DEP To Allow The Use Of Contaminated Water From New 'Mineral Brine' Conventional Wells On Roads, While Prohibiting Contaminated Water With The Same Harmful Pollutants On Roads From Other Conventional Oil & Gas Wells

Posted Monday, October 5, 2026 9:01 pm

David E. Hess (via PA Environmental Digest)

On October 5, the Department of Environmental Protection confirmed contaminated water produced by both conventional oil and gas wells and "mineral brine" wells contain the same hydrocarbons, salts, heavy metals, and other potential pollutants that can potentially harm water quality and drinking water supplies.

The comments were made by Seth Pelepko, DEP Deputy Secretary for Oil and Gas Management, before the House Environmental and Natural Resources Protection Committee at a hearing discussing road spreading of contaminated water from conventional oil and gas wells.

Pelepko said it has not approved the use of contaminated water from regular conventional oil and gas wells on roads for dust control and other uses because "contemporary studies demonstrate that the application of these brines has the potential to impact waters of the Commonwealth, including drinking water supplies."

"Studies have also looked at the effectiveness of using brine as a dust suppressant, and some research suggests that treating a dirt or gravel road with brine is no more effective than using plain water or not treating the road surface at all," Pelepko said. "In some cases, this practice may be deleterious with regard to dust suppression and roadway stability."

In May, Peleopko said DEP issued a “mineral brine” permit to BCD Properties in Erie County authorizing the drilling of a new conventional oil and gas well for the production of brine as the primary “product” of the well.

DEP called any oil or gas produced by the new well a “waste” in the “mineral brine” permit. Read more here.

Pelepko said DEP does plan to allow contaminated water from "mineral brine" wells to be used on roads with the same potentially harmful pollutants under a new program it is developing that will regulate users "to ensure that it is both effective for the intended end use and that its use will not impact the environment, and public health and safety."

[Note: In June 2024, DEP told the House Environmental Committee, it supports a ban on road dumping oil and gas wastewater and prohibiting its consideration as a “product” under Residual Waste Regulations. Read more here.

[House Bill 84 (Vitali-D-Delaware) that would ban road dumping was reported out of the House Environmental Committee on June 8, 2026 and Tabled. Read more here.]

Click Here for DEP’s written testimony.

It Doesn’t Make Sense

Environmental groups and the conventional oil and gas industry have been critical of DEP’s decision to issue the “mineral brine” permit for different reasons.

The FracTracker Alliance has formally appealed the “mineral brine” permit issued to BCD Properties in McKean Township, Erie County. Read more here.

“This permit raises urgent questions about whether PA DEP has created a new loophole for the commercial sale of highly saline subsurface water that can contain radioactive materials, metals, and other contaminants,” said Shannon Smith, Executive Director of FracTracker Alliance.

“If brine from conventional oil and gas wells is too risky to spread on roads when it is managed as oil and gas wastewater, DEP should not allow the same or similar material to evade scrutiny simply because it is relabeled as ‘mineral brine.’”

David Hill, from Hill Drilling, told DCED’s PA Grade Crude [Oil] Development Advisory Council on August 20-- “Well, I guess what doesn't make sense to me is you're going to drill a brine [contaminated water] well and down the road 10 miles you have a production [conventional oil and gas well] that's producing brine [contaminated water], which is essentially the same thing.

“But the water from the [mineral] brine well can be used for other applications, whereas the water from the production of the oil and gas wells can't.

“It doesn't make sense.” Read more here.

2.4 Million Gallons So Far

Pelepko told the House Committee two companies now produce “mineral brine” as a “product” from four conventional oil and gas wells-- Seneca Mineral Company and BCD Properties.

Seneca Mineral Company has three conventional wells in Erie County that reported producing 2.4 million gallons of “mineral brine” in 2025 used by “several dozen municipalities in DEP’s Northwestern Region.”

Pelepko said these wells are 60 to 70 years old and “target the Oriskany Sandstone—a geologic unit that is known to produce both gas and brine depending on the well location.”

[In April 2025, Arthur Stewart, Cameron Energy, noted Seneca Mineral Company was able to get DEP approval for converting a played-out conventional gas well into a mineral brine well in 2007. Read more here.]

BCD Properties received a “mineral brine” conventional oil and gas well permit in May and just completed drilling the well.

Pelepko said the BCD well targets the “the Oriskany Sandstone, Salina Group, and Lockport Dolomite,” again all known oil and gas producing geology.

Shannon Smith, Executive Director of FracTracker Alliance, noted at the hearing BCD has a regular conventional oil and gas well about 500 feet away from the new “mineral brine” conventional well producing the same materials-- natural gas and “brine,” yet this well must treat its brine as a “waste.”

