PA Environment Digest Blog: Briefing: DEP Issues A New Type Of Conventional Oil & Gas Well Permit Allowing Groundwater Contaminated By Oil & Gas Formations To Be Dumped On Roads, Used In Consumer Products Without Restrictions

On May 12, 2026, the Department of Environmental Protection issued a new type of conventional oil and gas well permit for the purpose of allowing groundwater contaminated by oil and gas geologic formations to be dumped on roads and used in consumer products without restrictions, testing or treatment.

The new permit-- Conventional Oil & Gas Mineral Brine Well - Danylko 6-- was issued to BCD Properties and is now being drilled in McKean Township, Erie County.

Conventional oil and gas wells only produce a combination of three things-- oil, natural gas and contaminated groundwater-- “brine”-- that are locked in oil and gas geologic formations until released and discharged by conventional wells.

This new type of permit issued by DEP unilaterally and fundamentally changes the way these three things are regulated by creating an artificial distinction between “good” contaminated groundwater and “waste” contaminated groundwater that is exactly the same thing coming from the same geologic formations producing oil and gas.

This decision by DEP impacts the way an estimated 180 million gallons of contaminated groundwater produced by conventional wells every year will be managed from now on.

[Note: On June 11, the FracTracker Alliance appealed this permit to the Environmental Hearing Board expressing concerns the permit creates a new loophole for the disposing of contaminated groundwater without testing or restrictions on its use. Read more here.]

Contaminated Groundwater Exceeds Standards

A 2022 Penn State study funded by DEP found the contaminated groundwater discharged by conventional wells contains at least 25 chemicals that exceed environmental and health standards and radioactive radium levels that exceed industrial waste discharge standards. Read more here.

The study also found contaminated groundwater from conventional wells contain two-and-a-half times the amount of salt in ordinary seawater [Read more here - page 39].

Penn State study author Dr. William Burgos said during a state Senate hearing-- “There’s no more research that needs to be done” to justify adopting a state ban on the road dumping of contaminated water from conventional oil and gas wells. Read more here.

Conventional oil and gas well owners generate a lot of contaminated groundwater-- by industry estimates they release about 184.8 million gallons a year from underground geologic formations. Read more here.

But, conventional oil and gas well owners only actually reported generating about 93.4 million gallons of contaminated groundwater a year to DEP (2017 reference) because 85% of well owners fail to report. Read more here.

The numbers are still suspect because DEP has never done an audit of the reports submitted.

Based on the conventional well owner reports it does get, DEP maintains a list of waste facilities owners send their contaminated groundwater and other waste to for disposal, treatment or reuse.

DEP considers municipalities where conventional oil and gas well contaminated groundwater has been dumped on dirt, gravel and paved roads to be “waste facilities” and are on this list.

Click Here for the list of 94 municipalities considered waste facilities as a result of road dumping conventional oil and gas well contaminated groundwater. There are many more not reported.

Appeal Settlement

The new permit was issued as a result of a May 27 settlement of an appeal BCD Properties filed against DEP at the Environmental Hearing Board regarding an action taken by DEP advising them their contaminated groundwater-- “brine”-- from the Danylko 4 conventional well did not meet Residual Waste Regulation co-product determination analysis and environmental protection requirements. [EHB Docket 2025066]

A co-product is a waste that has the same physical properties as a similar commercial product and does not present a threat to the environment.

BCD Properties is in the business of selling contaminated groundwater from conventional oil and gas wells, according to documents filed during the EHB appeal.

There was no public disclosure of how the parties settled the appeal and no information about the issuance of a new type of conventional oil and gas well permit to BCD on May 12 in documents filed with the EHB.

The Danylko 4 and Danylko 6 wells are about 515 feet apart on the ground, according to DEP oil and gas mapping, and penetrate the same oil and gas geologic formations so the contaminated groundwater coming from both wells has the same physical and chemical makeup.

