NORM And TENORM: A New Legal Normal?

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2 NORM And TENORM: A New Legal Normal?

3 Definitions! NORM Naturally Occurring Radioactive Materials! Radioactive materials that are found in nature. They have been part of the natural environment since the earth was formed.! TENORM Technologically Enhanced NORM! Naturally Occurring Radioactive Materials where:! concentration of NORM has been increased by human activity, or! human activity of relocating or processing NORM has increased its radiation exposure potential to humans.

4 PRIMORDIAL RADIONUCLIDES! Primordial (terrestrial) radionuclides and their progeny are naturally present in rocks, soil, water, and air. Among them are:! U-238 (13 radioactive progeny)! U-235 (11 radioactive progeny)! Th-232 (10 radioactive progeny)! K - 40 (no radioactive progeny)

5 NORM DISTRIBUTION IN THE EARTH S CRUST! Geological and hydrogeological processes have caused the accumulation, leaching, migration, and redeposition of radionuclides in the Earth s crust.! As a result, the spatial distribution of radionuclides in the crust and crustal fluids is very heterogeneous.! Even within the Marcellus Shale, the distribution is heterogeneous.

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9 U-238 DECAY SERIES

10 TH-232 DECAY SERIES

11 AVERAGE NORM CONCENTRATIONS IN THE EARTH S CRUST Nuclide Average Activity/Concentration 238 U and 234 U 0.1 to 32 pci/g in common soil and rock types; % of all uranium 232 Th 0.02 to 16.7 pci/g in common soil and rock types; crustal average is approximately 2.4 pci/g 226 Ra and 228 Ra 0.1 to 16.0 pci/g in soil and rock 40 K 1 to 33 pci/g

12 ELEVATED NORM CONCENTRATION STRATA! Coal seams! Phosphate-rich marine deposits! Some granites! Some sandstones! Monazite (a rare earth phosphate mineral)! Marine black shales

13 Impacted Industries And Processes! Metals Mining! Rare Earth Extraction! Phosphates/Fertilizer Production! Oil and Gas Production! Geothermal Production! Coal Fired Energy Production! Water Treatment Residuals

14 Marine Black Shales! Radionuclides in ocean water absorbed by plankton and concentrated in organic on the ocean floor.! This accumulation of organic matter leads to an organicrich black shale, with higher than average concentration of uranium.! K-40 and Th-232 preferentially adhere to clays.! Because marine black shales contain more organic matter and clay, they are generally more radioactive than other shales or sedimentary rocks.! Natural Gamma logging detects gamma radiation in rock and is frequently used to identify productive gas and oil zones during drilling.

15 Radionuclides And Groundwater! Uranium and thorium are not very soluble in normal groundwater.! Radium reacts like calcium and is more soluble.! Radium migration in groundwater may result in elevated levels of radon, polonium, and bismuth in groundwater.! Ra-226 and Ra-228 usually have similar activity.! In Marcellus Shale, however, Ra-226 activities are greater.! Radium activities increase with increasing salinity and Total Dissolved Solids.

16 Sources of Radionuclides in Oil and Gas Production! Drill cuttings and drilling mud! Produced water! HF flowback water! Filtration wastes and sediment from processing of production water and flowback water! Sludge and scale in drilling equipment and pipes! Scale is precipitated minerals on pipe and tank surfaces

17 Location of Oilfield NORM EXPLANATION Green = Oil production Orange = Gas production Yellow = Mixed production

18 From NORM to TENORM! Some practices can increase the level of radiation to create TENORM! Waterflood recirculating brine for enhanced recovery! Hydraulic Fracturing increased fluid making contact with NORM geology! Reuse of frac water has a similar effect to waterfloods! As these practices become more common, TENORM becomes more common

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20 The Martha Oil Field - Kentucky! The Martha Oil Field was discovered in 1919! A large waterflood project was begun in 1955 to extract more oil.! The producing formation contained high levels of Ra-226.! The water and brine injections into the formation concentrated the Ra-226 and brought it to the surface.! The elevated radiation were discovered in 1988 when pipes hauled from the field tripped a scrap yard s radiation detector.

