FW TNORM Disposal in KY

Page 1
From:
To:
Date:
Subject:
"Pendergrass, Curt $CHFS DPH$"

"Partridge, George (EEC)" <George.Partridge@ky.gov>
2/2/2016 1:05:35 PM
FW: TNORM disposal in KY
Hello again George,

Based on your e-mail below, am I to presume you will not be making a trip down to West Liberty this week? And if you are correct
that Advanced TENORM Services West Liberty address (151 University Drive, West Liberty, KY 41472) is nothing more than a
residential address, then making a trip down to West Liberty is probably a waste of time anyway. But I have to tell you, I Googled
the address and it clearly shows a large industrial building on the satellite image, very similar to what I would expect to see for a
business engaged in this type of industry. https://www.google.com/maps/place/151+University+Dr,+West+Liberty,+KY+41472/
@37.9006415,-83.2914827,614m/data=!3m2!1e3!4b1!4m2!3m1!1s0x8844671c5d97ce5b:0x7b555a421ea91024
The aerial view does not look like the photo shown on their website (http://advtenorm.com/services/ ) but that photo might be
a picture of one of their clients, and the ATS facility in West Liberty. In fact looking at the photo, this looks more like an oil
storage facility and not a TENORM processing facility. But either way, we are still ready, willing and able to make a trip to West
Liberty on Thursday. And if there is anything I can do raise the level of significance of this issue with your superiors, I will be
more than happy to do. Let us know how you wish to approach this.
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: Partridge, George (EEC)

Sent: Tuesday, February 02, 2016 1:05 PM
To: Pendergrass, Curt (CHFS DPH)
Subject: RE: TNORM disposal in KY
Curt;
I am not really part of a team, but an individual like you who is seeking to make the world a safer and healthier place for all. As I
see the issues of TENORM arise I have been pushing hard, maybe too hard from within my Division to encourage us to address
them, particularly as other states surrounding us are doing so. This all started with our correspondence in past years where we
were concerned that Kentucky would become a dumping ground for TENORM if other states prohibited the waste from being
disposed in their states and we did not regulate TENORM within our state. We are at that point.
What has been pointed out to me is that TENORM is being disposed of in this state. We do not regulate disposal within this
9/29/2016
Page 2
state. The initiatives we are pursuing to restrict out of state waste is only reducing the business of companies like Advanced
TENORM Services.
http://advtenorm.com/
I have heard indirectly that our Division Director is having someone look at the regulations and get familiar with TENORM but I
am not part of that initiative, or at least not at this point.
At this point all I am to do is to talk or meet with individuals at landfills and look at their records or manifests to confirm if
TENORM is being received. No meetings or monitoring at this time, only talking to others as coordinated by our field officer
personnel.
It also has been suggested by both the Solid Waste Branch and the Hazardous Waste Branch that we send courtesy
letters reminding our landfills and Advance TENROM Services they are not to dispose of waste from out of state.
I do not feel we can do anymore at this time.
By the way from what I understand, Advanced TENORM Services is only an address in a residential area in West Liberty and all
work is subcontracted out.
At this point, I will need to wait until I get instruction or direction from my management before I proceed further.
Thanks again for all you are doing!
George
From: Pendergrass, Curt (CHFS DPH)

