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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2013

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These amendments will update Lottery regulations to include new Internet Lottery regulations. Internet Lotteries are defined by 29 Del.C. §4801(i) as "all lottery games in which the player's interaction with the game operated by the Office occurs over the Internet (which, for purposes of this chapter, shall include any public or private computer or terminal network, whether linked electronically, wirelessly, through optical networking technology or other means), including Internet ticket games, the Internet video lottery and Internet table games." The proposed regulations will set forth parameters for minimum internal controls, vendor licensing, employee licensing, approval of gaming equipment, and other operational standards.
Copies of the proposed regulations are available for review in the July 1, 2013 edition of the Delaware Register of Regulations, accessible online at: http://regulations.delaware.gov or by calling the Office of Drinking Water at (302) 741- 8630.
The Secretary of Labor, in accordance with 19 Del.C. §§2322B,C,D,E, and F, has proposed revisions to the rules and regulations relating to the Delaware Workers' Compensation Health Care Payment System (HCPS). These proposals 1) update the fee schedule and fee schedule guidelines to significantly reduce the number of medical codes with fees designated as POC85 (85 percent of charge); 2) remove the anchor date for medical codes to allow annual coding updates; 3) add the methodology used for hospital and ambulatory surgery center annual rate change reports; 4) change the anesthesia, pathology, durable medical equipment, and radiology fee methodologies; 5) change the pharmacy reimbursement and formulary; 6) change the initial date providers use to determine the two year deadline for completing the mandatory continuing education course; 7) remove the UR appeal deadline that is now part of the statute; and 8) remove the "Employer's Modified Duty Availability Report" and "Physicians Report of Workers' Compensation Injury" previously embedded in the regulations.
The Secretary of Labor, in accordance with 19 Del.C. §§2322C, has proposed revisions to the rules and regulations relating to the practice guidelines in the Delaware Workers' Compensation Health Care Payment System (HCPS). The proposals are as follows:
PART A Carpal Tunnel Syndrome Guidelines: removes the reference to maximum medical improvement.
PART B Chronic Pain Treatment Guidelines: 1) remove the reference to maximum medical improvement; 2) correct the Office of Workers’ Compensation name; and 3) change the number of allowable maximum visits primarily in section 6.0, Therapeutic Procedures – Non-Operative.
PART C Cumulative Trauma Disorder Treatment Guidelines: removes the reference to maximum medical improvement.
PART D Low Back Treatment Guidelines: remove the reference to maximum medical improvement; correct typographical errors; revise the maximum number of treatments allowed, primarily in two sections, Therapy – Passive and Therapy – Active; and revise the section on Artificial Lumbar Disc Replacement.
PART E Shoulder Treatment Guidelines: changes the maximum duration allowed for Superficial Heat and Cold Therapy.
PART F Cervical Treatment Guidelines: adds the effective date; deletes references to maximum medical improvements; and changes the number of maximum allowable treatments or visits, primarily in the section Therapy - Passive.
PART G Lower Extremity Treatment Guidelines: adds the effective date; deletes references to maximum medical improvements; and changes the number of maximum allowable treatments for superficial heat and cold therapy.
The State of Delaware, Department of Labor’s Division of Unemployment Insurance (“the Division”) hereby gives notice of its intention to adopt amended regulations pursuant to the General Assembly’s delegation of authority to do so found at 19 Del.C. §3122 and 29 Del.C. §10115. The proposed amended regulations will streamline unemployment insurance procedures, reduce the number of regulations confronting unemployment insurance claimants and employers, reduce paperwork, and contribute to the efficient operation of the government of the State of Delaware. The proposed regulations will be considered at a public hearing scheduled for Monday, July 22, 2013 from 10 a.m. to 12 noon in the third floor conference room of the offices of the Delaware Department of Justice located at 102 West Water Street, Dover, Delaware, 19904. Copies of the proposed amended regulations may be obtained from the Division of Unemployment Insurance (see address below).
The Division solicits, and will consider, timely filed written comments from persons with interest concerning these proposed amended regulations. The filing deadline for such written comments will be thirty (30) days after these proposed amended regulations are promulgated in the Delaware Register of Regulations, or by July 31, 2013. Any such submissions should be mailed or hand-delivered to W. Thomas MacPherson, Director, Division of Unemployment Insurance whose address is Delaware Department of Labor, Division of Unemployment, 4425 North Market Street, Wilmington, Delaware 19809.
