PA Environment Digest Blog: DEP Moves To Dismiss BCD Properties Appeal Challenging A DEP Letter Advising It Does Not Comply With Waste Regulations Allowing The Disposal Of Its Oil And Gas Wastewater By Road Dumping

On September 25, 2025, the Department of Environmental Protection filed a motion with the Environmental Hearing Board to dismiss the appeal of a DEP letter advising BCD Properties, Inc. the documentation it submitted does not comply with Residual Waste Coproduct Regulations allowing the disposal of its oil and gas wastewater by road dumping. EHB Docket# 2025066

DEP’s motion argues its April 16, 2025 letter to BCD Properties is not a final action of the department-- as it explicitly states in the letter-- and is therefore not subject to review by the Board.

Prior to the motion to dismiss, DEP and BCD advised the Board on July 14, 2025 they had been in preliminary settlement discussions.

BCD Properties now has the opportunity to respond to DEP’s motion.

Click Here for a copy of DEP’s Memorandum Of Law supporting the motion to dismiss.

Documents related to this appeal can be found at: EHB Docket# 2025066.

Background

BCD Properties, Inc. owns the Danylko 4 conventional gas well in McKean Township, Erie County that produces very little gas, but a lot of wastewater, according to the appeal filed by BCD.

BCD has been producing wastewater and marketing it for road dumping for 6 years-- since at least 2019, the appeal said.

In 2023, Pennfield Energy LLC entered into a contract with Harmony Township, Forest County to road dump oil and gas wastewater. Pennfield obtained the wastewater it road dumped from BCD, according to the appeal.

In July 2024, Harmony Township provided DEP with copies of the coproduct documentation produced by BCD as required by the Residual Waste Regulations [Read more here] comparing the BCD wastewater with wastewater from another conventional well owned by Seneca Mineral Company called LS25 and dumped on roads.

BCD’s appeal notes at about this same time, the state Office of Attorney General Environmental Crimes Section contacted BCD as part of an investigation of its production and sales of wastewater for road dumping.

On April 16, 2025, DEP issued a letter to BCD advising the coproduct determination for the Danylko 4 wastewater did not meet the requirements of the Residual Waste Regulations and continued road dumping of wastewater may result in enforcement action.

DEP’s letter further advised BCD of the regulations it must meet.

On May 14, 2025, BCD appealed DEP’s letter to the Environmental Hearing Board.

Obvious Deficiencies

[Editor’s Note: While DEP did not describe how BCD Properties failed to meet the Residual Waste Regulations, it was obvious--

-- There was no evaluation at all of the "threat of harm to the environment and public health" as the regulations require in the BCD submission. BCD literally only said Seneca Mineral Company’s LS25 wastewater and their wastewater sample had similar simple chemistry (Total Dissolved Solids, chloride, calcium, sodium and magnesium), that's it.

-- BCD only looked at 5 chemicals/parameters not the 39 DEP requires in its oil and gas wastewater general permit, for example. Looking at only 5 parameters (Total Dissolved Solids, chloride, calcium, sodium and magnesium) in comparing the wastes not only gives a woefully inaccurate view of what is in the waste, but it is a totally inadequate basis on which to do any sort of evaluation of the environmental and health impact of the wastes as the Residual Waste Regulations require.

If BCD looked at DEP's Residual Waste General Permit covering beneficial reuse of shale gas wastewater-- which is very similar to conventional wastewater, according to Penn State studies-- DEP requires an analysis of and that the wastewater must meet 39 different chemical standards, including for radioactive radium (Appendix A).

In addition, Penn State's studies of oil and gas wastewater dumped on roads found it violated at least 25 environmental and health discharge standards, including for radioactive radium. Penn State tested for 31 different parameters.

-- BCD also didn't look for any hazardous/toxic chemicals as the regulations require and are known to be in oil and gas wastewater. The Residual Waste Regulations require an analysis of the list of Hazardous and Toxic Constituents contained in federal regulations at 40 CFR Part 261 Appendix VIII. Many of the 39 chemicals in DEP's General Permit analysis list are also on the hazardous/toxics list because they are known to be in oil and gas wastewater.

[The appeal by BCD Properties is part of a continuing effort by the conventional oil and gas industries to legalize the use of road dumping for the disposal of oil and gas wastewater.

[The road dumping of conventional oil and gas wastewater continues unabated in areas of conventional drilling across the state. Read more here.]

(Photos: What road dumping looks like. Row 1-- Late night road dumping on March 21, 2025, note triangular spray pattern; Row 2-- Morning-after March 21 dumping fingerprint; Row- 3 Telltale bluish sheen from road dumping on paved road, water collected after road dumping on Scranton Hollow Road on September 17, 2024)

NewsClip:

-- Inside Climate News - Kyle Bagenstose: Appeal Could Make It Easy For Conventional Oil & Gas Well Owners To Dispose Of Their Wastewater By Road Dumping

Resource Links - Conventional Wastewater Road Dumping:

-- Conventional Oil & Gas Well Owners Pushing 3 More Ways To Legalize Road Dumping Their Wastewater; Not Clear How The Public, Put At Risk By Dumping, Will Be Involved [PaEN]

-- DEP Report Finds: Conventional Oil & Gas Drillers Routinely Abandon Wells; Fail To Report How Millions Of Gallons Of Waste Is Disposed; And Non-Compliance Is An ‘Acceptable Norm’ [12.29.22]

-- DEP: Widespread Non-Compliance With Environmental Laws Continues In Conventional Oil & Gas Industry; 3,108+ Abandoned Wells; At Least 85% Conventional Well Owners Fail To Submit Production, Waste, Well Integrity Reports [6.12.25]

-- Late Night Road Dumping: Conventional Oil & Gas Wastewater Continues To Be Dumped On Dirt, Gravel, Paved Roads; DEP Expected To Provide Update At April 24 Meeting [4.9.25]

-- Late Night Dumping II: Conventional Oil & Gas Wastewater Dumping Continues On Roads, This Time With Bigger Trucks; New Research On Harmful Wastewater Impacts [5.22.25]

-- Senate Hearing: Penn State Expert: ‘No More Research That Needs To Be Done’ To Justify A Ban On Road Dumping Conventional Oil & Gas Wastewater [4.17.24]

-- House Hearing: Penn State Expert Says ‘Pennsylvania Should Ban Road Spreading Of Oil & Gas Wastewater;’ Contaminants Exceed Health, Environmental Standards [6.10.24]

-- 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 [6.10.24]

-- Moody & Associates Study Finds Discharge Of Conventional Oil & Gas Wastewater To The Ground Surface ‘Not A Viable Management Practice'; Supports Ban On Road Dumping; Onsite Disposal [5.13.24]