Sent: Tuesday, February 02, 2016 12:40 PM
To: Partridge, George (EEC)
Cc: McKinley, Matthew W (CHS-PH) (MatthewW.McKinley@ky.gov); Keffer, Christopher (CHFS Rad Hlth) (Christopher.Keffer@ky.gov); Perry, Eric
D (CHFS Rad Hlth) (EricD.Perry@ky.gov); Bhattacharyya, Anjan (Anjan.bhattacharyya@Ky.Gov)
Hello George,
Mr. Chris Keffer from my office has volunteered to assist you at your inspection of Advanced TENORM Services in West Liberty on
Thursday. Chris will be bringing his rad survey meter set as well as a radioisotope identification device. Chris worked in our lab
for several years and he will also be bringing along supplies to take samples and bring them back to the lab for radioanalytical
analysis. Chriss contact information is as follows:
Christopher J. Keffer
Radiation Health Specialist III
Radioactive Materials Section
275 East Main Street, HS1C-A
Frankfort, KY 40601
Ph: 502-564-3700 x4179
Cell: 502 330-7662
FAX: 502-564-1492
E-mail: Christopher.Keffer@ky.gov
A couple of things that my staff have brought to my attention regarding this matter that might interest you and your colleagues in
EEC. One is that we now have the ability to charge full cost reimbursement for our site investigations and secondly, the Central
Midwest Compact of which KY is a member with IL, specifically prohibits the import of NORM from outside KY for disposal. From
everything I have seen and heard, Advanced TENORM Services in West Liberty is guilty of violating this statute and subject to
penalties and should be billed for our site visits. I will let you and Chris work out the logistics of this site visit between
yourselves.
Regards,
Curt
902 KAR 100:012. Fee schedule. http://www.lrc.state.ky.us/kar/902/100/012.htm

Section 5. Site Investigations, Remediation Projects, and Scoping Surveys. The licensee, remediation contractor, or other responsible party
shall provide full cost reimbursement for review and oversight of site investigations, remediation projects, and scoping surveys to include
project evaluation and planning, sample collection, analysis, and independent validation as applicable.
9/29/2016
Page 3
211.863 Control of commerce of low-level radioactive waste in and out of Kentucky

-- Prohibitions -- Exemption. http://www.lrc.ky.gov/statutes/statute.aspx?id=8502
(3) Naturally-occurring radioactive material (NORM) as defined in KRS 211.862(8)
shall be the exclusive regulatory responsibility of the states, except that no person
shall import naturally occurring radioactive material (NORM) from outside the
region for disposal in Kentucky, or dispose of such imported material in Kentucky,
if the imports or disposal are inconsistent with polices of the commission.
211.869 Penalties. http://www.lrc.ky.gov/statutes/statute.aspx?id=8505
(1) Any person who fails to comply with any provision of KRS 211.859 or 211.863, or
with any administrative regulations promulgated pursuant to KRS 211.859 or
211.865, or fails to comply with any order of the cabinet issued pursuant to KRS
211.859 or KRS 211.863 and 211.865 shall be assessed a civil penalty not less than
ten thousand dollars ($10,000) nor more than one hundred thousand dollars
($100,000). Each day of the violation or noncompliance shall constitute a separate
offense.
211.862 Definitions for KRS 211.861 to 211.869. http://www.lrc.ky.gov/statutes/statute.aspx?id=8501
(8) "Naturally-occurring radioactive material" (NORM) means naturally occurring
materials not regulated under the Atomic Energy Act of 1954, as amended, whose
radionuclide concentrations have been increased by or as a result of human
practices. Naturally occurring radioactive material does not include the natural
radioactivity of rocks or soils, or background radiation, but instead refers to
materials whose radioactivity is technologically enhanced by controllable practices
(or by past human practices);

Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492

Sent: Monday, February 01, 2016 3:38 PM
Cc: McKinley, Matthew W (CHS-PH) (MatthewW.McKinley@ky.gov ); Keffer, Christopher (CHFS Rad Hlth) (Christopher.Keffer@ky.gov
Eric D (CHFS Rad Hlth) (EricD.Perry@ky.gov ); Bhattacharyya, Anjan (Anjan.bhattacharyya@Ky.Gov )
); Perry,
George, My staff and I would be happy to accompany you on your visit to Advanced TENORM Services in West Liberty, KY. We
have all the radiation detection equipment that you need. With a reported exposure rate of up to 2 mR/hr on the loads from WV,
this material or the locations where it was processed and packaged for disposal should be fairly easy to detect. We also have
hand-held radioisotope identification devices (RIIDs) that we can bring along to confirm the ID as Ra-226. I would love to take a
few samples for our Environmental Monitoring lab to analyze as well to determine the actual activity concentration. We also
have several spare survey meter sets with general purpose alpha, beta and gamma detectors which you are more than welcome
to borrow. We can give you training on the meter sets as well. I am scheduled to teach a radiological response course to the
Shelbyville Fire Dept. on Thursday and Saturday so I unfortunately will not be able to join you on your trip to West Liberty.
However, I will see if I cant get one of my staff to accompany you or at least meet up with you at Advanced TENORM Services on
Thursday. Looks like this might be the impetus for finally getting us all moving on the TENORM front.
9/29/2016
Page 4
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
From: Partridge, George (EEC)

