PA Environment Digest Blog: 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

On February 17, Dr. William Burgos testified before the Ohio Senate Agriculture and Natural Resources recommending a ban on the disposal of conventional oil and gas wastewater by road dumping based on extensive research conducted by Penn State University.

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.

Dr. Burgos presented testimony making these points--

-- Wastewater from conventional oil & gas wells contain elevated concentrations of radium, a known carcinogen, petroleum hydrocarbons, heavy metals and other contaminants of concern.

-- Wastewater from conventional oil & gas wells fail to meet US EPA’s criteria for industrial beneficial reuse as a dust suppressant because they do not perform as the product they are intended to replace and they pose risks to the environment.

-- High concentrations of sodium in wastewater from conventional oil & gas wells make produced water ineffective as a dust suppressant for gravel roads.

Penn State Research on road dumping has been financially supported by the Department of Environmental Protection.

Here is the text of the testimony presented by Dr. Burgos--

I am a Professor of Environmental Engineering at The Pennsylvania State University where I have worked since 1995. I earned a BS in Mechanical Engineering, a MS in Environmental Engineering, and a PhD in Environmental Engineering, all from Virginia Tech.

I am a member of the Academy of Distinguished Alumni for the Charles E. Via, Jr. Department of Civil and Environmental Engineering at Virginia Tech.

I am a member of the American Chemical Society, having served as the Geochemistry Division Chair, and a member of the American Society of Civil Engineers and the Association of Environmental Engineering and Science Professors.

I have conducted research on the environmental impacts of disposal practices associated with oil and gas development in Pennsylvania since 2015.

I have co-authored a dozen papers on various aspects of these practices in well-regarded peer-reviewed scientific journals.

I will expand on the following main points for the committee’s consideration:

1. High concentrations of sodium in produced waters from conventional oil & gas wells make

produced water ineffective as a dust suppressant for gravel roads.

2. Produced waters from conventional oil & gas wells contain elevated concentrations of radium, a known carcinogen, petroleum hydrocarbons, heavy metals and other contaminants of concern.

3. Produced waters from conventional oil & gas wells fail to meet US EPA’s criteria for industrial beneficial reuse as a dust suppressant because they do not perform as the product they are intended to replace and they pose risks to the environment.

Sodium is the problem

Chemical treatments are applied to roads during winter and summer maintenance operations to create a more stable driving surface and improve driver safety.

Winter road maintenance typically uses rock salt (sodium chloride) for deicing and liquid brine solutions for anti-icing.

In summer, unpaved dirt and gravel roads are treated with chemical dust suppressants. Calcium chloride-based and magnesium chloride-based salts are commonly used commercially available dust suppressants.

Calcium chloride and magnesium chloride work as dust suppressants because they contain the divalent cations Ca2+ and Mg2+.

Divalent cations help retain moisture and bridge clay particles together, physically stabilizing the roadbed.

Clay particles are the finest materials in the roadbed and constitute most dust generated from vehicular traffic.

Sodium chloride does not work as a dust suppressant because it contains the monovalent cation Na+.

Sodium chloride will disperse clay particles and destabilize the roadbed.

Gravel roads treated with sodium chloride can produce more dust as compared to just wetting the road with rainwater.

Sodium chloride is not typically used for deicing a gravel road. Heavy vehicular traffic on sodium chloride-treated gravel roads can cause rutting, decreasing the performance of the road, and increasing maintenance requirements (all because sodium disperses clay particles).

Sodium chloride is also less hygroscopic than calcium chloride or magnesium chloride, so it is worse at scavenging ambient moisture.

Agencies that own a lot of gravel roads, such as the US Forest Service, do not apply sodium chloride for winter maintenance.

Instead, materials such as cinders, sand or gravel are used to improve traction in the snow on gravel roads.

The sodium adsorption ratio (SAR – the relative ratio of sodium to calcium and magnesium concentrations) of a brine can be calculated based on measured concentrations of calcium, magnesium, and sodium, and used to predict the efficacy of that brine’s ability to function as a dust suppressant (Stallworth et al., 2021, Efficacy of oil and gas produced water as a dust suppressant, Science of the Total Environment. 2021, 799, 149347).

Brines with low SAR values are more effective as dust suppressants. For example, a brine with a SAR value less than 3 would be predicted to be an effective dust suppressant while a brine with a SAR value greater than 15 would be predicted to be an ineffective dust suppressant.

For produced waters from conventional oil & gas wells in Ohio that we have tested, the typical SAR value has been ca. 60, classifying it as an ineffective dust suppressant.

