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From:
To:
Date:
Subject:

"Bender, John"
"Pendergrass, Curt (CHFS DPH)" <Curt.Pendergrass@ky.gov>
4/13/2016 12:35:29 PM
RE: transportation of TENORM waste

Thanks for the background and related information. Look forward to our future conversation.

Rick Bender
Executive Advisor
Department of Energy Development and Independence
12th Floor, Capital Plaza tower
500 Mero Street
Frankfort, KY 40601
502.564.7192 (O)
502.234.4016 (C)
John.Bender@ky.gov
From: Pendergrass, Curt (CHFS DPH)
Sent: Wednesday, April 13, 2016 1:26 PM
To: Bender, John
Subject: FW: transportation of TENORM waste

Hello Rick,
Just in case you were wondering, the reason I contacted Dave Allard back in March was to see if he minded if we Kentuckified his attached PA TENORM shipping informational notice to use here in KY. This whole issue drives
home to me for the need to lower the acceptable activity concentration for Ra-226 to something less than 270 pCi/g, say around 200 pCi/g. If a truck is carrying a load of oil and gas exploration and production TENORM wastes
(special waste per EPA regulation) and the Ra-226 concentration equals or exceeds 270 pCi/g and there is more than 1,000 g (2.2 lbs.) total in the shipment (>0.27 Ci total Ra-226), that truck has to be placarded on both
sides, front and back with a US DOT Class 7 radioactive placard and all DOT requirements per the hazardous materials regulations in 49 CFR must be met. I think we can all agree that such a load should never be allowed
through the gates of any municipal solid waste landfill here in KY.
Just to put 270 pCi/g Ra-226 in reference, the TENORM waste from WV that were dumped in Estill county contained almost 1,500 pCi/g of Ra-226.
Regards,
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: Allard, David [mailto:djallard@pa.gov]

Sent: Friday, April 01, 2016 7:59 PM
To: Pendergrass, Curt (CHFS DPH)
Cc: McKinley, Matthew W (CHS-PH)
Subject: RE: transportation of TENORM waste

Hi Dr. Pendergrass.
I saw your email back a couple weeks ago so sorry for no responding Im up to my eyeballs in Ra-226 issues [out west and near Philly]. Including getting a rev of our TENORM Study Rpt posted.
I did see the press on TENORM waste that ended-up in KY.
We dont copyright our FSs so, feel free to reference it.
My [next] week is a bit crazy but Monday is pretty open suggest you, Matt and I have a quick call.
I would like to hear where you folks are with that waste and LF, and, how we might coordinate with other border states.
Regards,
Dave
David J. Allard, CHP | Director, Bureau of Radiation Protection
PA Dept. of Environmental Protection
PO Box 8469 | Harrisburg, PA 17105-8469
Phone: 717.787.2480 | Fax: 717.783.8965
Email: djallard@pa.gov
www.dep.pa.gov
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From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]

Sent: Wednesday, March 16, 2016 4:50 PM
To: Allard, David <djallard@pa.gov >
Subject: FW: transportation of TENORM waste
Hello Mr. Allard,
Tom Lynch with USDOT shared the attached letter developed by your office to alert those in the oil and gas industry in PA that the TENORM containing materials are shipping may meet the definition of hazardous materials per
USDOT regulations. We are now facing a similar problem here in KY and unfortunately, the failure to properly ship TENORM containing fracking wastes from WV is part of the issue. That and disposing of the material at a nonpermitted KY landfill. See http://www.wkyt.com/content/news/State-confirms-low-level-nuclear-waste-was-dumped-at-Estill-County-landfill-370159161.html Mr. Lynch also sent along a USDOT interpretation of their 10X
exemption which the agency ruled does generally doesnt apply to oil and gas fracturing material as it is no longer a natural material which is what started this whole conversation below. See attached interpretation for 173.401,
especially 14-0159.
The reason I am contacting you is to ask your permission to basically Kentuckify the attached PA information notice and to redistribute the flyer with our contact information. We will of course be giving credit to your agency
so the reader will know that your office created the documented. Hopefully you and your office will consider this blatant imitation as the sincerest form of flattery and not be offended. I took the liberty of modifying your
attached information notice and included a statement at the bottom giving credit your agency. Please let me know if you have any issues with us distributing this to companies involved in the oil and gas industry here in KY.
Thanks,
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