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22 HF: The New TENORM Focus

23 Sources/Drilling! Cuttings! Vertical Typically low (natural) TENORM concentrations, some moisture content, varying grain size! Horizontal Typically low (natural) TENORM concentrations, sometimes measurably higher than vertical, some moisture content, varying grain size! Mud! Typically low (natural) TENORM concentrations, initially saturated, varying grain size

24 Sources/HF - Flowback Water! Produced Water! ~90% Dissolved solids - relatively high TENORM concentrations; process mobilizes Ba & chemical analogs (Ra)! ~10% suspended solids relatively low TENORM concentrations, similar to solids in cuttings and mud! Water Processing! Sludge Solids removed from flowback water! Physical Filtration suspended solids moderate TENORM concentrations! Chemical Processing Dissolved & suspended solids! Relatively high TENORM concentrations! Rn off-gassing

25 Sources/Flow Back Water! Scale on impacted pipes and equipment! Contains relatively high concentrations of radium! Typically innocuous during normal operation! Scale removal produces solid waste and airborne radioparticulates

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27 NORM/TENORM Regulation: Federal! Nuclear Regulatory Commission! Atomic Energy Act 42 U.S.C. 2011, et seq! Environmental Protection Agency! Safe Drinking Water Act - 42 U.S.C. 300f! Clean Water Act - 33 U.S.C. 1251, et seq! Clean Air Act - 42 U.S.C. 701, et seq! Resource Recovery and Conservation Act (RCRA) 42 U.S.C. 9601, et seq -! Department of Transportation! Hazmat Transportation! Department of Labor! OSHA Standards

28 NORM/TENORM Regulation: States! Environmental Regulation! Oil and Gas Regulation! Solid Waste Regulation! Health Regulation! Worker Safety

29 Federal Regulation/NRC! NORM! Not specifically regulated by the Atomic Energy Act of 1954! Included in NRC definition of background radiation (10 C.F.R ):! [R]adiation from cosmic sources; naturally occurring radioactive material, including radon (except as a decay product of source or special nuclear material); and global fallout as it exists in the environment from the testing of nuclear explosive devices or from past nuclear accidents such as Chernobyl that contribute to background radiation and are not under the control of the licensee. "Background radiation" does not include radiation from source, byproduct, or special nuclear materials regulated by the Commission.

30 Federal Regulation/NRC! TENORM! Not specifically regulated under the Atomic Energy Act of 1954! Under the Atomic Energy Act, the NRC s authority over radioactive materials is limited to source, special nuclear, and byproduct materials, or those materials that are generally associated with the nuclear fuel cycle.! NRC regulates TENORM as Source Material (i.e. unenriched uranium or thorium) if it exceeds the unimportant quantities of source material limit which is (>0.05%wt U nat, Th nat ).

31 NRC/Source Material! NRC regulates TENORM as Source Material (i.e. unenriched uranium or thorium) if it exceeds the unimportant quantities of source material limit which is (>0.05%wt U nat, Th nat ).! Source Material 10 C.F.R ! (1) Uranium or thorium or any combination of uranium and thorium in any physical or chemical form; or (2) ores that contain, by wright, one-twentieth of 1 percent (0.05 percent), or more, of uranium, thorium, or any combination of uranium and thorium. Source material does not include special nuclear material.

32 NRC/Special Nuclear Material! 10 C.F.R defines Special Nuclear Material! (1) Plutonium, uranium-233m uranium enriched in the isotope 233 or in the isotope 235, and any other material that the Commission, pursuant to the provisions of 51 of the Act, determines to be special nuclear material, but does not include source material; or (2) any material artificially enriched by any of the foregoing but does not include source material.

33 NRC/By-Product Material! 10 C.F.R defines By-product Material (1) Any radioactive material (except special nuclear material) yielded in, or made radioactive by, exposure to the radiation incident to the process of producing or using special nuclear material; (2) The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute "byproduct material" within this definition; (3)(i) Any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; or (ii) Any material that (A) Has been made radioactive by use of a particle accelerator; and (B) Is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and (4) Any discrete source of naturally occurring radioactive material, other than source material, that (i) The Commission, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate Federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and (ii) Before, on, or after August 8, 2005, is extracted or converted after extraction for use in a commercial, medical, or research activity.

