FINAL RULE 

Proposed: Delaware Register of Regulations on January 1, 2018 (21 DE Reg. 526-528) 

Adopted: February 25, 2021, by the Delaware River Basin Commission, Pamela M. Bush, Esq., Commission 
Secretary. 

Filed: April 27, 2021 as a final regulation. 

Effective: May 21, 2021 (30 days from publication of the final rule in the Federal Register, which occurred on April 
21, 2021). 

Summary: By Resolution No. 2021-01 on February 25, 2021, the Delaware River Basin Commission amended its 
Comprehensive Plan and adopted new regulations to prohibit high volume hydraulic fracturing in hydrocarbonbearing 
rock formations within the Delaware River Basin. The Commission simultaneously adopted unrelated 
amendments to its rules concerning the classification of projects for review under Section 3.8 of the Compact and 
regulatory program fees. 

Contact: Pamela M. Bush, Esquire, 609-477-7203, pam.bush@drbc.gov. 





Supplementary Information: The Delaware River Basin Commission ("DRBC" or "Commission") is a Federalinterstate 
compact agency charged with managing the water resources of the Delaware River Basin on a regional 
basis without regard to political boundaries. Its members are the governors of the four basin states-Delaware, New 
Jersey, New York and Pennsylvania-and the North Atlantic Division Commander of the U.S. Army Corps of 
Engineers, representing the Federal Government. The Commission is not subject to the requirements of the 
Delaware Administrative Procedure Act. The purpose of this notice is to advise the public that duly adopted 
regulations of the Commission have been filed with the state in accordance with Section 14.2 of the Delaware 
River Basin Compact. 

Background. When the potential for developing natural gas from tight shale formations within the Basin using 
high volume hydraulic fracturing ("HVHF") and horizontal drilling techniques and the risks to water resources posed 
by such activities became known to the Commission, Commission staff undertook a scientific, technical, regulatory, 
and policy analysis to determine the appropriate response in light of the Commission's statutory mission and 
Comprehensive Plan. 

An important milestone occurred on September 13, 2017, when the DRBC Commissioners by a Resolution for 
the Minutes directed the Executive Director to prepare and publish for public comment a revised set of draft 
regulations, to include, among other things, "prohibitions relating to the production of natural gas utilizing horizontal 
drilling and hydraulic fracturing within the basin." In accordance with the Commissioners' directive, the Commission 
proposed amendments to its Comprehensive Plan and to its Special Regulations at 18 CFR part 440, including a 
prohibition on HVHF within the Basin. The Commission simultaneously proposed amendments to its Administrative 
Manual-Rules of Practice and Procedure, 18 CFR part 401, concerning the classification of projects for review 
under Section 3.8 of the Compact (§ 401.35) and regulatory program fees (§ 401.43). See, 21 DE Reg. 526, 
January 1, 2018. Also see, 83 Fed. Reg. 1586, January 12, 2018; 50 N.J.R. 717, February 5, 2018; NYS Register, 
January 3, 2018 p. 5; and 48 Pa. B. 255, January 13, 2018. Some of the proposed amendments to part 401 were 
related to the new part 440 and others were not; however, only the changes unrelated to part 440 have been 
adopted as final rules. 

The changes unrelated to HVHF do not substantively alter Commission requirements or fees, but better align 
the rules with the Commission's practices, eliminate unnecessary language, clarify language that has been 
misconstrued, and in instances replace the discretion of the Executive Director with that of the Commission. The 
changes to project review classifications: 1) retain Commission review of alterations to wetlands of less than 25 
acres where a state or a federal level review and permit system is not in effect, while eliminating additional triggers 
for such review; 2) remove the provision for review of regional wastewater treatment plans developed pursuant to 
the Federal Water Pollution Control Act because the basin states have effective programs for the transparent 
development and implementation of such plans; 3) replace the discretion of the Executive Director with that of the 
Commission to require review under Section 3.8 of the Compact of any project having a potential substantial water 
quality impact on waters classified as Special Protection Waters; and 4) clarify that the Commission as a whole, not 
merely any single agency of a signatory party, may determine that a project in an excluded classification is required 
to be submitted for review under Section 3.8 of the Compact. The changes to regulatory program fees replace the 
term "docket application fee" with the more accurate term "application fee," because project review does not 
always involve a "docket." 

Extensive opportunity for public input on the proposed rules was provided during the public comment period 
that took place from November 30, 2017 to March 30, 2018. In addition to accepting written comments, the 
Commission accepted oral comment at six public hearings, one of which was conducted through an operatorassisted 
toll-free teleconference to avoid the need for travel to a hearing location. During the comment period, the 
Commission received a total of 8,903 comment submissions (8,680 in writing and 223 at public hearings). In many 
cases, a single comment submission included numerous detailed comments. A Comment and Response 
Document was prepared and adopted by the Commission to address the comments received from the public. 

Together with the other materials gathered during the development of its regulation, the Commission reviewed 
the extensive public comments, including consultant reports, scientific literature and other statements and 
materials submitted, and examined the experience of other jurisdictions with HVHF. Based upon its review, the 
Commission by Resolution No. 2021-01 on February 25, 2021, found and determined that: 

1. As the scientific and technical literature and the reports, studies, findings and conclusions of other 
government agencies reviewed by the Commission have documented, and as the more than a decade of 
experience with high volume hydraulic fracturing in regions outside the Delaware River Basin have evidenced, 
despite the dissemination of industry best practices and government regulation, high volume hydraulic fracturing 





and related activities have adversely impacted surface water and groundwater resources, including sources of 
drinking water, and have harmed aquatic life in some regions where these activities have been performed. 

