with me with you and Kelly get a chance to put your heads together. Kelly called me yesterday and gave me the low down on how IEMA is addressing the TENORM issue at
the moment as it relates to water treatment residuals. I like the idea of separating the Ra-226 TENORM containing wastes based on activity with Ra-226 + 228 less than and equal to 100 pCi/g going to any subtitle D municipal
solid waste landfills and 100-200 pCi/g Ra-226 + 228 going to specially permitted subtitle D landfills with the caveat being that the generator must send IEMA an analysis from a certified lab along with a volume/mass of
wastes for LLRW tracking purposes. That and the fact IEMA has issued a special class of General License to these water treatment facilities for possession only which requires some type of awareness level training. I also agree, that
having an in-state path for disposition of >200 up to 2,000 pCi/g is desirable but that probably needs to go to a Subtitle C hazardous waste landfill or else a subtitle D landfill designated as a TENORM landfill with lots of
stipulations and requirements as far waste acceptance criteria and handling requirements and volume restrictions. That and the fact IEMA is requiring a specifically licensed D&D contractor to handle the cleanout and the
disposition of the TENORM wastes sounds like a great way to protect public health and safety. But again, the thought of a Class 7 placarded TENORM waste shipment dumping in a municipal solid waste landfill is just
unacceptable. And I think we all can agree that anything greater than 2,000 pCi/g needs to go out west to licensed LLRW disposal facility. And you are correct, the Regional Management Plan is in need of a revision and KY needs
to finally get around to promulgating some regulations under the CMC statutes to give some direction to the regulated community. I can assure you that our elected officials are not sitting idly by on this TENORM issue, at least
as it relates to oil and gas. At some point, someone is going to have to break the bad news about coal combustion residues (fly ash) being TENORM as well which is not going to go over too well.
Take care, Curt

State Senate unanimously passes new fracking regs

FRANKFORT The state Senate today passed legislation that would modernize Kentuckys regulations on high-volume hydraulic fracturing, often referred to as fracking, for the first time in more
than two decades.
The legislation, known as Senate Bill 186, would mandate energy companies notify nearby landowners of any planned fracking process, clean up the well before abandoning it and disclose of the
chemicals used in the fracking process, said Sen. Julian M. Carroll, D-Frankfort, the sponsor of the bill. He added that the bill would apply to new drilling operations.
We havent really changed our laws or regulations in 20 years, said Carroll. During that time, technology has advanced that could essentially make Kentucky energy independent if we will go after
our (energy) reserves. We are already doing that in the area of gas. This moves us in that direction with oil.
Similar legislation passed the state House on Wednesday. The House bill, HB 386, is sponsored by House Majority Floor Leader Rocky Adkins, D-Sandy Hook.
Fracking is an oil and gas well development process that typically involves injecting water, sand and chemicals under high pressure into a bedrock formation, according to the U.S. Geological Survey.
The technique is used commonly in low-permeability rocks like tight sandstone, shale and some coal beds to release oils and gasses.
Tom Fitzgerald, director of the nonprofit environmental advocacy group Kentucky Resources Council, previously testified that he supported the bill. Carroll said during a floor speech that a key to
getting Fitzgeralds support was to include language in the bill that would require baseline water quality testing before any new fracking could begin. Those tests would be followed with additional water
sampling once operations begin in order to monitor drilling impacts to local water sources.
Sen. Jared Carpenter, R-Berea, who is chairman of the Senate Committee on Natural Resources and Energy, said the legislation is the product of a years worth of work by officials at the state Energy
and Environment Cabinet. He added that the legislation is also backed by the Kentucky Oil and Gas Association.
Carpenter said the legislation would ensure continued energy growth in Kentucky.
Curt Pendergrass PhD
Supervisor, Radioactive Materials Section
Kentucky Radiation Health Branch
275 East Main Street
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
E-mail: curt.pendergrass@ky.gov
Website: http://www.chfs.ky.gov/dph/radioactive.htm
Pay your fees on line at https://prd.chfs.ky.gov/rad_epay/
Be notified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
Dispose of unwanted sources http://www.crcpd.org/StateServices/SCATR.aspx

From: Forsee, Gary [mailto:Gary.Forsee@illinois.gov]

Sent: Friday, March 18, 2016 8:58 AM
To: Pendergrass, Curt (CHFS DPH)
Subject: RE: transportation of TENORM waste

Morning Curt,
Il be back in the office on Tuesday and will coordinate with Kelly and get back to you. I agree with your numbers but would like to discuss changes to the management plan further. While I likely
wouldn't allow radium beyond 270 in a municipal landfill either, it is a benefit to have state authority to dictate disposal location up to 2000. I don't know what that location would be yet, but the
flexibility is valuable. Just my two cents sir.