1101 Definitions and Administrative Principles
This revision to 7 DE Admin. Code 1101 was identified in an April 1, 2013 Department of Natural Resources and Environmental Control (DNREC) report titled, "Executive Order 36 Report to The Office of the Governor." In 2008 Delaware's air regulations were recoded and established in 7 DE Admin. Code 1100. The regulatory language in 1101 was inadvertently not updated, and continues to reference to the prior "Regulations Governing the Control of Air Pollution." The outdated references could lead to citizens and industry searching for documents that no longer exist, or potentially to an incorrect regulatory interpretation. Revisions are proposed to correct the outdated references.
This revision to 7 DE Admin. Code 1103 was identified in an April 1, 2013 Department of Natural Resources and Environmental Controls (DNREC) report titled, "Executive Order 36 Report to The Office of the Governor." Revisions are proposed to bring the regulatory standards up-to-date with current federal requirements. 1103 currently contains outdated test methods and emission standards. This requires citizens and industry to review both state regulations and federal regulations, and to reconcile the two, in order to understand the requirements that apply in Delaware. This could also lead to state and federal requirements being incorrectly applied. This unnecessary regulatory burden will be eliminated with this revision to 1103. The revised regulation will also be submitted to the EPA as a revision to Delaware's State Implementation Plan (SIP).
This revision to 7 DE Admin. Code 1104 was identified in an April 1, 2013 Department of Natural Resource and Environmental Controls (DNREC) report titled, “Executive Order 36 Report to The Office of the Governor.” Revisions are proposed to clarify that the exemptions 1.2 and 1.4 of this regulation are for the capacity of the unit, and not the operating rate. The revised Regulation will also be submitted to the EPA as a revision to Delaware’s State Implementation Plan (SIP).
1114 Visible Emissions
This revision to 7 DE Admin. Code 1114 was identified in an April 1, 2013 Department of Natural Resources and Environmental Control (DNRECs) report titled, “Executive Order 36 Report to The Office of the Governor.” Revisions are proposed to delete the alternate opacity standard in Section 2.3. This alternate standard was established for a petroleum refinery unit prior to installation of modern pollution control equipment in 2006. The instillation of the pre-scrubber on the catalytic cracking unit in 2006 makes this alternative opacity standard obsolete, and the unit is now subject to compliance with the general 20 percent opacity limit in Section 2.1. This is a burdensome requirement to administer and track and is no longer relevant or necessary. The revised Regulation will also be submitted to the EPA as a revision to Delaware’s State Implementation Plan (SIP).
1139 Nitrogen Oxides (NOx) Budget Trading Program
The repeal of 7 DE Admin. Code 1139 was identified in an April 1, 2013 Department of Natural Resources and Environmental Control (DNRECs) report titled, “Executive Order 36 Report to The Office of the Governor.” Repeal of this regulation is proposed. This regulation established Delaware’s participation in the NOx Budget Trading Program; a multi-state NOx emissions cap and trade program established pursuant to Title 40, Part 96 of the Code of Federal Regulations (40 CFR Part 96) and 40 CFR Part 51.121. The underlying federal program was replaced by the federal Clean Air Interstate Rule (CAIR). Given this, 1139 no longer serves its intended purpose.
The repeal of 7 DE Admin. Code 1143 was identified in a April 1, 2013 Department of Natural Resources and Environmental Controls (DNREC) report titled, “Executive Order 36 Report to The Office of the Governor.” Repeal of this regulation is proposed. The provisions of this regulation apply to heavy-duty diesel engines produced for the 2005 and 2006 model years, and to new motor vehicles with a gross vehicle weight rating (GVWR) of greater than 14,000 pounds containing such engines that are sold, leased, offered for sale or lease, imported, delivered, rented acquired, or received in the State of Delaware. This regulation was developed and adopted as a backstop to a then anticipated EPA regulation. EPA successfully adopted standards and this regulation is no longer needed. The repeal of this regulation will also be submitted to the EPA as a revision to Delaware’s State Implementation Plan (SIP).
This proposed action seeks to define and prevent the possession and use of Asian horseshoe crabs (Carcinoscorpius rotundicauda, Tachypleus gigas and Tachypleus tridentatus) to protect human health and the shellfish resources of the State.
