Recent Developments in Regulation of Oil and Gas NORM
Federal and state regulators are considering new rules applicable to naturally occurring radioactive material (NORM) and technologically-enhanced NORM (TENORM) in oil and gas waste. We discuss some of the most recent and expected developments below.
Pennsylvania
PADEP TENORM Study
On January 15, 2015, PADEP released the results of its TENORM study, which focused on quantifying TENORM associated with oil and gas drilling in Pennsylvania. PADEP's study examined the full spectrum of potential exposure pathways, from well sites, to wastewater treatment plants and landfills, to gas distribution and end use. While PADEP's overall observation from the study was that there is "little potential" for radiation exposure from oil and gas development, the agency recommends additional study that could lead to additional regulations or a change in practices. Some of PADEP's recommendations moving forward are set forth below:
- Radium should be added to the Pennsylvania spill protocol to ensure cleanups are adequately characterized.
- There are potential radiological environmental impacts that should be studied at all facilities in Pennsylvania that treat oil and gas wastes to determine if any areas require remediation. If elevated radiological impacts are found, the development of radiological discharge limitations and spill policies should be considered.
- TENORM disposal protocols should be reviewed to ensure the safety of long-term disposal of waste containing TENORM.
- Further study of radiological environmental impacts from the use of brine from the O&G industry for dust suppression and road stabilization should be conducted.
- A landfill's TENORM allocation for 2015 will be calculated on a monthly basis rather than on a monthly allocation;
- PADEP's TENORM tracking sheet includes a new multiplier of "3" for waste code 804, which is primarily sludge from the treatment of oil and gas well wastewater. DEP says this multiplier is necessary because sludge generated from processing oil and natural gas related waste "is not in a state of secular equilibrium and, consequently, its radioactive concentration (pCi/g) is approximately three or more times higher than indicated by the measured exposure rate (µR/hr)"; and
- PADEP has indicated that the goal of the new requirements for landfill operators is to achieve a homogenous mixture of the amount of TENORM accepted along with municipal solid waste throughout the year and maintain the 50:1 ratio in volume.
- All TENORM generators must register with the NDDoH;
- All TENORM must be tracked from production to disposal;
- TENORM waste up to 50 picocuries per gram may be disposed of at approved Oilfield Special Waste Landfills and Large Volume Industrial Waste Landfills;
- Any facility approved by the NDDoH to accept TENORM of up to 50 picocuries per gram will be limited to no more than 25,000 tons/year of TENORM waste; and
- All TENORM waste must be buried a minimum of 10 feet below the top of the closed landfill.