2. The region of the Delaware River Basin underlain by shale formations is comprised largely of rural areas 
dependent upon groundwater resources; sensitive headwater areas considered to have high water resource 
values; and areas draining to DRBC Special Protection Waters. 

3. The geology of the region in which shale formations potentially containing natural gas are located in the 
Basin is characterized by extensive geologic faults and fractures providing preferential pathways for migration of 
fluids (including gases). 

4. If commercially recoverable natural gas is present in the Delaware River Basin and if HVHF were to 
proceed in the Basin, then: 

a. Spills and releases of hydraulic fracturing chemicals, fluids and wastewater would adversely impact 
surface water and groundwater, and losses of well integrity would result in subsurface fluid (including gas) 
migration, impairing drinking water resources, and other uses established in the Comprehensive Plan. 

b. The fluids released or migrating would contain pollutants, including salts, metals, radioactive materials, 
organic compounds, endocrine-disrupting and toxic chemicals, and chemicals for which toxicity has not been 
determined, impairing the water uses protected by the Comprehensive Plan. 

c. HVHF activities and their impacts would be dispersed over and adversely affect thousands of acres of 
sensitive water resource features, including, among others, forested groundwater infiltration areas, other 
groundwater recharge locations, and drainage areas to Special Protection Waters, where few existing roads are 
designed to safely carry the heavy industrial traffic required to support HVHF, prevent dangerous spills or provide 
access to remediate spills that occur. 

5. For these reasons and other grounds described in the administrative record for this rulemaking: 

a. High-volume hydraulic fracturing and related activities pose significant, immediate and long-term risks to 
the development, conservation, utilization, management, and preservation of the water resources of the Delaware 
River Basin and to Special Protection Waters of the Basin, considered by the Commission to have exceptionally 
high scenic, recreational, ecological, and/or water supply values. 

b. Controlling future pollution by prohibiting high volume hydraulic fracturing in the Basin is required to 
effectuate the Commission's Comprehensive Plan, avoid injury to the waters of the Basin as contemplated by the 
Comprehensive Plan and protect the public health and preserve the waters of the Basin for uses in accordance 
with the Comprehensive Plan. 

The Commission's Comment and Response Document responds to comments regarding the risks to water 
resources posed by HVHF, and the potential and observed adverse impacts of HVHF and related activities on 
water resources. In addition, it addresses comments concerning: the Commission's authority; the intersection of 
Commission, state and Federal rules; the proposed rule text; basis and background documents; economic impacts; 
the relationship of HVHF and related activities to DRBC's Comprehensive Plan, rules and policies; public health; 
chemical disclosures; climate change; renewable energy; policies and reports on the Susquehanna River Basin; 
the public input process; compliance and enforcement; constitutional challenges and other matters. 

Changes from the draft rule. Upon adopting its final rules concerning HVHF, the Commission withdrew 
proposed § 440.4 - Exportation of water for hydraulic fracturing of oil and natural gas wells and § 440.5 - Produced 
Water (and importation of wastewater), and revised § 440.2 - Definitions to eliminate terms associated solely with 
the two deleted sections. Within part 401, comprising the Commission's Rules of Practice and Procedure, 
proposed amendments to § 401.35 - Classification of Projects for Review concerning the importation and 
exportation of water and wastewater into and from the Basin were withdrawn. Also, within part 401, proposed 
amendments to § 401.43 - Regulatory Program Fees related to wastewater treatability studies were withdrawn. 
The final rules were revised to eliminate all references to the deleted sections, and public comments specific to 
these sections are not addressed in the Commission's Comment and Response document. The topics of water 
exportation and wastewater importation will be addressed as appropriate through one or more separate 
Commission actions. 

The Comprehensive Plan amendments and final rules replace the Executive Director Determinations of May 19, 
2009, June 14, 2010 and July 23, 2010. The Resolution for the Minutes of May 5, 2010, which postponed the 
Commission's consideration of well pad projects until the adoption of final rules, expires by its own terms. 

Additional materials. Additional materials can be found on the Commission's website, www.drbc.gov, at https:// 
www.state.nj.us/drbc/about/regulations/final-rule_hvhf.html. These include links to Resolution No. 2021-01 of 





February 25, 2021 adopting the final rule; the Commission's Comment and Response Document; a mark-up 
comparing the final to the proposed rule text for 18 CFR part 440; and mark-ups comparing the amended to the 
existing rule text for 18 CFR 401.35 and 401.43. The Commission's notice of proposed rulemaking, proposed rule 
text, written comments received, and transcripts of public hearings also can be found on the Commission's website 
at https://www.nj.gov/drbc/meetings/proposed/notice_hydraulic-fracturing.html. 

A summary of Commission actions with respect to hydraulic fracturing for oil and gas extraction prior to the 
Commission's September 13, 2017 directive is available at: https://www.nj.gov/drbc/programs/natural/ 
archives.html. 