The Atlantic States Marine Fisheries Commission recently approved Resolution 13-01 recommending that member states take any and all action to ban the importation and use of Asian horseshoe crabs as bait as soon as possible. Reduced availability of Atlantic horseshoe crabs (Limulus polyphemus) has motivated seafood dealers in New York to import non-native Asian horseshoe crabs for use as bait in the American eel and whelk fisheries. There is concern that these animals may host parasites and pathogens that could have severe negative impacts on native horseshoe crabs and the ecosystem. In addition, C. rotundicauda is known to contain the powerful neurotoxin tetrodotoxin (TTX). Poisonings from this neurotoxin can be fatal. The potential for TTX accumulation in eel and whelk and subsequent risk to human health is unknown.
Among the considerations of Executive Order 36, pertaining to the review and reform of state agency regulations, was a focused review of older, well-established regulations to ensure that State regulations continue to serve the original purpose for which they were adopted and provide for improvements. The Department’s focused review of the existing tidal finfish regulations found that 7 DE Admin. Code 3507 pertaining to black sea bass failed to adequately provide for the transferability of commercial black sea bass permits. The current black sea bass regulation was enacted between 2001 and 2003 to, in part, limit the number of permits issued for the black sea bass commercial fish pot and commercial hook and line fisheries. However, the regulation did not provide a method for those permits to be transferred by the current permit holders. The proposed amendments to 7 DE Admin. Code 3507 (3.0), (5.0) & (6.0) allow the transfer of black sea bass commercial fishery permits consistent with transfer criteria established in 7 Del.C., Ch. 29.
The purpose of these solid waste, including infectious waste, regulatory proposals is to provide amendments that afford regulated parties opportunity to propose alternative packaging methods for infectious waste provided compliance is achieved with applicable federal Department of Transportation (DOT) and Occupational Safety and Health Administration (OSHA) standards. It is also proposed to allow infectious waste package labeling consistent with federal DOT requirements, rather than applying inconsistent state and federal requirements. Finally, it is proposed to amend the regulations with regard industrial landfill capping and grading, to allow soil-equivalent material to be used as the final grading layer, as well as alternative materials if approved by the Department, providing more flexibility for landfill operators.
The Regulations Governing Aboveground Storage Tanks (the Regulations) were created under the authority of the Jeffrey Davis Aboveground Storage Tank Act, Title 7, Del.C., Chapter 74A, in 2004. The Regulations were last updated in 2005. In response to Executive Order #36 the Delaware Department of Natural Resources and Environmental Control has conducted a periodic review of the AST Regulations to determine if the Regulations should be modified or eliminated. Three modifications have been identified:
Copies of the proposed regulations are available online at: http://www.dnrec.delaware.gov/info/Rules.htm
As a part of the Department of Natural Resources and Environmental Control’s Executive Order 36 review of all regulations, 7 DE Admin. Code 7503 Oil Gas and Mineral Exploration (Regulation) was identified as a regulation to be repealed. The Regulation was adopted in 1971 and based on a records review; there has never been an application received or a permit decision made under the Regulations. Therefore, the Regulation Governing Oil Gas and Mineral Exploration is proposed to be deleted from the Administrative Code. The Department of Natural Resource and Environmental Control, Division of Water will hold a public hearing to accept comments on the proposal to repeal the Regulations Governing Oil Gas and Mineral Exploration on August 7, 2013 at 6:00 p.m. in the auditorium of the Richards and Robbins Building located at 89 Kings Highway, Dover, DE 19901.
As a part of the Department of Natural Resources and Environmental Control’s Executive Order 36 review of all regulations, 7 DE Admin. Code 7503 Oil Gas and Mineral Exploration (Regulation) was identified as a regulation to be repealed. The Regulation was adopted in 1971 and based on a records review; there has never been an application received or a permit decision made under the Regulations. Therefore, the Regulation Governing Oil Gas and Mineral Exploration is proposed to be deleted from the Administrative Code. The Department of Natural Resource and Environmental Control, Division of Water will hold a public hearing to accept comments on the proposal to repeal the Regulations Governing Oil Gas and Mineral Exploration on August 7, 2013 at 6:00 p.m. in the auditorium of the Richards and Robbins Building located at 89 Kings Highway, Dover, DE 19901.
Last Updated: December 31 1969 19:00:00.
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