Calendar of Events/Hearing Notices

CALENDAR

May 2006

delaware state fire prevention commission

PUBLIC NOTICE

The Delaware State Fire Prevention Commission will hold a hearing pursuant to 16 Del.C. §6603 and 29 Del.C. 101 on Tuesday, June 20, 2006, at 1:00 P.M. and 7:00 P.M. in the Commission Chamber, Delaware State Fire School, Delaware Fire Service Center, 1463 Chestnut Grove Road, Dover, Delaware. The Commission is proposing changes to the following State Fire Prevention Regulations:

PART I, CHAPTER 2 & 5

PART I, ANNEX A, B & C

PART II, CHAPTER 5, 6 & 7

PART III, CHAPTER 3

PART V, CHAPTERS 1

PART VI, CHAPTER 7

APPENDIX D

Persons may view the proposed changes to the Regulations between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, at the Delaware State Fire Prevention Commission, Delaware State Fire School, Delaware Fire Service Center, 1463 Chestnut Grove Road, Dover, Delaware, 19904, or Office of the State Fire Marshal located at the Delaware Fire Service Center, 1537 Chestnut Grove Road, Dover, Delaware, 19904, or the Regional State Fire Marshal’s Offices located 2307 MacArthur Road, New Castle, Delaware and 22705 Park Avenue, Georgetown, Delaware, 19947.

Persons may present their views in writing by mailing their views to the Commission at the above addresses prior to the hearing, and the Commission will consider those responses received before 10:00 a.m. on June 19, 2006, or by offering testimony at the Public Hearing. If the number of persons desiring to testify at the Public Hearing is large, the amount of time allotted to each speaker will be limited. There will be a reasonable fee charge for copies of the proposed changes.

DELAWARE RIVER BASIN COMMISSION

NOTICE OF PUBLIC HEARING AND COMMISSION MEETING

The Delaware River Basin Commission will hold a public hearing and business meeting on Wednesday, May 10, 2006 at 10:15 a.m. at the Commissioner’s office, 25 State Police Drive, West Trenton, New Jersey. For more information contact Pamela M. Bush, Esq., Commission Secretary and Assistant General Counsel, at 609-883-9500 extension 203.

DEPARTMENT OF EDUCATION

The State Board of Education will hold its monthly meeting on Thursday, May 18, 2006 at 1:00 p.m. in the Townsend Building, Dover, Delaware.

department of health and social services

Division of Medicaid and Medical Assistance

NOTICE OF PUBLIC HEARING

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance is proposing to amend several policies in the Division of Social Services Manual (DSSM) to comply with the CMS-approved Medicaid state plan amendment regarding the use of a self-employment standard deduction to determine eligibility.

Any person who wishes to make written suggestions, compilations of data, testimony, briefs or other written materials concerning the proposed new regulations must submit same to Sharon L. Summers, Policy, Program and Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 by May 31, 2006.

The action concerning the determination of whether to adopt the proposed regulation will be based upon the results of Department and Division staff analysis and the consideration of the comments and written materials filed by other interested persons.

Division of Medicaid and Medical Assistance

NOTICE OF PUBLIC HEARING

In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code) and under the authority of Title 31 of the Delaware Code, Chapter 5, Section 512, Delaware Health and Social Services (DHSS) / Division of Medicaid and Medical Assistance is proposing to amend a rule in the Division of Social Services Manual (DSSM) used to determine eligibility for medical assistance to close a potential loophole in excluded resources.

department of natural resources and environmental control

Division of Water Resources

NOTICE OF PUBLIC COMMENT PERIOD

7402 Shellfish Sanitation Regulations

Regulations establishing the basis for classifying waters as to the suitability of the shellfish therein for human consumption, and sanitation during harvest, transportation, and processing of shellfish (molluscan bivalves), as per Interstate Shellfish Sanitation Conference (ISSC) specifications, as administered under the auspices of the U.S. Food and Drug Administration. The proposed changes would open up more shellfish waters to shellfish harvesting, establish an additional shellfish water classification definition, allowing the possibility of additional Approved shellfish harvest waters, and revising references in the Regulations for consistency with the latest iteration of ISSC specifications and protocols. The latter action primarily entails shellfish processing plant sanitation, and is taken under advise from FDA.

