Democratic state Senators want to end wastewater dumping on Pennsylvania roads

Democratic senators Katie Muth (D-Montgomery) and Carolyn Comitta (D-Chester) held a hearing Wednesday to explore the issue of oil and gas companies dumping wastewater on Pennsylvania roads. The practice is called road spreading and experts who testified said that, despite a moratorium by the Department of Environmental Protection, it’s still happening around the state as oil and gas companies take advantage of loopholes in the ban.

The Department of Environmental Protection said they were unable to send a representative to the hearing because of scheduling issues, but they provided a written testimony.

“Road spreading of brine is currently not an authorized practice in Pennsylvania and DEP takes enforcement action in instances where it becomes aware of unauthorized spreading,” the department’s statement read.

The production of natural gas and oil produces large amounts of salty wastewater known as “brine.” In the drilling process, water is pumped into the ground to help fracture earth around oil wells. When it returns to the surface, it can contain naturally-occurring contaminants from the earth like lead, arsenic and radium.

What to do with that wastewater has long been an issue for oil and gas producers. Environmental regulations govern where and whether it can be dumped back into waterways, and treating it and disposing of it in landfills can be costly.

One novel use of that wastewater is to provide it for little or no cost to townships to use as a dust suppressant or de-icing agent on gravel roads. Pennsylvania has more than 25,000 miles of unpaved roads.

But studies have found the wastewater can often contain harmful chemicals.

“Penn state found the amounts of at least 25 of the chemicals they tested for exceeded environmental and health standards,” said David Hess, the former Secretary for the Pennsylvania Department of Environmental Protection.

Dr. Bill Burgos, who conducted the Penn State study Hess discussed, also found that while road spreading may temporarily stop dust from spreading from dirt and gravel roads, over time it can degrade them more than commercially available products.

“You can’t put a sodium-rich brine on a gravel road unless you want to destroy your road,” Burgos said.

While the practice is supposedly banned by the Pennsylvania Department of Environmental Protection, testifiers claimed it’s still ongoing.

Siri Lawson, who led a lawsuit against the Department of Environmental Protection that led to the moratorium, said she continues to witness road spreading in her town.

“Over the past month, in dry weather and well above freezing, I have photographed numerous roads coated with fresh, distinctive, well head wastewater,” Lawson said in written testimony. 

She said the practice in her town has destroyed roads, killed aquatic life in farm ponds and even affected wells as the chemicals flowed off roads. Lawson was the lead plaintiff in a lawsuit that led to the DEP ending the practice. In its written testimony, the DEP confirmed there are serious concerns about wastewater’s negative effects on the environment.

For its part, the DEP said it is investigating oil and gas producers it believes may still be conducting the practice, and requires those companies to report on what happens to wastewater it produces.