For produced waters from conventional oil & gas wells in Pennsylvania, typical SAR values range from 60 to 70, also indicative of brines that would be ineffective dust suppressants.

Produced water contains high concentrations of radium

We have analyzed produced waters collected from brine tanks used by road masters in northwest Pennsylvania and spread on public gravel roads (Tasker et al., 2018, Environmental and Human Health Impacts of Spreading Oil and Gas Wastewater on Roads, Environmental Science & Technology. 2018, 52, 7081−7091).

We have completed similar measurements on commercially available products used for dust suppression or deicing and other produced waters (Farnan et al., 2023, Toxicity and chemical composition of commercial road palliatives versus oil and gas produced waters, Environmental Pollution. 2023, 334, 122184).

We have also compiled results from the U.S. Geological Survey National Produced Waters Geochemical Database to determine representative values based on geographic location (e.g., eastern Ohio) and geologic formation (e.g., conventional oil-bearing units).

From all these studies we can conclude that the combined radium activity (226-Ra + 228-Ra) in produced waters from conventional oil & gas wells in the northern Appalachian Basin (including Ohio and Pennsylvania) commonly exceeds 2,500 pico-Curies per liter (pCi/L).

Combined radium activity in produced waters from conventional oil & gas wells in Ohio and Pennsylvania have been reported to exceed 8,000 pCi/L.

For comparison, the US EPA drinking water standard for combined radium activity in 5 pCi/L.

Produced water fails to meet EPA’s criteria for beneficial reuse

An approach to a more sustainable means to manage industrial waste is to promote the ‘beneficial reuse’ of one industry’s waste as a feedstock in another industry’s production process.

Guidance from the United States Environmental Protection Agency (US EPA) recommends that waste products proposed for beneficial use must meet two criteria: 1) they perform as well as or better than the material being replaced, and 2) using the waste product does not increase the risk of harm to either the environment or human health.

However, produced waters from conventional oil & gas wells fail to meet either of these criteria for use as dust suppressants on dirt and gravel roads.

To address criteria 1, we compared dust generation from road aggregate discs individually treated with five calcium chloride-based brines, five organic-based products, and ten produced waters from conventional oil & gas wells in Pennsylvania (Farnan et al., 2024, Oil and gas produced waters fail to meet beneficial use recommendations for use as dust suppressants, Science of the Total Environment. 2024, 919, 170807).

We found that commercial brines and most commercial organic products consistently outperformed produced waters as dust suppressants.

Under low humidity test conditions, produced waters did not significantly reduce dust compared to rainwater controls, and in some cases, increased dust generation.

Based on dust generation, produced waters did not perform as well as the CaCl2 brine they are intended to replace.

To address criteria 2, we conducted large-scale laboratory rainfall-runoff experiments using model roadbeds treated with various dust suppressants then subjected the roadbed to a simulated storm event (Farnan et al., 2024, Oil and gas produced waters fail to meet beneficial use recommendations for use as dust suppressants, Science of the Total Environment. 2024, 919, 170807).

We compared roads treated with a calcium chloride brine, soybean oil, three produced waters from conventional oil & gas wells in Pennsylvania, and a rainwater control. Runoff from the roadbeds was collected over the course of the storm and analyzed for contaminants of concern.

We found that measured concentrations in runoff generally reflected the concentration of the dust suppressant originally applied to the road (i.e., most constituents were washed off the road).

All radium added to the roadbed during produced water application was mobilized during the storm event.

This release of radium would increase the risk of harm to the environment and human health.

Spreading produced waters on roads can decrease roadbed stability because the high sodium concentrations present in produced waters cause clay dispersion (also observed in dust generation experiments).

Roadbeds treated with produced water did not reduce total solids lost from the roadbed compared to roadbeds treated with rainwater.

In some instances, roadbeds treated with produced water increased total solids lost from the roadbed compared to roadbeds treated with rainwater.

In contrast, CaCl2 brine significantly reduced solids lost during the storm event compared to the rainwater controls.

Based on this second performance metric, produced waters did not perform as well as the CaCl2 brine they are intended to replace.

Produced waters from conventional oil & gas wells in the northern Appalachian Basin do not perform as well as commercial products and pose unique risks to environmental health.

Thus, produced waters do not meet either of the two recommended criteria for beneficial use as a dust suppressant.

Spreading produced waters on roads can harm aquatic life and pose health risks to humans, while not effectively suppressing road dust.

Ban Road Spreading Of Conventional Oil & Gas Wastewater

I would encourage Ohio legislators to support the ban on spreading produced waters from conventional oil & gas wells on roads in Ohio.

Click Here for a copy of Dr. Burgos’ 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 State 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]