34 Federal Regulation/ NRC! NRC regulates naturally-occurring radionuclide concentrations in water effluent from operating facilities (nuclear power plants) (radium limit is 60 pci/l)! NRC has entered into agreements with states to allow the states to permit and regulate private disposal facilities for low level radioactive waste.! There are only 4 such private facilities in the U.S. in Washington, Utah, South Carolina and Texas.! Department of Energy operates dozens of such sites.

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36 Federal Regulation/EPA! EPA implements the Safe Drinking Water Act! The Radionuclides rule established maximum contamination levels for naturally-occurring radionuclide concentrations in drinking water! Combined Radium-226/228 limit is 5 pci/l! Applies to community drinking water systems! EPA oversees the Underground Injection Control Program! Injection wells for hazardous materials and treated municipal waste water (Class I)! Injection wells for oil and gas produced water (Class II)! States may have primacy to permit and regulate Class II wells

37 Class I wells are used to inject hazardous and nonhazardous waste into formations below underground sources of drinking water, typically at depths thousands of feet below the surface.

38 Class II wells are used to inject fluids associated with oil and gas production. Injection of fluids is typically thousands of feet below the surface into rock formations isolated from underground sources of drinking water.

39 EPA/RCRA! EPA implements the Resource Conservation and Recovery Act (RCRA) focused on the management and disposal of Solid Waste and Hazardous Waste.! 40 C.F.R (a)(1) A solid waste is any discarded material that is not excluded under 261.4(a) or that is not excluded by a variance granted under and or that is not excluded by a non-waste determination under and ! Those variances deal primarily with recycling and reclamation of waste materials.

40 EPA/RCRA! Nonhazardous solid waste, such as household garbage and nonhazardous industrial solid waste is covered by Subpart D of RCRA and can generally be disposed of in a community, state-regulated landfill (a Reg D landfill).! Hazardous Waste is a subset of Solid Waste. It is defined at 40 C.F.R , and is covered by Subpart C of RCRA.

41 EPA/RCRA! RCRA defines hazardous waste as a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:! Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or! Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

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43 EPA/RCRA E&P Exemption! 40 C.F.R (b) Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes: (5) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.

44 RCRA E&P Exemption! Includes (generally)! Produced water! Drilling, completion, treatment and stimulation fluids! Drill Cuttings! Pit sludges and tank bottom contents! Sweetening wastes! Pipe scale! Hydrocarbon solids and hydrates! Liquid hydrocarbons removed from the production stream, but not from oil refining

45 RCRA E&P Exemption! Does Not Include (generally)! Unused fracturing fluids or acids! Painting wastes! Waste solvents! Service company wastes! Used lubricating oils! Waste compressor oil and filters! Used Hydraulic fluids

46 RCRA E&P Exemption! 1993 Clarification! To be exempt, a waste must be associated with operations to locate or remove oil or gas from the ground or to remove impurities form such substances and it must be intrinsic to and uniquely associated with oil and gas exploration, development or production operations and must not be generated by transportation or manufacturing operations.! Transportation for off-site disposal does not negate the exemption.

47 EPA/RCRA! Generally, exempt wastes include those that have been brought to the surface during oil and gas exploration and production operations, and other wastes that have come into contact with the oil and gas production stream (e.g., materials used to process natural gas).! Exempt does NOT mean unregulated.

48 EPA/CERCLA! The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) regulates the reporting and clean up of hazardous releases into the environment.! It also establishes the Superfund to pay for the clean up of certain existing sites.! Section 101(14) of CERCLA lists the hazardous substances that are covered under the statute, including benzene, toluene, xylene, and ethylbenzene.! However, that section excludes crude oil and petroleum.

49 Department of Transporation! Hazardous Material - a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as such.! Includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (49 CFR ), and materials that meet the defining criteria for hazard classes and divisions in part 173 of this subchapter.

