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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2013

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On January 1, 2013 (Volume 16, Issue 7), OMB published in the Delaware Register of Regulations its notice of proposed regulations, pursuant to 29 Del.C. §10115. It was requested that written materials and suggestions from the public concerning the proposed regulations be delivered to OMB by February 20, 2013 or be presented at a public hearing on February 5, 2013, after which time OMB would review information, factual evidence and public comment to the said proposed regulations.
Chip Rankin, representing milliCare
Agency response: Thank you for your comment. This comment refers to Section 4.1 of the proposed regulation that reads as follows:
Agency response: Thank you for your comment. Language in Section 4.1 would require a listing of recognized certifications.
Sean Moore, Director of State Affairs East Region, Consumer Specialty Products Association (CSPA)
Agency response: Thank you for your comment. Please see first response to Chip Rankin above.
Claire L. Barnett, Executive Director, Healthy Schools Network
Agency response. Thank you for your comment. Please see first response to Chip Rankin above.
Agency response.Thank you for your comment.The current definition of Integrated Pest Management was incorporated as a result of public comment from the previous version of this regulation and is consistent with industry standard definitions. Accordingly the proposed regulation will not be further amended.
Josh Jacobs, UL Environment
Agency response: Thank you for your comment. Please see first response to Chip Rankin above.
Marcia Deegler, Director of Environmental Purchasing, Commonwealth of Massachusetts Operational Services Division
Agency response: Thank you for your comment. Please see first response to Chip Rankin above.
Agency response: Thank you for your comment. Please see first response to Chip Rankin above.
Mark Petruzzi, Senior Vice President of Outreach and Strategic Relations, Green Seal, Inc.
Agency Response: Thank you for your comment. Please see first response to Chip Rankin above.
Agency Response: Thank you for your comment. The regulation allows flexibility in choosing third party certifications. As such, the regulation will not be amended to include such a definition.
The Department finds that the proposed regulation as set forth in the January 2013 Register of Regulations should be adopted. While the Office of Management and Budget appreciates the suggestions that specific certifications be referenced in the proposed regulation, the requested references to certain certifications are rendered unnecessary by the State’s regulatory power to accept these proposed certifications. Additionally, the more generic approach set forth in this regulation will allow the State to remain flexible and require fewer revisions to the regulation in the future as the name and variety of certifications change.
NOW THEREFORE, under the statutory authority and for the reasons set forth above, the Director of the Delaware Office of Management and Budget does hereby ORDER that the Regulation be, and that it hereby is, adopted and promulgated. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations, in accordance with 29 Del.C. §10118(g).
Pursuant to 29 Del.C. §6301A, the Office was established. The Office has authority to make regulations pursuant to 29 Del.C. §6303A(16) and 6913. The Regulation is established in compliance with 29 Del.C. §6913 and Executive Order 18 (February 17, 2010).
Biodegradable” means capable of being broken down by microorganisms into simple, stable compounds such as carbon dioxide and water.
Composting” means the conversion of organic material to compost by microorganisms. Compost is organic material that can be used as a soil amendment or as a medium to grow plants. Composting reducing the organic portion of garbage include yard trimmings, leave and food scrapes.
DfE" means the U.S EPA Design for the Environment Formulator/Labeling Program.
Director” means the Director of the Delaware Office of Management and Budget.
DNREC” means the State of Delaware Department of Natural Resources and Environmental Control.
DTI” means the State of Delaware Department Technology and Information.
Electronic Product Environmental Assessment Tool (EPEAT)” means a system that helps the purchaser evaluate, compare and select electronic products based on their environmental attributes. The system currently covers desktop and laptop computers, thin clients, workstations and computer monitors.
Energy Star” means EPA’s energy efficiency product labeling program.
Energy Efficient” means a product that is in the upper 25 percent of energy efficiency for all similar products, or that is at least 10 percent more efficient than the minimum level that meets Federal standards.
