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Notice of Proposed Rulemaking and Public Hearing
Proposed Amendments to the Administrative Manual and Special Regulations Regarding Hydraulic Fracturing Activities; Additional Clarifying Amendments

On Friday, March 30, 2018, the 120-day comment period closed on this proposed rulemaking.

The Commission will take 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. 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.

The Commission received 8,687 written submissions on-line. These 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.

Written submissions received through the Commission’s online comment system are available for review and download at http://dockets.drbc.commentinput.com/?id=PGChb.

Additionally, the Commission received 227 oral comments during our six public hearings.

Public Hearing Transcripts:

Information on Proposed Rulemaking

Summary:

The Delaware River Basin Commission ("Commission") has 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.

Texts of Notice of Proposed Rulemaking, Proposed Rules, Proposed Guidance Document and FAQ:

State and Federal Register Notices:

Links to the state and federal register notices concerning the proposed rulemaking follow. Please note that the Delaware and New York State register notices were published before the Commission announced 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.

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Notice Originally Posted/Dated: November 30, 2017