Virtual Tour of Upper Delaware River now available (below)

From an Article by Zola Teirstein, Grist Magazine, March 3, 2021

Fracking got banned in parts of four states, and the industry is livid.

The Delaware River Basin, a 13,539-square-mile area bisected by a sparkling river that stretches from New York’s Catskill Mountains to the Delaware Bay, is officially closed to fracking. Last week, a little-known but powerful interstate commission called the Delaware River Basin Commission, or DRBC, voted 4-0 to make a 2010 de facto ban on fracking in the basin permanent.

The ban, which outlaws fracking in Marcellus Shale gas deposits in the parts of the four states that fall within the basin’s boundaries, is the result of more than a decade of work by regional environmental groups and growing public opposition to fracking. It may be the biggest anti-fracking milestone in the Northeast to date.

Vermont, Maryland, and New York state permanently banned fracking in 2012, 2017, and 2020, respectively, but Vermont doesn’t have any natural gas to speak of, while Maryland and New York have small reserves.

Seven Pennsylvania counties within the Delaware River Basin sit over the northeast’s Marcellus Shale rock formation, which holds trillions of cubic feet of natural gas. Natural gas is extracted from the shale via a process called hydraulic fracturing, or fracking, which typically involves shooting pressurized water mixed with sand and chemicals — some of which, like methanol, are hazardous to human health — into the shale to crack it open. Those chemicals can seep into the surrounding environment and have been found in drinking water supplies.

“This is a really important win both for the environment, for the Delaware River Basin and for all the groups who have been fighting this for so long,” Wes Gillingham, associate director of Catskill Mountainkeeper, one of the environmental groups that has been pushing the DRBC to adopt a permanent fracking ban, told Grist. “To see the whole basin protected, the whole watershed, this whole ecosystem which is one of the most pristine ecosystems on the East Coast, it’s a wonderful thing to be part of.”

The official ban on fracking in the basin has been a long time coming. The DRBC, made up of the governors of New York, New Jersey, Pennsylvania, and Delaware along with the northeastern division head of the U.S. Army Corps of Engineers, started kicking around the idea of regulating hydraulic fracturing in 2008 in response to Pennsylvania’s shale boom and stopped approving new drilling in the basin in 2010 while it figured out what kind of permanent regulations to adopt. The commission faced pushback from a group of landowners in gas-rich Wayne County, Pennsylvania, in 2016, who sued the DRBC in federal court, arguing that the commission didn’t have jurisdiction over their land. That lawsuit was thrown out, and in 2017, the commission proposed a permanent ban on fracking that was finally officially adopted last Thursday.

The Wayne County lawsuit, however, was brought back from the dead on appeal in 2018 and is still ongoing today. That lawsuit will play out in Pennsylvania over the coming months or maybe even years, but it’s clear that the landowners don’t have the support of their Democratic governor. In a statement read aloud at the DRBC hearing approving the fracking ban last week, Pennsylvania Governor Tom Wolf said he was “proud to join with other DRBC commissioners in preserving the water resources of this unique region for generations to come.”

Natural gas groups are livid about the DRBC’s decision and the federal government’s role, or lack thereof, in the vote. The Army Corps of Engineers representative abstained from voting for or against the fracking ban last week, saying that the Biden administration was still undergoing a period of transition and didn’t give the corps a direct command on how to vote. “This vote defies common sense, sound science, and is a grave blow to constitutionally protected private property rights,” David Callahan, the president of an industry group called the Marcellus Shale Coalition, said in a statement. “We were hopeful that President Biden would keep his vague commitment to not ban fracking, as he told Pennsylvania voters over and over.” Biden has not banned fracking — he can’t do that without congressional approval — but he has imposed a moratorium on new oil and gas leases on public lands.

Environmental groups aren’t totally happy with the ban, either. It doesn’t prohibit the export of water from the Delaware River to areas outside of the watershed for fracking projects, nor does it ban the import of fracking wastewater from outside projects. However, the DRBC voted 5-0 to approve a resolution to start the rulemaking process for imports and exports of water for and from fracking. “Hopefully we can extend the fracking ban farther and farther,” Gillingham said. “Every day, there’s more science that comes out that shows this is really not safe, and that’s not even mentioning what it’s doing to our climate.”