For the reasons set forth in the preamble, the Delaware River Basin Commission amends 18 CFR chapter III 
as follows: 

PART 401 - RULES OF PRACTICE AND PROCEDURE 

1. The authority citation for part 401 continues to read as follows: 

Authority: Delaware River Basin Compact (75 Stat. 688), unless otherwise noted. 

Subpart C - Project Review Under Section 3.8 of the Compact 

2. Amend § 401.35 as follows: 

a. Revise paragraphs (a) introductory text, (a)(2) and (15), and (b)(14) through (17); 

b. Remove paragraph (b)(18); 

c. Revise paragraph (c); 

d. Remove paragraph (d). 

The revisions read as follows: 

§ 401.35 Classification of projects for review under section 3.8 of the Compact. 

(a) Except as the Commission may specially direct by notice to the project owner or sponsor, a project in any of 
the following classifications will be deemed not to have a substantial effect on the water resources of the Basin and 
is not required to be submitted under Section 3.8 of the Compact: 

* * * * * 

(2) A withdrawal from ground water when the daily average gross withdrawal during any 30 consecutive day 
period does not exceed 100,000 gallons; 

* * * * * 

(15) Draining, filling, or otherwise altering marshes or wetlands when the area affected is less than 25 acres; 
provided, however, that areas less than 25 acres shall be subject to Commission review and action where neither a 
state nor a Federal level review and permit system is in effect; 

* * * * * 

(b) * * * 

(14) Landfills and solid waste disposal facilities affecting the water resources of the Basin; 

(15) State and local standards of flood plain regulation; 

(16) Electric generating or cogenerating facilities designed to consumptively use in excess of 100,000 gallons 
per day of water during any 30-day period; and 

(17) Any other project that the Commission may specially direct by notice to the project sponsor or land owner 
as having a potential substantial water quality impact on waters classified as Special Protection Waters. 

(c) Regardless of whether expressly excluded from review by paragraph (a) of this section, any project or class 
of projects that in the view of the Commission could have a substantial effect on the water resources of the basin 
may, upon special notice to the project sponsor or landowner, be subject to the requirement for review under 
section 3.8 of the Compact. 

3. Amend § 401.43 as follows: 

a. Revise paragraphs (b)(1) introductory text, (b)(1)(iii) introductory text, (b)(2)(i), (b)(4)(iii), and (c); and 

b. In paragraph (e), in table 1, revise the table heading and the heading for the middle column. 

The revisions read as follows: 

§ 401.43 Regulatory program fees. 

* * * * * 

(b) * * * 





(1) Application fee. Except as set forth in paragraph (b)(1)(iii) of this section, the application fee shall apply to: 

* * * * * 

(iii) Exemptions. The application fee shall not apply to: 

* * * * * 

(2) * * * 

(i) Except as provided in paragraph (b)(2)(ii) of this section, an annual monitoring and coordination fee shall 
apply to each active water allocation or wastewater discharge approval issued pursuant to the Compact and 
implementing regulations in this part, regardless of whether the approval was issued by the Commission in the 
form of a docket, permit or other instrument, or by a Signatory Party Agency under the One Permit Program rule (§ 
401.42). 

* * * * * 

(4) * * * 

(iii) Modification of a DRBC approval. Following Commission action on a project, each project revision or 
modification that the Executive Director deems substantial shall require an additional application fee calculated in 
accordance with paragraph (e) of this section and subject to an alternative review fee in accordance with 
paragraph (b)(3) of this section. 

* * * * * 

(c) Indexed adjustment. On July 1 of every year, beginning July 1, 2017, all fees established by this section will 
increase commensurate with any increase in the annual April 12-month Consumer Price Index (CPI) for 
Philadelphia, published by the U.S. Bureau of Labor Statistics during that year.1 
1. Consumer Price Index - U/Series ID: CUURA102SA0 / Not Seasonally Adjusted / Area: Philadelphia- 
Wilmington-Atlantic City, PA-NJ-DE-MD / Item: All items / Base Period: 1982-84=100. 

 In any year in which the April 12- 
month CPI for Philadelphia declines or shows no change, the application fee and annual monitoring and 
coordination fee will remain unchanged. Following any indexed adjustment made under this paragraph (c), a 
revised fee schedule will be published in the Federal Register by July 1 and posted on the Commission's website. 
Interested parties may also obtain the fee schedule by contacting the Commission directly during business hours. 

* * * * * 

(e) * * * 

TABLE 1 TO § 401.43 - APPLICATION FEES 

* * * * * 

4. Add part 440 to read as follows: 

PART 440 - HIGH VOLUME HYDRAULIC FRACTURING 

Sec. 

440.1 Purpose, authority, and relationship to other requirements. 

440.2 Definitions. 

440.3 High volume hydraulic fracturing (HVHF). 

Authority: Delaware River Basin Compact (75 Stat. 688). 

§440.1 Purpose, authority, and relationship to other requirements. 

(a) Purpose. The purpose of this part is to protect and conserve the water resources of the Delaware River 
Basin. To effectuate this purpose, this section establishes standards, requirements, conditions, and restrictions to 
prevent or reduce depletion and degradation of surface and groundwater resources and to promote sound 
practices of water resource management. 

(b) Authority. This part implements Sections 3.1, 3.2(a), 3.2 (b), 3.6(b), 3.6(h), 4.1, 5.2, 7.1, 13.1 and 14.2(a) of 
the Delaware River Basin Compact. 





