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Delaware River Basin Commission passes new fracking waste rules, falls short of a total ban

Delaware Public Media

The Delaware River Basin Commission votes to tighten rules on river water use in high volume hydraulic fracturing - or fracking - but fall short of a total ban.

Nearly 12,000 people submitted comments to the DRBC about potential changes, virtually all of them calling for a full ban.

The Delaware River Frack Ban Coalition warns that without one, transporting any fracking wastewater in and out of the watershed still produces pollution and poses risks to public health. Delaware Riverkeeper Network Deputy Director Tracy Carluccio says there should be no exceptions.

“You did not ban outright the importation of wastewater produced by fracking and you did not ban outright the export of water from the watershed for fracking," she says at Wednesday's DRBC meeting during public comment. "If we are correct, this is not only a huge loss for the health and safety of our communities, it is a missed opportunity by you as commissioners who are charged with the responsibility of protecting and managing the Delaware River watershed for the benefit of all of our communities.”

But DRBC Executive Director Steve Tambini says the rules adopted Wednesday are in line with the commission’s comprehensive plan and address the dangers.

“The discharge of wastewater from high volume hydraulic fracturing and HVHF related activities poses significant immediate and long term risks to the development, conservation, utilization, management and preservation of the basin's water resources.”

The Water Code amendment only narrows the circumstances in which the Commission may approve wastewater transport, which they say will be rare.

"Advocates have passionately exhorted the DRBC to address the threats to water resources posed by HVHF," Tambini says. "Commissioners, you listened, & through the DRBC you acted boldly and responsibly.”

The DRBC says the changes approved Wednesday set a “high bar” for approving any importing of fracking wastewater into the Basin, and since wastewater discharges are banned, they anticipate only low volumes will be transported, stored, treated, processed, or reused within the Basin.

The DRBC enacted a fracking moratorium over a decade ago and banned it entirely last year, but New Jersey Sierra Club director Jeff Tittel suggests these new rules do not fully close all the loopholes that could endanger the Basin and surrounding areas.

“In trying to piece together what you are proposing today, it was about as clear as fracking fluid," he says. "And so my concern is that we're really not getting to where we need to be. For instance, it still seems to allow the transfer, storage and transportation of fracking waste in the basin, which could lead to accidents, spills and horrendous potential for impacts to water.”

Others at Wednesday’s DRBC meeting expressed disappointment in the Biden administration for abstaining from the vote, saying the President ran on being a climate leader, but declined to “strike a blow” to fracking in this vote.

Rachel Sawicki was born and raised in Camden, Delaware and attended the Caesar Rodney School District. They graduated from the University of Delaware in 2021 with a double degree in Communications and English and as a leader in the Student Television Network, WVUD and The Review.