KRS 211.893: Legislative findings relating to naturally occurring radioactive

material (NORM) -- Required revision of administrative regulations to

ensure proper management of oil- and gas-related wastes containing

NORM -- Report to LRC.

(1) The General Assembly finds that:

(a) "Naturally occurring radioactive material" or "NORM" is a term defined in

KRS 211.862;

(b) Certain oil and gas production and storage activities result in the

concentration or enhancement of the natural radioactivity of rocks or soils

into NORM;

(c) The Cabinet for Health and Family Services, Radiation Health Branch, is

charged by KRS 211.842 with responsibility for radiation control in the

Commonwealth;

(d) The Division of Oil and Gas, the Division of Water, and the Division of

Waste Management in the Energy and Environment Cabinet issue

permits addressing oil and gas exploration and production operations and

management of associated wastes;

(e) The Energy and Environment Cabinet, Division of Oil and Gas was

directed in 2003 to promulgate administrative regulations and take all

actions necessary to ensure efficient oil and gas operations and to protect

the property, health, and safety of the citizens of the Commonwealth in a

manner consistent with KRS Chapter 353;

(f) The Cabinet for Health and Family Services is specifically authorized to

adopt administrative regulations necessary to implement the Central

Midwest Interstate Low-Level Radioactive Waste Compact; and

(g) The need for review and revision of the statutes and regulations

associated with management of NORM wastes is necessary and

advisable in order to ensure proper management and disposal of wastes

containing NORM generated within or outside the Commonwealth.

(2) The Energy and Environment Cabinet and the Cabinet for Health and Family

Services are directed to exercise their regulatory authority to revise existing

regulations in order to ensure the proper management of oil- and gas-related

wastes containing NORM, including consideration of such issues as:

(a) Development of a manifest system for the transport and disposal of

NORM wastes and wastewater;

(b) Development of administrative regulations as authorized by the General

Assembly in KRS 211.865(3);

(c) Review of state waste and water permitting programs to ensure proper

management of wastes and wastewaters containing NORM; and

(d) Identification of and recommendations on any changes to existing

statutes in order to facilitate management of oil and gas production

wastes in a manner commensurate with the risks that those wastes may

pose to the public health and the environment.

(3) The Energy and Environment Cabinet and the Cabinet for Health and Family

Services are encouraged to seek input from oil and gas producers, transporters

of oil and gas wastes, the public at large, environmental organizations, the

Kentucky Geological Survey, landfill owners and operators, and the

Conference of Radiation Control Program Directors, among others, in revising

the administrative regulations. The Energy and Environment Cabinet and the

Cabinet for Health and Family Services shall report to the Legislative Research

Commission their progress in complying with this section by December 1,

2016.