PA Environment Digest Blog: Ohio Senate Committee Hearing II: Studies By Ohio State Agencies Document Environmental, Health Hazards Of Disposing Of Oil & Gas Wastewater By Road Dumping

On February 17, the Ohio Senate Agriculture and Natural Resources held a hearing on legislation that would ban the disposal of conventional and shale gas oil and gas wastewater by road dumping based on studies conducted by state agencies in Ohio.

The Ohio Legislature is considering legislation-- Senate Bill 329 and House Bill 439-- that would ban the disposal of oil and gas wastewater by road spreading.

State Sen. Paula Hicks-Hudson, the prime sponsor of Senate Bill 329, presented this testimony to the Committee outlining the findings of state agency studies of the issue--

The Great Lakes and our waterways are some of the greatest highlights of our state. They have provided priceless contributions to our economy, public health, communities, and have historically been a major attraction, bringing many to Ohio.

However, these natural resources are threatened every winter, when oil and gas brine are used on our roads as a de-icer or dust suppressant, infecting them with toxic substances and radioactive runoff.

Several analyses, including those conducted by the Ohio Department of Natural Resources, have found that brine [oil and gas wastewater] products often contain unsafe levels of heavy metals and radioactive materials, such as radium – a radioactive metallic element found in the brine.

U.S. EPA and the National Academy of Sciences Committee on Biological Effects of Ionizing Radiation list radium as a known human carcinogen.

In one case, state testing showed combined radium-226 and radium228 levels as high as 9,602 picocuries per liter, which is far above federal drinking water standards.

For context, Ohio law allows no more than 0.005 picocuries per liter of radium in fracking waste placed in landfills, yet there is no cap when that same waste is spread on our roads.

Radium-226 and radium-228 are known carcinogens linked to bone, liver, and breast cancers, according to the U.S. Centers for Disease Control and Prevention.

The danger is compounded by the fact that oil and gas companies are legally permitted to withhold disclosure of the chemicals present in their brine, citing “proprietary” mixtures, meaning Ohioans are being exposed to substances whose risks are not fully known, and whose presence cannot be verified themselves.

This is a serious and large-scale issue.

Ohio has the nation’s 5th largest interstate system, with over 8,000 lane miles, enough to travel from Los Angeles to Washington, D.C., cross-country, three times. Altogether, Ohio maintains approximately 123,000 miles of paved and unpaved roadway.

In 2018 alone, the Ohio Department of Transportation used 14.1 million gallons of liquid de-icers, including nearly 800,000 gallons of AquaSalina, a brine product later found to contain over 1,100 picocuries per liter of radium.

AquaSalina was eventually discontinued by ODOT because of the complaints they received about public health concerns.

But they did not stop the usage of brine as a whole.

Environmental advocates have raised alarms about this practice.

The Ohio Environmental Council initially defended current law but reversed course after reviewing new evidence, acknowledging that “…We became aware of powerful new scientific evidence uncovered by advocates who are leading on this issue. We have now had the chance to examine it and the evidence is deeply troubling.

“Testing by the state of Ohio shows that brine [oil and gas wastewater] is, as a general matter, highly radioactive (in respect to radium levels). Of 151 samples taken from 150 different sources of Ohio brine, 148 samples exceeded environmental discharge limits and all 151 exceeded federal safe drinking water standards.

“In short, this evidence shows that oil and gas wastewater is a danger to the public and the environment and it should not be spread on Ohio’s roadways."

When the ODNR Division of Oil and Gas studied over 100 wells, each sample exceeded the legal limit for discharge into the environment of either radium 226 or radium 228 according to Ohio Administrative Code 3701.

The limit for discharge into the environment is 60 pCi/L and most of these wells are in the hundreds or thousands of pCi/L.

The Nuclear Regulatory Commission originally came up with this 60 pCi/L threshold to make sure waters of the state do not become too radioactive; the same water that Ohioans are ingesting.

In a 2022 study from the Ohio Department of Health, in order to meet ALARA (“As low as is reasonably achievable”) standards in regard to radiation exposure, they concluded “routine applications of this product at the proposed radionuclide concentrations for a single year or for a multi-year period provides a radiation dose that is unnecessary and avoidable.

Due to the increased levels of human exposure to radiation, use of products derived from oil and gas production brine is not recommended.”

Studies have shown that oil and gas brine is no more effective than water in reducing dust or improving road conditions.

Continuing to use this waste product as a road treatment not only endangers public safety and health but also exposes local governments and taxpayers to long-term risks regarding runoff concentration.

Our neighbors in Pennsylvania banned the use of wastewater from hydraulic fracturing ("fracking") operations on roads in 2016, and also issued a moratorium on formal approvals for road spreading of wastewater from conventional oil and gas wells in 2018.

Other states, including North Carolina, have successfully utilized salt and water brines to prevent snow and ice from bonding on roads, which is far less toxic.

Kansas, New Jersey, and North Dakota are currently experimenting with salt diluted with beet juice as a more natural option.

By passing SB 329, we will protect Ohio’s waterways, safeguard public health, and ensure that our infrastructure is maintained responsibly.

This bill is about protecting our communities today and preserving our natural resources for generations to come.

I respectfully ask for your support of Senate Bill 329.

Click Here for a copy of the testimony.

Visit the Ohio Senate Agriculture and Natural Resources webpage for more testimony presented on disposing of oil and gas wastewater by road dumping.

Pennsylvania Legislation

Rep. Greg Vitali (D-Delaware), Majority Chair of the House Environmental and Natural Resources Protection, introduced House Bill 84 to ban the disposal of oil and gas wastewater by road dumping on January 10, 2025.

The House Committee held an extensive hearing on the road dumping issue and on House Bill 2384 (Vitali-D-Delaware) to ban road dumping in June 2024. Read more here.

What Road Dumping Looks Like

-- Photos Of Typical Road Dumping in Pennsylvania: See Photos Here + See Photos 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)

Ohio Senate Committee Testimony:

-- Ohio Senate Committee Hearing I: Penn State Professor Testifies In Support Of A Ban On The Disposal Of Conventional Oil & Gas Wastewater By Road Dumping [PaEN]

-- Ohio Senate Committee Hearing II: Studies By Ohio State Agencies Document Environmental, Health Hazards Of Disposing Of Oil & Gas Wastewater By Road Dumping [PaEN]

-- Ohio Senate Committee Hearing III: Ohio Farmers Union Supports Ban On Disposal Of Oil & Gas Wastewater By Road Dumping To Protect Soil, Livestock, Farm Products From Contamination [PaEN]

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]