PA Environment Digest Blog: House Hearing: On Road Dumping Oil & Gas Wastewater - ‘We Studied This For Nearly 30 Years And The Conclusions Are The Same - The Wastewater Contains Harmful Contaminants’

On June 10, former DEP Secretary David Hess told a House Environmental Resources and Energy Committee he supports legislation banning what he called the “indiscriminate” and “unnecessary” disposal of oil and gas wastewater by road dumping.

“DEP, the industry, Penn State and others have studied conventional oil and gas wastewater for nearly 30 years and the conclusions are the same-- oil and gas wastewater contains harmful contaminants that exceed human health and environmental standards and as a result is a threat to surface and groundwater, aquatic life, poses health risks to humans and damages roads.”

He then summarized a whole series of studies-- starting in 1996-- that found oil and gas wastewater contained contaminants that exceeded safety standards..

Hess made the comments in testimony during a Committee hearing on House Bill 2384, sponsored by Rep. Greg Vitali (D-Delaware), Majority Chair of the Committee, that would ban road dumping.

Specifically, the bill would ban the road spreading and land application of “oil-related and gas-related wastewater, tophole water, production water of any type, brine or wastewater sludge from conventional or unconventional oil and gas wells.”

It would also prohibit DEP from considering oil and gas wastewater as a co-product for use as a dust suppressant, for road deicing or for road stabilization.

Trucks hauling oil and gas wastewater would be prohibited from having spreading bars or other equipment for discharging the wastewater on a road.
Tophole water could still be land applied at the well drilling site, according to DEP’s regulations.

Attempts To Regulate Road Dumping Failed

“There have been attempts to regulate the road dumping of conventional wastewater before to reduce its environmental and health impacts.

“Starting in 1996, during the Ridge Administration, we looked at road dumping and the environmental impacts of this disposal method, as I noted. Read more here.

“The result was a set of guidelines in 1998 that limited how much could be dumped on roads and where so it wouldn’t run off and pollute. Read more here.

“The industry failed to comply with the limits on how they dumped or required reporting.

“They just kept dumping.

The DEP Oil and Gas Program process for approving road dumping ended in 2018 with the settlement of Siri Lawson’s appeal before the Environmental Hearing Board. Read more here.

“But, that did not stop the conventional well owners.

“Well owners turned to DEP’s Residual Waste Regulations and the “co-product” use process to get their waste approved for road dumping.

“But, DEP’s Waste Management Program said the industry didn’t meet those requirements either. Read more here.

“Road dumping remains illegal as a result, but the industry keeps dumping.” Read more here.

Attorney General Investigation

The fact conventional well owners continue to road dump hasn’t gone unnoticed.

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

No charges have been announced, yet.

Townships At Risk

“DEP considers municipalities where conventional oil and gas well owners road dump their waste as “waste facilities” in its waste disposal recordkeeping. Read more here.

“So far, 84 townships have this designation in DEP’s waste disposal database. There’s a list. Read more here.

“But those are only the ones DEP knows about and well owners reported.

“DEP has also taken the step of advising municipalities in writing that road dumping conventional oil and gas drilling wastewater is illegal and considered waste disposal-- since it doesn’t meet Residual Waste Regulation requirements. Read more here.

“Townships that actively solicit wastewater for dumping or consent to dumping in some way, put themselves at risk of aiding and abetting an illegal activity.”

Non-Compliance A Norm

“Non-compliance with regulations and the law is not an isolated event with conventional well owners.

“In December 2022, DEP issued a first-ever assessment of compliance by conventional well owners that found “non-compliance” is an “acceptable norm in the conventional oil and gas industry.” Read more here.

“DEP also reported that in 2023-- 86% of conventional oil and gas well owners failed to submit annual reports showing how much waste they generated and how they disposed of it covering 33,505 wells.” Read more here.

“Kurt Klapkowski, DEP Deputy Secretary for Oil and Gas Management, told the House Environmental Resources and Energy Committee in March--

“Unfortunately, reviewing inspection and compliance data developed since 2017, DEP has identified widespread non-compliance with laws and regulations in the conventional oil and gas industry, particularly regarding improper abandonment of oil and gas wells but also not reporting hydrocarbon and waste production and conducting mechanical integrity assessments.”

