Fracking Wastewater Discharge Banned In Delaware River Basin

YARDLEY, PA —The release of wastewater from fracking has been banned by the Delaware River Basin Commission, which adopted new rules on discharges Wednesday.

In a 4-0 vote, the West Trenton, N.J.-based commission also approved tougher guidelines for importing and exporting wastewater.

“The DRBC Commissioners have taken a bold step to protect our Basin’s exceptional water resources,” said Steve Tambini, DRBC's executive director. “Adoption of these rules by the Commission is a joint action of four states and the federal government, confirming the significant and vital role our shared water resources play in the lives of more than 13 million people.”

The five commission members are the governors of the basin states (Pennsylvania, Delaware, New Jersey and New York) and the commander of the U.S. Army Corps of Engineers’ North Atlantic Division, which represents the federal government.

The measures include:

• Prohibiting the discharge of wastewater from high-volume hydraulic fracturing to land or water to control future pollution, protecting public health, and preserving the waters of the Basin.
• Strengthening the commission's policies regarding the exporting and importing of water, including wastewater, into and from the Basin and providing greater detail for implementing them.
• Discouraging, limiting and placing conditions on water importation and exportation to protect the health and safety of Basin residents and preserve Basin waters for aquatic life and other uses. The resolution recognizes the Delaware River Basin’s limited water quantity, susceptibility to drought, and limited capacity to assimilate wastewater.

The DRBC held five public hearings on the draft rules and received thousands of comments and petitions from a diverse cross-section of the Basin’s communities and beyond.

DRBC staff and commission member agencies reviewed and evaluated all comments and additional scientific and technical literature and reports.

“We appreciate the robust public engagement, the input from the DRBC’s state and federal members, and the careful deliberation by the Commissioners throughout this process,” Tambini said.

In February 2021, the commission approved a final rule prohibiting the practice of fracking – a process by which a mixture of water, sand, or gravel, and chemicals is forced into the rock to remove oil and natural gas —in the Basin. That decision also triggered the process for preparing the rules that were adopted Wednesday.