Calendar of Events/Hearing Notices
CALENDAR
September 2006
department of agriculture
Harness Racing Commission
NOTICE OF PUBLIC HEARING
The Delaware Harness Racing Commission, pursuant to 3 Del.C. §10005, proposes to change DHRC Rules 2 and 8. The Commission will hold a public hearing on the proposed rule changes on September 26, 2006. Written comments should be sent to Hugh J. Gallagher, Administrator of Harness Racing, Department of Agriculture, 2320 S. DuPont Highway, Dover, DE 19901.
Nutrient Management
NOTICE OF PUBLIC HEARING
Nutrient Management Certification Regulation Amendments (Exhibit A): Certification by the Delaware Nutrient Management Program, 2320 S. Dupont Hwy., Dover, DE 19901, is required (3 Del.C. §2201 - 2290) for all who apply fertilizer and/or animal manure greater than 10 acres or who manage animals greater than 8,000 pounds of live animal weight. The proposed changes to the certification regulations establish nutrient handling requirements for certain nutrient handlers. The proposed regulation addresses application timing and placement for commercial inorganic fertilizer and organic fertilizer
Mandate Amendment (Exhibit B): The proposed regulation requires nutrient handlers and animal operations to develop and implement nutrient management practices as required by the Nutrient Management Law (3 Del.C. §2201 et. al.) by January 1, 2007.
Comments on the proposed changes will be accepted from September 1, 2006 until September 30, 2006. Any comments should be provided to the Nutrient Management Program office located at 2320 S. Dupont Hwy., Dover, DE 19901, ATTN: William Rohrer. Hearings for the proposed regulations will be conducted at the Delaware Department of Agriculture on September 26, 2006 at 6:00 PM and at the Gumboro Fire Company hall on September 28, 2006 at 6:00 PM. A meeting to accept the proposed changes was held at the Nutrient Management Full Commission meeting on August 8, 2006 at 7:00 PM. The accepted changes are indicated below.
Amendments: Paragraphs 6.0 – 14.0, reference 1200 Nutrient Management, 1201 Nutrient Management Certification Regulations.; Paragraph 4.0, reference Nutrient Management, 1203 Mandatory Nutrient Management Plan Reporting Implementation Regulations.
Pesticides Section
NOTICE OF RESCHEDULED PUBLIC HEARING
The State of Delaware, Department of Agriculture, will hold a public hearing on October 5, 2006, 6 p.m., in Conference Room 1, Delaware Department of Agriculture building, 2320 S. Dupont Hwy., Dover, DE.
The hearing is being held for the purpose of receiving information, factual evidence, and public reaction as it relates to proposed amendments to the Pesticide Regulations under Title 3, Delaware Code, Chapter 12, Pesticide Law. The hearing will be conducted in accordance with Title 29, Chapter 101, Administrative Procedures Act.
Beginning at 6 p.m. comments will be received relating to: additional commercial pesticide application record keeping requirements, increased commercial applicator certification fees, and modifications to the pesticide storage and containment rules.
Title 3, Delaware Code, Section 1237, provides the Department with the authority to issue regulations pursuant to this statute.
Interested parties may obtain a copy of the proposed amendments by calling the Department at 1-800-282-8685; by writing the Delaware Department of Agriculture, Pesticides Section, 2320 S. Dupont Hwy., Dover, DE 19901; or, by visiting the Register of Regulations site http://regulations.delaware.gov/.
DEPARTMENT OF EDUCATION
The Department of Education will hold its monthly meeting on Thursday, September 21, 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 COMMENT PERIOD
Title XXI Delaware Healthy Children State Program
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), and with 42CFR §447.205, 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 (DMMA) is proposing to amend the Division of Social Services Manual related to the Delaware Prescription Assistance Program (DPAP).
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 and Program Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4454 by October 2, 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 COMMENT PERIOD
3000 Delaware Prescription Assistance Program
In compliance with the State's Administrative Procedures Act (APA - Title 29, Chapter 101 of the Delaware Code), and with 42CFR §447.205, 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 (DMMA) is proposing to amend the Division of Social Services Manual related to the Delaware Prescription Assistance Program (DPAP).
