Natural Gas Shales and Natural Gas Well Development

SRBC Determination on Other Natural Gas Shales
On April 21, 2011, SRBC Executive Director Paul O. Swartz issued the following determination: Pursuant to my authority under 18 CFR §§ 806.4(a)(8) and 806.5, I hereby determine that natural gas well development projects involving a withdrawal, diversion or consumptive use of water and targeting the Antes, Burket, Geneseo, Mandata, Middlesex, Needmore, or Rhinestreet shale formations shall be subject to the review and approval of the Susquehanna River Basin Commission. Read Full Determination

Project Review Documents

Final Rulemaking – Regulations Part 806

On December 15, 2011, SRBC adopted final rulemaking, which shall become effective April 1, 2012. The official Final Rule will be published in the Federal Register, click here to view and download the SRBC-adopted rule (note: this is not the official Final Rule).

PROJECT REVIEW REGULATIONS (PDF)*

The Commission’s Project Review Regulations, codified at 18 Code of Federal Regulations (CFR) Parts 801, 806, 807 and 808, contain the standards and procedures used by the Commission for the review and approval of water resources projects, and for related enforcement and oversight activities.

On September 16, 2010, the Commission approved a final rulemaking action amending these regulations, which will become effective on November 1, 2010. Among other things, these amendments: 1) re-establish review of subsidiary water allocations; 2) reiterate existing practices and policies; 3) improve notice requirements for project applications; 4) add new standards for diversions into the basin; and 5) clarify procedures for transferring approvals, obtaining new gas well water sources, and filing administrative appeals.

The amendments were published in the Federal Register as a final rulemaking notice on October 1, 2010 and will also appear in the New York Register, the Pennsylvania Bulletin, and the Maryland Register. The amendments will eventually be incorporated into the CFR’s April 2011 update. After the November 1, 2010 effective date, the Commission will place online an updated version of its Project Review Regulations containing these latest amendments. Meanwhile, interested parties are directed to the October 1, 2010 issue of the Federal Register, p. 60617 to view the amendments.

Final Rulemaking as Published in Federal Register on October 1, 2010

An Overview of the Project Review Process and Docket Content (PowerPoint)

An Overview of the Project Review Process and Docket Content (PDF)

Regulatory Program Fee Schedule (PDF) Fee schedule, as amended on June 23, 201 and effective July 1, 2011.

Pad-To-Pad Interbasin Transfers of Flowback for Natural Gas Well Development Policy

Application Fee Policy for Mine Drainage Withdrawals (PDF)* The commissioners approved the policy at its quarterly business meeting on June 18, 2009.

Consumptive Use Mitigation Fee Resolution (PDF)* Effective January 1, 2009 Resolution 2008-03 was approved by the commissioners on June 12, 2008. The resolution establishes the fee of $0.21 per thousand gallons of consumptive use effective January 1, 2009 and $0.28 per thousand gallons of consumptive use effective January 1, 2010.

Monitoring Report and Consumptive Water Use Payment Schedule

Water Resources Portal (Pending Applications & Approved Projects)

Forms and Applications

Emergency Water Withdrawal/Consumptive Water Use Procedures (PDF)*

Passby Flow Guidance (PDF)*

Aquifer Testing Guidance (PDF)*
View Guidance Online

Project Review Policies

Memorandum of Understanding Between the SRBC and the Pa Department of Environmental Protection Regarding Coordination of Project Review Functions (PDF)*