(c) Comprehensive Plan. The Commission has determined that the provisions of this part are required for the 
immediate and long range development and use of the water resources of the Basin and are therefore 
incorporated into the Commission's Comprehensive Plan. 

(d) Relationship to other Commission requirements. The provisions of this part are in addition to all applicable 
requirements in other Commission regulations in this chapter, dockets, and permits. 

(e) Severability. The provisions of this part are severable. If any provision of this part or its application to any 
person or circumstances is held invalid, the invalidity will not affect other provisions or applications of this part, 
which can be given effect without the invalid provision or application. 

(f) Coordination and avoidance of duplication. In accordance with and pursuant to section 1.5 of the Delaware 
River Basin Compact, to the fullest extent it finds feasible and advantageous the Commission may enter into an 
Administrative Agreement (Agreement) with any Basin state or the Federal Government to coordinate functions 
and eliminate unnecessary duplication of effort. Such Agreements will be designed to: effectuate 
intergovernmental cooperation, minimize the efforts and duplication of state and Commission staff resources 
wherever possible, ensure compliance with Commission-approved requirements, enhance early notification of the 
general public and other interested parties regarding proposed activities in the Basin, indicate where a host state's 
requirements satisfy the Commission's regulatory objectives, and clarify the relationship and project review 
decision making processes of the states and the Commission for projects subject to review by the states under 
their state authorities and by the Commission under Section 3.8 and Articles 6, 7, 10 and 11 of the Compact. 

§440.2 Definitions. 

For purposes of this part, the following terms and phrases have the meanings provided. Some definitions differ 
from those provided in regulations of one or more agencies of the Commission's member states and the Federal 
Government. 

Basin is the area of drainage into the Delaware River and its tributaries, including Delaware Bay. 

Commission is the Delaware River Basin Commission (DRBC) created and constituted by the Delaware River 
Basin Compact. 

Fracturing fluid(s) is a mixture of water (whether fresh or recycled) and/or other fluids and chemicals or other 
additives, which are injected into the subsurface and which may include chemicals used to reduce friction, 
minimize biofouling of fractures, prevent corrosion of metal pipes or remove drilling mud damage within a wellbore 
area, and propping agents such as silica sand, which are deposited in the induced fractures. 

High volume hydraulic fracturing (HVHF) is hydraulic fracturing using a combined total of 300,000 or more 
gallons of water during all stages in a well completion, whether the well is vertical or directional, including 
horizontal, and whether the water is fresh or recycled and regardless of the chemicals or other additives mixed with 
the water. 

Hydraulic fracturing is a technique used to stimulate the production of oil and natural gas from a well by 
injecting fracturing fluids down the wellbore under pressure to create and maintain induced fractures in the 
hydrocarbon-bearing rock of the target geologic formation. 

Person is any natural person, corporation, partnership, association, company, trust, Federal, state, or local 
governmental unit, agency, or authority, or other entity, public or private. 

Water resource(s) is water and related natural resources in, on, under, or above the ground, including related 
uses of land, which are subject to beneficial use, ownership, or control within the hydrologic boundary of the 
Delaware River Basin. 

§440.3 High volume hydraulic fracturing (HVHF). 

(a) Determination. The Commission has determined that high volume hydraulic fracturing poses significant, 
immediate and long-term risks to the development, conservation, utilization, management, and preservation of the 
water resources of the Delaware River Basin and to Special Protection Waters of the Basin, considered by the 
Commission to have exceptionally high scenic, recreational, ecological, and/or water supply values. Controlling 
future pollution by prohibiting such activity in the Basin is required to effectuate the Comprehensive Plan, avoid 
injury to the waters of the Basin as contemplated by the Comprehensive Plan, and protect the public health and 
preserve the waters of the Basin for uses in accordance with the Comprehensive Plan. 

(b) Prohibition. High volume hydraulic fracturing in hydrocarbon bearing rock formations is prohibited within the 
Delaware River Basin. 

Dated: April 27, 2021. 





Pamela M. Bush, Esq. 

Commission Secretary and Assistant General Counsel 

REGULATORY IMPLEMENTING ORDER 

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED 

Pursuant to 14 Del. C. §122(b), the Secretary of Education seeks the consent of the State Board of Education 
to amend 14 DE Admin. Code 915 James H. Groves High School. This regulation is being updated to amend 
language related to the age of a student in the In School Credit (ISC) Program. Specifically, there is no longer a 
requirement that the ISC Program mirror federal regulations since Groves does not receive federal funding. This 
change to the regulation will be in effect until June 30, 2022 as it is the result of the COVID-19 pandemic. Other 
minor changes were made to the regulation to comply with the Delaware Administrative Code Style Manual. 

Notice of the proposed regulation was published in the Delaware Register of Regulations on March 1, 2021. In 
addition, notice was published in The News Journal and the Delaware State News on March 1, 2021, in the form 
hereto attached as Exhibit "A". One comment was received from the Governor's Advisory Council for Exceptional 
Citizens which was in support of the proposed amended regulation. 

II. FINDINGS OF FACTS 

The Secretary finds that it is appropriate to amend 14 DE Admin. Code 915 James H. Groves High School 
updated to amend language related to the age of a student in the In School Credit (ISC) Program. Specifically, 
there is no longer a requirement that the ISC Program mirror federal regulations since Groves does not receive 
federal funding. This change to the regulation will be in effect until June 30, 2022 as it is the result of the COVID-19 
pandemic. Other minor changes were made to the regulation to comply with the Delaware Administrative Code 
Style Manual. 

