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The Delaware River Basin Commission (DRBC) has extended the period for written comment on proposed regulations regarding hydraulic fracturing activities in the Basin from Feb. 28 to March 30, 2018. Two additional public hearings also have been scheduled in February and March.

The commissioners extended the period in response to requests for more public input opportunities and opportunities for government officials to study the proposed regulations. Those interested in commenting are encouraged to review the full text of the draft rules, related materials, and information on the public input procedures on the commission’s website at www.drbc.net.

To supplement the four previously announced public hearings—two on Jan. 23 in Waymart, Pa., and two on Jan. 25 in Philadelphia—the Commission is adding the following two hearings:

1. Feb. 22, 2018, 3 p.m. to as late as 7 p.m. at the Lisa Scheller-Wayne Woodman Community Services Center, Lehigh Carbon Community College, 4525 Education Park Dr., Schnecksville, Pa. Register in advance to attend at http://bit.ly/2qI1tBC or register onsite. Persons who have registered to attend by 5 p.m. January 26, 2018, will be contacted by the DRBC prior to the hearing date and provided with an early opportunity to request speaking time. Registrants may also sign up to speak at the hearing and will be heard if time allows. Elected government officials and their staff will have the opportunity to identify themselves when registering.

1. March 6, 2018, 1:30 p.m. to 3:30 p.m.  The Commission will host a moderated public hearing by telephone. Members of the public are encouraged to listen by calling 1-866-831-8713 and asking the operator to connect them to the DRBC call. Those wishing to address the Commission at this hearing can register for an opportunity to speak at http://bit.ly/2pdqxQ9.

Seating is still available at all four of the public hearings scheduled in January. Those who would like to attend are encouraged to register online through 5 p.m. on the day preceding each hearing.  Onsite registration for each hearing will also be available. Those who have not registered in advance should check capacity through the online system before traveling to attend a hearing.

In December 2010, the DRBC drafted and published environmental protection regulations for the watershed that were open for public comment until April 15, 2011. After reviewing these comments, the DRBC then published a revised version on November 8, 2011; however, the special meeting to consider adoption of the revised regulations was postponed until now. The 2011 revised draft rules applied to all “natural gas development projects” regardless of whether or not hydraulic fracturing was planned, and contemplated authorizing water use for not more than 300 natural gas wells under certain circumstances and conditions.

In September 2017, the commissioners directed the Executive Director to prepare and publish for public comment a revised set of draft regulations to include:

• Prohibitions relating to the production of natural gas using horizontal drilling and hydraulic fracturing within the Basin, and specifically prohibiting the use of “high volume hydraulic fracturing” within the Basin.
• Provisions intended to ensure the safe and protective storage, treatment, disposal, and/or discharge within the Basin of wastewater associated with horizontal drilling and hydraulic fracturing for the production of natural gas, where permitted.
• Regulation of the inter-basin transfer of water and wastewater for purposes of natural gas development, where permitted.

A full text of the draft rules, related materials, and information on the public input procedures can be viewed on the Commission’s website here.

The DRBC has not set a timeline for voting on final regulations. Until the Commission approves the regulations, the Pennsylvania Department of Environmental Protection (PADEP) will not issue drilling permits.

Written comments on the draft regulations, which will receive the same consideration as oral comments, will be accepted until 5 p.m. on March 30.  Written comments will not be accepted through other methods, such as email, fax, or hand delivery unless an express exception has been granted based on lack of access to the web-based system. Requests for exceptions may be addressed to: Commission Secretary, DRBC, PO Box 7360, West Trenton, NJ 08628.

The DRBC is a regional body with the goal to oversee management of the Delaware River system across state boundaries. It was created in 1961 as an interstate compact in response to a 1954 Supreme Court decision to settle water use disputes among Pennsylvania, Delaware, New York and New Jersey. The DRBC consists of governors from the four states and the Division Engineer of the North Atlantic Division, U.S. Army Corps of Engineers. The DRBC employs a staff of engineers, biologists, geologists, and other specialists.

To learn more about the commission, please visit www.drbc.net or follow DRBC on Twitter at @DRBC1961.

The Delaware River Basin Commission (DRBC) announced this month draft amendments to its plan and regulations to better provide for the planning, conservation, utilization, development, management and control of the basin’s water resources in connection with the hydraulic fracturing of shale and other hydrocarbon-bearing formations.

