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Notice of Proposed Rulemaking & 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
View Comments Received on Proposed Rulemaking

During the comment period, which opened October 28, 2021, and closed February 28, 2022, the Commission received a total of 2,461 comment submissions.

Public Submissions on the Proposal: Online

The DRBC received 2,388 written submissions on-line through its online comment system. These submissions are available for review and download at https://hearing.drbc.commentinput.com/?id=x2K8A.

Please click the above link to browse the written submissions received. To find a written submission by name, use the browser’s Ctrl + F function. To download and save the written comments received, click on the "Download" icon and select the destination folder on your computer. Questions? Email Elizabeth.Brown@drbc.gov.

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 73 oral comments during our five public hearings.

Public Hearing Transcripts (all pdfs):

The Commission will take time to review and consider the oral and written comments received, determine whether any changes based on the comments are appropriate, and prepare a response document.

There is no set schedule for a vote by the Commissioners to adopt final rules. As always, the Commission may adopt final rules only at a duly noticed public meeting.

Proposed Rulemaking: Public Notice, News Release & FAQ

On October 28, 2021, the DRBC issued a news release announcing the publication on its web site of proposed amendments to its regulations regarding the importation and exportation of water and wastewater into and from the Delaware River Basin and the discharge of wastewater from high volume hydraulic fracturing.

The DRBC also announced a schedule of public hearings - four virtual public hearings on this proposal in December 2021 (details here; fifth hearing added in January 2022) - and that written comments will be accepted through 5 p.m. on February 28, 2022 (details here; new date).

Notice of Proposed Rulemaking & Public Hearing (published 10/28/21)

Written Comment Deadline (extended 11/16/21)

  • On November 16, 2021, the DRBC announced that it has extended the written comment period for this proposal to 5 p.m., Monday, February 28, 2022.

  • The original deadline for written comments was January 28, 2022.

FAQ Document (posted 12/7/21)

Language & Accessibility

  • As can be done for any DRBC web page, to translate this page to one of multiple languages, please use the Google Translation widget located in the upper right of the web page. To request a translation of a document that is provided as part of this rulemaking, please send an e-mail to translate@drbc.gov. Please include the requested language and the requested documents. This service is for documents not able to be translated by the web page's Google Translate widget, which only translates html. Please note that it could take several days for us to provide a response to your email and it will also take time to provide the requested translation.

  • Como se puede hacer con cualquier página web de DRBC, para traducir esta página a uno de varios idiomas, utilice el widget de traducción de Google ubicado en la parte superior derecha de la página web. Para solicitar una traducción de un documento que se proporciona como parte de esta reglamentación, envíe un correo electrónico a translate@drbc.gov. Incluya el idioma solicitado y los documentos solicitados. Este servicio es para documentos que no pueden ser traducidos por el widget Google Translate de la página web, que solo traduce html. Tenga en cuenta que pueden pasar varios días hasta que respondamos a su correo electrónico y que también llevará tiempo proporcionar la traducción solicitada.

Documentos de reglas disponibles en español (publicado el 15/12/21)

Proposal Summary

The DRBC solicited public comment on proposed amendments to:

Briefly, the proposed amendments address:

  • Wastewater from HVHF: The proposed amendments to DRBC's Special Regulations, Part 440—High Volume Hydraulic Fracturing include a determination that the discharge of wastewater from HVHF and HVHF-related activities poses significant, immediate and long-term risks to the Basin’s water resources and that controlling future pollution by prohibiting such discharges within the Basin is required to effectuate the Commission's Comprehensive Plan. This determination is accompanied by related definitions and a prohibition on the discharge of wastewater from HVHF and HVHF-related activities to waters or land within the Basin.

  • Water Exportation: The Commission's policy has been to discourage the exportation of water from the Basin. The draft amendments establish the circumstances under which proposed exportations that meet the Commission's existing threshold for review may be considered for approval. Under the proposed rule, the Commission may approve an exportation of water if the export is needed to serve a straddled or adjacent public water system; if it is required on a temporary, short-term or emergency basis to meet public health and safety needs; or if it comprises an exportation of wastewater. The Commission will require an analysis of alternatives to the proposed exportation and will consider in its review factors that include the effects of the proposal on public health and safety and the effectuation of its Comprehensive Plan.

  • Water Importation: The proposed regulations clarify the factors the Commission will use in evaluating proposed importations of water or wastewater that meet the Commission's existing thresholds for review. Although importations of wastewater are "discouraged," they may be permitted after careful consideration to ensure that available alternatives have been evaluated, treatment is employed to ensure applicable water quality criteria are achieved, restoration efforts are not impeded and uses incorporated in the Commission's Comprehensive Plan are protected.