Smith said BCD Properties has not reported any waste data for any of the 101 active oil and gas wells it operates since 2017 [the last reporting year before DEP’s Oil and Gas Program prohibited the practice of road spreading conventional oil and gas well wastewater as a result of an Environmental Hearing Board appeal settled in 2018. Read more here.]

Video Of BCD Properties Road Dumping

Smith provided the Committee with a video of a BCD Properties tank truck spreading contaminated water from its conventional oil and gas well on a dirt road in Erie County in June 2025.

“I called the township supervisor, who told me the brine came from a “DEP-approved well” owned by BCD Properties,” said Smith.

“I looked into it and found that DEP had sent BCD Properties, Inc., a letter on April 16, 2025 stating that its coproduct determination for a nearby well in Erie County, the Danylko 4 well [the sister-well 500 feet from the “mineral brine” just approved] did not meet Pennsylvania’s [Residual Waste] regulatory requirements.”

“I filed a formal complaint with DEP’s Waste Management Program. DEP determined that the Danylko 4 brine could not be used for road spreading as a coproduct, and the remaining material was ultimately removed and sent to an injection well in Ohio.

“I do not fault local officials for not being experts in Pennsylvania residual waste law. They should be informed, clearly and in advance, whether a material being marketed to them may legally and safely be applied to a public road.”

Smith noted the illegal road spreading of contaminated water from conventional oil and gas wells continues.

Difficult To Monitor And Enforce

“DEP’s own experience shows how difficult it is to monitor road spreading when the system depends so heavily on operators reporting it themselves,” said Smith

“FracTracker recently analyzed Pennsylvania’s 2025 oil and gas production and waste data.

“DEP confirmed that it received no information about waste generation or disposal for approximately 81,000 conventional oil and gas wells that year. More than 56,000 of those wells reported oil or gas production but no waste information.

“DEP has acknowledged this reporting gap and is considering changes to its reporting system, including requiring operators to explain when no waste is reported.” [Note: As long as oil and gas wells are producing, they produce waste.]

“These gaps make it difficult to know how much oil and gas wastewater is being generated, where it is going, and whether it is being managed appropriately.

“DEP should investigate reporting gaps, require operators to correct incomplete reports, and take enforcement action—including civil penalties—when violations of waste-reporting requirements are established,” said Smith.

“DEP itself recognized the larger problem in testimony before this Committee in 2024.

“The Department said road spreading of brine was not an authorized practice, described concerns about contaminants reaching surface water and drinking-water supplies, and noted that conventional brine had not been authorized by its Oil and Gas Program for dust suppression since 2017.

“Most importantly, DEP testified that ‘the Administration is supportive of this clear ban on the practice.’”

[House Bill 84 (Vitali-D-Delaware) that would ban road dumping was reported out of the House Environmental Committee on June 8, 2026 and Tabled. Read more here.]

Click Here for Shannon Smith’s written testimony.

Science Says Don’t Do It

Dr. William Burgos, a Professor of Environmental Engineering at Penn State University, presented his findings to the Committee from extensive research on contaminated water from conventional oil and gas wells and shale gas wells since 2015.

Among the findings of Penn State research are--

-- At Least 25 Pollutants Above Safe Levels: 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.]

-- Produced Water From Regular Conventional Wells Have High Radioactive Radium Levels: Produced waters from conventional oil and gas wells contain elevated concentrations of radium, a known carcinogen, and other contaminants of concern, specifically radium activity was found to be in a range from 1,000 to 8,000 pCi/L when the EPA drinking water standard is 5 pCi/L

-- Intentionally Produced “Mineral Brines” Have High Radioactive Radium Levels: Brines sourced from conventional oil and gas wells and sold commercially for dust suppression and ice control also contain elevated concentrations of radium. Specifically, Seneca Mineral Company LS25 “product” has radium activity of 1,900 pCi/L. The EPA standard is 5 pCi/L.

-- Contaminated Water From Conventional And Shale Gas Wells Essentially The Same: Contaminated water from conventional and unconventional oil and gas wells in Pennsylvania are not substantially different. In 2016, DEP adopted a regulation prohibiting the road spreading of contaminated water from shale gas wells because of the potential environmental impacts of the pollutants it contains.