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 and Program Development Unit, Division of Medicaid and Medical Assistance, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4454 by October 2, 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 Social Services
NOTICE OF PUBLIC COMMENT PERIOD
Child Care Subsidy Program
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 Social Services (DSS) is proposing to amend the Division of Social Services Manual (DSSM) regarding the Child Care Subsidy Program.
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 and Program Development Unit, Division of Social Services, 1901 North DuPont Highway, P.O. Box 906, New Castle, Delaware 19720-0906 or by fax to (302) 255-4454 by October 2, 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.
DEPARTMENT OF labor
Division of Industrial Affairs
NOTICE OF PUBLIC HEARING
The Governor’s Council on Apprenticeship and Training in accordance with 19 Del.C. §202(a) has proposed changes to the rules and regulations relating to apprenticeship and training. The proposal modifies the number of classes a registered Apprentice can miss while enrolled in a related studies program at any of the vocational schools in the three (3) counties of the State of Delaware before being dropped from that school. Being dropped from the school will result in the Apprentice’s Apprenticeship Agreement being terminated by their Sponsor and/or State Registration Agency.
A public hearing will be held before the Council on Apprenticeship and Training (“Council”) at 1:00 p.m. on October 5, 2006, at the Delaware Department of Labor, Fox Valley Annex, 4425 N. Market Street, Wilmington, Delaware 19802 where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rule may obtain a copy from Kevin Calio, Manager, Apprenticeship and Training, Department of Labor, P.O. Box 9828, 4425 N. Market Street, Wilmington, Delaware 19808-0828. Persons wishing to submit written comments may forward these to the Council at the above address. The final date to receive written comments will be at the public hearing.
The Council will consider making a recommendation to the Secretary at the regularly scheduled meeting following the public hearing.
department of natural resources and environmental control
Division of Air and Waste Management
1141 Limiting Emissions of Volatile Organic Compounds From Consumer and Commercial Products
NOTICE OF PUBLIC HEARINGS
Brief Synopsis of the Subject, Substance and Issues:
DNREC is proposing to amend Regulation No. 41 to include a manufacturer's record retention period, and to modify the definition of a specialty primer, sealer, undercoater product to include sealing in efflorescence. At the same time, typographical errors will be corrected and the entire regulation renumbered consistent with the style manual of the Code of Delaware Regulations.
The public comment period for this proposed amendment will extend through at least October 2, 2006. Interested parties may submit comments in writing during this time frame to: Gene M. Pettingill, Air Quality Management Section, 715 Grantham Lane, New Castle, DE 19720, and/or statements and testimony may be presented either orally or in writing at the public hearing to be held on Monday October 2, 2006, beginning at 6:00 PM in the DNREC auditorium at the Richardson and Robbins Building, 89 Kings Highway, Dover, DE 19901.
Division of Air and Waste Management
1146 Electric Generating Unit (EGU) Mulit-Pollutant Regulations and Section 111 (d)
NOTICE OF PUBLIC HEARINGS
Brief Synopsis of the Subject, Substance and Issues:
The proposed Regulation No. 1146 establishes Nitrogen Oxides (NOx), Sulfur Dioxide (SO2), and mercury emissions limits to achieve reductions of those pollutants from Delaware's large electric generation units. The reduction in NOX, SO2, and mercury emissions will: 1) reduce the impact of those emissions on public health; 2) aid in Delaware's attainment of the State and National Ambient Air Quality Standard (NAAQS) for ground level ozone and fine particulate matter; 3) help address local scale fine particulate and mercury problems attributable to coal and residual oil-fired electric generating units, 4) satisfy Delaware's obligations under the Clean Air Mercury Rule (CAMR), and 5) improve visibility and help satisfy Delaware's EGU-related regional haze obligations. Once finalized Regulation No. 1146 will be submitted to the EPA for approval into Delaware's ozone and fine particulate matter State Implementation Plans (SIPs).
