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Delaware River Basin Commission Adopts A Ban On Discharging Wastewater From Hydraulic Fracturing Drilling Operations, Strengthens Rules On Exporting, Importing Water To Support Fracking

On December 7, the Delaware River Basin Commission voted to adopt final regulations banning the discharge of wastewater to the waters or land from high volume hydraulic fracturing drilling operations in the Basin and strengthening rules on exporting and importing water to support fracking.

The states on the Commission unanimously supported the final regulation-- Pennsylvania, Delaware, New Jersey and New York-- but the representative of the federal government abstained.

The Commission did not release a copy of the resolution adopting the final regulations prior to the meeting and stakeholders will be reviewing the final language now posted on the DRBC website.

A description of the Commission’s action was given by Steve Tambini, Commission Executive Director, at the meeting and in a press release after the meeting.

The DRBC said the regulations--

-- Prohibits the discharge of wastewater from HVHF to land or water throughout the Basin to control future pollution, protect public health and preserve the waters of the Basin-- discharges include--

--Any wastewater, brine, or sludge containing chemicals, naturally occurring radioactive materials, heavy metals or other contaminants that have been used for or generated by high volume hydraulic fracturing or HVHF-related activities;

-- Leachate from solid wastes associated with HVHF-related activities, except if the solid wastes were lawfully disposed of in a landfill within the Basin prior to [the effective date of the rule]; and

-- Any products, co-products, byproducts or waste products resulting from the treatment, processing or modification of the wastewater described in paragraphs (1) and (2) of this definition.

-- Strengthens DRBC policies concerning the exportation and importation of water, including wastewater, into and from the Basin and provides greater detail for implementing them;

-- Discourages, limits and places conditions on water importation and exportation to protect the health and safety of Basin residents and preserve Basin waters for aquatic life and other uses; and

-- Recognizes the Delaware River Basin’s limited water quantity, susceptibility to drought, and limited capacity to assimilate wastewater.

Click Here to review the final resolution, regulations, FAQs and other background information.

“I really want to thank you [Commission members] for your thoughtful deliberations and policy decisions to protect the basin's water resources from the risks posed by high volume hydraulic fracturing or HVHF,” said Steve Tambini, Commission Executive Director. “The rule amendments adopted today, combined with the prohibition on HVHF, within the basin adopted in February 2021, address these risks in two powerful and targeted ways.

‘First, by prohibiting high volume hydraulic fracturing anywhere in the Delaware basin. And second, by prohibiting the discharge of wastewater from high volume hydraulic fracturing activities to the lands or waters of the basin.

“With these strong measures, you have distinguished yourselves and the DRBC as national leaders in setting comprehensive regulatory protections for our shared water resources.

“In addition, you strengthen the DRBC's policies concerning the transfer of water and wastewater into and out of the basin. These strong safeguards are based on sound science. They properly focus on the DRBC's mission to manage and protect the basin's water resources, and are rooted in the authorities conferred on the DRBC by the Delaware River Basin Compact,” Tambini added.

The resolution adopted by the Commission outlined the reasons for the ban on drilling wastewater discharges, summarized by Tamini at the meeting--

“The be it resolved section of the resolution first recites certain findings and determinations that also appear in the rule text, which provide that, one, that the waters of the Delaware River Basin are limited in quantity and the basin is frequently subject to drought warnings, drought declarations, and drought operations due to limited water supply storage and stream flow during dry periods.

“In addition, portions of the basin have been delineated by the commission as groundwater protected areas due to water shortages.

“Therefore, it's the policy of the Commission to promote conservation and preservation of the water and related natural resources, including aquatic ecosystems, and effectuate the comprehensive plan and the uses of the water resources of the basin identified therein by discouraging, limiting, or placing conditions on the exportation of basin water as may be required to protect the health and safety of basin residents, aquatic ecosystems, and the uses of the water identified in the compact and the comprehensive plant.

“Two, that basin waters have limited capacity to assimilate pollutants without significant impact to the health and safety of basin residents, the health and functioning of aquatic ecosystems in the basin, and the effectuation of the comprehensive plan.

“Accordingly, it's the policy of the Commission to discourage, limit, or condition the importation of wastewater into the Delaware River Basin as necessary to avoid impairment of Basin waters.

“Three, that the discharge of wastewater from high volume hydraulic fracturing and HV/HF activities poses significant, immediate and long term risks to the development, conservation, utilization, management and preservation of the Basin’s water resources.”

“By controlling future pollution by prohibiting the discharge of wastewater from HV/HF and HV/HF related activities to the waters or land within the Basin is required to effectuate the Comprehensive Plan, avoid injury to waters of the Basin as contemplated by the Comprehensive Plan and protect public health and preserve the waters of the Basin for uses in accordance with the Comprehensive Plan.”

Click Here to review the final resolution, regulations, FAQs and other background information.

For more information on programs, initiatives and upcoming events, visit the Delaware River Basin Commission website. Click Here to sign up for regulator updates. Follow DRBC on Twitter. Visit them on YouTube.

NewsClips:

-- AP: Delaware River Basin Commission Limit Fracking Waste In Delaware River Watershed

-- StateImpactPA - Susan Phillips: Delaware River Basin Commission Bans Fracking Wastewater From Watershed

-- WHYY: Delaware River Basin Commission Votes To Ban Fracking Wastewater Discharges

-- Courier Times/Pocono Record: Water And Fracking - What The Delaware River Basin Commission Bans, Allows Under New Rules

-- Bob Donnan Blog: Comparing How The Delaware River Basin Commission And The Ohio River Valley Water Sanitation Commission Address Shale Gas Industry Wastewater

DEP Public Notice Dashboards:

-- Pennsylvania Oil & Gas Weekly Compliance Dashboard - Dec. 3 to 9 [PaEN]

-- PA Oil & Gas Industrial Facilities: Permit Notices/Opportunities To Comment [PaEN]

-- DEP Posted 50 Pages Of Permit-Related Notices In The Dec. 10 PA Bulletin [PaEN]