The state of Montana in June formalized its new rules for landfill disposal of technologically enhanced naturally occurring radioactive materials (TENORM) waste.
The state Department of Environmental Quality filed its notice of adoption with the Montana Secretary of State on June 16. The rules took effect on June 27, following publication.
The final rules make a number of changes to the original framework proposed last August, notably reducing the radionuclide concentration limit from 200 picocuries per gram to 50 picocuries for intake into a TENORM waste management system.
That level matches the limit set in neighboring North Dakota, which generates most of the TENORM sent for disposal in Montana but does not have landfills approved for radioactive waste, the nongovernmental Northern Plains Resource Council said Tuesday.
“A limit at that level would have made eastern Montana a dumping ground for radioactive oil waste from North Dakota and around the region, according to thousands of Montanans who packed hearing rooms and flooded the DEQ with comments,” according to a press release from the organization.
TENORM is naturally occurring radioactive material that has come into contact with the environment or has been concentrated as a result of human activities, such as oil and natural gas production. It encompasses sludge, contaminated equipment, and other forms. The federal government has left regulation of disposal to the states.
There is one landfill in Montana with an operational facility licensed for disposal of TENORM waste, Buckhorn Waste Services’ Oaks Disposal property near the eastern city of Glendive. Two other Republic Services facilities, in Missoula County and Cascade County, have been licensed but have not yet accepted that waste type.
For the past five years, the single facility has on average annually received 58,600 tons of TENORM waste.
Along with reducing the radionuclide limit, the final rule lowers the gate screening exposure level from the 2019 proposal, from 200 to 100 microroentgen per hour, for incoming waste into the system. It includes no directive for determining the “rolling average” for radionuclide concentrations of TENORM waste in storage. A disposal operator would also have to immediately halt waste acceptance and alert the state agency within a day following any breach of the 100 millirem per year dose equivalent limit at a site boundary.
“With the adoption of the rules, the landfills licensed to accept TENORM waste have six months from the adoption date to update their operation and maintenance plans to ensure compliance with the new rules,” DEQ said Wednesday.