Notice of proposed changes and notice of public workshop have been sent to Rick Cole and Jim Graybeal, Division of Fish and Wildlife, to all licensed Delaware shellfish harvesters, and to all Delaware shellfish dealer/processors on the Interstate Certified Shellfish Shipper’s List. A public workshop was held on 3/31/06 at the R. & R. Auditorium. No one from the public showed up.

Division of Water Resources

NOTICE OF PUBLIC HEARING

Proposed Total Maximum Daily Loads (TMDLs) for the Army Creek, Blackbird Creek, Broadkill River, Cedar Creek, Dragon Run Creek, Leipsic River, Little Creek, Mispillion River, Red Lion Creek, Smyrna River, and St. Jones River Watersheds, Delaware

Brief Synopsis of the Subject, Substance, and Issues

The Department of Natural Resources and Environmental Control (DNREC) plans to conduct three Public Workshops to review draft Total Maximum Daily Loads (TMDLs) Regulations for nitrogen, phosphorous, and bacteria for the Army Creek, Blackbird Creek, Broadkill River, Cedar Creek, Dragon Run Creek, Leipsic River, Little Creek, Mispillion River, Red Lion Creek, Smyrna River, and St. Jones River Watersheds. A TMDL sets a limit on the amount of a pollutant that can be discharged into a waterbody and still meet water quality standards. TMDLs are composed of Waste Load Allocations (WLAs) for point source discharges, Load Allocations (LAs) for nonpoint sources, and a Margin of Safety (MOS) to account for uncertainties.

Possible Terms of the Agency Action

Following the Public Workshops and after reviewing comments received during the comment period, Public Hearings will be scheduled to adopt the proposed Total Maximum Daily Loads for these Watersheds. Following adoption of the TMDL Regulations, DNREC will develop Pollution Control Strategies (PCSs) designed to achieve the necessary load reductions. PCSs will identify specific pollution reduction activities and timeframes and will be developed in concert with Tributary Action Teams, other stakeholders, and the public.

Notice of Public Workshops and Comment Period

Proposed TMDLs for the Blackbird Creek, Leipsic River, Little Creek, Smyrna River, and St. Jones River Watersheds will be reviewed during a Public Workshop to be held at 6:00 p.m., Thursday, May 11, 2006 at the Delaware National Estuarine Research Reserve, 818 Kitts Hummock Road, Dover, DE.

Proposed TMDLs for the Army Creek, Dragon Run Creek, and Red Lion Creek Watersheds will be reviewed during a Public Workshop to be held at 6:00 p.m., Tuesday, May 16, 2006 at DNREC’s Lukens Drive Building, 391 Lukens Drive, New Castle, DE.

Proposed TMDLs for the Broadkill River, Cedar Creek, and Mispillion River Watersheds will be reviewed during a Public Workshop to be held at 6:00 p.m., Thursday, May 18, 2006 at the City of Lewes Public Library, 111 Adams Street at Kings Highway, Lewes, DE.

Draft TMDL Regulations and technical support documents for these watersheds will be available as of Monday, May 1, 2006 on the Department’s website (www.dnrec.delaware.gov) by clicking on “TMDLs” under “Information” or by contacting Hassan Mirsajadi, Watershed Assessment Section, Division of Water Resources, Department of Natural Resources and Environmental Control, 820 Silver Lake Boulevard, Suite 220, Dover, DE 19904-2464, (302) 739-9939, facsimile: (302) 739-6140, email: (Hassan.Mirsajadi@state.de.us).

The Department has developed these draft regulations pursuant to a federal Consent Decree which requires the establishment of these TMDLs by the end of Calendar Year 2006. In order to comply with the ambitious schedule set by the Court Order, the Department must receive comments as early as possible in the regulatory development process. Hence, the Department is requiring that written comments on the proposed regulations be submitted no later than 4:30 PM, Wednesday, May 31, 2006, in order to be considered. After consideration of the written public comments, the Department, upon public notice, will schedule a Public Hearing.

Please send written comments to Hassan Mirsajadi, Watershed Assessment Section, Division of Water Resources, Department of Natural Resources and Environmental Control, 820 Silver Lake Boulevard, Suite 220, Dover, DE 19904-2464, (302) 739-9939, facsimile: (302) 739-6140, email: (Hassan.Mirsajadi@state.de.us). All written comments must be received by 4:30 p.m., Wednesday, May 31, 2006. Electronic submission is preferred.