A 2023 Penn State study of intentionally produced contaminated groundwater-- “brines”-- like would from the Danylko 6 well-- found they are chemically and physically the same as contaminated groundwater produced by other conventional wells, which makes sense because the water comes from the same geologic formations.

DEP banned the road spreading of unconventional shale gas wastewater in regulations adopted in 2016. [Chapter 78a.70 & 78a.70a]

A 2020 Penn State study concluded there were not a lot of differences in the chemical and physical make-up of conventional contaminated groundwater and unconventional wastewater. Read more here.

Danylko 6 Permit Conditions

The Danylko 6 Conventional Oil and Gas Mineral Brine Well permit has a series of special conditions that makes unilateral, fundamental changes in how oil, natural gas and contaminated groundwater are regulated from conventional wells--

-- Oil and Gas Is Waste: A permit condition unilaterally designates any oil and gas produced by the well as a waste under the Solid Waste Management Act. This is believed to be the first time DEP has designated or treated oil and gas itself as a waste, other than as a result of a spill or groundwater contamination.

The fact the designation is made in a permit and not by a regulation or law or even a guidance document and without public review is also unique, given the profound impact this action will have on managing millions of gallons of conventional contaminated groundwater.

-- Contaminated Groundwater Is Not “Waste:” The permit is intended to treat the contaminated groundwater-- “brine”-- discharged by a Mineral Brine Well as groundwater to be sold-- rather than as “waste” to be managed under the state Solid Waste Management Act.

In addition, DEP Waste Management staff explained they do not consider contaminated groundwater from this conventional well a “waste” because of how this new type of permit describes this contaminated groundwater.

-- Storage Tanks Require Secondary Containment: Any tanks used to store the contaminated groundwater must be enclosed in secondary containment to contain any leaks or spills and need to be protected from corrosion and deterioration in order to prevent pollution.

-- No Mixing With “Waste Brine:” Contaminated groundwater discharged by this conventional well is not to be mixed with “waste brine” produced by other conventional wells-- even though it is the same chemically and physically and cannot be distinguished.

“Waste brine” is a new term being used by DEP to describe the artificial difference DEP created between contaminated groundwater produced by other conventional wells with other kinds of permits, and Mineral Brine Wells.

Enforcement of this provision will not be possible by DEP because there is no requirement for manifests or bills of lading/sale to track individual loads of this contaminated groundwater.

-- Report Who It Is Transferred To And How Much: The permit requires BCD to self-report “the volume distributed to each customer, and the customers’ names and addresses that the permittee has sold to.”

The permit allows the permittee to keep names secret under the “proprietary confidential business information” process.

Again, there is no requirement for manifests or bills of lading/sale to track individual loads of this contaminated groundwater or track resale transactions.

-- Unrestricted Use: The permit has no limits on how the contaminated groundwater discharged from the well can be used or how much can be spread on roads or on land.

There is no restriction on using it to make consumer products like swimming pool salt and salt for water softeners.

Again, this is the very same contaminated groundwater coming from the same oil and gas geologic formations.

Other conventional wells with other types of conventional well permits, however, are subject to a whole set of protective requirements because contaminated groundwater from oil and gas formations does pose a threat to the environment and public health and its uses are restricted.

-- No Testing Or Disclosure Of Chemical Contaminants: The permit does not require any testing of the contaminated groundwater or disclosure of the chemical contaminants that are known to be in the groundwater at concentrations that are known to exceed environmental and health standards.

Well Drilling Underway

According to DEP inspection records, the Danylko 6 well is now in the process of being drilled and DEP has been out there almost every day watching its progress.

DEP issued violations to BCD during its first Water Quality inspection on May 26 for failing to have all the required information in its Erosion and Sedimentation Control Plan.

