Pennsylvania Expands Oil and Gas Wastewater Roadspreading Options
“It’s ridiculous on its face, in my view,” said David Hess, a former DEP secretary, who tracks state environmental actions on the PA Environment Digest blog. Hess was reacting to a quiet permit issued by the department in May that critics warn will make it easier for the industry to dump toxic, radioactive waste directly onto roadways.
The new regulatory pathway allows companies to reclassify conventional or non-fracked oil and gas wells as “mineral brine” wells. Under this designation, operators can sell the salty, radioactive byproduct as a commercial product to suppress dust and melt ice on municipal roadways. While Pennsylvania banned roadspreading wastewater from fracked wells, conventional operators have utilized loopholes to dispose of waste.
Environmental and Health Concerns Raised by Scientists and Residents
For decades, municipal roadspreading distributed heavy metals and radioactive elements such as radium across Pennsylvania roads. A study from Penn State found that roadspreading releases roughly four times more radium into the surrounding environment than wastewater facilities, and 200 times more than isolated spills. Siri Lawson, a resident of Farmington Township in Warren County, blames exposure to oil and gas waste for ongoing respiratory problems. “It seemed to make the dust worse,” Lawson said of the brine applications.
Academic research supports these observations, indicating that oil and gas wastewater controls dust no better than rainwater. The Pennsylvania Independent Oil and Gas Association said last year that the DEP has long conducted analysis of roadspreading and found it safe, only to change course in recent years.
Regulatory Loopholes and Industry Compliance Gaps
State records show that between 2018 and 2024, over 3.5 million gallons of wastewater had been dumped on Pennsylvania roads, according to testimony delivered at a 2024 state Senate hearing by Karen Feridun, co-founder of the Better Path Coalition. Although the DEP reached out to operators listing roadspreading as an intended use, compliance remains a persistent hurdle. A December 2022 agency report highlighted a history of non-compliance within the conventional oil and gas industry.
An August report from the FracTracker Alliance found that roughly 70 percent of Pennsylvania’s conventional oil and gas wells reported oil and gas waste production but no waste. Shannon Smith, executive director of FracTracker, criticized the oversight. “How long do we want to keep being overly generous to DEP about the lack of getting a regulatory framework together?” Smith asked.
Legislative Scrutiny and Future Oversight Plans
Lawmakers and agency officials clashed over the mineral brine permits during a legislative hearing held in early October by the Pennsylvania House Environmental & Natural Resource Protection Committee. Representative Greg Vitali questioned the logic of creating a new category for a substance identical in composition to prohibited waste. Meanwhile, Representative Dallas Kephart noted that well operators would not be able to afford to truck their waste to disposal sites, given the current cost of gasoline.
The DEP stated that it is drafting brine spreading regulations to clarify the process. However, agency staffing levels have failed to keep pace with the natural gas boom, according to a December 2025 report from the Environmental Integrity Project, which found that enforcement actions dropped 57 percent between 2016 and 2024.
Frequently Asked Questions About Pennsylvania Brine Permitting
What is a mineral brine well in Pennsylvania?
A mineral brine well is a reclassified conventional oil and gas well that allows the company to sell brine as its primary product, then sell whatever oil and gas is extracted as waste.
Is roadspreading of oil and gas wastewater legal across the state?
The agency banned roadspreading wastewater from fracked wells, but conventional operators have used loopholes to continue the practice on roadways.
How does radioactive radium enter the environment from roads?
A study from Penn State found that roadspreading releases roughly four times more radium into the surrounding environment than wastewater facilities and 200 times more than isolated spills.
What agencies or organizations are currently challenging the permits?
BCD Properties filed an appeal, and a hearing was held regarding the matter.
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