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House Hearing: Protect PT - Road Dumping Oil & Gas Wastewater ‘Is Disproportionately Responsible For Negative Impacts On Human Health,’ Especially From Radioactive Radium

On June 10, Tom Pike, an Environmental Policy Advocate with Westmoreland County-base Protect PT, told a House Environmental Resources and Energy Committee hearing on House Bill 2384 (Vitali-D-Delaware) that road spreading of oil and gas wastewater “is disproportionately responsible for negative impacts on human health.”

“The process of gas drilling brings radioactive material from underground to the surface. These are known as TENORMs, or technologically-enhanced naturally-occurring radioactive materials.”

Pike said Penn State research has shown “from 2008 to 2014, spreading oil and gas waste on roads released over 4 times as much radium to the environment as oil and gas wastewater treatment facilities, and 200 times as much radium as spill events.”

“When you take this stuff out of the ground and put it on roads, it’s going to stay with us for a very long time.

“The State of Pennsylvania already has a ban on the road spreading of unconventional gas industry waste, because it has long been acknowledged that unconventional waste is dangerous.

“Conventional gas well waste is not regarded as quite as dangerous, but this is a misconception. Conventional gas well waste is not chemically distinct from unconventional waste.”

Pike pointed to the results of another Penn State study that specifically looked at the contamination of stream sediments at waste treatment disposal sites.

“One of the conclusions is relevant-- ‘In order to prevent radionuclide accumulation in the environment, we suggest that disposal restrictions should apply to any type of Radium-rich water, regardless of source, and that current policies differentiating the treatment and disposal of conventional oil and gas waste from unconventional oil and gas waste should be reconsidered.’”

Pike said, “The takeaway is that we should regulate waste based on the chemicals it contains, not what process produced it.

“'Residents who drive, drive their vehicles over gas industry waste get it on their tires. From their tires, it ends up in their garages. From garages, to shoes; from shoes, to homes. Gas industry waste ends up in homes."

"It is also not safe for the workers who do the spreading. Because this waste is improperly categorized as non-hazardous, the standards for transporting it are more lax.

“Workers often do not even know the chemicals they are being exposed to. The practice is a lawsuit waiting to happen.”

“And it’s not just the gas corporations that would be liable. Article 1, Section 27 [Environmental Rights Amendment] of the PA Constitution states unambiguously that the State has a responsibility to its citizens.”

“When Pennsylvania policy contradicts this legally-binding Amendment, they open the State up to legal liability in potentially-costly lawsuits.

“To avoid such costs, the fiscally responsible thing to do would be to not permit activity, such as spreading radioactive waste on roads, that so obviously contradicts the Pennsylvania Constitution.”

Pike said the road dumping issue has to be studied in the context of the overall very poor compliance record of the conventional oil and gas industry.

He pointed to a December 2023 DEP study that found “non-compliance” is an “acceptable norm in the conventional oil and gas industry.” [Read more here.]

“If you respond to this crisis by only setting slightly stricter guidelines for road spreading, the track record of this industry indicates that the guidelines would not be followed. Only a full ban enforced with fines would be effective.”

“The second criteria I look for in determining which policies are low-hanging fruit is whether they have a broad public consensus. Such a consensus exists on this issue.

“I have yet to hear a single resident say they support road spreading of gas industry waste. The only people I know of who support this practice have a financial incentive to do so.”

“The solution is clear: make the practice of road spreading of gas industry waste illegal, and enforce it with fines. We’re not breaking new ground here. We’re just closing a loophole.”

Pike said a recent letter from Pennfield Energy obtained by the Better Path Coalition from DEP through a Right to Know request shows road spreading isn’t being properly reported.

The letter said in part-- “Pennfield has obtained a Co-Product status instead of Waste with our brine. What this means is you don’t have to report spreading and it can be spread all year round.”

[Note: No conventional oil and gas well owner has obtained coproduct status from DEP. Read more here.]

“This evidence shows that some road spreading was not being properly reported. Therefore, it is not unreasonable to wonder if a reduced amount of road spreading may continue in defiance of the new categorization by DEP. Regulatory changes are also impermanent as compared to laws.”

“I ask you to take seriously the stories you have heard today from the scientists who study these impacts which you would not see in Philadelphia or Harrisburg.

“I assure you that the impacts are real, and the families affected are very real as well.

“This industry has not been a good neighbor to a lot of Pennsylvanians.”

“It is true that the waste is cheaper than a commercial product. I’m sure it would be cheaper for any industry to dump their waste on the road instead of disposing of it properly.

“It would be cheaper for me, too, but instead of dumping my garbage in the street, I pay my waste bill and put it in a bin.

“It’s always cheaper to do something improperly than to do it properly. But that doesn’t make it the right thing to do.

“If I dump my household waste in the street, it inconveniences and endangers all of my neighbors, and I get fined.

“All I’m asking is that you apply the same standards to the gas industry as you do to me.”

“We should all be able to agree that dumping radioactive garbage in streets is bad policy.”

Click Here for Tom Pike’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]