Resolution approved by Delaware, New York and Pennsylvania governors authorizes rulemaking that will consider possible prohibitions on horizontal drilling and fracturing in Delaware River basin

On September 13, 2017 the Delaware River Basin Commission (DRBC)  announced a vote in favor of a resolution to issue draft regulations on production of natural gas from the Delaware River Basin. The resolution was voted in favor by Delaware, New York, and Pennsylvania, opposed by the federal government, and abstained by New Jersey.

The resolution will consider prohibitions on the production of natural gas through horizontal drilling and hydraulic fracturing within the Basin. The resolution also discusses provisions for safe storage, transportation and disposal of wastewater into the Basin from areas where natural gas production is permitted. The final component of the resolution is a call for regulation of inter-basin transfer of water and wastewater where natural gas development is permitted.

The resolution is procedural and initiates a new phase in the rulemaking process. The commissioners did not adopt natural gas development regulations at the Sept. 13 meeting, the DRBC pointed out in a press release.

As directed by the approved resolution, the revised draft rules to be published no later than Nov. 30 will include prohibitions related to the production of natural gas utilizing horizontal drilling and hydraulic fracturing within the Delaware River Basin. The revised draft regulations will also include provisions to ensure the safe and protective storage, treatment, disposal or discharge of hydraulic fracturing-related wastewater where permitted and provide for the regulation of inter-basin transfers of water and wastewater for purposes of natural gas development where permitted,” the DRBC said.

The DRBC is a federal-interstate compact government agency that was formed by concurrent legislation enacted in 1961 by the United States and the four basin states (Pennsylvania, New York, New Jersey, and Delaware). Its five members include the basin state governors and the Division Engineer, North Atlantic Division, U.S. Army Corps of Engineers, who serves as the federal representative. The commission has legal authority over both water quality and water quantity-related issues throughout the basin.

The governors of the states surrounding the basin are pleased with the progress made towards reducing oil and gas activity in the area. An article released by News.Delaware.Gov provides insight about the satisfaction expressed from the governors of the neighboring states.

“Today, we are acting to protect a watershed that supplies drinking water to more than 15 million people in one of the most densely populated areas of the country. I believe this resolution preserves water quality and water supply for the residents of the watershed, and will protect this precious resource for generations to come,” said Pennsylvania Governor Tom Wolf.

Those in favor of a fracing ban are displeased that the resolution does not restrict all the components included in natural gas fracturing and production. Those opposed to the resolution are unsatisfied about the economic and energy losses that will result from the resolution, while strict environmental protection, health, and safety regulations are already in place.

Source: DRBC

Tags: ,

Legal Notice