I Saw For Myself First-Hand

“These are the facts and they argue strongly for a bright line between what is legal and what isn’t so conventional operators, township supervisors, county officials, DEP and citizens can tell right from wrong.

“But, there is no substitute for seeing the impact of road dumping first-hand.

“For three days last week I took the opportunity to visit with Siri Lawson and her husband Wayne in Warren County to see for myself.

“For 11 weeks-- starting on March 12-- Siri saw and took photos of fresh oil and gas wastewater dumped on roads completely surrounding her home.

“On April 4, she had wastewater dumped on the road running right in front of her house-- something that hasn’t happened for the last six years.

“It was right before she was scheduled to have her testimony on road dumping presented to a Senate Committee hearing on road dumping April 17.

“She observed wastewater on dirt, gravel, tar and chip and paved roads-- it didn’t matter which-- on March 12, 16, 20, 26, 28, April 4, 15, 17, 19, 30, May 4, 8, 12, 15, 18, 26, 28, and 29-- 18 different days.

“And the dumping continued later last week.

“Siri reported each incident to DEP and sent them photos to back up her reports.”

What I Learned

“Over the three days I was there, Siri took me on a 120+ mile inspection tour of dirt, gravel, tar and chip and paved roads in Warren County to educate me on road dumping.

“This is part of what I learned--

-- Dumping On Paved Roads: Wastewater dumpers are doing more and more of their dumping on paved roads and tar and chip roads, something they rarely did before. It’s much faster to get rid of a load of wastewater that way because it either runs off or dries quickly.

-- Waiting For Rain: Siri said it’s very clear wastewater dumpers are waiting until there is rain in the forecast to spread their loads, again to better hide their activities, especially on paved roads. In fact, it rained late on the afternoon I left, and Wayne saw a section of fresh wastewater dumping on his way home. We didn’t see any fresh dumping on the dry days before that.

-- Residuals On Roads Tell Much: Residual salt and other contaminants left on paved roads have a tell-tale shine and color that marks them as dumping grounds. You can see it in person and in Siri’s photos. I even saw a deer licking a paved road for the residual salt left behind by the very salty wastewater.

-- Damage To Paved Roads: I saw sections of paved roads known to be heavily dumped on that have a dense pattern of mini-potholes-- like that lacey Swiss cheese-- which they suspect to be caused by the salt in the wastewater eating away at the pavement, something local township road officials saw little of before because the dumpers didn’t hit paved roads much.

-- Better Maintenance Techniques For Dirt Roads: We saw one township using maintenance techniques on their dirt roads pioneered by the Penn State Center for Dirt and Gravel Road Studies to stabilize the road surface so there is less dust. The dump truck driver we talked to said it was the second year they tried it and it worked great!

-- Very Difficult To Catch In The Act: Warren County alone has 1,276 miles of state and local roads. Siri’s township alone has 44 miles of dirt roads. The trucks dumping oil and gas wastewater not only use roads in Warren County but in all the counties around them and up into New York state. The routes they take to pick up wastewater at conventional well sites cover those same counties and up into Erie County. Trying to catch dumpers traveling those roads very early in the morning-- starting at 4:00 a.m. is not uncommon-- on days it is likely to rain is a very tall order. And game trail cameras can’t catch them because they are too fast.”

Conclusion

“It is clear an immediate and total ban on road dumping conventional oil and gas wastewater is the only effective option for preventing millions of gallons of waste from polluting our environment.

“I support House Bill 2384 and any efforts by the Department of Environmental Protection to amend its regulations to prohibit this practice under its Oil and Gas Regulations and prohibit consideration of oil and gas wastewater as a co-product under the Residual Waste Regulations.”

Click Here for a copy of testimony from David Hess.

Click Here to watch a video of the hearing.

Hearing Key Takeaways On Road Dumping

Here are a few of the key takeaways from the Committee’s June 10 hearing on road dumping--

-- Water Is Just As Effective: The Penn State Center for Dirt and Gravel Road Studies said studies show plain water is just as effective as oil and gas wastewater at dust suppression, without the negative environmental and health side effects. What’s cheaper than water?