The proposed Section 111(d) State Plan for the Control of Mercury Emissions from Coal-fired Electric Steam Generating Units satisfies the U.S. Environmental Protection Agency (EPA) Clean Air Mercury Rule (CAMR) requirements for Delaware. The main component of this plan is the mercury portion of Delaware's Air Regulation No. 46, Electric Generating Unit (EGU) Multi-Pollutant Regulation.Re gulation No. 46 does not provide for participation in the EPA-managed cap-and-trade program, but instead establishes a program that is designed to achieve emission reductions and cap overall mercury emissions from EGUs within our borders in a shorter timeframe. Once finalized the 111(d) plan will be submitted to the EPA for approval.
The public comment period for this proposed amendment will extend through at least October 2, 2006. Interested parties may submit comments in writing during this time frame to: Bob Clausen, Air Quality Management Section, 156 S. State St., Dover, DE 19901, and/or statements and testimony may be presented either orally or in writing at the public hearing to be held on the following dates, times and locations:
September 25, 2006 DNREC Auditorium
6:00 p.m. 89 Kings Highway
Dover, DE 19901
September 27, 2006 DNREC Lukens Drive Office
6:00 p.m. 391 Lukens Drive
New Castle, DE 19720
September 28, 2006 Del Tech - Owens Campus
6:00 p.m. Rt. 18 & Seashore Hwy
Georgetown, DE 19947
Division of Air and Waste Management
Clean Air Act Section 111(d) State Plan for the Control of Mercury Emissions from Coal-fired Electric Steam Generating Units (EGUs)
NOTICE OF PUBLIC HEARINGS
Background/Introduction
On May 18, 2005, the U.S. Environmental Protection Agency (EPA) finalized the Clean Air Mercury Rule (CAMR) to establish standards of performance for mercury emissions from new and existing coal-fired electric steam generating units (EGUs), as defined in Section 111 of the federal Clean Air Act (CAA). See 70 FR 28606, which is attached hereto as Appendix A.
Under CAMR, each State receives an annual budget for mercury emissions from coal-fired EGUs with a nameplate capacity larger than 25 megawatts. A State can meet its CAMR budget either by joining the EPA managed cap-and-trade program or by demonstrating that the State annual EGU mercury budgets codified in 40 CFR §60.24(h)(3) will not be exceeded in any year. The State of Delaware's mercury budget for the period January 1, 2010 through 2017 is 0.072 tons, and its budget for 2018 and thereafter is 0.028 tons.
By November 17, 2006, states must submit a plan to the EPA that meets the requirements of the CAMR. If a state fails to submit a state plan, then the EPA will prescribe a Federal plan for that state under Section 111(d)(2)(A) of the CAA. See 70 Fed. Reg. 28649 (May 18, 2005) and 40 CFR 60.24 (h)(2). The EPA would propose the model rule (i.e., 40 CFR Part 60 Subpart HHHH) under the CAMR as that Federal plan.
In Delaware two (2) facilities with six (6) existing EGUs are subject to the requirements of 60.24(h). Consequently, the Department must develop this State Plan to implement and enforce the Section 111(d) requirements to control mercury emissions from these EGUs.
The main component of this plan is the mercury portion of Delaware's Air Regulation No. 1146, Electric Generating Unit (EGU) Multi-Pollutant Regulation. Regulation No. 1146 does not provide for participation in the EPA-managed cap-and-trade program, but instead establishes a program that is designed to achieve emission reductions and cap overall mercury emissions from EGUs within Delaware. Delaware's proposed Regulation No. 1146 establishes both mercury emission rate limitations and mercury emission mass limitations. The mercury mass emissions limitations, expressed in tons per year, are those that will satisfy CAMR requirements. Both the emission rate and emission mass requirements require compliance on a unit-by-unit basis, and do not allow trading or facility-wide emissions averaging.
Delaware is not adopting the federal mercury budget trading program under 40 CFR Part 60 Subpart HHHH. This means that both existing and new (i.e., construction after January 30, 2004) coal fired EGUs are subject to this plan. A new unit set aside has been established to provide for new unit construction - a 5% set aside for Phase I is 0.0036 ton/yr (7.2 lb/yr) and the 3% set aside for Phase II is 0.0008 ton/yr (1.7 lb/yr). Any need beyond this will be addressed by revision to both Regulation No. 1146 and this plan to ensure annual mass emission from coal fired EGUs greater than 25 MW in size in Delaware will not exceed the annual mercury budget established under 40 CFR §60.24(h)(3).
