Delaware • New Jersey • Pennsylvania
New York • United States of America
- Proposed Rulemaking: September 2017 Resolution
- Proposed Rulemaking: November 2017 Publication
- Proposed Rulemaking: January-March 2018
- Proposed Rulemaking: Public Comments Received
- Final Action on Proposed Rulemaking: February 25, 2021
On September 13, 2017, the Commission approved a resolution at their regularly scheduled business meeting to publish revised draft rules addressing natural gas development activities within the Delaware River Basin.
- View News Release
- View Resolution (pdf 257 KB)
- View FAQs (pdf 630 KB)
On November 30, 2017, the Commission posted on its web site the draft proposed regulations regarding hydraulic fracturing activities in the basin and the schedule of planned public hearings and written comment period.
Proposal Summary:
The Commission proposed to amend its Special Regulations by the addition of a section on hydraulic fracturing in shale and other rock formations, including:
- The prohibition of high volume hydraulic fracturing (HVHF) in such formations;
- Provisions related to water use for hydraulic fracturing; and
- Provisions related to the management of produced water from hydraulic fracturing.
The Commission also has proposed to amend its Administrative Manual – Rules of Practice and Procedure by the addition of project review classifications and fees related to the management of produced water from hydraulic fracturing of hydrocarbon bearing rock formations.
Minor amendments to the project review classifications unrelated to hydraulic fracturing have also been proposed.
Notice of Proposed Rulemaking and Proposed Rules:
- Notice of Proposed Rulemaking and Public Hearing - Includes Background Information (pdf 532 KB)
- Special Regulations Part 440 - Hydraulic Fracturing in Shale and Other Formations (pdf 351 KB)
- Revisions to the Commission’s Classification of Projects for Review set forth at 18 CFR 401.35 (pdf 303 KB)
- Revisions to the Commission's Regulatory Program Fees set forth at 18 CFR 401.43 (pdf 316 KB)
Proposed Guidance and FAQ:
- Guidance for Determining Background Concentrations in Surface Waters (pdf 424 KB)
- FAQ: Revised Draft Rules Addressing Hydraulic Fracturing Activities within the Delaware River Basin (pdf 773 KB)
State and Federal Register Notices:
Links to the state and federal register notices concerning the proposed rulemaking follow.
- Federal Register (pdf 290 KB)
- Delaware Register* (pdf 30 KB)
- New Jersey Register (pdf 194 KB)
- New York State Register* (pdf 269 KB)
- Pennsylvania Bulletin (pdf 163 KB)
*Please note that the Delaware and New York State register notices were published before the Commission announced in January 2018 an expansion of the public process by the addition of two hearings (February 22 in Schnecksville, PA and March 6 by telephone) and an extension of the written comment period through March 30. (See next section)
On January 8, 2018, DRBC announced that the period for written comment on proposed regulations regarding hydraulic fracturing activities in the basin has been extended from Feb. 28 to March 30, 2018 and that additional public hearings also have been scheduled in February and March.
On Friday, March 30, 2018, the 120-day comment period closed on this proposed rulemaking.
During the comment period the Commission received a total of 8,903 comment submissions.
Public Submissions on the Proposal: Online
The DRBC received 8,679 written submissions on-line through its online comment system. These submissions are available for review and download at http://dockets.drbc.commentinput.com/?id=PGChb.
The individual submissions fall into a variety of formats that include, but are not limited to:
- Letters from individuals;
- Municipal Resolutions;
- Petitions;
- Single pdfs with multiple attached letters; and
- Form letters
In most cases, each single submission represents several comments, each of which will be categorized and considered by the Commission’s review team.
Public Submissions on the Proposal: Public Hearing Comments
The Commission received 223 oral comments during our six public hearings.
Public Hearing Transcripts:
- Hearing #1: January 23, 2018 - 1 p.m. (pdf 486 KB)
- Hearing #2: January 23, 2018 - 6 p.m. (pdf 268 KB)
- Hearing #3: January 25, 2018 - 1 p.m. (pdf 1 MB)
- Hearing #4: January 25, 2018 - 6 p.m. (pdf 654 KB)
- Hearing #5: February 22, 2018 - 3 p.m. (pdf 291 KB)
- Hearing #6: March 6, 2018 - 1:30 p.m. (pdf 374 KB)
The Commission also received one (1) set of written comments in hard copy, through the exception process.
The Commission took time to review and consider the oral comments and written submissions received, determine whether any changes based on the comments are appropriate, and prepare a response document.
After a deliberate and extensive rulemaking prcoess, on February 25, 2021, the DRBC approved a final rule prohibiting high volume hydraulic fracturing (HVHF) in the Basin.
In a separate action, the Commissioners directed the executive director to propose amendments to update the Commission’s rules concerning importation of wastewater from outside the basin and exportation of basin waters.
Learn more about the rulemaking approved February 25, 2021
Related Resources:
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P.O. Box 7360, West Trenton, NJ 08628-0360
Phone (609)883-9500; Fax (609)883-9522
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