50 ! USDOT regulates TENORM as Radioactive Material as a Class 7 Hazmat if concentrations exceed their published limits.! Ra226: 270 pci/g! Ra228: 270 pci/g! Th228: 27 pci/g! Pb210: 270 pci/g

51 STATE REGULATION: A MIXED & CONFUSING BAG! Most producing states have regulations relating to the disposal of solid waste associated with E&P waste.! 2014 EPA memo identifies and summarizes those statutes! Most of those regulations do not address NORM, TENORM or the disposal of radionuclides associated with E&P activities.

52 Conference of Radiation Control Program Directors (CRCPD)! A nonprofit non-governmental professional organization dedicated to radiation protection.! Published Suggested State Regulations for Control of Radiation (SSRCR), part N of which is entitled, Regulation and Licensing of Technologically Enhanced Naturally Occurring Radioactive Materials (TENORM).! The CRCPD has also prepared an Implementation Guidance for enforcing and complying with the part N regulations!

53 CRCPD! Few if any states have adopted it wholesale, but some have used it as guidance for their own regulations.! Mississippi! Louisiana! Ohio! Virginia! The CRCPD E-42 Task Force Rreport provides a good summary of the regulatory levels for those states that have specific TENORM regulation.! %20TENORM.pdf

54 ASTSWMO! The Association of State and Territorial Solid Waste Management Officials (ASTSWMO) compiled state regulations directly or indirectly affecting the handling and disposal of NORM and/or TENORM: State Regulations and Policies for Control of Naturally- Occurring and Accelerator Produced Radioactive Materials (NARM) and Technologically Enhanced Naturally-Occurring Radioactive Materials (TENORM)

55 State Regulation/CRCPD Count! 9 states have regulations that specifically address TENORM! Arkansas, Louisiana, Mississippi, New Mexico, North Dakota, Ohio, Texas, West Virginia, New Jersey! Not all address all aspects of oil and gas production and waste disposal! 13 other states have standards that could impact the handling of TENORM! Primarily establish levels for disposal of any radioactive material! Not specific to TENORM or oil and gas wastes

56 State Regulation/ASTSWMO Count! The Focus Group asked States to provide regulatory information for licensing of NARM, NORM or TENORM.! 38 States responded! 27 States have regulations that govern the licensing of NARM and/or TENORM.! Of those 27 States, six States responded that they do not have regulations that specifically pertain to TENORM, but these materials are licensed under the State s authority to regulate radioactive material.! Few states address NORM or TENORM specifically in the context of oil and gas development

57 Ohio! Ohio requires HF water, flow back water, produced water, or other liquid wastes defined as brine to be sent to a permitted underground injection control well.! TENORM is defined as:! naturally occurring radioactive material whose radionuclide concentrations are increased by or as a result of past or present human practices. TENORM does not include drill cuttings, or natural background radiation.

58 Ohio! The threshold regulatory limit is 5 pic/gm above background! Oil and gas drilling-related waste, other than brine, that could be TENORM must be tested before leaving the well pad to determine the concentration of radium-226 and radium-228.! Wastes containing TENORM cannot be disposed of at an oil and gas drill site.

59 Ohio! Solid waste landfills can only accept TENORM wastes for disposal at concentrations less than 5 pci/gm above natural background.! Dilution of TENORM over 5 pci/gm above natural background prior to disposal requires authorization from the Ohio Department of Health.

60 West Virginia! State Code of Regulations CSR Radiation Safety Requirements for Technologically Enhanced Radioactive Materials (TENORM), Rule! Section 16.4.a exempts radium 226 and radium 228 if the materials contain, or are contaminated at, concentrations one hundred eighty five (185) bequerel per kilogram, which is five [5] pci/gm).

61 Pennsylvania! Study completed! Document-48337/ pdf! Draft rule released! TechnicalAdvisoryBoard/2015/September%202/Draft-Final %20Chapter%2078%20and%2078a%20-%20Annex%20A.pdf

62 WHAT IS THE NEW NORMAL?! MORE scrutiny from regulators and the public! MORE regulation specific to TENORM! MORE regulation specific to oil and gas wastes! Possible federal regulation

63 NORM And TENORM: A New Legal Normal? Karen J. Greenwell Wyatt, Tarrant & Combs, LLP 250 W. Main St. Lexington, KY kgreenwell@wyattfirm.com