  • Water Quality Regulations: To facilitate the alignment of certain Basin state discharge permits with the proposed Special Regulations regarding wastewater from high volume hydraulic fracturing, the Commission proposes to amend its Water Quality Regulations Article 4—Application of Standards to incorporate into this article the determination, relevant definitions and prohibition described above.
Public Hearing Information

Public hearings were held remotely via Zoom. Below are the dates & times for each public hearing.

The first four public hearings were announced on October 28, 2021.

The fifth public hearing was announced on January 20, 2022.

1. December 8, 2021, from 2:30 p.m. to no later than 4:30 p.m.

  • Register to Provide Oral Comment: https://www.eventbrite.com/e/public-hearing-1-on-drbc-proposed-rules-on-water-importationexportation-tickets-195950963607 (registration ended 12/7/21, 5 p.m.)

  • To Join the Public Hearing: https://us06web.zoom.us/j/86173775244?pwd=UjNCaXRJWW85bEx6Z0FVNytzUk5pZz09 (public hearing ended 12/8/21, 3:35 p.m.)

    • Webinar ID: 861 7377 5244
    • Passcode: 989206
    • Dial-in:
      • US: +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 
      • International: https://us06web.zoom.us/u/kbZCtr3DC

2. December 8, 2021, from 6:30 p.m. to no later than 8:30 p.m.

  • Register to Provide Oral Comment: https://www.eventbrite.com/e/public-hearing-2-on-drbc-proposed-rules-on-water-importationexportation-registration-196042346937 (registration ended 12/7/21, 5 p.m.)

  • To Join the Public Hearing: https://us06web.zoom.us/j/82293413613?pwd=UFJtWVJieGh3dzdOM0tmSVhvTE5NQT09 (public hearing ended 12/8/21, 7 p.m.)

    • Webinar ID: 822 9341 3613
    • Passcode: 507901
    • Dial-in:
      • US: +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 
      • International: https://us06web.zoom.us/u/kdvrpgeQgf

3. December 15, 2021, from 1 p.m. to no later than 3 p.m.

  • Register to Provide Oral Comment: https://www.eventbrite.com/e/public-hearing-3-on-drbc-proposed-rules-on-water-importationexportation-registration-196489745117 (registration full as of 12/14/21, 12 p.m.)

  • To Join the Public Hearing: https://us06web.zoom.us/j/83578437011?pwd=Q1Y3RlhQVmdhZllDL2dMelh4Qkw2dz09 (public hearing ended 12/15/21, 2:45 p.m.)

    • Webinar ID: 835 7843 7011
    • Passcode: 783553
    •  Dial-in:
      • US: +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 
      • International: https://us06web.zoom.us/u/kcfapVJ5Re

4. December 15, 2021, from 4 p.m. to no later than 6 p.m.

  • Register to Provide Oral Comment: https://www.eventbrite.com/e/public-hearing-4-on-drbc-proposed-rules-on-water-importationexportation-registration-196500126167 (registration ended 12/14/21, 5 p.m.)

  • To Join the Public Hearing: https://us06web.zoom.us/j/83905088587?pwd=aFJuZmd1K2RwRlBRYlpPME44dHZRUT09 (public hearing ended 12/15/21, 5:15 p.m.)

    • Webinar ID: 839 0508 8587
    • Passcode: 431261
    • Dial-in:
      • US: +1 301 715 8592 or +1 312 626 6799 or +1 929 205 6099 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 
      • International: https://us06web.zoom.us/u/kZvcwGrk

5. February 3, 2022, from 1:30 p.m. to no later than 4:30 p.m.

  • Register through Eventbrite to Provide Oral Comment: https://www.eventbrite.com/e/public-hearing-5-on-drbc-proposed-rules-on-water-importationexportation-registration-245763113087 (registration ended 2/2/22, 5 p.m.)

  • To Join the Public Hearing on Feb. 3: https://us06web.zoom.us/j/85955493020?pwd=MWdFRDFYaTYrZC94WE1wN3YxZCswdz09 (public hearing ended 2/3/22, ~3:30 p.m.)

    • Webinar ID: 859 5549 3020
    • Passcode: 763753
    •  Dial-in:
      • Toll-Free: 833 548 0276 (Toll Free) or 833 548 0282 (Toll Free) or 877 853 5257 (Toll Free) or 888 475 4499 (Toll Free)
      • US: +1 312 626 6799  or +1 929 205 6099  or +1 301 715 8592  or +1 346 248 7799  or +1 669 900 6833  or +1 253 215 8782
      • International: https://us06web.zoom.us/u/kcRTvlYNli

Please Note - Public Hearing Rules:

  • If you wanted to attend the public hearing(s) without offering oral comment, registration was not required. Attendance at each public hearing was not limited. See "To Join the Public Hearing" for information on how people were able to participate.