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Virtual Tour – Upper Delaware Scenic & Recreational River (U.S. National Park Service), December 9, 2020

Created for the National Park Service Centennial celebration, the Upper Delaware Virtual Tour, in five separate modules, is an interactive reference guide to the outstandingly remarkable values of the Upper Delaware Scenic and Recreational River. Click on any modules below to explore the 73 miles of Upper Delaware Scenic and Recreational River which preserves and protects one of America’s most important wild and scenic rivers.

https://www.nps.gov/upde/learn/virtual-tour.htm

Northeast Pennsylvania is part of the Marcellus shale zone

From an Article by Michael Rubinkam / Associated Press, StateImpact Penna., January 12, 2021

(Harrisburg) — Two Republicans claim the Delaware River Basin Commission overstepped its authority and usurped the Legislature with its moratorium on natural gas development.

Republican state lawmakers in Pennsylvania are seeking to overturn a ban on gas drilling and hydraulic fracturing in the Delaware River basin, filing a federal lawsuit against the regulatory agency that oversees drinking water quality for more than 13 million people.

Senate Republicans led by Sens. Gene Yaw and Lisa Baker claim the Delaware River Basin Commission overstepped its authority and usurped the Legislature with its moratorium on natural gas development near the river and its tributaries.

The senators want a federal court to invalidate the ban, potentially opening a sliver of northeastern Pennsylvania to what their lawsuit describes as $40 billion worth of natural gas. The gas is found in the Marcellus Shale, the nation’s largest gas field, whose vast reserves spurred a drilling boom elsewhere in Pennsylvania more than a decade ago.

Maya van Rossum, who leads the Delaware Riverkeeper Network, an environmental watchdog group, accused GOP lawmakers of “carrying the water of the industry,” saying their suit is “an absolute betrayal of trust in terms of their legislative obligation to serve the people of Pennsylvania, not the frackers.”

The lawsuit is the latest salvo in a long-running battle over drilling and fracking near the Delaware, which supplies drinking water to Philadelphia and half of New York City. A Pennsylvania landowners group is also challenging the basin commission’s right to regulate gas development. Baker and Yaw sought to intervene in that 2016 case — which is still being litigated — but a court ruled they lacked standing.

The commission, which regulates water quality and quantity in the Delaware and its tributaries, first imposed a moratorium on drilling and fracking in 2010 to allow its staff to develop regulations for the gas industry. A year later, the five-member panel was scheduled to vote on a set of draft regulations that would have allowed gas development to proceed, but it abruptly canceled a vote amid opposition from some commission members.

In 2017, the basin commission reversed course and began the process of enacting a permanent ban on drilling and fracking, the technique that has enabled a U.S. production boom in shale gas and oil.

The new litigation, filed Monday in federal court in Philadelphia, contends the de facto ban has deprived private landowners of the right to drilling royalties, and has prevented Pennsylvania from leasing public lands to the gas industry and collecting fees from gas development.

The suit argued the ban’s “deleterious effects” have been magnified by the COVID-19 pandemic and resulting economic downturn, with the state and local governments facing significant budget shortfalls.

Even if the suit were to succeed, however, it’s far from certain that drilling could take place on public lands within the Delaware watershed. Gov. Tom Wolf, a Democrat, imposed a moratorium on new drilling leases on all state-owned land in 2015. That moratorium remains in effect.

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Senator Brewster Begins Another Term in Penna. Senate

Takes oath of office today in Harrisburg ceremony, EIN presswire

Harrisburg – January 13, 2021 – State Senator Jim Brewster (D) was sworn in today for another term in the Pennsylvania State Senate, serving constituents in portions of Allegheny and Westmoreland Counties.

“It is an honor and privilege to serve the citizens in the 38 communities that are a part of the 45th District,” Brewster said. “I will continue to pursue a broad agenda that is focused on families.