Department of State

Division of Professional Regulation

700 Board of Chiropractic

NOTICE OF PUBLIC HEARING

The State Board of Chiropractic in accordance with 24 Del.C. §706(a)(1) has proposed changes to its rules and regulations related to license renewal.

A public hearing will be held at 8:30 a.m. on June 15, 2006 in the 2nd floor Conference Room B of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the State Board of Chiropractic, 861 Silver Lake Boulevard, Cannon Building, Suite 203, Dover, DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.

The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.

Division of Professional Regulation

1770 Respiratory Care Advisory Council

NOTICE OF RESCHEDULED PUBLIC HEARING

PLEASE TAKE NOTICE, pursuant to 29 Delaware Code Chapter 101 and 24 Delaware Code Section 1775 (c), the Respiratory Care Advisory Council of the Delaware Board of Medical Practice has developed and proposes to modify Section 8.0 Continuing Education by amending subsection 8.6.7 to provide clarity to the continuing education requirements that must be met by a licensee seeking to reinstate a license that has lapsed for less than three (3) years. The proposal also includes new subsections 8.6.8 and 8.6.9 establishing additional requirements for applicants who wish to obtain reinstatement after the applicant’s prior license has expired for three or more years. In addition, the proposal modifies Section 10.0 Application for a License by amending subsection 10.2.1.4 to provide individuals who have not been licensed in any jurisdiction within three (3) years of initially passing the NBRC entry level examination will be required to re-take the NBRC examination and provide proof of a current passing score before a license will be issued.

The new subsections delineate the requirements for those applicants who have been engaged in the active practice of respiratory care during a specified period and those who have not.

A public hearing will be held on the proposed Rules and Regulations on Tuesday, May 16, 2006 at 2:30 p.m. in the Second Floor Conference Room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware 19904. The Council will receive and consider input in writing from any person on the proposed Rules and Regulations. Any written comments should be submitted to the Council in care of Gayle MacAfee at the above address. The final date to submit written comments shall be at the above scheduled public hearing. Anyone wishing to obtain a copy of the proposed Rules and Regulations or to make comments at the public hearing should contact Gayle MacAfee at the above address or by calling (302) 739-4520.

Public Service Commission

Regulation Docket No. 56: Notice of Proposed Rule-making and Public Hearing Concerning Renewable Energy Portfolio Standards

NOTICE OF PUBLIC HEARING AND COMMENT PERIOD

The Commission hereby solicits written comments, suggestions, compilations of data, briefs or other written materials concerning the proposed rules and regulations. Anyone desiring to submit written comments, suggestions, data compilations, briefs or other written materials shall file ten (10) copies of such materials with the Commission at its office located at 861 Silver Lake Boulevard, Cannon Building, Suite 100, Dover, DE 19904 (Attn: PSC Reg. Dckt. No. 56). All such materials shall be filed with the Commission on or before June 1, 2006. Persons who wish to participate in the proceedings but who do not wish to submit written materials are asked to send a letter to the Commission informing the Commission of their intention to participate on or before June 1, 2006.

The Commission will hold a public hearing concerning the proposed regulations on June 6, 2006, beginning at 1:00 P.M. at its Dover office, identified above.

The proposed rules and regulations and all materials submitted in connection with this docket will be available for public inspection and copying at the Commission’s Dover office during normal business hours. The fee for copying is $0.25 per page. The proposed rules and regulations may also be reviewed at the office of the Division of the Public Advocate located at the Carvel State Office Building, 4th Floor, 820 N. French Street, Wilmington, DE 19801, during normal business hours by appointment. Finally, the proposed rules and regulations will be available for review on the Commission’s website located at www.state.de.us/delpsc.

Any individual with disabilities who wishes to participate in these proceedings should contact the Commission to discuss any auxiliary aids or services needed to facilitate such review or participation. Such contact may be in person, in writing, by telephone or otherwise. The Commission’s toll-free telephone number is (800) 282-8574. Any person with questions may also contact the Commission Staff at (302) 739-4247 or by Text Telephone at (302) 739-4333. Inquiries may also be sent via Internet e-mail to david.bloom@state.de.us.