Here are the available Danylko 6 inspection reports--

June 3 (421): https://tinyurl.com/ycxa9j37

June 2 (466): https://tinyurl.com/yebrup56

June 1 (514): https://tinyurl.com/mve6ckfv

May 29 (445): https://tinyurl.com/3w956p2w

May 28 (337): https://tinyurl.com/2yppx5tk

May 27 (087): https://tinyurl.com/5fn63394

May 26 (357): https://tinyurl.com/2bnjxyba

May 26 (053): https://tinyurl.com/mvza8vk3 [E&S Plan Violations]

The Danylko 4 well that was the subject of the BCD appeal is 515 feet away from Danylko 6 and is also being worked on.

DEP’s June 1 (845) inspection report shows a drilling service rig is onsite.

Mining Polluted Water

All conventional wells mine contaminated groundwater from where it was safe deep underground and discharge it to the surface.

DEP’s new Mineral Brine Well permit promotes the mining and discharge of polluted groundwater without restriction or treatment from underground oil and gas geologic formations to the surface of the land.

The unrestricted discharge of groundwater known to be contaminated with more than 25 chemicals exceeding environmental and health standards and loaded with 2.5 times the amount of salt of seawater without restrictions to protect the environment, aquatic life and public health in any other setting would be called pollution under the state Clean Streams Law.

This is no different from what coal mining does in creating polluted discharges from their mining operations, except here conventional well owners are mining polluted groundwater directly.

Unrestricted Use Of All Conventional Contaminated Groundwater

This new type of conventional oil and gas permit will allow the conventional oil and gas industry to take the next steps to legalize unrestricted use of all the contaminated groundwater they produce.

-- Step 1 - Repermit, Reclassify Existing Wells: Nothing in the permit restricts conventional oil and gas well owners from re-permitting or reclassifying existing conventional wells as Mineral Brine Wells so they can now produce the “good brine” and not the “waste brine.”

-- Step 2 - Get Co-Product Approval For Oil & Gas: While the Mineral Brine Well permit says any oil and gas produced by the well must be managed as a waste, it does not prohibit the use of the co-product determination process in the Residual Waste Regulations to allow for unrestricted use of the oil and gas.

Obviously, the oil and gas produced by Mineral Brine Wells is the same as the oil and gas produced by any other conventional wells, just like the contaminated groundwater is the same from conventional wells.

So now we’ve come full circle from the original BCD appeal of DEP’s finding that the contaminated groundwater from the BCD Danylko 4 conventional well cannot be used on roads because it doesn’t meet the Residual Waste Regulation co-product requirements.

Except now, through DEP’s new Mineral Brine Well permit, that use is allowed because of the artificial distinction DEP made that the “good brine” produced by Danylko 6 is not considered by DEP to be the “waste brine,” even though there is no difference.

(Photos: Row 1-- Danylko 6 well being drilled; typical road dumping of contaminated oil and gas groundwater; Row-2-- Road after road dumping; Samples of contaminated groundwater after it was spread.)

(Written by David Hess, former DEP Secretary. Send comments to PaEnviroDigest@gmail.com.)

Resource Links - Conventional Contaminated Groundwater Dumping:

-- House Committee Moves Bills To Prohibit Road Dumping Contaminated Groundwater Released By Conventional Oil & Gas Well Drilling; Setting Minimum Standards For Power Plant Community Benefit Agreements; Encouraging Native Insect Habitats [PaEN]

-- House Committee To Consider Bills To Prohibit Road Dumping Oil & Gas Wastewater, Set Minimum Standards For Power Plant Community Benefit Agreements, Encourage Monarch, Native Insect Habitats On June 8 [PaEN]

-- New Penn State Study: Brine Water Pumped From Played-Out Conventional Oil & Gas Wells And Used As Dust Suppressants, Winter Road Treatments Exceed Environmental, Health Standards, Just Like Conventional Oil & Gas Brine Water [PaEN]

-- 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]

-- The Science Says: Spreading Conventional Drilling Wastewater On Dirt & Gravel Roads Can Harm Aquatic Life, Poses Health Risks To Humans - And It Damages The Roads [10.25.21]