“My legislative proposals include measures to promote job creation, economic development, tax relief, education support and safety, and help for those who are in need.”

The lawmaker has also proposed plans to help small businesses and families during the COVID-19 pandemic, as well as to institute a responsible energy extraction tax on Marcellus Shale drillers and to use the revenue to fund education and environmental protection. He is also the prime sponsor of a package of bills to reform the legislature and make it more transparent, including eliminating per diems, state vehicles, and a gift ban.

Brewster was first elected to the Senate in a special election in 2010. He was re-elected in 2012, 2016, and 2020.

Brewster said there are great challenges ahead for lawmakers this session. A budget deficit and the continuing challenges from the pandemic, he said. Even amid these substantive and difficult issues, he said that there was an opportunity to address issues involving local government.

“As the former mayor of McKeesport, I know the difficulties that economically-stressed communities face,” Brewster said. “Lawmakers in Harrisburg also need to focus on addressing the problems of small cities and struggling communities across Pennsylvania.”

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LNG leaks, accidents, explosions and fires are risks that are unacceptable in high population areas

By Hannah Chinn, WHYY, StateImpact Pennsylvania, September 11, 2020

The LNG export terminal proposed for Gibbstown, New Jersey, will have to wait a bit longer, now that the multistate Delaware River Basin Commission has postponed a vote on the project until data and documents in the case can be reviewed.

The project would involve construction of a new dock and partial dredging of the Delaware River off Gloucester County. It’s part of a plan by developer Delaware River Partners — an affiliate of New York hedge fund Fortress Investment Group — to ship liquefied natural gas from Wyalusing, in Pennsylvania’s gas-rich Marcellus Shale region, to Gibbstown, where the gas would be loaded onto ships and exported elsewhere.

To reach Gibbstown, the gas would be transported in trucks or rail cars, following federal approval last month of the nation’s first LNG-by-rail permit.

Plans for the LNG terminal were initially approved by the DRBC in June 2019, but that move was appealed by the Delaware Riverkeeper Network and subsequently reviewed in a May adjudicatory hearing and public comment period. The officer overseeing that hearing ultimately recommended that the commission uphold its earlier approval.

DRBC members are required to vote publicly on whether to accept the hearing officer’s recommendation or reject it. On Thursday, they opted for a third option and delayed the decision, citing a need for more time.

“Given the size of the record, the technical nature of much extensive evidence, and the submission of briefs as recently as last week, completing a careful and thorough review by all of the commissioners by this meeting has not been possible,” the commission’s general counsel, Kenneth Warren, said Thursday. “Additional time for review and deliberation is required.”

The Gibbstown vote was not listed on the formal agenda for Thursday’s meeting, although local governments and environmental advocates hustled to oppose the decision and lobby their state’s representatives on the commission. The urgency may have stemmed, in part, from the fact that, if no action was taken, the developer could have begun constructing a dock and dredging the Delaware River as early as next week.

“Given its existing government approvals, [Delaware River Partners] could commence construction anytime after Sept. 15,” Warren said. “The commissioners may wish to preserve the status quo by staying the docket approval until the commission issues a final determination resolving the administrative appeal.”

Warren added that the decision to “stay” would not be indicative of any future choice by the commissioners to allow or deny the project.

The motion to postpone passed 3-1-1, with “yes” votes from New Jersey, New York and Delaware. Lt. Col. David Park voted “no” on behalf of the U.S. Army Corps of Engineers, while Pennsylvania abstained.

“I want to be clear: Delaware’s support is for us to reasonably complete the process and should not be read as anything else,” said Delaware Department of Natural Resources and Environmental Control Secretary Shawn Garvin, who serves as that state’s commissioner and current DRBC chair. “Our focus is and will be on those things that fall under DRBC’s jurisdiction, but at this point, we do need some extra time to make sure that we have fully and thoughtfully reviewed all of the information that was recently provided to us.”

More than 90 people tuned in to the commission’s third-quarter public hearing to hear the results of the vote. Environmental advocates praised the decision in a public comment session afterward, saying the commissioners were “making the right move.”

