18 CFR Part 440 — High Volume Hydraulic Fracturing

PART 440—HIGH VOLUME HYDRAULIC FRACTURING Authority: Delaware River Basin Compact (75 Stat. 688). Source: 86 FR 20630, Apr. 21, 2021, unless otherwise noted. § 440.1 Purpose, authority, and relationship to other requirements. (a) Purpose. (b) Authority. (c) Comprehensive Plan. (d) Relationship to other Commission requirements. (e) Severability. (f) Coordination and avoidance of duplication. [86 FR 20630, Apr. 21, 2021, as amended at 88 FR 7006, Feb. 2, 2023] § 440.2 Definitions. For purposes of this part, the following terms and phrases have the meanings provided. Some definitions differ from those provided in regulations of one or more agencies of the Commission's member states and the Federal Government. Other definitions are consistent with terms defined by the Delaware River Basin Compact. Basin Commission Discharge of wastewater from HVHF and HVHF-related activities Fracturing fluid(s) High volume hydraulic fracturing (HVHF) HVHF-related activities (1) Construction of an oil or natural gas production well that is to be stimulated using HVHF as defined in this section; (2) Chemical mixing or storage of proppant, chemicals and other additives to make fracturing fluid; and (3) Management of wastewater from hydraulic fracturing, including storage, disposal, treatment, or reuse in hydraulic fracturing operations or other uses. Hydraulic fracturing Person Wastewater from HVHF and HVHF-related activities (1) Any wastewater, brine, or sludge containing chemicals, naturally occurring radioactive materials, heavy metals or other contaminants that have been used for or generated by high volume hydraulic fracturing or HVHF-related activities; (2) Leachate from solid wastes associated with HVHF-related activities, except if the solid wastes were lawfully disposed of in a landfill within the Basin prior to March 6, 2023; and (3) Any products, co-products, byproducts, or waste products resulting from the treatment, processing, or modification of the wastewater described in paragraphs (1) and (2) of this definition. Water resource(s) Delaware River Basin Compact, [86 FR 20630, Apr. 21, 2021, as amended at 88 FR 7007, Feb. 2, 2023] § 440.3 High volume hydraulic fracturing (HVHF). (a) Determination. (b) Prohibition. § 440.4 Wastewater from high volume hydraulic fracturing and related activities. (a) Determination. (b) Prohibition. [88 FR 7007, Feb. 2, 2023]

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