DNREC intends to finalize and submit to the EPA for approval both Regulation No. 1146 and this plan no later than November 17, 2006.
Prior to submitting this Section 111(d) State Plan to EPA for approval, the DNREC will hold three public hearings for the purpose of accepting testimony on this proposed State Plan for controlling mercury emissions from all Coal-fired Electric Steam Generating Units in the State. Because of the integral relationship, these public hearings will coincide with the public hearings on the adoption of Regulation No. 1146, Electric Generating Unit (EGU) Multi-Pollutant Regulation. The public hearings will be held on the following dates, times and locations:
Note: See schedule for Regulation 1146, above, for public hearing dates, times and locations.
As required under 40 CFR §60.23, DNREC will publish notice of the date, time and location of the hearings at least 30 days prior to the scheduled date of the hearing. The Notice of Public Hearings and opportunity to provide written comments will be published in both the Delaware Register of Regulations and in newspapers of general circulation in the state. In addition, EPA, and states in the interstate region whose air quality may be affected by emissions from Delaware's EGUs will receive notice of the date, time and location of each hearing. The notice will also specify that copies of the proposed Section 111(d) State Plan are available for review in the Departments Dover and New Castle offices.
Persons interested in providing testimony on the proposed Section 111(d) State Plan are encouraged to contact Bob Clausen at (302) 739-9402 prior to the hearing.
Persons interested in submitting written comments on the proposed State plan should send the comments to Bob Clausen, State of Delaware, DNREC, Division of Air and Waste Management, 156 S. State Street, Dover, DE 19901. Written comments will be accepted until October 1, 2006, or any longer time as specified by the Hearing Officer at the public hearings. Copies of the proposed adopted State Plan for EGUs may be obtained from Bob Clausen at the above address or by telephone at (302) 739-9402 (e-mail robert.clausen@state.de.us). This proposed State Plan is also available on the DNREC Web site at www.awm.delaware.gov/Info/Regs/AQMMultiPReg.htm.
In accordance with 40 CFR §60.23(f), DNREC will certify that the public hearings were held in accordance with the criteria specified in 40 CFR §60.23(d), and will provide a list of witnesses and their organizational affiliations, if any, appearing at the hearing and a brief written summary of each presentation or written submission. The public hearing certification is attached hereto as Appendix B (Documentation of public participation process).
Division of Fish and Wildlife
3200 Horseshoe Crabs (Option 1: 3203, 3207, 3210, 3211 and 3214; Option 2: 3215)
NOTICE OF PUBLIC HEARINGS
Brief Synopsis of the Subject, Substance and Issues:
The Department is proposing two options, either of which would meet the compliance requirements of Addendum IV to the Interstate Fishery Management Plan for Horseshoe Crabs which is administered by the Atlantic States Marine Fisheries Commission (ASMFC).
Option 1 would prohibit the harvest and landing of all horseshoe crabs in Delaware waters from January 1 through June 7 for two years, and prohibit the harvest and landing of female horseshoe crabs for the remainder of the year as well. During the period June 8 through December 31, up to 100,000 male horseshoe crabs may be harvested from approved harvest areas in Delaware. Commercial collectors of horseshoe crabs will have to report their landings daily during the open season in order to facilitate quota monitoring. Permit renewal requirements will be aligned with other shellfish licenses. Specifically, horseshoe crab commercial beach collecting permits must be renewed annually by December 31 of each calendar year or the person holding the collecting permit forfeits their eligibility to obtain a horseshoe crab commercial collecting permit in subsequent years. This option permits harvest to resume after the period of time that the shorebirds normally have migrated north of Delaware that depend on horseshoe crab eggs as a food source, and after a significant portion of the horseshoe crab spawning has occurred in a normal year. By harvesting only male horseshoe crabs, females would be further protected and will be available to participate in the annual spawn without being subject to harvest at any point during the year.
