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From:
To:
Date:
Subject:

"Motley, Greg \(KYOAG\)"


"Pendergrass, Curt (CHFS DPH)" <Curt.Pendergrass@ky.gov>
3/16/2016 9:50:52 AM
RE: transportation of TENORM waste

Curt,
This is very interesting and helpful.
Thank you for all of your assistance.
Greg
From: Pendergrass, Curt (CHFS DPH)
Sent: Wednesday, March 16, 2016 10:45 AM
To: Motley, Greg (KYOAG); Easter, Matthew P (KYOAG)
Subject: FW: transportation of TENORM waste

Hello gentlemen,
I have been swapping e-mails with my buddies in US DOT regarding this TENORM issue and attached is what they helped another state involved in the fracking issue develop for their oil and gas producers. Hauling this TENORM
laden fracking wastes does require compliance with all US DOT regulations and typically that entails placarding the trucks, preparing shipping papers, special driver US DOT hazmat training and a hazmat endorsement on the
drivers CDL. From what I have been able to uncover, none of this happened with the FBP wastes. If 270 pCi/g Ra-226 and a total activity of 0.27 Ci are the threshold numbers for making a shipment a Class 7 radioactive
materials shipment in accordance with US DOT regulations, the FBP shipments at 1450 pCi/g and 25ft3 yards were way over that limit. And now that we know Mr. Brian Kalt, President of Fairmont Brine actually marked each of
those 36-46 waste boxes with a Caution Radioactive Materials sign, I dont think anyone can claim ignorance on the matter.
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: 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.

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 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.

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

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

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 4

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

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