  • If you wanted to provide oral comment at a public hearing, you must have registered in advance via Eventbrite to assure your opportunity to speak. See "Register through Eventbrite to Provide Oral Comment" for information on how people were able to register to speak.

  • Each person who wished to provide oral comment may have done so at only one public hearing.

  • Limited time may have been available at the end of the December 15, 2021, and February 3, 2022, hearings for unregistered speakers. There was no guarantee of additional time at the end of the hearing for unregistered speakers, nor was there a guarantee that we could hear from every unregistered speaker.

  • Online registration remained open until 5 p.m. on the day prior to the hearing date or until all available speaking slots have been filled, whichever was earlier.

  • The public hearings were also livestreamed on YouTube: http://www.youtube.com/user/delrivbasincomm/. However, if you wanted to provide oral comment at a hearing or use Zoom's translation services, you must have participated via Zoom (and register in advance).

  • Depending on the number who wish to be heard, speakers were limited to about three minutes.

  • Elected government officials and their staff had the opportunity to identify themselves when registering to attend a hearing and may have been given priority in the speaker sequence.

  • Written and oral comment will receive equal consideration.

  • To ensure a smooth connection, please make sure you are using the most up to date version of Zoom.

Please Note: Public Participation Opportunities Expanded for Public Hearing #5

  • The DRBC's fifth public hearing included enhanced language access to include real-time English-to-Spanish and Spanish-to-English professional translation, on a pilot basis. Attendees could choose to participate in the virtual hearing in either English or Spanish.

  • This public hearing included toll-free phone numbers for individuals to use to participate in the public hearing via phone, on a pilot basis. This enhanced access for those who do not have a computer or those who live in regions with limited internet access.
Submit Written Comments

Written comments were accepted through 5 p.m. on February 28, 2022.

  • Written comments along with any attachments must have been submitted through the Commission's online public comment collection system.

  • All materials should have been provided in searchable formats, preferably in .pdf searchable text. Notably, a picture scan of a document may not result in searchable text.

  • Non-digitized, voluminous materials such as books, journals or collected letters and petitions were not accepted. Digital submissions of articles and websites must have been accompanied by a statement containing citations to the specific findings or conclusions the commenter wishes to reference.

  • Written and oral comment will receive equal consideration.

  • Those unable to use the web-based comment collection system may have sought an exception from use of this system by sending a request to the Commission Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628.

    • Requests should have explained why the commenter is unable to use the web-based system.

    • To simplify the process, exception-seekers could elect to submit their request and comment simultaneously.

    • No reasonable request for an exception was denied.
Substance of Comments

The Commission expressly sought comment on the effects the proposed rules may have within the Basin on:

  • water availability;

  • the control and abatement of water pollution;

  • economic development;

  • the conservation and protection of drinking water supplies;

  • the conservation and protection of aquatic life;

  • the conservation and protection of water quality in Special Protection Waters; and

  • the protection, maintenance and improvement of water quantity and quality Basinwide


The Commission welcomed and will consider any other comments that concern the potential effects of the draft rules on the conservation, utilization, development, management and control of the water and related resources of the Basin.

Comments on matters not within the scope of the proposed rules may not be considered.

Supporting Documentation

Notice of Proposed Rulemaking and Public Hearing

FAQ Document

Proposed Amendments


Learn More: DRBC Regulations

Contacts

For more information:

  • Contact Kate Schmidt, Communications Specialist, at kate.schmidt@drbc.gov (preferred) or 609-477-7205.

  • Contact Elizabeth Koniers Brown, Director of Communications and External Affairs, at elizabeth.brown@drbc.gov (preferred) or 609-462-4834.

Notice Posted: October 28, 2021

Notice Updated: November 16, 2021 (updated written comment deadline to February 28, 2022)
Notice Updated: December 6, 2021 (added Basin state register notices to Supporting Documentation)
Notice Updated: December 7, 2021 (added FAQ document)
Notice Updated: December 8, 2021 (added Language & Accessibility info)
Notice Updated: December 14, 2021 (noted public hearing #3 as full)
Notice Updated: December 15, 2021 (added rulemaking documents translated into Spanish)
Notice Updated: January 20, 2022 (announced 5th Public Hearing)
Notice Updated: February 28, 2022 (noted written comment period as closed)
Notice Updated: March 21, 2022 (added info on accessing public comments)