Option 2 would prohibit all harvest and landing of horseshoe crabs in Delaware for a period of two years to begin in calendar year 2007. This option is more restrictive than required in Addendum IV, but individual states may be more restrictive, but not less restrictive than that called for in approved plans administered by the ASMFC. This option would end all horseshoe crab harvest in Delaware for a two-year period.
Individuals may address questions to the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901, (302)739-3441 or by e-mail to. A public hearing on these two proposed regulations will be held in the Department of Natural Resources and Environmental Control Auditorium, at 89 Kings Highway, Dover, DE at 7:30 PM on September 28, 2006. Written comments for the hearing record should be addressed to Roy Miller, Hearing Officer, at the above address or via e-mail to roy.miller@state.de.us and will be accepted until 4:30 PM October 3, 2006.
Division of Fish and Wildlife
3700 Shellfish Regulations (3711, 3712 and 3755)
NOTICE OF PUBLIC HEARINGS
Brief Synopsis of the Subject, Substance and Issues:
To raise the minimum size of knobbed whelks (knobbed conchs) that may be harvested from five inches to six inches in one-quarter inch increments over a four-year period. This will result in increased conservation of spawning stock biomass for a resource that is showing signs of over-exploitation. More conchs will have reached maturity prior to being subject to harvest with the increase in the minimum size limit. This will likely depress landings until the conchs previously subject to harvest have grown from five inches to the newly proposed legal size of six inches. The Department estimates it will take 3-4 years for a five-inch conch to reach 6 inches.
To cap the number of conch dredge licenses that the Department may issue to the number issued during the period 2003-2005. This cap will be maintained for a five-year period. This will prevent a potential doubling of fishing effort that could occur (based on the number of license applicants) if the number of available licenses were not capped and will help limit increases in mortality caused by fishing which the Department has determined is already excessive for the long-term health of this resource. Those license applicants who have been on the five-year waiting list will be unable to obtain a conch dredge license for a minimum of five additional years under this proposed regulation.
The rectangular escape vent in the parlor of lobster pots would be increased from the present 1 15/16ths inches by 5 ¾ inches to 2 inches by 5 ¾ inches. If a circular vent is used, it is proposed that the minimum inside diameter be 2 5/8ths inches. These vent dimensions would be consistent with federal requirements for lobster pots set in federal waters in our area. The overwhelming majority of Delaware's lobster landings are from federal waters and the proposed increase in vent size is considered to be the appropriate escape vent dimensions with the minimum lobster size limits (3 3/8s inch carapace length) now in effect in Delaware and federal waters offshore of Delaware
Individuals may address questions to the Fisheries Section, Division of Fish and Wildlife, 89 Kings Highway, Dover, DE 19901, (302)739-3441 or by e-mail to roy.miller@state.de.us. A public hearing on these two proposed regulations will be held in the Department of Natural Resources and Environmental Control Auditorium, at 89 Kings Highway, Dover, DE at 7:30 PM on October 17. Written comments for the hearing record should be addressed to Lisa Vest, Hearing Officer, Office of the Secretary, Delaware Department of Natural Resources and Environmental Control, 89 Kings Highway, Dover, DE 19901, or by e-mail to Lisa.Vest@state.de.us and will be accepted until 4:30 PM October 20, 2006.
Division of Water Resources
Notice of Availability of the Total Maximum Daily Load (TMDL), Informational Meeting for Delaware Bay
NOTICE OF PUBLIC HEARINGS
Brief Synopsis of the Subject, Substance and Issues:
The United States Environmental Protection Agency (USEPA) proposes to establish a total maximum daily load (TMDL) for polychlorinated biphenyls (PCBs) from the head of the Delaware Bay at Liston Point to the mouth of the Bay at Cape Henlopen to Cape May. This area is also referred to as Delaware River Basin Commission Water Quality Management Zone 6. Technical development and interstate coordination necessary to support TMDLs for PCBs in the Delaware River has been provided by the Delaware River Basin Commission (DRBC). Adoption of the TMDL will implement the requirements of the USEPA’s Water Quality and Management Planning regulations (40 CFR 130) to establish TMDLs.
