AquaSalina

AquaSalina is a salt deicer made from produced water (or brine) at Duck Creek Energy's vertical oil and gas wells. It is then filtered in Cleveland, Ohio and Mogadore, Ohio.[1][2] The Ohio Department of Transportation approved AquaSalina in 2004,[3] and it has been sold at Lowe's and elsewhere.[4]

In the winter of 2017–2018, the Ohio Department of Transportation sprayed over 500,000 gallons of AquaSalina deicer on highways.[1] In the 2018–2019 winter they applied over 620,000 gallons of it.[2] In 2018–2019 they applied nearly 800,000 gallons.[5]

In 2017 the Ohio Department of Natural Resources (ODNR) tested samples and found high radium levels, as has a Duquesne University scientist, who called it "a nightmare". While ODNR's tests indicated the results were 300 times higher than allowed in drinking water and above the levels allowed for the discharge of radioactive waste, it met their standards to be used as a deicer.[1] Specifically, 0.005 picocuries per liter of radium is allowed for disposal, but there is no limit for spreading on roadways. The ODNR samples contained between 66 and 9602 picocuries per liter, including one sample that was higher than raw brine.[2][5]

Several bills have been introduced in the Ohio legislatures from 2017 to 2019 to consider brine deicers a commodity, rather than toxic waste, to exempt them from ODNR testing.[2][6]

Fracking water lawsuit

Duck Creek Energy won a defamation lawsuit in 2013 against two individuals who said AquaSalina was "frac waste" or "fracking water". AquaSalina's source is vertical oil and gas wells, not fracking wells. They were allowed to continue describing it as "toxic". The ruling made a distinction stating AquaSalina "is" versus "contains" fracking water.[7][3]

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References
  1. Kuzydym, Duane Pohlman & Stephanie. "Serious questions about radioactive element in highway de-icer". WKRC. Retrieved 22 January 2020. The Ohio Department of Natural Resources (ODNR) tested AquaSalina for radioactivity and, in June and July of 2017, issued reports finding, on average, AquaSalina contains radium levels at 300 times higher than the federal standard for safe drinking water.
  2. McCarty, James F. (10 February 2019). "Radioactive road deicer rules under review by Ohio legislature; debate over public safety continues". The Plain Dealer. Members of the state legislature rejected the reports’ findings, introducing a law last year that would ease regulations on AquaSalina, treating it as a commodity rather than toxic waste derived from oil- and gas-drilling operations. The law would also prevent ODNR from imposing any additional requirements.
  3. "Brecksville-based energy company wins defamation lawsuit". Akron Beacon Journal. November 11, 2013. Duck Creek Energy, based in Brecksville, Ohio, created AquaSalina(TM) in 2003 and received approval for its use as a deicer and dust suppressant from the Ohio Department of Natural Resources in 2004.
  4. Hopey, Don (July 2, 2018). "Radium found in commercial roadway de-icing, dust suppression brine". Pittsburgh Post-Gazette. Among the sites where the ODNR obtained AquaSalina for testing in June 2017 was a Lowe’s home improvement store in Canton, Ohio, and a hardware store in Hartville, Stark County, south of Akron.
  5. Burger, Beth (October 23, 2019). "Environmentalists question use of radioactive brine waste to treat roads". The Columbus Dispatch. Data from state testing shows that in at least one case there were 9,602 picocuries per liter for combined amounts of radium-226 and radium-228. The lowest level was 66. Environmentalists note that Ohio law allows no more than 0.005 picocuries of radium per liter of oil and gas fracking waste to be placed in landfills in the state. Yet state law allows for processed brine waste to be spread on Ohio’s roadways without a cap on its radiation levels because the state claims it is a naturally occurring byproduct.
  6. Nobel, Justin (21 January 2020). "America's Radioactive Secret". Rolling Stone. Meanwhile, Ohio is pushing forward with legislation to protect the practice of brine-spreading. State Senate Bill 165 would slash environmental safeguards and make it easier for products like AquaSalina to be developed. In Pennsylvania, Lawson’s case had led the state’s DEP to acknowledge brine-spreading violated environmental laws, and the practice was halted last year. But Pennsylvania House Bill 1635 and Senate Bill 790 unsuccessfully tried to greenlight brine-spreading again, and even restrict the DEP’s ability to test products. In October, the state Senate passed the bill without debate; its fate remains up in the air in the state’s House of Representatives.
  7. Shingler, Dan (1 December 2013). "Calling a deicer 'toxic' leads to heated exchanges". Crain's Cleveland Business. The court cited the difference, saying the product 'contains' fracking water as opposed to saying it 'is' fracking water. Statements the women made that AquaSalina is “toxic” or that it contains harmful levels of benzene also did not result in a judgment against them, in part because the court said those were matters of opinion. But the court did rule that the women were wrong to tell others that AquaSalina is fracking water, and that they made statements they knew or should have known were false. It found the women sent emails and that 'statements that AquaSalina is "frac water" or a by-product thereof were published with actual malice.'

Further reading
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