Sent via the Samsung GALAXY S 5, an AT&T 4G LTE smartphone

-------- Original message -------From: "Pendergrass, Curt (CHFS DPH)" <Curt.Pendergrass@ky.gov >
Date: 3/17/2016 1:46 PM (GMT-06:00)
To: "Horn, Kelly" <Kelly.Horn@illinois.gov >, "Forsee, Gary" <Gary.Forsee@illinois.gov
Subject: FW: transportation of TENORM waste

>

Hello gentlemen,
You mentioned reducing the acceptable levels of Ra-226 in waste for disposal to something less than 2,000 pCi/g the other day as authorized by the CMC Regional Management Plan and after all my
discussions with those in other states and with US DOT regarding the TENORM in oil and gas exploration and production fluids, I believe that I have a lower number. The number is a Ra-226 activity
concentration of 270 pCi/g and a total activity of 0.27 Ci per consignment or load of waste that would classify that shipment as a hazardous materials shipment per 49 CFR 173.436 (see https://
www.gpo.gov/fdsys/pkg/CFR-2011-title49-vol2/xml/CFR-2011-title49-vol2-sec173-436.xml ). I dont know about you but the last thing I ever want to see here in a KY is a tractor trailer load of
TENORM wastes placarded on all 4 sides with a Class 7 Radioactive placard pulling through the gates of a municipal solid waste landfill or even a hazardous waste landfill. I know IL has amended its
regulations to allow for the disposal of up to 200 pCi/g Ra-226 without any exemption and I believe up to 2,000 pCi/g from potable water and waste water treatment facilities with an exemption in
specially permitted landfills. But at 270 pCi/g and greater Ra-226 and 0.27 Ci per load, compliance with the USDOT HMR regulations related to proper shipment name (e.g., low specific activity),
manifesting as hazardous material on shipping papers, proper packaging, and marking and placarding as radioactive including proper driver hazmat endorsements on their commercial drivers
license and current USDOT 49 CFR 172 subpart H hazmat training is all required. These sound like good numbers to me as to where we should draw the line between what can be legally disposed of
in-state and what needs to be transported out west to a licensed LLRW disposal facility.
Just a thought.

9/29/2016

Page 2

Curt Pendergrass PhD

Supervisor, Radioactive Materials Section
Kentucky Radiation Health Branch
275 East Main Street
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
E-mail: curt.pendergrass@ky.gov
Website: http://www.chfs.ky.gov/dph/radioactive.htm
Pay your fees on line at https://prd.chfs.ky.gov/rad_epay/
Be notified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
Dispose of unwanted sources http://www.crcpd.org/StateServices/SCATR.aspx

From: Tom.Lynch@dot.gov [mailto:Tom.Lynch@dot.gov]

Sent: Wednesday, March 16, 2016 10:35 AM
To: Pendergrass, Curt (CHFS DPH)
Subject: RE: transportation of TENORM waste

Here is what PA sent.

(Thanks to Mr. James Williams, HQ)

From: Tom.Lynch@dot.gov [mailto:Tom.Lynch@dot.gov]

Sent: Tuesday, March 15, 2016 2:31 PM
To: Pendergrass, Curt (CHFS DPH)
Cc: randy.dick@dot.gov
Subject: RE: transportation of TENORM waste

1) See the attached interp letter. No free lunch for TENORM.

2) The 10X exemption generally doesnt apply to oil and gas fracturing material as it is no longer a natural material. See interps for 173.401, especially 14-0159
http://www.phmsa.dot.gov/portal/site/PHMSA/menuitem.146906cb99fdf34f8113ae92e90d8789/?
vgnextoid=56acd3c1af814110VgnVCM1000009ed07898RCRD&vgnextchannel=56acd3c1af814110VgnVCM1000009ed07898RCRD&vgnextfmt=reg173.401&baseReg=173&subReg=173.401
HQ responses
T Lynch
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]
Sent: Tuesday, March 15, 2016 11:02 AM
To: Lynch, Tom (PHMSA); Dick, Randy (PHMSA)
Subject: transportation of TENORM waste

Hello gentlemen,
I am up to my neck in technologically enhanced naturally occurring radioactive material or TENORM as they call it and the transportation and disposal of this waste from both inside and outside KY. I
read somewhere that DOT may exempt this waste since it is derived from oil and gas exploration and production, specifically hydraulic fracturing. I was just wondering if either of you had ever
encountered this issue and if so, is the slide below correct? The isotope we are dealing with in TENORM is Ra-226 and we have seen concentrations from 5 pCi/g up to 1500 pCi/g in TENORM waste
transported and disposed of here in KY. None of these loads were placarded.
Thanks as always, Curt

9/29/2016

Page 3

Curt Pendergrass PhD

Supervisor, Radioactive Materials Section
Kentucky Radiation Health Branch
275 East Main Street
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
E-mail: curt.pendergrass@ky.gov
Website: http://www.chfs.ky.gov/dph/radioactive.htm
Pay your fees on line at https://prd.chfs.ky.gov/rad_epay/
Be notified of proposed regulation changes https://secure.kentucky.gov/Regwatch/
Dispose of unwanted sources http://www.crcpd.org/StateServices/SCATR.aspx

9/29/2016