Page 1

From:
To:
Date:
Subject:

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

"Pendergrass, Curt (CHFS DPH)" <Curt.Pendergrass@ky.gov>
3/18/2016 7:57:40 AM
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.

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

9/29/2016

Page 2

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

Page 3

9/29/2016