WEST TRENTON –  the Delaware River Basin Commission will consider adoption of Article 7 of DRBC’s Water Quality Regulations to protect the water resources of the Delaware River Basin during the construction and operation of natural gas development projects.

The revised draft regulations apply to all “natural gas development projects” as that term is defined in Section 7.2 , including the construction and operation of all natural gas wells in the basin, regardless of the target geologic formation, whether a well is for production or exploration, and whether high-volume or low-volume hydraulic fracturing is contemplated. Appurtenant infrastructure is also addressed.

Organizationsfrom throughout the Delaware River Watershed cried “foul” today because the DRBC issued what it termed as “modified” natural gas development regulations without any opportunity for public comment, input, or testimony concerning the changes to the draft regulations. DRBC released a draft of its proposed rules in December 2010 with a public comment period that closed April 15, 2011. A record number of comments were received by the agency on the draft - 69,800 comments - breaking all records for public involvement. Since then they have been reviewing the comments and announced last month that they would be voting on the draft regulations 10:00am -12:00pm on November 21, 2011 at a special meeting at the War Memorial in Trenton, NJ and that there would be no public hearing and no opportunity for public input into the new version of the regulations. A vote to approve gas regulations would lift the current moratorium on gas drilling in the Delaware River Basin.

“DRBC is slamming the door in the public’s face and it’s simply unacceptable. It’s a gross violation of the public trust not to hear what people have to say about these changed regulations; the deep and unprecedented interest that people have shown to gas drilling is undeniable and our Watershed’s health and future is at stake”, said Maya van Rossum, the Delaware Riverkeeper.

Draft regulations were originally published on December 9, 2010 (“Dec. 2010 draft”). The Commission held eighteen hours of public hearings at three locations during February 2011 to receive testimony and received approximately 69,000 submissions commenting on the Dec. 2010 draft during the public comment period that closed on April 15, 2011. DRBC published a revised draft of Article 7 on its web site on November 8, 2011 (“revised draft regulations”). The revisions were guided by the public’s comments and Commissioners’ discussions with their respective staff, advisors, and one another.

If and when adopted, this Article would constitute a joint exercise of the sovereign authority of Delaware, New Jersey, New York, Pennsylvania, and the federal government pursuant to the Delaware River Basin Compact. The Article would also amend the Commission’s Comprehensive Plan. Commission regulations are one mechanism by which the basin states and federal government work together to manage water resources in an integrated manner for the benefit of all citizens of the basin.