{"operation":"document","citation":"14-0159","title":"Anadarko Petroleum Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-01-20","effective_on":null,"summary":"14-0159 response to Anadarko Petroleum Corporation concerning 173.401.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0159.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0159.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0159","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140159.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nWashington, D.C. 20590\nAdministration\nJAN 2 0 2015\nMr. Rick Hall, CEP\nSr. EHS Representative\nAnadarko Petroleum Corporation\n33 West Third St., Suite 300\nWilliamsport, PA 17701\nReference No. 14-0159\nDear Mr. Hall:\nThis is in response to your August 21, 2014 email and subsequent conversation regarding\nthe applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\nthe transportation of technologically enhanced naturally occurring radioactive materials\n(TENORM). In your email you indicate that drilling and extraction processes by the oil and\ngas exploration and development industry may generate TENORM. Specifically, you ask if\nsection in a final rule issued under Docket No. PHMSA-2009-0063 (HM-250; 79 FR\nTENORM qualifies for exception under § 173.401(b)(4) in light of changes made to the\n40589).\nThe answer to your question is no. You noted that PHMSA has issued an interpretation\n(Ref. No. 13-0157) that states that we do not consider the referenced wastes to be natural\nsince they were subject to industrial processing. You further noted that the HM-250\nrulemaking amended § 173.401(b)(4) to include an exception for \"natural material and ores\ncontaining naturally occurring radionuclides which...have only been processed for purposes\nother than for extraction of the radionuclides.\"\nThe modification of § 173.401(b)(4) in HM-250 does not change the answer given in\ninterpretation 13-0157. The term \"natural material\" in § 173.401(b)(4) means material\nexisting in a form as it would otherwise in nature, not in a form manipulated by human\napplication. The fracking water that may contain the TENORM is not a natural material nor\nis the radionuclide-containing solidified sludge from the fracking water collection pit or the\nradionuclide-containing filter cake from treatment and recycling of the fracking water.\nThus, the exception in § 173.401(b)(4) does not apply and the waste material is subject to\n\n<<<PAGE 2>>>\n\nthe HMR if the activity concentration of the radionuclides in the waste material and the total\nactivity in the consignment exceed the values specified in § 173.436 or values derived\naccording to the instructions in § 173.433 of the HMR. See the definition of radioactive\nmaterial in § 173.403.\nI hope this satisfies your request.\nSincerely,\nShane C. Kelley\nActing International\nStandards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nWelco\n6173 0i\nDodd, Alice (PHMSA)\n10-0159\nFrom:\nSent:\nCiccarone, Michael CTR (PHMSA)\nTo:\nThursday, August 21, 2014 2:04 PM\nSubject:\nHazmat Interps\nFW: Letter of Interpretation\nShante and Alice,\nPlease submit this for a formal letter of interpretation. Mr. Hall spoke to Adam Lucas in the HMIC.\nThanks,\nMike\nFrom: Hall, Rick [mailto:Rick.Hall@anadarko.com]\nTo: INFOCNTR (PHMSA)\nSent: Monday, August 18, 2014 4:05 PM\nSubject: Letter of Interpretation\nDear Sir or Madam-\nAnadarko E&P Onshore LLC (Anadarko) has reviewed recently amended requirements in the Hazardous Materials\nRegulations (HM) governing the transportation of Class 7 (radioactive) materials. Specifically, Section 173.401(b)(4)\nwas modified and now states: \"Natural material and ores containing naturally occurring radionuclides which are either in\ntheir natural state, or which have only been processed for purposes other than for extraction of the radionuclides, and\nwhich are not intended to be processed for the use of these radionuclides, provided the activity concentration of the\ndetermined in accordance with the requirements of § 173.433.\"\nmaterial does not exceed 10 times the exempt material activity concentration values specified in § 173.436, or\nAnadarko's question is in reference to TENORM that may be present in certain flowback and produced water wastes\nassociated with unconventional well drilling. It has been previously determined that PHMSA does not consider the\nreferenced wastes to be natural since they were subject to industrial processing. However, the PHMSA interpretation\noccurred prior to the revision of Section 173.401(b)(4). As stated above, the modified rule includes the following\nadditional language: \"or which have only been processed for purposes other than for extraction of the\nradionuclides.\" Since radionuclides are not being extracted from these flowback and produced water wastes, if the\nactivity concentration of these flowback and produced water wastes do not exceed 10 times the exempt material\nactivity concentration values specified in § 173.436 or determined in accordance with Section 173.433, does subpart I\napply to these flowback and produced water wastes?\nThank you for your time and attention to this matter.\nRick Hall, CEP\nSr. EHS Representative\n33 West Third Street, Suite 300\nAnadarko Petroleum Corporation\nOffice: (570) 244-4056\nWilliamsport, PA 17701\nrick.hall@anadarko.com\nCell: (570) 932-1088","truncated":false,"body_characters":4935}