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From:
To:
Date:
Subject:

Tom.Lynch@dot.gov
"Pendergrass, Curt (CHFS DPH)" <Curt.Pendergrass@ky.gov>
3/16/2016 7:28:50 AM
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

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

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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