“As we face the future here in the Delaware River Watershed, the health of our river and its 13,000-square-mile watershed depends in large part on the big-picture decisions you make at these meetings,” Tracey Carluccio, of the Delaware Riverkeeper Network, told the commissioners as she thanked them for a “thoughtful delay.”

“Any time you delay a bad project, it’s a win for the environment,” added New Jersey Sierra Club president Jeff Tittel. Plans that support fracking, or that send “bomb trains” through vulnerable communities could be devastating, he said, noting that “the more we know, the more we realize how bad it is for the environment.”

On Wednesday, representatives of both organizations had delivered flash drives to the governors of New Jersey, New York, Pennsylvania and Delaware, as well as the Army Corps of Engineers, which holds the fifth vote on the commission. The drives contained 50,962 petitions, resolutions from local governments along the proposed LNG shipping routes, and multiple letters from community groups, scientists, and environmental groups opposing the LNG export terminal.

Among others participating in the petition campaign were 350 Philly, Better Path Coalition, Catskill Mountainkeeper, Clean Air Council, Clean Water Action, Damascus Citizens for Sustainability, Empower NJ, Food and Water Action, Friends of the Earth, Mark Ruffalo for Move.On, Natural Resources Defense Council, Protect Northern PA, and Surfrider NJ and NY. A group of health professionals and 133 environmental group representatives, as well as actor-activist Ruffalo, also submitted letters to DRBC calling for a no vote on the project.

That public opposition appears to be mounting, as local government units including Lehigh County, Kutztown Borough, and Clarks Summit in Pennsylvania and Runnemede Borough in New Jersey have passed legislation opposing the transport of LNG through their communities. Several Philadelphia City Council members have indicated similar concerns, noting that a rail route through the city would expose Black, brown and low-income communities to the most intense zones of impact in the event of a derailment or explosion.

And then there are the people of Gibbstown, who would be directly affected. “I’m just a mom,” said Vanessa Keegan, one of the last to offer a comment at the meeting Thursday. She turned the camera to her 3-year-old son, Theo.

“Those signs in the Pennsylvania report that just came out, kids with the bloody noses and problems, that’s going to be us. And I am begging you to save my family — and that’s all I really wanted to say today, is that there are real people here, and I hope you protect us.”

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See also: GENERAL COUNSEL REPORT AND VOTE ON GIBBSTOWN ADMINISTRATIVE APPEAL, September 10, 2020

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See also: Marcellus LNG “Bomb Trains” Approved for Travel thru Philadelphia to New Jersey, FrackCheckWV, December 11, 2019

Transporting LNG via trucks or trains carries unacceptable risks

FROM AN ARTICLE BY JON HURDLE, NEW JERSEY SPOTLIGHT, MARCH 4, 2020

Trial-like proceeding will hear all sides and recommend whether to uphold Delaware River Basin Commission’s approval.

The Delaware River Basin Commission has set up a quasi-judicial hearing on a controversial plan to build New Jersey’s first liquefied natural gas export terminal on the Delaware River, giving opponents a high-profile opportunity to reargue their case almost a year after the project was approved by the interstate water regulator.

The DRBC said the hearing, due to start on April 15 in Mercerville, will include testimony by the project’s developer, Delaware River Partners (DRP) as well as commission staff, and the environmental group Delaware Riverkeeper Network (DRN), which opposes the project and called last July for a rehearing.

“This announcement is a stunning admission that the DRBC failed to provide a full or fair opportunity for public comment before approving the Gibbstown Logistics LNG export facility,” said Delaware Riverkeeper Network leader Maya van Rossum, in a statement.

The “adjudicatory hearing,” a trial-like proceeding that will include direct- and cross-examination of witnesses by all sides, will take place before a hearing officer — an official from the Pennsylvania Department of State — who will later recommend to the commission whether to uphold or reject its approval of the project last June. The commission will be under no obligation to accept the recommendation.

Some seats will be made available for the public to attend the hearing but the public will not be allowed to speak, the DRBC said.

