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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2013

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Notice is hereby given that a public comment period for proposed 906 Euthanasia of Animals in Shelters Regulations will open on April 1, 2013 and close on April 30, 2013. The purpose of the public comment period is to provide the public time to consider the proposed regulation; 906 Euthanasia of Animals in Shelters Regulations and to make comment with regard to the adoption of said regulations. These proposed regulations have been developed pursuant to 3 Del.C. §8004. The proposed regulations govern the acceptable methods of euthanasia, as well as the standards for sanitation and ventilation of the euthanasia areas, for animals held animal shelters. These regulations were developed by the Poultry and Animal Health Section of the Delaware Department of Agriculture in consultation with the Delaware Board of Veterinary Medicine, Division of Professional Regulation.
The proposed regulations are posted on the Delaware Department of Agriculture website ( Hard copies of the proposed regulations may be obtained from the Delaware Department of Agriculture. Comments may be submitted in writing and/or e-mail to Heather Hirst ( at the Delaware Department of Agriculture, on or before April 30, 2013. A public hearing on these regulations will NOT be held unless the Secretary of Agriculture receives a request within 30 days from this notice, or if the Secretary determines that a public hearing is in the public interest. A request for a hearing shall be in writing and shall state the nature of the issues to be raised at the hearing. It must show familiarity with the proposal and a reasoned statement of the proposed regulations impact. It is requested that written comments or requests for a hearing be addressed to:
Copies of the proposed regulations are available for review in the April 1, 2013 edition of the Delaware Register of Regulations, accessible online at: or by calling the Office of Health Facilities Licensing and Certification at (302) 283-7220.
1108 Sulfur Dioxide Emissions From Fuel Burning Equipment
The Division of Air Quality (DAQ) of the Department is proposing to revise Delaware 7 DE Admin. Code 1108 to lower the allowable content of sulfur in fuels combusted in Delaware, and to effectively reduce the emissions of sulfur dioxide (SO2) into the atmosphere, which will aid in the attainment and maintenance of Delaware’s air quality relative to the SO2 and fine particulate matter National Ambient Air Quality Standards (NAAQS). The reduction will also reduce acid rain, and will aid in reaching visibility goals of the federal regional haze program.
In addition, the Department will submit the revision of 7 DE Admin Code 1108, after being finalized, to the U.S. Environmental Protection Agency (EPA) as a revision to Delaware’s state implementation plan (SIP).
On June 2, 2010, the United States Environmental Protection Agency (EPA) strengthened the National Ambient Air Quality Standards (NAAQS) for the pollutant sulfur dioxide (SO2), by adding a new standard of 75 parts per billion. Section 110(a)(1) of the CAA requires States to submit to the EPA a State Implementation Plan (SIP) that provides for implementation, maintenance, and enforcement of a newly promulgated or revised NAAQS.Section 110(a)(2) lists the elements that are to comprise the implementation plan, which include basic program elements such as enforceable emission limitations and control measures, air quality monitoring and modeling, a permitting program, adequate funding and personnel, authority under state law to carry out the plan, emissions reporting, emergency powers, public participation, and fee collection. Because there have been NAAQS in existence for many years that cover the pollutant SO2, the CAA 110 requirements are already substantially addressed in Delaware’s SIP. The proposed SIP document discusses how Delaware’s SIP meets each requirement of Section 110(a)(2)(A)-(M) of the CAA for the 2010 SO2 NAAQS.
Substantial revisions to the Delaware Sediment and Stormwater Regulations are proposed to address April 2005 recommendations of Governor Minner’s Task Force on Surface Water Management. The regulations have been revised to address stormwater volume management, conveyance adequacy, operation and maintenance of stormwater management facilities, and to establish performance standards for sediment and stormwater practices. A public hearing was conducted on March 1, 2012. Following comments received, substantive changes are proposed to the regulatory language necessitating a second public hearing.
Upon the effective date of revised regulations, the Regulations Governing the Pollution Control Strategy for the Indian River, Indian River Bay, Rehoboth Bay, and Little Assawoman Bay Watersheds, effective November 11, 2008, Section 5.0 Sediment and Stormwater Controls, may be affected.