Hi Curt;
We are actively investigating the notice we received from Jason Frame (WV) that TENORM waste was disposed of here in
Kentucky. I am also investigating three other companies in Ohio that we were informed of regarding TENORM waste disposal in
Kentucky.
I plan to be visiting landfills in eastern KY on Thursday of this week as well as visiting Advanced TENORM Services located in
West Liberty.
Rodney Maze (field office) with our Division and I are working together on this.
It is unfortunate that I did not get the email messages that were sent to me last year or earlier this year in January since my name
was misspelled on the email address. Once I learned of the situation I have been actively pursuing it.
I am not familiar with monitoring for TENORM. Are there detectors (portable, handheld, etc.) that could be made available to
Rodney and I when we conduct the site visits? We plan to inspect the waste solidification basins where the waste would be
treated before landfilling as well as the area where the waste would have been disposed of at the site. We also realize the
landfills may be receiving in-state generated waste as well which is not regulated and has been disposed of in landfills here
before.
Thanks for your help and interest as always,
George
To: McKinley, Matthew W (CHS-PH)
Cc: Partridge, George (EEC)
Subject: FW: TNORM disposal in KY
Hello Matt,
Looks like we have TENORM contaminated hydraulic fracturing waste generated in WV being disposed of here at a subtitle D
solid waste landfill in Irvine, KY. The exposure rates were between 0.5-2.0 mR/hr according to Jason Frame with WV (see
attached). The work was done by Advanced TENORM services in West Liberty, KY (http://advtenorm.com/services/ ). Exactly
where the waste was processed before disposal is a mystery. A quick Google search turned up the following landfill in Irvine run
by Advanced Disposal (http://www.advanceddisposal.com/ky/irvine/blue-ridge-landfill ):
Blue Ridge Landfill - Irvine, KY
2700 Winchester Road
Irvine, KY 40336
Scale House Phone: 606-723-5552
Fax: 606-723-5607
General Manager
Email: Charles.Laws@AdvancedDisposal.com
Special Waste Expert: Billy Bowles
9/29/2016
Page 5
Phone: 606-975-7053
Email: Billy.Bowles@AdvancedDisposal.com
This is an obvious violation of the Central Midwest Compact, our regulations and not to mention EEC regulations governing waste
disposal including KRS 224.46-530, (1)(k). I think that it is time that we sit down with Dr. George Partridge and Danny Anderson in
EEC and hash out this issue. Obviously, what we need is a set of complimentary TENORM regs.
Let me know if you have time here in the next few weeks and I will arrange a meeting with EEC to discuss this issue.
Thanks,
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492
From: Frame, Jason R [mailto:Jason.R.Frame@wv.gov]

Sent: Monday, February 01, 2016 11:30 AM
Cc: Pendergrass, Curt (CHFS DPH)
Number and type of trucks/ volume, etc. of the wastes. 35 vac boxes, unsure of volume but tractor trailer size.
Dates and time period the shipments were sent. Shipments occurred during August 2015.
The form or appearance of the waste when it was shipped (before solidification). What does it look like? Varied but
typically a brown sludge, with a water layer on top.
Level of radioactivity. Exposure rates were between 500 uR/hr and 2 mR/hr
Name of company in Fairmont along with County that contracted with Advanced TENORM Services. Fairmont Brine
Any knowledge where it was sent for solidification in Ashland, KY (?) prior to being sent to the landfill. See attatchment
Jason R. Frame B.S. R.T. (R), Chief Radiological Health Program

