House Natural Resources Committee hears bill to ban road application of oil-and-gas brine

Representative Brennan and Representative Tristan Rader told the House Natural Resources Committee that House Bill 439 would bar surface application of oil-and-gas liquid waste — commonly called brine and sold in some markets as products such as Aquasalina — on roads and highways across Ohio.

"No Ohioan should have to wonder whether the salt truck driving down their street is spreading toxic radioactive waste in the name of winter safety," Representative Brennan said during sponsor testimony. She cited an Ohio Department of Natural Resources finding that such waste contains radioactive material and heavy metals and referenced public-health concerns raised by the Centers for Disease Control and Prevention.

The sponsors said state and federal data show measurable radioactivity in some brines. Representative Rader told the committee that observed radium levels in these wastewater products range from about 66 to 9,602 picocuries per liter and said the product Aquasalina tested at more than 300 times the level that would be acceptable for landfill disposal. Rader also said the Ohio Department of Transportation used roughly 308,000 gallons in 2021 before discontinuing the product.

Sponsors argued the bill would align state law with existing ODOT and Ohio Turnpike Commission practice and open the market to alternatives, including biodegradable beet-based products and brine made from salt and water. Rader and Brennan said many communities can use existing application equipment and that roughly 120 local jurisdictions still reported using brine; statewide use was described in testimony as about 45,000 barrels (figures cited from agency records).

Committee members pressed sponsors on definition and enforcement. Representative Matthews asked whether the bill’s definition of "brine" might sweep in legitimate, low‑risk products; sponsors said they would work with members and experts to refine language to target oil‑and‑gas industry byproducts while allowing safe alternatives. Representative Rogers asked how civil and criminal penalties would be enforced; sponsors replied the Ohio Department of Natural Resources (ODNR) would enforce under its existing reporting and enforcement processes and that enforcement is expected to be largely complaint-driven, with sponsors agreeing to review penalty language for alignment with ODNR authority.

Sponsors also identified local examples of jurisdictions that stopped using brine after learning of risks and noted an Ohio hauler who plans to testify at a later hearing about occupational health concerns.

The committee heard sponsor testimony only; no vote on House Bill 439 occurred at this meeting.