III. DECISION TO AMEND THE REGULATION 

For the foregoing reasons, the Secretary concludes that it is appropriate to amend 14 DE Admin. Code 915 
James H. Groves High School. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 915 James H. Groves 
High School attached hereto as Exhibit "B" is hereby amended. Pursuant to the provision of 14 Del.C. §122(e), 14 
DE Admin. Code 915 James H. Groves High School hereby amended shall be in effect for a period of one year 
from the effective date of this order as set forth in Section V. below. 

IV. TEXT AND CITATION 

The text of 14 DE Admin. Code 915 James H. Groves High School amended hereby shall be in the form 
attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 915 James H. Groves 
High School in the Administrative Code of Regulations for the Department of Education. 

V. EFFECTIVE DATE OF ORDER 

The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on April 22, 2021. 
The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware 
Register of Regulations. 

IT IS SO ORDERED the 22nd day of April 2021. 

Department of Education 





Susan S. Bunting, Ed.D., Secretary of Education 

Approved this 22nd day of April 2021 

State Board of Education 
/s/ Whitney Townsend Sweeney, President 

/s/ Vincent Lofink 

/s/ Wali W. Rushdan, II, Vice President 

/s/ Audrey J. Noble, Ph.D. 

/s/ Shawn Brittingham 

Provey Powell, Jr. (absent) 

/s/ Candace Fifer 





*Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d). 

915 James H. Groves High School 

2.1.1.12.1.1.1.1 Submit an application on forms approved by the Department; 

2.1.1.22.1.1.1.2 Qualify as meeting secondary level skills, as determined by the Department, on a 
standardized assessment. 

2.2.1.12.1.2.1.1 A letter of request for admission with the rationale for granting a waiver; 

2.2.1.22.1.2.1.2 A letter of recommendation from the high school of record; 

2.2.1.32.1.2.1.3 Proof of exit from high school; and 

2.2.1.42.1.2.1.4 Proof of age. 





2.4.1.12.3.1.1 Be 16 or 17 years of age; 

2.4.1.22.3.1.2 Intend to graduate from the James H James H. Groves High School; 

2.4.1.32.3.1.3 Be expelled or be pending expulsion for a nonviolent reason and not be a security 
threat; 

2.4.1.42.3.1.4 Submit a letter of recommendation signed by the principal or designee of their high 
school of record; 

2.4.1.52.3.1.5 Meet with the Department’s Director of Adult and Prison Education Resources or 
designee to orally present his or her their case for entry into Groves. The decision 
regarding admission shall be made by the Director or designee; and 

2.4.1.62.3.1.6 Meet the requirements in subsection 2.1.1 2.1.1.1. 





All fees for the James H. Groves High School shall be set by the Delaware Secretary of Education. 

Students enrolled in each Center shall have such rights and be subject to such responsibilities as set forth in 
the James H. Groves Student Rights and Responsibilities document, and as such may be amended from time to 
time by the Department. 

7.1.2.1 A formal request for full Center status shall be made to the Department at the end of year 
one the first year as a satellite or pilot Center. The request shall include: 





8.1.1.1 Notify all current students of the Center closing and provide them with information to 
transfer to another Center. Records of active students shall be sent to the new Center; 

8.1.1.2 Provide all current and past student and administrative records to the Department; 

8.1.1.3 Send all equipment purchased for the Center to the Department or to the designated 
Centers for redistribution; and 

8.1.1.4 Return unspent funds to the Department. 

9.2.1.1 Notify all current students of the Center closing and provide them with information to 
transfer to another Center. 

9.2.1.2 Provide all current and past student and administrative records to the Department; 

9.2.1.3 Send all equipment purchased for the Center to the Department or to the designated 
Centers for redistribution; and 

9.2.1.4 Return unspent funds to the Department. 





REGULATORY IMPLEMENTING ORDER 

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED 

Pursuant to 14 Del.C. §§1203, 1205(b), and 1210, the Professional Standards Board, acting in consultation 
and cooperation with the Delaware Department of Education (“Department”), developed amendments to 14 DE 
Admin. Code 1510 Issuance of Initial License. The regulation concerns the requirements for an Initial License in 
accordance with 14 Del.C. §1210. The proposed amendments include revising the title of the regulation; clarifying 
that the regulation applies to both the issuance and retention of an Initial License in Section 1.0; adding and striking 
defined terms in Section 2.0; clarifying the requirements for issuing an Initial License in Section 3.0; specifying the 
requirements for an applicant to obtain an Initial License in Section 4.0; adding reciprocity requirements in Section 
5.0; specifying the requirements for applicants whose Delaware Initial License expired in Section 6.0; specifying 
application requirements in Section 7.0; adding Section 8.0, which concerns the validity of an Initial License; 
specifying the requirements for extensions for exigent circumstances and leaves of absence in Sections 9.0 and 
10.0, respectively; revising Section 11.0, which concerns requests for the Secretary of Education to review 
applications for an Initial License; adding Section 12.0, which specifies the requirements for retaining an Initial 
License; adding Section 13.0, which concerns disciplinary actions; specifying the requirements for educators who 
intend to apply for a Continuing License in Section 15.0; revising Section 16.0, which concerns recognizing past 
Initial Licenses that were issued by the Department; and adding Section 17.0, which specifies that the effective 
date of the regulation would be July 1, 2021. 