Office of Environmental Health Services/Radiation, Toxics and Indoor Air Division
350 Capitol Street, Room 313
Charleston, West Virginia 25301
Office: (304)356-4303
Fax: (304) 558-0524
Email: Jason.R.Frame@WV.gov
From: Partridge, George (EEC) [mailto:George.Partridge@ky.gov]

Sent: Friday, January 29, 2016 3:48 PM
To: Frame, Jason R
Cc: Pendergrass, Curt (CHFS DPH)
9/29/2016
Page 6
Jason;
I will be joining our field inspectors at landfills and waste sites in Eastern Kentucky to investigate our concerns regarding
TENORM disposal.
If you could provide additional information related to our conversation about the shipments by Advanced TENORM Services to
Kentucky that would be helpful.
As much detail as possible will be helpful as we review manifests, etc. at the landfills.
Information such as:
Number and type of trucks/ volume, etc. of the wastes.

Dates and time period the shipments were sent.
The form or appearance of the waste when it was shipped (before solidification). What does it look like?
Level of radioactivity.
Name of company in Fairmont along with County that contracted with Advanced TENORM Services.
Any knowledge where it was sent for solidification in Ashland, KY (?) prior to being sent to the landfill.
I know some of the above items we discussed in our conversation but I was so floored with the news I want to be sure I confirmed
the understanding we have of the situation before we move forward with site visits.
Also our Assistance Director for the DWM is aware of the situation along with our Hazardous Waste Branch.
I appreciate all you and Curt do for our respective states.
Thanks again for all the time you devoted to corresponding and following up with us.
Look forward to hearing from you!
George
George P. Partridge Jr. , P h D , P . E . , Q E P
Department for Environmental Protection
KY Division of Waste Management
200 Fair Oaks Lane; 2nd Floor (SWB)
Frankfort, KY 40601
(502) 564-6716 ext. 4651

Sent: Thursday, January 28, 2016 11:09 AM
Subject: FW: TNORM disposal in KY

Office: (304)356-4303
Fax: (304) 558-0524
9/29/2016
Page 7
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]

Sent: Tuesday, January 19, 2016 4:33 PM
To: Frame, Jason R
Cc: McKinley, Matthew W (CHS-PH); Brock, Stephanie C (CHS-PH)
Hello Mr. Frame,

Thank you for the follow-up e-mail on the purported disposition of WV TENORM wastes here in KY by Advanced TENORM Services
of Liberty, KY (http://advtenorm.com/ ). We will follow up with the companys president, Cory Hoskins, and ascertain the nature
and extent of their activities. We will also reach out to our colleagues in the Energy and Environment Cabinet Division of Waste
Management since they regulate landfills here in KY.
Thanks again for reaching out to me regarding this matter.
Mailstop HS1C-A
Frankfort, KY 40621
Tel: 502-564-3700 ext. 4183
Fax: 502-564-1492

Sent: Tuesday, January 19, 2016 12:51 PM
Cc: Webb, April (EEC); George.Patridge@ky.gov ; Loyselle, Maridely (EEC); Keffer, Christopher (CHFS Rad Hlth)
Mr. Pendergrass,
I apologize for digging up this old email, but I dont believe I received any further response. I believe a company operating as
Advanced TENORM Services is continuing to facilitate the disposal of WV waste in KY landfills. Please advise on this issue.
Thanks
Office: (304)356-4303
Fax: (304) 558-0524
9/29/2016
Page 8
From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]