-- Dirt Road Construction/Maintenance Critical: Putting liquids on roads that dry out in a few hours will not solve the dust problem or do anything to protect residents. Using proper road construction and maintenance techniques and the right materials will go a long way to significantly reduce dust and improve the traveling surface.

The Penn State Center for Dirt and Gravel Road Studies has worked on these issues for decades and pioneered the use of techniques and materials that work effectively. Call them, they can help!

-- Wastewater Dumping Has Moved To Paved Roads: Local citizens report oil and gas wastewater dumping has moved from dirt and gravel roads to paved roads because it’s faster to dump their loads with less evidence they are doing this illegal practice. With this move, the justification for legalizing this disposal method for dust suppression has also evaporated. It is simply disposal.

-- Wastewater Dumpers Wait For Rain: Local citizens report wastewater dumpers typically wait until there is rain in the forecast to start dumping to help hide their tracks. As a result, the pretense the dumpers pay any attention to any guidelines for dumping wastewater also disappears. It is simply disposal.

-- Filled With Harmful Contaminants: For nearly 30 years, studies have all shown the same thing-- oil and gas wastewater contains many harmful contaminants that exceed health and environmental standards. Penn State research found 25 contaminants in conventional wastewater exceeded health and environmental standards.

-- Conventional Wastewater Fails Product Testing: The Penn State Center for Dirt and Gravel Road Studies reported conventional oil and gas wastewater fails to meet its environmental testing standards, including for sodium, chloride and radioactive radium. Radioactive radium levels varied from 84 to 2,500 pCi/L, far above the 15 pCi/L standard.

-- Little Difference Between Conventional And Shale Gas Wastewater: Penn State reported there is very little difference between conventional and unconventional oil and gas wastewater, except the road dumping of unconventional shale gas wastewater was banned by DEP in 2016 regulations.

Rep. Greg Vitali (D-Delaware) serves as Majority Chair of the House Environmental Committee and can be contacted by calling 717-787-7647 or sending email to: gvitali@pahouse.net. Rep. Martin Causer (R-Cameron) serves as Minority Chair and can be contacted by calling 717-787-5075 or by sending email to: mcauser@pahousegop.com.

(Photos: Examples of illegal road dumping in 2024.)

NewsClips:

-- PA Environmental Council Supports Bill To Ban Road Dumping Oil & Gas Wastewater [PaEN]

-- The Center Square - Anthony Hennen: Road Dumping Oil & Gas Wastewater For Dust Suppression Called Into Question

House Action/Hearing On Road Dumping:

-- House Committee Reports Out Bills To Ban Road Dumping Conventional Oil & Gas Wastewater; Prohibit Use Of PFAS 'Forever Chemicals’ In Consumer Products [PaEN]

-- House Hearing: Shapiro Administration Supports Bill Banning Road Dumping Oil & Gas Wastewater, Prohibiting Its Use As Coproduct Under Residual Waste Regulations [PaEN]

-- House Hearing: Penn State Expert Says ‘Pennsylvania Should Ban Road Spreading Of Oil & Gas Wastewater;’ Contaminants Exceed Health, Environmental Standards [PaEN]

-- House Hearing: Penn State Center For Dirt & Gravel Road Studies Says Road Spreading Oil & Gas Wastewater Is Not An Effective Dust Suppressant, Does Not Meet Environmental Testing Standards [PaEN]

-- House Hearing: A First-Hand Account Of How Repeated, Unlimited Road Dumping Of Oil & Gas Drilling Wastewater Is Tearing Apart Dirt Roads And Creating Multiple Environmental Hazards [PaEN]

-- House Hearing: Protect PT - Road Dumping Oil & Gas Wastewater ‘Is Disproportionately Responsible For Negative Impacts On Human Health,’ Especially From Radioactive Radium [PaEN]

-- House Hearing: On Road Dumping Oil & Gas Wastewater - ‘We Studied This For Nearly 30 Years And The Conclusions Are The Same - The Wastewater Contains Harmful Contaminants’ [PaEN]