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House Hearing: Shapiro Administration Supports Bill Banning Road Dumping Oil & Gas Wastewater, Prohibiting Its Use As Coproduct Under Residual Waste Regulations

On June 10, the Department of Environmental Protection told the House Environmental Resources and Energy Committee the Shapiro Administration supports legislation banning the practice of road dumping oil and gas wastewater and prohibiting its consideration as a coproduct under Residual Waste Regulations.

“The Administration is supportive of this clear ban on the practice and views the Solid Waste Management Act as a sound vehicle for such statutory language.”

Kurt Klapkowski, DEP Deputy Secretary for Oil and Gas Management, made the statement during a hearing by the Committee on House Bill 2384 sponsored by Rep. Greg Vitali (D-Delaware), Majority Chair of the Committee.

DEP Deputy Secretary for Waste, Air, Radiation and Remediation Ali Tarquino Morris, also participated in the hearing answering questions about how Residual Waste Regulations apply to road dumping.

The bill would ban the road spreading and land application of “oil-related and gas-related wastewater, tophole water, production water of any type, brine or wastewater sludge from conventional or unconventional oil and gas wells.”

It would also prohibit DEP from considering oil and gas wastewater as a co-product for use as a dust suppressant, for road deicing or for road stabilization.

Trucks hauling oil and gas wastewater would be prohibited from having spreading bars or other equipment for discharging the wastewater on a road.

Tophole water could still be land applied at the well drilling site, according to DEP’s regulations.

Klapkowski said, “Road spreading of brine is currently not an authorized practice in Pennsylvania and DEP has the authority to take enforcement action in instances where it becomes aware of spreading that violates the laws or regulations that DEP implements.

“DEP encourages members of the public who observe road spreading of brine to report the activity to their closest DEP Regional Office,” said Klapkowski.

He noted, “Recent studies raise questions about the safety of the application of these brines [wastewater] due to potential runoff of contaminants of concern contained in the brines—as compared to pure salt brine used for de-icing roads—and potential impacts to the waters of the Commonwealth and drinking water supplies.

“Concerns have also been raised about the effects of brine salinity on water quality of surface and groundwater into which brines may enter,” said Klapkowski.

He said DEP’s Oil and Gas Program discontinued authorizing the use of conventional wastewater for dust suppression [as a result of a settlement of a 2017 citizen appeal of the process to the Environmental Hearing Board].

However, Morris described how conventional oil and gas well owners attempted to have their wastewater used as a dust suppressant “coproduct” under DEP’s Residual Waste Regulations.

She said none of the 29 conventional well owners that were requested by DEP to submit information that justified the coproduct determination allowing the use of the wastewater were found to comply with DEP’s Residual Waste Regulations.

She said several owners said they mistakenly reported road dumping or discontinued this disposal method.

“The DEP understands that there are and will continue to be environmental and public health concerns related to the potential impacts of oil and gas brine spreading in Pennsylvania,” said Klapkoski.

Click Here for a copy of DEP’s written testimony.

Click Here to watch a video of the hearing.

Hearing Key Takeaways On Road Dumping

Here are a few of the key takeaways from the Committee’s June 10 hearing on road dumping--

-- Water Is Just As Effective: The Penn State Center for Dirt and Gravel Road Studies said studies show plain water is just as effective as oil and gas wastewater at dust suppression, without the negative environmental and health side effects. What’s cheaper than water?

-- 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.

-- 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: The Penn State Center for Dirt and Gravel Road 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.

Rep. Greg Vitali (D-Delaware) serves as Majority Chair of the House Environmental Committee and can be contacted by calling 717-787-7647 or sending email to: gvitali@pahouse.net. Rep. Martin Causer (R-Cameron) serves as Minority Chair and can be contacted by calling 717-787-5075 or by sending email to: mcauser@pahousegop.com.

NewsClips:

-- The Center Square - Anthony Hennen: Road Dumping Oil & Gas Wastewater For Dust Suppression Called Into Question

-- Bradford Era: Rural Road Dust Suppression Technique Using Oil & Gas Wastewater Called Into Question

-- StateImpactPA - Rachel McDevitt: PA House Effort Seeks To Ban Spreading Conventional Oil & Gas Wastewater On Roads

House Action/Hearing On Road Dumping:

-- House Committee Reports Out Bills To Ban Road Dumping Conventional Oil & Gas Wastewater; Prohibit Use Of PFAS 'Forever Chemicals’ In Consumer Products [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]