Former DuPont site in Gloucester County, NJ

Delaware Riverkeeper Network previously argued that the commission didn’t allow nearly enough time for the public to comment on the proposal, which would build a 43-feet deep berth on a former DuPont site at Gibbstown on the Delaware River in Gloucester County. The project would make space for two oceangoing tankers to ship LNG that would be carried by rail from the gas-rich reserves of the Marcellus Shale in northeastern Pennsylvania.

Under an earlier plan, the fuel was to be shipped to Gibbstown in hundreds of trucks. But in December, the federal pipeline regulator, the Pipeline and Hazardous Materials Safety Administration, approved the use of trains to carry LNG from Wyalusing, PA to Gibbstown, the first route in the nation where shipment of LNG by rail would be allowed. It is unclear whether there will be any truck shipments.

Other fuels that would be shipped via the $95 million dock include butane, ethane, propane and liquefied petroleum gas (LPG). There will be no bulk storage and no manufacturing of any of the liquids at the site, DRBC said.

The proposed terminal would be an addition to Dock 1, a deep-water berth on the same site for multipurpose freight shipping such as automobiles and break-bulk cargo (not shipped in containers), that was substantially completed in December 2018.

Issues of public and environmental safety

Delaware Riverkeeper Network and other critics argue that the project would be a risk to public safety because of the highly explosive nature of super-cooled natural gas to be transported in rail tankers about 175 miles through many densely populated areas. They also say it would endanger the health of the Delaware River, and increase demand for fracked gas amid efforts by New Jersey and many other states to reduce their dependence on climate-altering fossil fuels. The environmental group said the hearing announcement shows DRBC now recognizes that it should have given the public more opportunity to comment before approving the project.

Delaware Riverkeeper Network leader van Rossum said it should not have been necessary for her organization to file a legal challenge and obtain expert reports — which will be presented at the hearing — to challenge the DRBC’s approval.

Kate Schmidt, a spokeswoman for DRBC, said the commission gave 14 days’ notice of a June 6, 2019 public hearing on whether to approve the project, more than the 10 days required by commission rules, and written comment was accepted until June 7. The commission approved the project on June 12.

After the upcoming hearing, the hearing officer will submit his findings and recommendations, based on hearing testimony and public written comments, which must be received by April 24, Schmidt said.

‘Highly unusual’ move to reopen case

Doug O’Malley, director of Environment New Jersey, said that reopening the public debate over the project was a “highly unusual” move that reflected an inadequate comment period before the approval was issued.

“Better late than never to have a more open public-comment process, but it’s a reflection that the public didn’t get an adequate opportunity to weigh in previously,” he said. “It was a very rushed process that followed the letter of the law but did not follow the spirit.”

Airing the issues before a hearing officer will provide “a measure of independence” to the process, said O’Malley, whose organization also opposes the plan. Even though the commission is not required to accept the hearing officer’s recommendations, any conclusion that the terminal should not go ahead would send a “very powerful message” to the DRBC, he said.

In June last year, the project needed permits from the New Jersey Department of Environmental Protection, the U.S. Army Corps of Engineers, the U.S. Coast Guard, Gloucester County, and Greenwich Township, the DRBC said.

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See also: Delaware Riverkeeper appeals state permit for LNG project in Gibbstown, Cherry Hill Courier Post, October 21, 2019

A coalition of environmental groups is fighting plans to ship LNG (liquefied natural gas) from Repauno Port & Rail Terminal on the Delaware River in Greenwich Township. Formerly owned by DuPont Company, the site is now under development by New Fortress Energy and Delaware River Partners as a rail terminal and deep-water port.

Multiple states and millions of people depend upon the Delaware River

From an Update by Miguel Cordon, S&P Global Market Intelligence, August 22, 2018

A New Jersey agency in charge of protecting state ratepayers asked a federal appeals court to review the US Federal Energy Regulatory Commission approval of PennEast Pipeline’s 1.1-Bcf/d natural gas pipeline project.

