Nick Snow
Washington Editor
The Delaware River Basin Commission (DRBC) stepped forcefully into the Marcellus shale gas discussions on Dec. 9 with proposed regulations covering all gas development projects regardless of their targeted geologic formation. The rules would apply to water withdrawals, well pad activities, and water disposal programs associated with activity in Delaware, New Jersey, New York, and Pennsylvania.
At first glance, the proposals seemed to take an approach that would be more welcome in New York, where the state legislature adopted a 1-year gas drilling moratorium, than in Pennsylvania, where producers, state and local officials, and property owners are attempting a more constructive approach.
DRBC said it became involved after determining that fracing and horizontal drilling in the Marcellus and other areas might affect the basin's water resources by reducing flows in streams and freshwater aquifers.
Most of the basin's shale gas formations are within DRBC's designated Special Protection Waters. "Under this determination," DRBC said, "a gas extraction project encompasses the drilling pad upon which a well intended for eventual production is located, all accompanying facilities and related activities, and all locations of water withdrawals used or to be used to supply water to the project."
Extended requirement
While states regulate exploratory wells, fracing can't take place until the production phase, which DRBC originally had to approve, it added. DRBC Executive Director Carol R. Collier extended the requirement for approval on June 14 to exploratory wells not already drilled.
"This supplemental determination removes any regulatory incentive for project sponsors to classify their wells as exploratory wells and install them without DRBC review before the commission's natural gas regulations are in place," she said.
The proposed requirements include mandatory preparation of development plans by any producer with more than 3,200 acres of leases in the basin or plans for more than five pads at any well. It would establish minimum distances from water bodies, wetlands, surface supply intakes and reservoirs as specified by DRBC, and from occupied homes; public buildings, roads, and water supply wells; and domestic water wells as appropriate state regulations dictate.
DRBC also proposed requiring a project's sponsor to submit wastewater treatment plans including a comprehensive tracking system, to transfer wastewater to temporary well site storage tanks or a centralized storage facility, and to reuse or properly dispose of fluids and cuttings from horizontal well bores.
The commission said that it would hold three public hearings on its proposed regulations, and accept comments either electronically online or by mail at its headquarters until Mar. 16.
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