This notice announces the date of availability for comment on the basis and background document explaining the background and calculations for the TMDL for polychlorinated biphenyls (PCBs) in Delaware River Basin Commission Water Quality Management Zone 6. This notice also announces the informational meeting to be held in Delaware on the proposed adoption of the TMDL by the U.S. EPA, conducted jointly with the Delaware Department of Natural Resources and Environmental Control (DNREC), the New Jersey Department of Environmental Protection (NJDEP), and the Delaware River Basin Commission (DRBC).
A draft report, including the basis and background document for the TMDL and calculations for the TMDL, will be published on the DRBC web site, http://www.drbc.net, on or before September 5, 2006.
The date and location of the informational meeting in Delaware is: Tuesday, September 26, 2006 beginning at 6:00 p.m. in the Auditorium of the Delaware Department of Natural Resources and Environmental Control’s Offices on 89 Kings Highway in Dover, DE. The informational meeting will begin with a presentation by representatives of DNREC, USEPA, and the DRBC. The presentation will be followed by a question and answer session that will not be conducted as part of the record. An additional meeting will be held, intended for interested parties in New Jersey. The date and location of the Public Hearing in New Jersey is: Thursday, October 5, 2006 beginning at 1:00 p.m. at the Millville Municipal Building City Hall 4th Floor Commission Chambers, 12 South High Street, Millville, New Jersey the hearing will close at the end of testimony.
Written comments will be accepted through October 20, 2006 and should be submitted electronically to berlin.lenka@epamail.epa.gov or by mail to Lenka Berlin, Office of Watersheds (3WP30), USEPA, 1650 Arch Street, Philadelphia, Pennsylvania 19103-2029. EPA will review all data and information submitted during the comment period and will revise the TMDLs as appropriate. A written response document will be prepared prior to final EPA action. For further information contact: Pete Gold, EPA Region 3, at 215-814-5236.
Division of Water Resources
Proposed Total Maximum Daily Loads (TMDLs) for Bacteria for the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds), the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman, Assawoman, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds), and the Murderkill River and Appoquinimink River Watersheds, Delaware
NOTICE OF PUBLIC HEARINGS
Brief Synopsis of the Subject, Substance, and Issues
The Department of Natural Resources and Environmental Control (DNREC) plans to conduct Public Hearings regarding Total Maximum Daily Load (TMDL) Regulations for bacteria for the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds), the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman, Assawoman, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds), and the Murderkill River and Appoquinimink 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.
The proposed Bacteria TMDL Regulations for the Chester River, Choptank River, Marshyhope Creek, and Pocomoke River Watersheds are necessary because the existing TMDL regulations that included both nutrient and bacteria allocations, promulgated on January 11, 2006, are being revised to include nutrients only. This change is necessary due to a clarification in the interpretation of the EPA-required bacteria water quality standards that result in changes to the bacteria allocations.
Draft TMDL Regulations for these watersheds were published in the June 1, 2006 issue of the Delaware Register of Regulations and were reviewed during public workshops held in June, 2006. All comments received at the workshops and during the June 1 through 30 comment period were considered by the Department. Comments, as well as additional technical analyses, resulted in minor changes to the proposed TMDL Regulations and enhancements to the technical support documents. The revised proposed TMDL Regulations are published, following this notice, in this issue of the Register.
The Public Hearing for the Murderkill River and Appoquinimink River Watersheds will be held Wednesday, September 20, 2006 at 6:00 p.m. in the DNREC Secretary's Conference Room, Richardson and Robbins Building, 89 Kings Highway, Dover.
The Public Hearing for the Chesapeake Bay Drainage Basin (Chester River, Choptank River, Marshyhope Creek, Nanticoke River, Gum Branch, Gravelly Branch, Deep Creek, Broad Creek, and Pocomoke River Watersheds), the Inland Bays Drainage Basin (Buntings Branch, Little Assawoman, Assawoman, Indian River Bay, Iron Branch, Indian River, Rehoboth Bay, and Lewes-Rehoboth Canal Watersheds) will be held Thursday, September 21, 2006 at 6:00 p.m. at the University of Delaware Research and Education Center, 16483 County Seat Highway, Georgetown, DE.