Sent: Tuesday, July 21, 2015 9:45 PM
To: Frame, Jason R
Cc: Webb, April (EEC); George.Patridge@ky.gov ; Loyselle, Maridely (EEC); Keffer, Christopher (CHFS Rad Hlth)
Hello Mr. Frame,
While KY does not currently have any regulations dealing with the control and disposal of NORM/TENORM waste generated in the oil and gas
industry from hydraulic fracturing, we do have statutes on the books establishing the Central Midwest Interstate Low Level Radioactive Waste
Compact of which KY is a member with IL. The compact strictly forbids the disposal of any and all radioactive materials generated outside of IL and
KY anywhere in our states. This obviously includes fracking wastes generated in West Virginia. I am Cc'ing my colleagues in the Division of Solid
Waste on this e-mail since disposal of wastes containing hazardous materials including NORM/TENORM in landfills here in KY is their regulatory
purview. Ohio and Pennsylvannia both have regulations addressing the disposal of NORM/TENORM contaminated waste so Advanced TENORM
Services might want to check with the authorities in those states to see what is required.
Regards,
Curt Pendergrass, Ph.D.
Radiation Health Branch
Mailstop HS1C-A
Frankfort, KY 40621
Telephone: 502-564-3700 ext. 4183
Fax: 502-564-1492
This e-mail and any files are protected by the Electronic Communications Privacy
Act, 18 U.S.C. Sections 2510-2521. Its intended to be delivered only to the named
addressee(s) and its content is confidential and privileged. If you are not the
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legally binding agreement between the parties with respect to the subject matter
herein.
From: Keffer, Christopher (CHFS Rad Hlth)

Sent: Tuesday, July 21, 2015 1:19 PM
Cc: jason.r.frame@wv.gov
Subject: TNORM disposal in KY
Dr. Pendergrass,
I was contacted this morning by Mr. Jason R. Frame; a member of the West Virginia radiation program. He was inquiring
about a West Virginia companys intent to dispose of TNORM from a fracking operation here in Kentucky by using the services
provided by Advanced TENORM Services L.L.C. ( https://app.sos.ky.gov/ftshow/(S(30yqolkfdaebcz4hporeemp4))/default.aspx?
path=ftsearch&id=0904260&ct=06&cs=99999 ). From Mr. Frames understanding, Advanced TENORM Services L.L.C. (located in
West Liberty, KY) will be solidifying the facking sludge in Ashland, KY and then sending it to a Class D landfill in Irvine, KY. Mr.
Fames question was in regards to whether or not we would allow the disposal of TMORN from other states in the state of
Kentucky or send it back to the materials origins. I informed Mr. Frame that our office does not currently have regulation
regarding TNORM in place and that each landfill may have their own limits on what they except or turn away in regards to
radiation levels.
If you have any input on this matter please contact Mr. Frame at the e-mail address provided (jason.r.frame@wv.gov ).
Christopher J. Keffer
9/29/2016
Page 9
Radiation Health Specialist III
Radioactive Materials Section
275 East Main Street, HS1C-A
Frankfort, KY 40601
Ph: 502-564-3700 x4179
Cell: 502 330-7662
FAX: 502-564-1492
NOTICE OF CONFIDENTIALITY: This e-mail, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may
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review, use, disclosure, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please contact the sender
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9/29/2016

FW TNORM Disposal in KY

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Page 1

"Pendergrass, Curt \(CHFS DPH\)"

Hello again George,

Curt Pendergrass PhD

From: Partridge, George (EEC)

From: Pendergrass, Curt (CHFS DPH)

902 KAR 100:012. Fee schedule. http://www.lrc.state.ky.us/kar/902/100/012.htm

211.863 Control of commerce of low-level radioactive waste in and out of Kentucky

Curt Pendergrass PhD

From: Pendergrass, Curt (CHFS DPH)

From: Partridge, George (EEC)

From: Frame, Jason R [mailto:Jason.R.Frame@wv.gov]

Jason R. Frame B.S. R.T. (R), Chief Radiological Health Program

From: Partridge, George (EEC) [mailto:George.Partridge@ky.gov]

Number and type of trucks/ volume, etc. of the wastes.

From: Frame, Jason R [mailto:Jason.R.Frame@wv.gov]

Jason R. Frame B.S. R.T. (R), Chief Radiological Health Program

From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]

Hello Mr. Frame,

From: Frame, Jason R [mailto:Jason.R.Frame@wv.gov]

From: Pendergrass, Curt (CHFS DPH) [mailto:Curt.Pendergrass@ky.gov]

From: Keffer, Christopher (CHFS Rad Hlth)

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