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Delaware River Basin Commission Regulatory Actions and Developments
This section represents a collection of actions and developments by the Delaware River Basin Commission that address hydraulic fracturing in the Delaware River Basin. Where possible, the Center has provided viewable copies of these actions and developments. Nevertheless, it may be necessary to access some of these materials through an online legal research database.
DRBC Regulatory Actions
Notice of proposed rulemaking and public hearing: Importations of Water into and Exportations of Water from the Delaware River Basin; Discharges of Wastewater from High Volume Hydraulic Fracturing and Related Activities (86 FR 66250) (Nov. 22, 2021) The public comment period closed on Feb. 28, 2022.
- News Release: DRBC Publishes Proposed Regulations Addressing Importation and Exportation of Water and the Discharge of Wastewater from High Volume Hydraulic Fracturing (Oct. 28, 2021)
On February 25, 2021, the Delaware River Basin Commission (DRBC) adopted final regulations banning high-volume hydraulic fracturing operations within the Delaware River Basin through an amendment of the Commission’s Comprehensive Plan.
Final Rule: Comprehensive Plan and Special Regulations with Respect to High Volume Hydraulic Fracturing; Rules of Practice and Procedure Regarding Project Review Classifications and Fees (86 FR 20628) (Apr. 21, 2021) This final rule became effective on May 21, 2021.
- News Release: New DRBC Regulation Prohibits High Volume Hydraulic Fracturing in the Delaware River Basin; Wastewater Importation and Water Exportation Rule Amendments to be Proposed (Feb. 25, 2021)
- Resolution for the Minutes (Feb. 25, 2021) This resolution directs the DRBC Executive Director to develop and publish draft rules addressing the importation of hydraulic fracturing wastewater into the Basin and the exportation of water used for hydraulic fracturing outside of the Basin as initially proposed in the draft regulations.
Letter Re: Delaware River Basin Commission Proposed Rules on High Volume Hydraulic Fracturing from New Jersey Governor, Philip D. Murphy to DRBC Executive Director, Steven J. Tambini (Jan. 28, 2019) Governor Murphy announced his support for a full ban on all hydraulic fracturing-related activities in the Basin.
- FAQs: Revised Draft Rules Addressing Hydraulic Fracturing Activities Within the Delaware River Basin
Press Release – “DRBC Expands Public Input Opportunities on Revised Draft Hydraulic Fracturing Regulations” (Jan. 8, 2018)
Press Release – “DRBC Publishes Revised Draft Regulations Addressing Hydraulic Fracturing Within the Delaware River Basin (Nov. 30, 2017)
Resolution for the Minutes (Sep. 13, 2017) The Commission decided to prepare and public revised draft regulations addressing natural gas development by Nov. 30, 2017.
- Press Release – “DRBC Approves Resolution to Public Revised Draft Rules Addressing Natural Gas Development Activities within the Delaware River Basin” (Sep. 13, 2017)
- FAQs: Resolution to Publish Revised Draft Rules Addressing Natural Gas Development Activities within the Delaware River Basin
DRBC Minutes (Dec. 8, 2011) The Commission decided to postpone its consideration of applications for water withdrawals within the State of New York to serve natural gas development activities, pending completion of New York’s environmental quality review process.
Natural Gas Development Regulations Draft (Nov. 8, 2011)
- Revised Draft Natural Gas Development Regulations Fact Sheet
- News Release: DRBC Postpones November 21 Special Meeting
Draft Natural Gas Development Regulations (Dec. 9, 2010)
- “At-a-Glance” Fact Sheet on Draft Natural Gas Development Regulations
- News Release: DRBC Extends Comment Period on Draft Natural Gas Development Regulations
- DRBC Draft Natural Gas Regulations Presentation Given at February 22 and 24, 2011 Public Hearings
- DRBC Draft Natural Gas Regulations Presentation to Upper Delaware Council (UDC) Project Review Committee
- News Release: DRBC Announces Public Hearing on Draft Natural Gas Regulations
- News Release; DRBC Publishes Draft Natural Gas Regulations – 90-Day Written Comment Period Schedule
- Notice of Proposed Rulemaking
DRBC Minutes (May 5, 2010) The Commission unanimously approved a resolution directing staff to develop new natural gas development regulations prior to considering any application for natural gas wells.
Delaware River Basin Commission – Final Order (Approved, May 1961)
DRBC Research Developments
Pre Natural Gas Drilling: Baseline Monitoring Report for the Delaware River (2017)
Toxicity Tests for Baseline Monitoring of Water Quality in Upper Delaware River Basin: Summary Report, Delaware River Basin Commission (Aug. 2013)
Ecotoxicity Study for Mayflies Exposed to Ambient Stream Water from the Upper Delaware River Basin, Reference Toxicant, and to Produced-water From Natural Gas Drilling, Stroud Water Research Center Publication Number 2013003 (Aug. 1, 2013; submitted to the DRBC)
Ambient Water Toxicity Test, American Aquatic Testing Inc. (2012)
Sodium Chloride Reference Toxicant, American Aquatic Testing Inc. (2012)
Produced Water Toxicity Tests: Dyberry Creek Water, American Aquatic Testing Inc. (2012)
Produced Water Toxicity Tests: White Clay Creek Water, American Aquatic Testing Inc.
Monitoring for Baseline Radiochemistry Before Natural Gas Development in the Delaware River Basin, Delaware River Basin Commission (Oct. 2015)