Notice of the proposed regulation was published in the Register of Regulations on January 1, 2021. The 
Professional Standards Board did not receive any written submittals concerning the proposed amendments. 

II. FINDINGS OF FACTS 

On March 4, 2021, the Professional Standards Board voted to propose 14 DE Admin. Code 1510 Issuance of 
Initial License, in the form attached hereto as Exhibit A, for adoption by the Department subject to the State Board 
of Education’s approval. 

The Department finds that the proposed amendments to the regulation are necessary to implement 14 Del.C. 
Ch. 12 and are designed to improve the quality of the Delaware educator workforce and to improve student 
performance. Accordingly, the Department finds that it is appropriate to amend 14 DE Admin. Code 1510 
Issuance of Initial License. 

III. DECISION TO AMEND THE REGULATION 

For the foregoing reasons, the Department concludes that it is appropriate to amend 14 DE Admin. Code 
1510 Issuance of Initial License subject to the State Board of Education’s approval. Therefore, pursuant to 14 
Del.C. §§1203, 1205(b), and 1210, 14 DE Admin. Code 1510 Issuance of Initial License, attached hereto as 
Exhibit A, is hereby amended. 

IV. TEXT AND CITATION 

The text of 14 DE Admin. Code 1510 Issuance of Initial License adopted hereby shall be in the form attached 
hereto as Exhibit A and said regulation shall be cited as 14 DE Admin. Code 1510 Initial License in the 
Administrative Code of Regulations for the Department. 





V. EFFECTIVE DATE OF ORDER 

The effective date of this Order shall be July 1, 2021. 

IT IS SO ORDERED the 22nd day of April, 2021. 

Department of Education 

Susan S. Bunting, Ed.D., Secretary of Education 

Approved this 22nd day of April, 2021. 

State Board of Education 
/s/ Whitney Sweeney, President 

/s/ Vincent Lofink 

/s/ Wali W. Rushdan, II, Vice President 

/s/ Audrey J. Noble, Ph.D. 

/s/ Shawn Brittingham 

Provey Powell, Jr. (absent) 

/s/ Candace Fifer 





*Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d). 

REGULATORY IMPLEMENTING ORDER 

I. SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED 

Pursuant to 14 Del.C. §§1203 and 1205(b), the Professional Standards Board, acting in consultation and 
cooperation with the Delaware Department of Education (“Department”), developed amendments to 14 DE Admin. 
Code 1582 School Nurse. The regulation concerns the requirements for a School Nurse Standard Certificate in 
accordance with 14 Del.C. §1220. The proposed amendments include amending the definition of “Supervised 
Clinical Nursing Experience” in Section 2.0; adding the multi-state compact registered nurse license; and 
amending Section 10.0, which concerns requests for the Secretary of Education to review standard certificate 
applications. 

Notice of the proposed regulation was published in the Register of Regulations on January 1, 2021. The 
Professional Standards Board did not receive any written submittals concerning the proposed amendments. 

II. FINDINGS OF FACTS 

On March 4, 2021, the Professional Standards Board voted to propose 14 DE Admin. Code 1582 School 
Nurse, in the form attached hereto as Exhibit A, for adoption by the Department subject to the State Board of 





Education’s approval. 

The Department finds that the proposed amendments to the regulation are necessary to implement 14 Del.C. 
Ch. 12 and are designed to improve the quality of the Delaware educator workforce and to improve student 
performance. Accordingly, the Department finds that it is appropriate to amend 14 DE Admin. Code 1582 School 
Nurse. 

III. DECISION TO AMEND THE REGULATION 

For the foregoing reasons, the Department concludes that it is appropriate to amend 14 DE Admin. Code 
1582 School Nurse subject to the State Board of Education’s approval. Therefore, pursuant to 14 Del.C. §§1203 
and 1205(b), 14 DE Admin. Code 1582 School Nurse, attached hereto as Exhibit A, is hereby amended. 

IV. TEXT AND CITATION 

The text of 14 DE Admin. Code 1582 School Nurse adopted hereby shall be in the form attached hereto as 
Exhibit A and said regulation shall be cited as 14 DE Admin. Code 1582 School Nurse in the Administrative Code 
of Regulations for the Department. 

V. EFFECTIVE DATE OF ORDER 

The effective date of this Order shall be ten days from the date this Order is published in the Register of 
Regulations. 

IT IS SO ORDERED the 22nd day of April, 2021. 

Department of Education 

Susan S. Bunting, Ph,D., Secretary of Education 

Approved this 22nd day of April, 2021. 

State Board of Education 
/s/ Whitney Sweeney, President 

/s/ Vincent Lofink 

/s/ Wali W. Rushdan, II, Vice President 

/s/ Audrey J. Noble, Ph.D. 

/s/ Shawn Brittingham 

Provey Powell, Jr. (absent) 

/s/ Candace Fifer 





*Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d). 