The Department of Natural Resources and Environmental Control (DNREC) Division of Watershed Stewardship will conduct a second public hearing on the proposed revisions to the Delaware Sediment and Stormwater Regulations Regulation No. 5101 Sediment and Stormwater Regulations, to address the April 2005 recommendations of Governor Minner’s Task Force on Surface Water Management, as well as substantive changes to regulatory language following the first public hearing.
The public hearing on this proposed revision of Regulation No. 5101 Sediment and Stormwater Regulations will be held Tuesday, April 23, 2013, at 6:00 p.m. in the DNREC Auditorium, Richardson and Robbins Building, 89 Kings Highway, Dover, DE 19901.
The Delaware Board of Dentistry and Dental Hygiene, pursuant to 24 Del.C. §1106(a)(1), proposes to revise its rules and regulations. The changes to the regulations remove the permissive grant of CPEs for being employed as a faculty member and clarifies the documentation required by a licensee submitting CPEs for oral or clinical presentations and self-study.
The Delaware Board of Nursing, pursuant to 24 Del.C. §1904(c), proposes to revise regulation 6.4 to add a new section, 6.4.6. The proposed addition permits graduates of out-of-state programs that may not have attained Board approved status to obtain licensure by examination if, at the time of submission of the application, the Board finds that the content of the out-of-state program is equivalent to the minimum requirements of the Board for full approval status established by these regulations. There is also an addition to the title of Regulation 6.4, reflecting this addition.
Pursuant to 24 Del.C. §2506(a)(1), the Delaware Board of Pharmacy has proposed revisions to its rules and regulations. The definition of "compounding" is revised to specify that reconstitution of oral solutions is not considered compounding. Rules 6.4 and 11.2.8, pertaining to "Customized Patient Medication Packages" are amended. In particular, Rule 6.4 states that such packaging of controlled substances is prohibited. Rule 14.0, pertaining to the administration of injectable medications, is amended to encompass registered interns and pharmacy students, with the requirement that registered interns and pharmacy students must be directly supervised by a licensed pharmacist who is approved for injectable administration. Registered interns and pharmacy students shall also be required to complete continuing education in this area of practice. Rule 14.0 is also revised for greater clarity.
In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be May 30, 2013 which is 15 days following the public hearing. The Board will deliberate on all of the public comment at its regularly scheduled meeting on June 19, 2013 at 10:00 a.m., at which time it will determine whether to adopt the rules and regulations as proposed or make additional changes due to the public comment.
The Delaware Board of Examiners of Psychologists, pursuant to 24 Del.C. §3506(a)(1), proposes to revise its regulations. The Board seeks to correct a typographical error in regulation The Board also seeks to amend regulation 7.2 to clarify the group supervision requirements for postdoctoral applicants. The Board proposes to add a new regulation number 10.1.4 defining a continuing education hour. The Board proposes to amend regulation 10.6.4 to clarify the process by which teaching a workshop may be used for qualifying continuing education. The Board seeks to create a new regulations number 18, addressing the practice of telepsychology by licensees.
A copy of the proposed regulations is being published in the April 1, 2013 edition of the Delaware Register of Regulations. A copy is also on file in the Office of the State Bank Commissioner, 555 E. Loockerman Street, Suite 210, Dover, DE 19901 and is available for inspection during regular office hours. Copies are available upon request.
The Delaware Public Employees Pension System ("DPERS") hereby give notice of its intention to adopt amended regulations pursuant to the General Assembly's delegation of authority to adopt such measures found at 29 Del.C. §8308(c)(1) and in compliance with Delaware's Administrative Procedures Act, 29 Del.C. §§10115 and 10117. The proposed regulations delete obsolete language, bring the regulations into compliance with changes in Federal Law, and clarify the definitions of casual/seasonal, regular part-time, substitute, and temporary employee. Identical update and formatting changes are made in each set of regulations. A chart outlining the nature of each change made to each section within each set of regulations follows each set of proposed regulations.
Last Updated: December 31 1969 19:00:00.
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