Westmoreland County-Based Protect PT Calls For Ban On Road Dumping Conventional Oil & Gas Wastewater; CAC Member Asks For DEP Response

On April 9, the Westmoreland County-based Protect PT advocacy group joined the rising chorus of groups calling on DEP to ban the road dumping of conventional oil and gas wastewater, just like they have shale gas drilling wastewater.

In remarks before DEP’s Citizens Advisory Council, Tom Pike, an Environmental Policy Advocate with Protect PT, said -- “ProtectPT is requesting that the PA Department of Environmental Protection revise its rules on road spreading of gas industry waste.

“We have a ban on [shale gas] fracking waste road spreading, and although DEP does not currently permit spreading conventional waste, this moratorium has been ineffective.

“Conventional drillers continue to report spreading their waste after the moratorium was put in place with some claiming that the waste meets the definition of a co-product [under the Residual Waste regulations] and can be used instead of commercial dust suppressants.

“None of these self-determinations [by the industry], when inspected by the DEP, satisfied the requirements of the program. 

“Explicitly banning the practice of gas industry waste road spreading on the conventional side, will provide regulatory certainty and can prevent the ongoing abuse of the co-product program.

“If DEP issues an explicit ban on road spreading for conventional industry waste this will help significantly. 

“The loophole is causing toxic chemicals to enter the air and water on which Pennsylvanians rely, and to which we are entitled Under Article One, Section 27 of the Pennsylvania Constitution.”

CAC Response

Tim Weston, a member of the DEP Citizens Advisory Council, asked for a response to Pike’s comments from DEP.

“I'd like to hear a response from the department as to what the status is of the prohibitions on spreading of residuals from the gas industry and which parts of the industry and what is still allowed, and then what information we have on how much of this is being used and where.”

Spring Road Dumping In Full Swing

The Spring road dumping season continues in full swing in all conventional drilling areas in Pennsylvania as conventional oil and gas well owners continue to get rid of their wastewater on the region’s dirt and hard roads illegally.

Click Here and Click Here for photos of road dumping over several weeks.

Report Violations

To report oil and gas violations or any environmental emergency or complaint, visit DEP’s Environmental Complaint webpage.

Road Dumping Illegal

Road dumping of conventional oil and gas wastewater is illegal, but it continues as if it wasn’t. 

Penn State researchers, and others found the wastewater running off the roadways after spreading contains concentrations of barium, strontium, lithium, iron, manganese that exceed human-health based criteria and levels of radioactive radium that exceed industrial discharge standards.

In fact, 25 out of the 31 chemicals and pollutants found in the wastewater exceeded, and in many instances far exceeded, established health or environmental standards, including radioactive radium.  Read more here.

The same earlier Penn State study also found conventional oil and gas wastewater was no more effective than plain water in suppressing dust on roads.  Read more here.

Municipalities Notified Of This Illegal Practice

The Department of Environmental Protection has already taken steps to advise 18 municipalities in four counties that the road dumping of conventional oil and gas drilling wastewater is illegal and considered waste disposal.

The letters said in part-- “Disposal of waste without approval from DEP is unlawful conduct under the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, as amended, 35 P.S. Sections 6018.101-6018.1003.”  Read more here.

DEP has listed a total of 84 townships as “waste facilities” where road dumping of conventional oil and gas drilling wastewater has occurred.  Read more here.

These actions remain valid today.

Attorney General Is Investigating

The state Office of Attorney General is investigating the illegal disposal of conventional drilling wastewater through road dumping under DEP’s Residual Waste Regulations, according to a consultant for conventional oil and gas well owners.  Read more here.

“[At] about the same time [DEP determined the coproduct regulations were not met], a special agent from the Attorney General's Office began to visit and interview operators and consultants with known ties to preparation of coproduct determination,” said Burt Waite, an industry consultant and representative of the PA Independent Oil and Gas Association on the Advisory Council.

“I had an agent show up at my doorstep unannounced, knock on my door, wanting to quiz me about the preparation of co-product determination reports,” said Waite.  “It kind of took me back and it took other operators back when a special agent with the Attorney General's Office showed up.”  Read more here.

And conventional well owners keep road dumping….

Visit DEP’s Citizens Advisory Council webpage for more information on the Council.  Questions should be directed to Ian Irvin, Executive Director by sending email to:  iirvin@pa.gov.

(Photos: Fresh road dumping of conventional wastewater from the last few weeks.)

Related Articles - Road Dumping:

-- DEP Advises 18 Municipalities Where Road Dumping Of Conventional Oil & Gas Drilling Wastewater Is Occurring The Practice Is Illegal And Considered Waste Disposal  [5.31.22]

-- Attorney General’s Office Reported To Be Investigating Conventional Oil & Gas Operators For Illegally Road Dumping Drilling Wastewater  [4.22.22]

-- DEP Tells Citizens Advisory Council Road Dumping Conventional Oil & Gas Wastewater Still Does Not Meet Residual Waste Regulations; Remains Illegal   [PaEN] 

-- Penn State: Conventional Oil & Gas Wastewater Fails To Meet Beneficial Reuse Recommendations For Use As A Dust Suppressant  [PaEN] 

-- New Penn State Study: Brine Water Pumped From Played-Out Conventional Oil & Gas Wells And Used As Dust Suppressants, Winter Road Treatments Exceed Environmental, Health Standards, Just Like Conventional Oil & Gas Brine Water   [PaEN] 

Related Articles This Week - Gas:

-- DEP Issues $1.1 Million Civil Penalty To Equitrans For Violations Related To The Uncontrolled Venting Of 1.1 Billion Cubic Feet Of Gas From The Rager Mountain Gas Storage Area In Cambria County  [PaEN]

-- New Penn State Study Shows Continuous Radioactive Radium Exposure From Oil & Gas Wastewater Poses A Threat To Aquatic, Human Health As It Accumulates In Aquatic Species  [PaEN]

-- Environmental Hearing Board Allows 2nd Appeal Of Tri-County Landfill Permit To Move Forward Over Threats Posed By Birds, Radioactive Oil & Gas Waste [PaEN]

-- Better Path Coalition Hosts April 19 Virtual Brown Bag Briefing With Justin Nobel On His New book About Radioactive Waste From The Oil & Gas Industry  [PaEN] 

-- The Derrick: State Intervenes In Venango Water Case [Fallout Continues From Conventional Oil Well Wastewater Spill]  [PaEN]

-- Marcellus Shale Gas Coalition Official Joins Pittsburgh-based EQT In Saying We Have A 'Duty’ To Provide LNG Gas To China, Our Economic, Military Competitor  [PaEN]

-- CNX Completing $20 Million Fresh Water Pipeline To Serve Future Shale Gas Drilling, And Potentially Local Communities As An Alternative To The Westmoreland Municipal Authority  [PaEN] 

-- Act 14: Little Known State Law Gives Municipalities, Counties First Chance To Comment On DEP Permits Before Applications Are Submitted; Critical First Step In Public Involvement  [PaEN]

[Posted: April 10, 2024]  PA Environment Digest