In December 2010, the DRBC drafted and published environmental protection regulations for the watershed that were open for public comment until April 15, 2011. After reviewing these comments, the DRBC then published a revised version on November 8, 2011; however, the special meeting to consider adoption of the revised regulations was postponed until now.

The revised draft rules prohibit high volume hydraulic fracturing in hydrocarbon-bearing rock formations within the Delaware River Basin. In addition, the rules reinforce the commission’s current policies that discourage the importation of wastewater and exportation of water, and include rules to address the inter-basin transfer of water and wastewater related to hydraulic fracturing.

The rules include provisions confirming that the treatment and disposal of produced water from hydraulic fracturing does not impair or conflict with the preservation of the waters of the basin for uses in accordance with the DRBC comprehensive plan.

A full text of the draft rules, related materials, and information on the public input procedures can be viewed on the commission’s website here.

The DRBC has not set a timeline for voting on final regulations. Until the commission approves the regulations, the Pennsylvania Department of Environmental Protection (PADEP) will not issue drilling permits.

The DRBC is holding the following public hearings in 2018:

1. Jan. 23, 2018, 1 p.m. to 4:30 p.m. at the Ladore Camp, Retreat and Conference Center’s Performing Arts and Recreation Center (PARC) Pavilion, 287 Owego Turnpike, Waymart, Pa. Register to attend at: http://bit.ly/2ApxOB1.
2. Jan. 23, 2018, 6 p.m. to 9:30 p.m. at the Ladore Camp, Retreat and Conference Center’s Performing Arts and Recreation Center (PARC) Pavilion, 287 Owego Turnpike, Waymart, Pa. Register to attend at: http://bit.ly/2AgHtsV.
3. Jan. 25, 2018, 1 p.m. to 4:30 p.m. at the DoubleTree by Hilton Hotel Philadelphia Airport, 4509 Island Ave., Philadelphia, Pa. Register to attend at: http://bit.ly/2AIPh7P.
4. Jan. 25, 2018, 6 p.m. to 9:30 p.m. at the DoubleTree by Hilton Hotel Philadelphia Airport, 4509 Island Ave., Philadelphia, Pa. Register to attend at: http://bit.ly/2ip6Pyn.

Advance registration, which is required to attend, will remain open until 5 p.m., Dec. 31, 2017. Those who have registered to attend will be afforded an opportunity to request speaking time.

The public also has an opportunity to submit written comments on the draft regulations. Written comments may be submitted until 5 p.m., Feb. 28, 2018. Written comments and attachments should be submitted through the commission’s online comments webpage at http://dockets.drbc.commentinput.com/. Written comments will not be accepted through other methods, such as email, fax or hand delivery, unless an express exception has been granted based on lack of access to the web-based system. Requests for exceptions may be addressed to: Commission Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628.

The DRBC is a regional body with the goal to oversee management of the Delaware River system across state boundaries. It was created in 1961 as an interstate compact in response to a 1954 Supreme Court decision to settle water use disputes among Pennsylvania, Delaware, New York and New Jersey. The DRBC consists of governors from the four states and the Division Engineer of the North Atlantic Division, U.S. Army Corps of Engineers. The DRBC employs a staff of engineers, biologists, geologists, and other specialists.

A possible 4,800 feet of natural gas pipeline from Delmont, Pa., to Lambertville, N.J., could be completed as early as 2018, according to the Energy Information Administration. The new pipeline would add to the area’s existing 6,800 feet of pipeline completed prior to 2014.  But the benefits and risks of natural gas pipelines are still being weighed against each other as advocates and opponents of the project battle it out in courts of law and the court of public opinion.

In 2005, horizontal drilling and hydraulic fracturing methods made it possible to capture natural gas from shale. Less than a decade later, in 2014 Pennsylvania became the second-largest natural gas supplier in the country according to the Pennsylvania Department of Environmental Protection (DEP).

An analysis by Argonne National Laboratory in 2010 indicated that natural gas is the “cleanest burning commercially available alternative fuel,” and the potential impact of a natural gas market is fueled by regional large companies with reliable energy needs. Today, the rate of drilling has surpassed the infrastructure in place to transport natural gas to the market. The DEP estimates that approximately 30 percent of the wells drilled for natural gas have no means for the gas to reach consumers.