The New Jersey Division of Rate Counsel in a Monday letter asked the US Court of Appeals for the 3rd Circuit to review a FERC order that issued a Natural Gas Act certificate to the project and another order that turned down a request that the commission reconsider that approval. The state agency said it was “aggrieved” by the FERC rulings.

The New Jersey agency has disagreed with the federal commission’s conclusion that the project was needed. During the pipeline’s federal review, the state agency submitted evidence that it said demonstrated a lack of gas demand from New Jersey gas utilities (US Court of Appeals for the 3rd Circuit docket 18-2853).

FERC recently issued a number of orders that shut down challenges to its approvals of major interstate gas pipeline projects. One of these orders rejected a rehearing request by the Delaware Riverkeeper Network related to the FERC approval of PennEast. The environmental group has asked the US Court of Appeals for the District of Columbia Circuit to review the FERC approval and rehearing orders on PennEast.

The PennEast pipeline would run from Pennsylvania to New Jersey to deliver gas from the Marcellus Shale. Shippers for the project, including local distribution companies and electric power generators, have subscribed to about 1 Bcf/d of the project’s firm transportation capacity in binding precedent agreements. The project would consists of a 36-inch-diameter pipeline running 120 miles from Luzerne County, Pennsylvania, to an interconnection with Transcontinental Gas Pipe Line in Mercer County, New Jersey (CP15-558).

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Kayakers call for ‘full’ fracking ban in Delaware River basin

From an Article by Kyle Bagenstose, The Doylestown PA Intelligencer, August 21, 2018

Demonstrators launched a protest from Bordentown Beach, saying they want New Jersey Gov. Phil Murphy to ban importation of wastewater from drilling operations.

Call them kayak-tivists.

A group of demonstrators took their self-powered watercraft to the Delaware River on Tuesday morning, along with a banner carrying their message to “Ban Fracking and Frack Waste” in the river’s basin. A small contingent also took a three-hour excursion up the Crosswicks Creek in Bordetown, New Jersey, forgoing an earlier plan to cross the Delaware River to Bristol Borough due to an ominous weather forecast.

The demonstration is the latest iteration of a nearly decade-long effort to ban hydraulic fracturing, a natural gas drilling technique, in the basin. The focus is directed on the Delaware River Basin Commission, an inter-state regulatory agency whose five-member voting body comprises the governors of New Jersey, Pennsylvania, Delaware and New York, along with a federal government representative.

The DRBC is currently mulling regulations on fracking, which has been de facto banned in the basin since the commission punted on the issue in 2010 following intense public pressure.

Draft regulations presented in late 2017 would ban the use of hydraulic fracturing to reach natural gas deposits, a technique that has propagated throughout much of central and western Pennsylvania over the past decade. But they would allow for the regulated importation of waste from fracking operations elsewhere into the basin for treatment, and for clean water to be withdrawn from the basin for use in drilling operations.

Former New Jersey Gov. Chris Christie abstained from a vote last year that advanced the draft regulations, and activists on Tuesday directed the most attention toward current Gov. Phil Murphy.

“We want him to stand with us to defend the Delaware River, and vote at the (DRBC), where they will be voting before the end of the year,” said Tracy Carluccio, deputy director of the nonprofit Bristol-based Delaware Riverkeeper Network. “We want all three of the activities to be banned.”

Kate Schmidt, a spokeswoman for the commission, wrote in an email the DRBC has “no set schedule” for when it will vote on the regulations. “As always, the Commission may adopt final rules only at a duly noticed public meeting,” Schmidt added.

Whenever the vote does come, Murphy’s ability to change the course of regulations is uncertain. After they were proposed last year, the governors of Delaware, New York, and Pennsylvania all voted in favor of advancing to a formal review, with New Jersey abstaining and the federal government voting against. If that majority holds when the draft regulations are taken up for an official vote later this year, New Jersey’s vote would be extraneous.

Jeff Tittel, president of the New Jersey Sierra Club, said Tuesday he thinks Murphy could still exert influence. He pointed out Murphy is now the chairman of the commission.

