PA Environment Digest Blog: Rep. Vitali Introduces Bill To Ban Road Dumping Millions Of Gallons Of Conventional Oil & Gas Wastewater, Supported By The Shapiro Administration

Thursday, January 16, 2025

Rep. Vitali Introduces Bill To Ban Road Dumping Millions Of Gallons Of Conventional Oil & Gas Wastewater, Supported By The Shapiro Administration

On January 10, Rep. Greg Vitali (D-Delaware) introduced House Bill 84 to ban the road dumping of millions of gallons of conventional oil and gas wastewater. The bill is supported by the Shapiro Administration [Read more here].

"Production brine contains toxic chemicals and has negative impacts to public health and the environment," said Rep. Vitali. "A recent study from Penn State found that production brine spreading exposes groundwater, soil, and air to contaminants like metals, salts, and radioactive materials, specifically radium."

““This is just waste, waste, industrial waste just being dumped on roadways.”

The bill would amend the state Solid Waste Management Act to ban the road dumping and land application of both conventional and unconventional shale gas wastewater.

Road dumping of conventional oil and gas wastewater can now be allowed under DEP’s Residual Waste Regulations as a “co-product,” but DEP has not approved any co-product determinations for this practice so it is illegal.

This bill would ban consideration of road dumping conventional wastewater under the co-product process.

Unconventional oil and gas wastewater is now prohibited by 2016 DEP regulations from being dumped on roads. The bill would put that ban into law.

Road dumping conventional oil and gas wastewater continues unabated in oil and gas areas of Pennsylvania on dirt and paved roads, according to citizens who monitor the practice.

Similar legislation-- House Bill 2384-- was reported out of Committee last year, but saw no further action. Read more here.

House Bill 84 was referred to the House Environmental and Natural Resource Protection Committee.

Rep. Vitali serves as the Majority Chair of the Committee.

Senate/House Hearings

Both the House and Senate held hearings on road dumping wastewater last year that concluded--

-- No More Research Needs To Be Done To Ban Road Dumping: A Penn State expert told a Senate Committee “There’s no more research that needs to be done” to justify adopting a state ban on the road dumping of conventional oil and gas wastewater. Read more here.

“Pennsylvania should ban road spreading of O&G PW [oil and gas wastewater].” Read more here.

“There is no public benefit to road spreading O&G PWs [oil and gas wastewater]…. It is all risk, no reward. The only beneficiaries are the O&G [oil and gas] operators who choose this disposal option.” Read more here.

“The ineffectiveness and potential pollution of wastewater spreading make the practice an unsuitable alternative for dust suppression on Pennsylvania roads.” Read more here.

-- 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: Penn State 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.

-- Water Is Just As Effective: Penn State Studies have shown plain water is just as effective as oil and gas wastewater at dust suppression, without the negative environmental and health side effects.

-- 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.

DEP Internal Work Group

On December 12, Kurt Klapkowski, DEP Deputy Secretary for Oil and Gas Management, told DCED’s PA Grade Crude [Oil] Development Advisory Council, Acting Secretary Jessica Shirley has directed DEP executive staff to form an internal work group to develop a “strong scientifically-based position” on road dumping conventional oil and gas wastewater.

Klapkowski told the group to expect recommendations by the end of the first quarter of 2025 and then they will “take that position and walk it out to the broader world.” Read more here.

Resource Links:

-- Illegal Wastewater Dumping Continues, Even On Mothers Day, Conventional Oil & Gas Well Owners’ Campaign Of Intimidation Of Senate Witness; Now Dumping Before It Rains, On Paved Roads [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]

-- House Hearing: Conventional Oil & Gas Industry Trade Groups Oppose Bill Banning The Road Dumping Their Wastewater Saying It’s ‘Effective And Safe’ [PaEN]

-- Senate Hearing: The Case For An Immediate, Total Ban On Road Dumping Conventional Oil & Gas Wastewater [PaEN]

-- Senate Hearing: Penn State Expert: ‘No More Research That Needs To Be Done’ To Justify A Ban On Road Dumping Conventional Oil & Gas Wastewater [PaEN]

-- Senate Hearing: First-Hand Account Of Health, Environmental Impacts From Road Dumping Conventional Oil & Gas Wastewater - ‘Inhaling Oil & Gas Wastewater 24-Hours A Day’ [PaEN]