1582 School Nurse 





6.2.1.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant's 
Regionally Accredited college or university; or 

6.2.1.2 Sealed paper transcripts may be submitted. 

6.2.1.3 The Department will not accept copies of transcripts; and 





6.4.2.1 Electronic transcripts may be submitted by the Employing Authority or by the applicant's 
Regionally Accredited college or university; or 

6.4.2.2 Sealed paper transcripts may be submitted. 

6.4.2.3 The Department will not accept copies of transcripts; and 





The Department shall recognize a School Nurse Standard Certificate that was issued prior to the effective date 
of this regulation. An educator Educator holding such a Standard Certificate issued by the Department before the 
effective date of this regulation shall be considered certified to practice as a school nurse. 

ORDER 

BEFORE DELAWARE HEALTH AND SOCIAL SERVICES 

IN THE MATTER OF 

REVISION OF THE REGULATION ) 

OF DELAWARE'S ) 

TITLE XIX MEDICAID STATE PLAN ) 

SECTIONS 16100, 16500.1, 16500.1.1, 16500.2 and 16500.3 ) 

NATURE OF THE PROCEEDINGS: 

Delaware Health and Social Services ("Department") / Division of Medicaid and Medical Assistance initiated 
proceedings to amend the Delaware Social Services Manual (DSSM) regarding Modified Adjusted Gross Income 
(MAGI) Methodology, specifically, to align with recently issued federal guidance. The Department's proceedings to 
amend its regulations were initiated pursuant to 29 Del. C. § 10114 and its authority as prescribed by 31 Del. C. § 
512. 

The Department published its notice of proposed regulation changes pursuant to 29 Del. C. § 10115 in the 
March 2021 Delaware Register of Regulations, requiring written materials and suggestions from the public 





concerning the proposed regulations to be produced by March 31, 2021 at which time the Department would 
receive information, factual evidence, and public comment to the said proposed changes to the regulations. 

SUMMARY OF PROPOSAL 

Purpose 

The purpose of this proposed regulation is to revise Modified Gross Income (MAGI)-based income 
methodologies to align with the most recently issued federal guidance. 

Summary of Proposed Changes 

Effective for services provided on and after June 11, 2021 Delaware Health and Social Services/Division of 
Medicaid and Medical Assistance (DHSS/DMMA) proposes to amend sections 16100, 16500.1, 16500.1.1, 
16500.2 and 16500.3 of the Delaware Social Services Manual (DSSM) regarding MAGI Methodology, specifically, 
to align with federal guidance. 

Background 

Section 1902(e)(14) of the Act requires that state Medicaid agencies generally use "modified adjusted gross 
income" and "household income," as defined at section 36B(d)(2) of the Internal Revenue Code of 1986 (the IRC) 
to determine Medicaid eligibility. There have been recent legislative changes to MAGI-based methodologies: the 
Tax Cuts and Jobs Act (Pub. L. No. 115-97, "TCJA"), enacted on December 22, 2017; the Bipartisan Budget Act of 
2018 (Pub. L. No. 115-123, "BBA of 2018"), enacted on February 9, 2018; and the Helping Ensure Access for Little 
Ones, Toddlers, and Hopeful Youth by Keeping Insurance Delivery Stable Act (Pub. L. No. 115-120, "HEALTHY 
KIDS Act"), enacted on January 22, 2018. 

Statutory Authority 

• Section 1902(e)(14) of the Social Security Act 

• Tax Cuts and Jobs Act (Pub. L. No. 115-97, "TCJA"), enacted on December 22, 2017 

Public Notice 

In accordance with the federal public notice requirements established at Section 1902(a)(13)(A) of the Social 
Security Act and 42 CFR 447.205 and the state public notice requirements of Title 29, Chapter 101 of the Delaware 
Code, DHSS/ DMMA gives public notice and provides an open comment period for 30 days to allow all 
stakeholders an opportunity to provide input on the proposed regulation. Comments were to have been received by 
4:30 p.m. on March 31, 2021. 

Provider Manuals and Communications Update 

A newsletter system is utilized to distribute new or revised manual material and to provide any other pertinent 
information regarding manual updates. Updates are available on the Delaware Medical Assistance Portal website: 
https://medicaid.dhss.delaware.gov/provider 

Fiscal Impact Statement 

There is no anticipated fiscal impact. 

Summary of Comments Received with Agency Response and Explanation of Changes 

No comments were received. 

FINDINGS OF FACT: 

The Department finds that the proposed changes as set forth in the March 2021 Register of Regulations 
should be adopted. 

THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Delaware Social Services Manual 
(DSSM) regarding Modified Adjusted Gross Income (MAGI) Methodology, specifically, to align with recently issued 
federal guidance, is adopted and shall be final effective June 11, 2021. 





 5/14/2021 

Date of Signature 

Molly K. Magarik, MS, Secretary, DHSS 

MAGI Methodology 

FINAL ORDER ADOPTING REGULATION CHANGES 

The Delaware Board of Medical Licensure and Discipline pursuant to 24 Del. C. §§ 1713(a)(12) proposed to 
add a new regulation, clarifying the circumstances under which a prescriber regulated by Title 24, Chapter 17 can 
request a waiver from the Board of the electronic prescribing requirements recently passed by the General 
Assembly. 

SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED 

Following publication in the Delaware Register of Regulations on March 1, 2021, a public hearing was held on 
April 6, 2021. Written comment periods were held open for thirty days, and an additional fifteen days following the 
public hearing. At the hearing, the Board accepted as evidence and marked as the Board’s Exhibit 1 
documentation of publication of the notice of the public hearing in the News Journal and the Delaware State News. 
During the written public comment period, no written comments were received, and during the public hearing, no 
verbal comments were received. After public deliberation at its meeting on May 4, 2021, the Board determined that 
the regulations should be adopted as proposed. 

SUMMARY OF THE FINDINGS OF FACT 

Pursuant to discussions held at open public Board meetings, the Board proposed to adopt regulations 
clarifying the circumstances under which a prescriber regulated by Title 24, Chapter 17 can request a waiver from 
the Board of the electronic prescribing requirements recently passed by the General Assembly. As drafted, the 
legislation requires the Board to promulgate regulations outlining the waiver requirements that will be used when 
granting a waiver for no longer than one year. 

DECISION OF THE BOARD 

Having found that the proposed changes to the regulations are necessary as outlined herein, the Board finds 
that the regulations shall be published as final in the June 2021 Register of Regulations.The regulations will 
become effective on June 11, 2021. The exact text of the regulations is attached to this order as Exhibit A. 

IT IS SO ORDERED this 4th day of May, 2021 by the Delaware Board of Medical Licensure and Discipline. 
/s/ Stephen Lawless, M.D., President 

Karyl Rattay, M.D. (absent) 

/s/ Madelyn Nellius, Public Member 

/s/ Janice Truitt, Public Member 

/s/ Bryan D. Villar, M.D. 

/s/ Garret H. Colmorgen, M.D. 









/s/ Sharon Williams-Mayo, Public Member 

Georges A. Dahr, M.D. (absent) 

Malvine Richard, Public Member (absent) 

/s/ Barry L. Baskt, D.O. 

/s/ Melissa Warren, Public Member 

/s/ N. C. Vasuki, Public Member 

/s/ Mary Lomax, Public Member 

/s/ Randeep Kahlon, M.D. 

/s/ Joseph Rubacky, M.D. 





*Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d). 

1700 Board of Medical Licensure and Discipline 

3500 BOARD OF EXAMINERS OF PSYCHOLOGISTS 

ORDER 

NATURE AND STAGE OF THE PROCEEDINGS 

On March 1, 2021, the Delaware Board of Examiners of Psychologists published proposed changes to its 
regulations in the Delaware Register of Regulations, Volume 24, Issue 9. This notice further indicated that written 
comments would be accepted by the Board for thirty days, a public hearing would be held, and written comments 
would be accepted for fifteen days thereafter. After due notice in the Register of Regulations and two Delaware 
newspapers, a public hearing was held on April 5, 2021 at a regularly scheduled meeting of the Delaware Board of 
Examiners of Psychologists to receive verbal comments regarding the Board’s proposed amendments to its 
regulations. 

SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED 

At the time of the deliberations, the Board considered the following documents: 

Board Exhibit 1 – Affidavit of publication of the public hearing notice in the News Journal; and 

Board Exhibit 2 – Affidavit of publication of the public hearing notice in the Delaware State News. 

There was no verbal testimony given at the public hearing on April 5, 2021. No written comments were 
received by the Board during the initial thirty-day public comment period; nor were any written comments received 
after the public hearing during the fifteen day 29 Del. C. § 10118(a) second public comment period. 

FINDINGS OF FACT AND CONCLUSIONS 

1. The public was given notice and an opportunity to provide the Board with comments in writing and by 
testimony at the public hearing on the proposed amendments to the Board’s regulations. 

2. There were no public comments provided to the Board during the two written public comment periods, or 
the public hearing. 

3. Pursuant to 24 Del. C. § 3506(a)(1), the Board has statutory authority to promulgate rules and regulations 
clarifying specific statutory sections of its statute. 

4. The proposed changes to the Rules and Regulations seek to require licensees to update their contact 
information with 10 days of any such change; clarify that psychological assistant registrants must complete a Board 





approved internship, not just a 450 hour practicum; enhance continuing education requirements by clarifying the 
maximum number of credits which may be earned for preparing and presenting scientific papers and posters; 
clarify the requirements for supervision of psychological assistants and direct applicants; clarify that “face-to-face” 
can include videoconferencing; and eliminates outdated or inconsistent telehealth and “appendix” regulations. 

5. Having received no public comments, the Board finds no reason to amend the regulations as proposed. 

DECISION AND EFFECTIVE DATE 

The Board hereby adopts the changes to its rules and regulations as proposed, to be effective 10 days 
following publication of this order in the Register of Regulations. The new regulations are attached hereto as 
Exhibit A. 

SO ORDERED this 3rd day of May, 2021. 

BY THE DELAWARE BOARD OF EXAMINERS OF PSYCHOLOGISTS 
/s/ Dr. Laura Cooney-Koss, President 

/s/ Dr. Katherine Elder, Vice President 

/s/ Dr. Debbie Harrington, Public Member, Secretary 

/s/ Dr. Meghan Lines 

/s/ Dr. Kristen Robust 

/s/ Dr. Rebecca Richmond 

/s/ Dr. Michael Harpe, Public Member 

/s/ Rachel Sandy, Public Member 

/s/ Heather Contant, Public Member 





*Please Note: Electronic signatures ("/s/") were accepted pursuant to 6 Del.C. §12A-107(d). 

3500 Board of Examiners of Psychologists