By a vote of 4-0, with the federal government abstaining, the Delaware River Basin Commission (DRBC) approved a final rule prohibiting the discharge of wastewater from high volume hydraulic fracturing (fracking) to water or land in the Delaware River Basin.
The governors of Delaware, Pennsylvania, New Jersey and New York are members of the commission that regulates a watershed that provides drinking water for millions of people.
The upper reaches of the river basin have shale formations where fracking for natural gas is possible. Most fracking in the region takes place in western Pennsylvania.
Commission Resolution No. 2022–04 which prohibits the discharge of wastewater from fracking to land or water throughout the basin
Resolution No. 2022–04 also strengthens DRBC policies concerning the exportation and importation of water, including wastewater, into and from the basin and provides greater detail for implementation.
Resolution No. 2022–04 discourages, limits and places conditions on water importation and exports. The resolution recognizes the Delaware River Basin’s limited water quantity, susceptibility to drought, and limited capacity to handle wastewater.
“The DRBC Commissioners have taken a bold step to protect our basin’s exceptional water resources,” said Steve Tambini, DRBC executive director. “Adoption of these rules by the Commission is a joint action of four states and the federal government, confirming the significant and vital role our shared water resources play in the lives of more than 13 million people,” Tambini noted.
The DRBC held five public hearings on the draft rules and received thousands of comments and petitions. The DRBC staff and Commission member agencies reviewed and evaluated all comments,
At a previous meeting, the commission approved a final rule prohibiting the practice of fracking in the basin. At the same meeting, the commission directed the Executive Director to prepare the rules adopted.
“We appreciate the robust public engagement, the input from the DRBC’s state and federal members, and the careful deliberation by the commissioners throughout this process,” Tambini said.
Critics of fracking are still calling on the commission to issue a complete ban on the practice, which involves injecting sand, water, and chemicals into shale deposits to extract natural gas. The commission’s earlier action survived a federal court challenge from Republican legislators and municipalities.
The five commission members are the governors of the basin states (Delaware, New Jersey, New York and Pennsylvania) and the commander of the U.S. Army Corps of Engineers North Atlantic Division, who represents the federal government. The commission’s website is www.drbc.gov.
