The Delaware River Basin Commission voted 4-0 Wednesday morning to ban the discharge of fracking-related wastewater within the watershed.
Voting in favor of the Water Code amendments were representatives from Delaware, New Jersey, New York and Pennsylvania. The representative from the federal government abstained.
In public comments after the vote, environmental advocates sought more details on exactly what importations and exportations of water are still allowed.
While outright discharges of wastewater are banned, commenters said the issue is not settled until there is a ban on importations of wastewater for purposes such as storage and treatment, and on exportations of water for use in fracking outside the watershed.
What do the new rules say?
Last year, the DRBC banned high-volume hydraulic fracturing, or fracking, within the 13,579-square-mile region surrounding the Delaware River.
Now, it will vote on proposed amendments to its Water Code, including a ban on discharging fracking-related wastewater in the watershed. Fracking involves the usage of millions of gallons of water to break apart underground shale so that natural gas can be extracted.
While discharges would be banned under the new rules, wastewater could still be brought into the region and treated here, to the disappointment of environmental advocates concerned about the potential for pollution and spills.
The new rules do not include a ban on exporting water from the basin for use in fracking elsewhere.
“The draft amendments establish the circumstances under which proposed exportations that meet the Commission’s existing threshold for review may be considered for approval,” the DRBC says in a summary of the proposal. “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.”
While those scenarios are subject to review, a 2021 FAQ from the DRBC points out that “Other classes of exportations are ineligible for Commission review and approval.”
The DRBC meeting page notes that in addition to approving or denying these amendments, it could also approve them with changes or defer them to a later date.
From SeptemberCourt: Pa. Senate GOP, municipalities have no standing in Delaware River fracking ban case
How to watch the DRBC meeting
The meeting started at 10:30 a.m.
The public meeting was available to attend via Zoom, and is available on the DRBC’s YouTube channel (youtube.com/user/delrivbasincomm).
Who will vote on this?
The commissioners are Delaware Gov. John Carney, New Jersey Gov. Phil Murphy, New York Gov. Kathy Hochul, Pennsylvania Gov. Tom Wolf and federal representative Colonel John P. Lloyd, who is the commander and division engineer for the U.S. Army Corps of Engineers North Atlantic Division.
The commissioners are generally represented at meetings by alternates, such as state environmental department leaders.
Of interest:Pennsylvania gas driller pleads no contest to polluting town’s water
Related:Delaware River Basin Commission votes to ban fracking in the watershed
Water, wastewater decision follows fracking ban
The DRBC voted in February 2021 to ban fracking in the watershed.
In the resolution it passed, the DRBC said it “has determined that high volume hydraulic fracturing poses significant, immediate and long-term risks to the development, conservation, utilization, management, and preservation of the water resources of the Delaware River Basin and to Special Protection Waters of the Basin, considered by the Commission to have exceptionally high scenic, recreational, ecological, and/or water supply values.”
The official ban followed a de facto moratorium that began in 2010, when the DRBC voted to put off considering well pad dockets until regulations were adopted. No applications were submitted after that.
The fracking ban survived a court challenge this year, with the U.S. Court of Appeals for the Third Circuit ruling in September that the municipalities and Republican lawmakers who sought to overturn the ban did not have standing. This does not prevent lawsuits from other plaintiffs who do have standing.
The fracking ban was considered an important step by environmental advocates, who also made clear they wanted to see additional action on water and wastewater.