In Pennsylvania, the proposed 118-mile PennEast Pipeline would transport that natural gas and serve two states. A study released by the Greater Philadelphia Chamber of Commerce noted that increased demand in the Philadelphia region, combined with an excess natural gas supply, presents the opportunity for Pennsylvania to become an important East Coast energy hub. The study cited the potential impact the Marcellus Shale industry could have on economic revitalization in the region.

Currently, no single federal or state agency has oversight of pipeline infrastructure.  In 2011, the Public Utility Commission was given the legal authority to conduct safety inspections, but only for pipelines in populated areas (i.e., Class 2, 3, and 4 pipelines).  In 2015, Pennsylvania Governor Tom Wolf created a Pipeline Infrastructure Task Force that held several public meetings. Recommendations from the task force included creating long-term operations and maintenance plans, reducing environmental impact in construction phases, and creating an atmosphere that maximizes the efficiency of permits and reviews. A final report, filed in February by the Pipeline Infrastructure Taskforce, recommended that the next steps include assessing which regulations recommended in the report fall under the state’s jurisdiction.

Safety concerns have become a reality. In May 2016, a natural gas explosion severely burned one person in Salem Township, Pa., and blew a hole 1,500-square-feet in diameter 12 feet deep into the ground. The resulting fire burned approximately 40 acres, according to NPR’s State Impact. The Pipeline Hazardous Materials Safety Association issued a corrective order following the incident, citing possible corrosion on the pipeline, which “indicates a possible flaw in the coating material.” Spectra Energy, the company that owns the pipeline, stated that a 2012 inspection revealed no such flaws.

In response to growing safety and land-use concerns, the Delaware River Basin Commission (DRBC) is conducting multiple public hearings in Pennsylvania and New Jersey during its technical review of the PennEast plan. The DRBC is a regional body with the goal to oversee management of the Delaware River system across state boundaries. No meetings are scheduled during 2016, but future meeting schedules will be available on the DRBC website.

New regulations and long-term plans are still under review with both regulatory bodies and legislators. In June, the Pennsylvania House Environmental Resources and Energy Committee approved an amendment to exclude conventional drilling companies from proposed regulations for the Marcellus Shale industry, citing differences between how the two methods of extraction operate.  A spokesman for Governor Wolf declined to indicate whether or not the Governor approved of the amendment, and instead expressed the intention to continue working with the legislature on regulations for the oil and gas industry.

The Environmental Protection Agency is holding a public teleconference, run by the Science Advisory Board’s Hydraulic Fracturing Research Advisory Panel, to discuss the first draft of the peer review report of the Hydraulic Fracturing Drinking Water Assessment.

The “Draft Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources” investigates the potential impacts on human health and the environment hydraulic fracturing may have on the quality of drinking water at each stage of the hydraulic fracturing water cycle. The draft estimates 25,000-30,000 new wells were drilled annually between 2011 and 2014. Most of these wells were drilled in Texas; Pennsylvania ranked third in number of wells drilled during the period covered.

Between the years 2000 and 2013, the report estimated 9.4 million people lived within one mile of a hydraulically fractured well. In addition, approximately 6,800 drinking water sources for public water systems were within one mile of at least one hydraulically fractured well between 2000 and 2013.

Find out more in about the assessment in a previous RKR Hess blog post.

The EPA will take into account the comments from the advisory board in conjunction with comments from the public in its evaluation of the peer review report.

The public teleconference will take place on Monday, Feb. 1 from 11 a.m. to 6 p.m. Eastern Standard Time. To participate, visit the Science Advisory Board website.

Recently, the Pennsylvania Department of Environmental Protection (PADEP) invited RKR Hess engineers to make a presentation at the Flood Protection Program’s 14^th Annual Workshop. Held in State College, Pa., the workshop was attended by municipal representatives responsible for the operation and maintenance of flood protection projects, as well as representatives from agencies that regulate and inspect these facilities. Read more

Exxon Mobil’s energy corporation division, XTO Energy, Inc., and the U.S. Environmental Protection Agency (EPA) recently reached a civil action settlement after approximately 57,000 gallons of wastewater were illegally discharged at the division’s shale gas drill site in Lycoming County, Pa. According to the EPA, XTO violated Section 301 of the Clean Water Act (CWA), 33 U.S.C. § 1311.  Read more

In the past decade, an increasing number of energy companies have hoped to expand their resource production to include shale gas. More than a dozen different companies have requested federal approval from the U.S. Department of Energy (DOE) to produce and export the fossil fuel to foreign countries.  Read more