Environmental Performance” means considerations including the use of renewable resources, improved energy and water efficiency, the reduction of air contaminants and greenhouse gas emissions, increased reuse and recycling, and the reduction of hazardous waste and toxic pollutants.
Environmentally Preferred” means products and services that perform effectively and have a less or reduced effect on human health and the environment over the life cycle of the products and services when compared with competing products or services that serve the same purpose.
GSS” means the Delaware Office of Management and Budget, Government Support Services.
Hardscape” means part of the building’s grounds made with hard materials such as patios, retaining walls and walkways.
Green Building Council/Leadership in Energy and Environmental Design (LEED)” means an internationally recognized green building certification system, providing third-party verification that a building or community was designed and built using strategies aimed at improving performance across all the metrics that matter most: energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of resources and sensitivity to their impacts
Heat-Island Effect” means warmer temperatures in urban areas compared to the adjacent rural areas as a result of solar energy retention on constructed surfaces such as streets, sidewalks, parking lots and buildings.
Impervious” means the condition of surfaces that do not permit the passage of liquids.
Integrated Pest Management (IPM)” includes (a) communication and educating customers about pests, pest management and the parties' responsibilities; (b) thorough inspections and monitoring to identify pest problems and conditions that might be contributing to pest problems; (c) preventive actions such as pest-proofing and trash management to keep pests from becoming a problem; (d) physical pest management tools and tactics such as trapping, vacuuming, and using heat or cold to control pests; (e) low impact use of pesticides; and (f) follow up and evaluation of pest management actions.
"Integrated Vegetation Management (IVM)" A system of managing plant communities in which compatible and incompatible vegetation is identified, action thresholds are considered, control methods are evaluated and selected control(s) are implemented to achieve a specific objective. Choice of control methods is based on effectiveness, environmental impact, site characteristics, safety, security and economics. Control options, which include biological, chemical, cultural, manual, and mechanical methods, are used to prevent or remedy unacceptable, unreliable, or unsafe conditions.
Life-cycle Cost analysis” means the study of the costs associated with a product through its life cycle – from acquisition to its end-of-life management.
Office” means the Delaware Office of Management and Budget.
Permeable” means the condition of surfaces permitting the passage of liquids.
Post-Consumer Material” means a finished material which would normally be disposed of as a solid waste, having reached its intended end-use and completed its life cycle as a consumer item, and does not include manufacturing or converting wastes.
Recycled Content” means the percentage of recovered material, including pre-consumer and post-consumer materials, in a product that otherwise would have been discarded.
Reused Product” means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs.
Source Reduction” means products that result in a net reduction in the generation of waste compared to their previous or alternate version and includes durable, reusable, and remanufactured products.
State” means the State of Delaware.
Surfactant” means an agent that, when dissolved in water, breaks surface tension and allows cleaning agents a more effective removal of dirt from surfaces.
Sustainable” means the needs of the present are met without compromising the ability of future generations to meet their own needs.
Water-Saving Products” means products that are in the upper 25 percent of water conservation for all similar products, or at least 10 percent more water conserving than the minimum level that meets the Federal standards.
WaterSense” means a partnership program sponsored by EPA, to help Americans save water and protect the environment.
6.1 Apply, as a general rule, the 5 percent price preference for purchasing recycled-content products as specified in 29 Del.C. §6938. Specify and purchase products that contain the highest percentage of post-consumer recycled-content practicable.
10.1 Require that all surplus or outdated equipment/facilities/materials be identified as surplus, and, as required by 29 Del.C. §7002, be considered to have no remaining useful life and available for disposal.
11.1.1.4 Fruit and vegetable consumption is an important component of a balanced diet consistent with the Dietary Guidelines for Americans and the Food Guide Pyramid. In order to maximize the nutritional value and reduce the use of carbon fuels, fresh produce to support the Farm to School Initiative should be required to be delivered within 2 days of harvest.
Last Updated: December 31 1969 19:00:00.
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