Three state agencies have their hands in its regulation in one way or another. In­spectors can make spot checks or investigate complaints.

But in the end, it comes down to the honor system.

Energy companies self-monitor for NORM, the technologically enhanced, naturally occurring radioactive material that can accumulate on equipment or soil where they mine oil and natural gas.

State agencies rely on that compliance, and rarely does the federal Environmental Protection Agency get involved.

“By default, in oil and gas production, the agency does not have any specific regulations that deal with NORM or any ra­dioactive material,” EPA spokesman Dave Bary said. “Our role is limited to consulting with the state at their request.”

Barnett Shale risk

The risk from NORM accumulations can vary widely, from virtually none to potentially ruinous to human health and the environment. While less common in natural gas fields than oil fields, the Barnett Shale is different. Two decontamination companies have cleaned 25 Barnett Shale sites of about 1,000 barrels of radio­active waste in the past two years.

The hotter the waste, the more expensive it becomes to manage and dispose of. As a result, Kenny Ryan, operations manager for Soloco, and other industry insiders say some operators are slow to clean up because the process is expensive.

After an emergency cleanup of about 105 barrels of NORM-contaminated waste at Devon Energy’s North Tarrant saltwater injection well in October 2006, the Denton Record-Chronicle requested the Texas Railroad Commission reveal, under state open records laws, the type and volume of waste delivered to the well just prior to the leak.

A Railroad Commission rule requires that operators keep those records for three years and make them available to commission inspectors upon request.

However, the rule stops short of requiring the information be filed with the agency, in part because federal law exempts most oilfield waste from a hazardous designation.

Railroad Commission attorney Debra Ravel said the agency would not attempt to collect the records because it would be an unreasonable demand of a private business, and it could be interpreted as using public money to conduct a private investigation.

However, she said that the agency would investigate any complaint of any facility.

“We take complaints very seriously,” Ravel said.

Devon’s safety manager Doug Bridwell said the company had a secondary containment dike where the NORM was being stored and none leaked off the injection site.