-- Land Application of Contaminated Water From Conventional Oil & Gas Wells Into Unlined Pits Was Shown To Be An Unacceptable Disposal Practice and Discontinued As A Result Of A 1996 Study

-- Contaminated Water From Conventional Oil & Gas Wells Are Not Effective Dust Suppressants Because Of Their High Sodium Concentrations

-- Contaminated Water From Conventional Oil & Gas Wells Fail To Meet EPA’s Criteria For Beneficial Reuse

-- Contaminated Water From Conventional Oil & Gas Wells Are No More Effective Than Rainwater In Suppressing Dust From Dirt and Gravel Roads

In a Senate hearing in 2024, Dr. Burgos said, “There’s no more research that needs to be done” to justify adopting a state ban on the road dumping of conventional oil and gas wastewater.

Adding-- “There is no public benefit to road spreading O&G PWs [oil and gas wastewater]…. It is all risk, no reward. The only beneficiaries are the O&G [oil and gas] operators who choose this disposal option.” Read more here.

Click Here for written testimony from Dr. Burgos.

Fails Environmental Standards For Use On Dirt/Gravel Roads

Erie Chase, an Assistant Teaching Professor and Assistant Director of the Penn State Center for Dirt and Gravel Road Studies, coordinates the research supporting Pennsylvania's $35-million Dirt, Gravel and Low-Volume Road Maintenance Program, which implements Environmentally Sensitive Maintenance Practices to reduce the environmental impacts and long-term maintenance costs on publicly owned roads.

Chase said contaminated water produced by conventional oil and gas wells fails “multiple environmental testing protocols required for Program approval, posing a risk of environmental harm.”

“They are also ineffective at suppressing dust and can destabilize the road surface, driving up long-term maintenance costs. For these reasons, O&G produced waters would not qualify for use or funding within the Program,” Chase said.

“Repeated use of O&G produced waters can load the road matrix with chloride, which depresses the freezing point of water held in the roadbed and surface,” explained Chase. “This depression of the freezing point causes the road to thaw earlier in the spring and increases the number of freeze-thaw cycles compared to an untreated road. Freeze thaw cycles can lead to road heaving, rutting and generally unstable road surface conditions.”

“The Program does not recommend using any chloride-based products for winter maintenance of dirt and gravel roads.”

“O&G produced waters also raise significant environmental concerns due to the chemicals they contain,” said Chase.

“A 2018 study on the chemical composition of conventional O&G produced waters spread on Pennsylvania roads found elevated concentrations of total dissolved solids (TDS), chloride, bromide, radium, barium, and, in some cases, petroleum hydrocarbons.”

He noted the Seneca Mineral Company’s LS25 “product” has chloride concentrations of 182,000 mg/L, more than 700 times the 250 mg/l drinking water standard for chloride, which the Center uses for a standard For reference, he said, seawater runs around 20,000 mg/L.

“Chloride at these concentrations also poses a direct aquatic toxicity risk.”

“The Program's product approval process includes aquatic toxicity testing on rainbow trout, and the USEPA has shown chloride to be toxic to trout species at levels 20 times lower than those found in O&G produced waters.”

“Their use on Program-funded projects runs counter not only to the Program's fundamental goals, but to the law that created it,” Chase added.

Click Here for Eric Chase’s written testimony.

Other Testimony/Written Comments

Testimony on this issue was also presented by--

-- Holly Fishel, PA Association of Township Supervisors

-- David E. Hess, Former Secretary of the Department of Environmental Protection

Written comments were submitted by

-- Siri Lawson, Resident, Warren County

-- Lauren Posey, Protect PT

-- Steven Hvozdovich, Clean Water Action

-- Patrick Henderson, Marcellus Shale Gas Coalition

-- Stephanie Catarino Wissman, American Petroleum Institute - PA

Click Here to watch a video of the hearing.

Rep. Greg Vitali (D-Delaware) serves as Majority Chair of the House Environmental & Natural Resource Protection Committee and can be contacted by calling 717-787-7647 or sending email to: gvitali@pahouse.net. Rep. Jack Rader, Jr. (R-Monroe) serves as Minority Chair and can be contacted by calling 717-787-7732 or click here to send an email.

Resource Links:

-- Conventional Oil & Gas Industry: DEP Decision To Approve Unrestricted Use Of Contaminated Water From Oil & Gas ‘Mineral Brine’ Wells Clears The Way For Uncontrolled, Free Disposal Of Contaminated Water At Public Expense And Risk [PaEN]

-- FracTracker Alliance Appeals DEP Conventional Oil & Gas Mineral Brine Well Permit Due To Concerns The Permit Creates A New Loophole For Disposing Of Contaminated Groundwater Without Testing Or Restrictions On Its Use [PaEN]

-- 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 [PaEN]

Resource Links - Conventional Contaminated Water 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]