The hearing records for these watersheds will remain open until 4:30 p.m., Monday, October 2, 2006. Please send written comments to Sam Myoda, Watershed Assessment Section, Division of Water Resources, Department of Natural Resources and Environmental Control, 820 Silver Lake Boulevard, Suite 220, Dover, DE 19904-2464; facsimile: (302) 739-6140, email: (samuel.myoda@state.de.us). All written comments must be received by 4:30 p.m., Monday, October 2, 2006. Electronic submission is preferred.
Copies of the proposed regulations and TMDL reports and technical support documents for these watersheds are available by mail from Sam Myoda, DNREC, DWR, Watershed Assessment Section, 820 Silver Lake Blvd., Suite 220, Dover, DE 19904-2464, via telephone by calling (302) 739-9939, or from the Internet at the following URL:
http://www.dnrec.state.de.us/water2000/Sections/Watershed/TMDL/tmdlinfo.htm
DEPARTMENT OF STATE
Division of Professional Regulation
3100 Delaware Board of Funeral Services
NOTICE OF PUBLIC HEARING
The Delaware Board of Funeral Services in accordance with 24 Del.C. §3105(a)(1) has proposed changes to Regulation 9.0 to address licensee’s access to online renewal of licenses and online attestation of completion of continuing education courses, and set forth procedures for audit and verification of completed continuing education. In addition, the proposed changes revise the rules to give the Board the ability to determine the appropriate action with respect to licensees who fail to comply with the continuing education requirements as of the time of renewal. Finally, the proposed changes eliminate the Continuing Education Committee of the Board and clarify that the Board will not review requests for approval of continuing education credits from programs that are automatically approved by the Board.
A public hearing will be held on October 25, 2006 at 10:15 a.m. in the second 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 Delaware Board of Funeral Services, 861 Silver Lake Blvd, 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
3300 Board of Veterinary Medicine
NOTICE OF PUBLIC HEARING
The Delaware Board of Veterinary Medicine will hold a hearing pursuant to 24 Del.C. §3306(a)(1) and 29 Del.C. §101 on Tuesday, October 10, 2006, at 1:00 P.M. in Conference Room A, Cannon Building, 861 Silver Lake Blvd., Suite 203, Dover, Delaware 19904.
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 Division of Professional Regulation Cannon Building, 861 Silver Lake Boulevard, Suite 203, Dover, Delaware 19904.
Persons may present their views in writing by mailing their views to the Board at the above address prior to the hearing, and the Board will consider those responses received before 10:a.m. on September 29, 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.
DEPARTMENT OF TRANSPORTATION
DIVISION OF Motor Vehicles
Motor Fuel Tax Administration
2900 Regulations for the Office of Retail Gasoline Sales
PUBLIC COMMENT PERIOD AND NOTICE OF PUBLIC HEARING
Under Title 6 of the Delaware Code, Section 2912, certain entities that distribute Motor Fuels through Delaware retail service stations are required to provide pump assistance to motorists who cannot pump their own fuel. Section 2912.1 places this requirement on Retail Dealers that offer both Full-Service and Self-Service. Section 2912.2 places this requirement on stations that provide self-service, unless the location is operating on a remote control basis with only one employee, or someone able to provide refueling assistance is in the vehicle. Regulation 2912.1 currently requires Full/Self Service Retail Stations to conspicuously post a sign describing the pump service requirements. There is not a similar sign requirement for affected Self-Service Retail Stations. The purpose of this proposed change is to place the sign-posting requirement on Self-Service retail stations as well.
The Department will take written comments on the draft regulatory changes from September 15, 2006 through October 13, 2006. The Motor Fuel Tax Administration will hold a public hearing on the proposed rule change on October 16, 2006. Any requests for copies of the Office of Retail Gasoline Sales Law and Regulations, or any questions or comments regarding this document should be directed to:
Michael J. Harrell, Motor Fuel Tax Administrator
Division of Motor Vehicles, Motor Fuel Tax Administration
Delaware Department of Transportation
PO Box 778
Dover, DE 19903
(302) 744-2715 (telephone)
(302) 739-6299 (fax)