“We want him to lead as chair to amend the rules, to take out the fracking waste and withdrawal of water,” Tittel said. “If you give them the water for fracking, and then they turn around and give you the waste back, it doesn’t make any sense.”

Tittel added he believed the Murphy administration is waffling from a campaign trail commitment to support a full ban. He said Kathleen Frangione, Murphy’s chief policy advisory, and Catherine McCabe, New Jersey Department of Environmental Protection Agency secretary, said recently they were “studying” the issue of banning wastewater importation.

A news release still on Murphy’s campaign website also includes the text of a letter he submitted to the DRBC in June 2017 advocating for a full ban. “I fully support a ban on the importation of fracking wastes into New Jersey — to protect against an accident or spill that would harm our lands and waters,” Murphy wrote.

However, Murphy’s office did not say Tuesday whether the governor would take any actions to pursue a full ban. Asked for the governor’s position, deputy press secretary Liza Acevedo pointed in part to a February 2018 letter Murphy wrote to Pennsylvania Gov. Tom Wolf.

In the letter, Murphy wrote only that he “Supports a ban on fracking and the commission’s efforts to drive this policy through these draft regulations.”

Acevedo later added “The Governor does not comment on draft regulations, particularly ones that received a high volume of comments that are being reviewed by staff.”

Carluccio and Tittel said they are primarily concerned about toxic materials in wastewater from fracturing operations reaching the basin’s waterways. Particularly of interest is the Delaware River itself, which serves as a source of drinking water for millions in the region.

Carluccio said she’s concerned wastewater treatment processes are not capable of fully removing toxic substances from the wastewater before discharging them back into the environment. Much of what’s in wastewater is uncertain due to trade secrecy, although it’s known the water can also pick up contaminants such as barium and radium from underground.

She added she’s worried that as the gas industry runs out of underground injection wells in which to discharge wastewater, they may focus on exporting it to areas such as the basin for disposal.

However, the Marcellus Shale Coalition, a drilling industry group, provided figures stating the industry recycles more than 90 percent of its wastewater for use in other wells.

The coalition also argues hydraulic fracturing can be done safely and with little impact to water resources. Often cited is the Susquehanna River basin, which encompasses drilling areas and has its own commission, the SRBC.

“For more than a decade now, the SRBC has safely managed water resources, while allowing for responsible development of property rights,” David Spigelmyer, president of the Marcellus Shale Coalition, told state lawmakers at a June hearing. “The unconventional natural gas industry has worked closely with the SRBC to ensure that water withdrawals and water usage within the basin are done in a safe and responsible manner.”

Commission officials also are adamant that the draft regulations would be an improvement over what currently exists and discourage the importation of waste water. Schmidt said the current moratorium on drilling does not extend to importation, and the commission can only review any permit applications when they involve withdrawing more than 100,0000 gallons of water or importing more than 50,000 gallons of wastewater per day. Instituting the regulations would place new scrutiny on any such activities for drilling activities, officials said.

NY, PA, NJ, DE, & US Army Engineers

Article from The News Eagle, Trenton, NJ, January 14, 2018

WEST TRENTON, N.J. – The Delaware River Basin Commission (DRBC) on January 8 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. Two additional public hearings also have been scheduled in February and March. One of them is by telephone.

“The commissioners believe the extended comment period and two additional hearings announced today in response to numerous requests will provide adequate opportunities for the public and government officials to study the proposed regulations and offer input to inform the commissioners’ decision-making process,” said DRBC Executive Director Steve Tambini. “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 web site 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. February 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., in 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 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.

2. 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 capacity remains 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. On-site registration for each hearing will also be available. Those who have not registered in advance are encouraged to check capacity through the online system before traveling to attend a hearing.

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 and attachments should be submitted through the DRBC’s online comments webpage at: http://dockets.drbc.commentinput.com/.

The DRBC is a federal/interstate government agency responsible for managing the water resources within the Delaware River Basin without regard to political boundaries. The five commission members are the governors of the basin states (Delaware, New Jersey, New York, and Pennsylvania) and the commander of the U.S. Army Corps of Engineers’ North Atlantic Division, who represents the federal government.

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