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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: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]
Sent: Wednesday, March 16, 2016 8:10 AM
To: Lynch, Tom (PHMSA)
Cc: Dick, Randy (PHMSA)
Subject: RE: transportation of TENORM waste

Tom you hit the nail on the head. Companies like Fairmont Brine in Fairmont WV concentrate TENORM from fracking operations removing the TENORM in the first step and generating useful products like Ca/Mg road salt and
clean water in the process. What they are doing is great for the environment and makes useful products out of what would otherwise be wastes. However, concentrating low levels of TENORM in fracking fluids to produce
extremely high levels of TENORM in process sludge that is later transported to specially licensed landfills in state or more likely, out west is probably happening in violation of DOT regulations. Thankfully none of these fracking
waste processing companies are located here in KY. Unfortunately, we had a unscrupulous waste broker who brought the WV concentrated TENORM to a KY landfill which is how we got involved in this issue. I strongly believe
that companies such as Waste Management who paid for the analysis below quoted the company a fair price for proper disposal out west at a licensed landfill for around $400 per ton but the company chose to go with a KY
waste broker who undercut that price by about half but who disposed of the waste improperly. That is the mess we find ourselves dealing with today. http://www.kentucky.com/news/state/article62496922.html WV is not
an agreement state so the NRC is in charge and the last time I checked, the NRC did not regulate NORM/TENORM. I would love to see a copy of that notice that Dave Allard in PA put together for these fracking fluid hauling and
processing companies.
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 8:29 AM
To: Pendergrass, Curt (CHFS DPH)
Cc: randy.dick@dot.gov
Subject: RE: transportation of TENORM waste
I would hope each agreement State would address this issue using their own authority to do so. If they wish PHMSAs assistance all they need to do is ask. I just met the people in PA last year where I asked the question about NORM and TENORM. They
gave me no indication it was an issue and gave me a report they did on the subject that it was not an issue. I asked Jim Williams at HQ about this and he did mention that companies in PA, rather than transporting multiple trucks, found it was cheaper to
concentrate it, then just transport way less trucks. Problem is, concentrating it causes a lot of it to go over the exemption values. A Mr. Dave Allard made up a notice to give all the shippers addressing this issue with companies working the Marcellus Shale
region fracking.
TL
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]
Sent: Tuesday, March 15, 2016 3:35 PM
To: Lynch, Tom (PHMSA)
Cc: Dick, Randy (PHMSA)
Subject: RE: transportation of TENORM waste

Tom, From what I can gather, this shipping of TENORM laden fracking waste exceeding the Ra-226 limits set forth in 49 CFR 173.436 is a huge problem. We are talking about tanker trucks full of fracking wastes heading to
recycling facilities such as Fairmont Brine Processing in Fairmont WV where our waste came from. And with a limit of 270 pCi/g Ra-226 and waste coming out of the place measuring on the order of 1500 pCi/g Ra-226 in
25ft3 waste boxes, the exempt consignment limits are also being exceeded making these Class 7 shipments with no placards, no shipping papers, no hazmat endorsement on the drivers CDL and probably no current hazmat
training. Definitely seems like something DOT should be looking into in OH, PA and WV where fracking is a big business.
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: Tuesday, March 15, 2016 4:21 PM
To: Pendergrass, Curt (CHFS DPH)
Cc: randy.dick@dot.gov
Subject: RE: transportation of TENORM waste

NP
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]
Sent: Tuesday, March 15, 2016 3:00 PM
To: Lynch, Tom (PHMSA)
Cc: Dick, Randy (PHMSA)
Subject: RE: transportation of TENORM waste

Thanks Tom. That is exactly what we needed to know.

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

Page 3

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

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