Delaware Register

Delaware Register
of
Regulations
Issue Date: November 1, 2002
Volume 6 Issue 5 - Pages 561 - 707
IN THIS ISSUE:
Regulations:
Eratta
Proposed
Final
Governor
General Notices
Calendar of Events &
Hearing Notices
Pursuant to 29 Del.C. Chapter 11, Subchapter III, this issue of the Register 
contains
all documents required to be published, and received, on or before October 15, 
2002.
INFORMATION ABOUT THE DELAWARE
562 REGISTER OF REGULATIONS
DELAWARE REGISTER OF
REGULATIONS
The Delaware Register of Regulations is an
official State publication established by authority
of 69 Del. Laws, c. 107 and is published on the
first of each month throughout the year.
The Delaware Register will publish any
regulations that are proposed to be adopted,
amended or repealed and any emergency
regulations promulgated.
The Register will also publish some or all of
the following information:
• Governor’s Executive Orders
• Governor’s Appointments
• Attorney General’s Opinions in full text
• Agency Hearing and Meeting Notices
• Other documents considered to be in the
public interest.
CITATION TO THE
DELAWARE REGISTER
The Delaware Register of Regulations is
cited by volume, issue, page number and date. An
example would be:
5 DE Reg. 1337 - 1339 (01/1/02)
Refers to Volume 5, pages 1337 - 1339 of the
Delaware Register issued on January 1, 2002.
SUBSCRIPTION INFORMATION
The cost of a yearly subscription (12 issues)
for the Delaware Register of Regulations is
$120.00. Single copies are available at a cost of
$12.00 per issue, including postage. For more
information contact the Division of Research at
302-744-4114 or 1-800-282-8545 in Delaware.
CITIZEN PARTICIPATION IN THE
REGULATORY PROCESS
Delaware citizens and other interested parties
may participate in the process by which
administrative regulations are adopted, amended
or repealed, and may initiate the process by which
the validity and applicability of regulations is
determined.
Under 29 Del.C. §10115 whenever an
agency proposes to formulate, adopt, amend or
repeal a regulation, it shall file notice and full text
of such proposals, together with copies of the
existing regulation being adopted, amended or
repealed, with the Registrar for publication in the
Register of Regulations pursuant to §1134 of this
title. The notice shall describe the nature of the
proceedings including a brief synopsis of the
subject, substance, issues, possible terms of the
agency action, a reference to the legal authority of
the agency to act, and reference to any other
regulations that may be impacted or affected by
the proposal, and shall state the manner in which
persons may present their views; if in writing, of
the place to which and the final date by which such
views may be submitted; or if at a public hearing,
the date, time and place of the hearing. If a public
hearing is to be held, such public hearing shall not
be scheduled less than 20 days following
publication of notice of the proposal in the
Register of Regulations. If a public hearing will
be held on the proposal, notice of the time, date,
place and a summary of the nature of the proposal
shall also be published in at least 2 Delaware
newspapers of general circulation. The notice
shall also be mailed to all persons who have made
timely written requests of the agency for advance
notice of its regulation-making proceedings.
The opportunity for public comment shall be
held open for a minimum of 30 days after the
proposal is published in the Register of
Regulations. At the conclusion of all hearings and
after receipt, within the time allowed, of all written
materials, upon all the testimonial and written
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
INFORMATION ABOUT THE DELAWARE 563
REGISTER OF REGULATIONS
evidence and information submitted, together with unless a complaint therefor is 
filed in the Court
summaries of the evidence and information by within 30 days of the day the 
agency order with
subordinates, the agency shall determine whether respect to the regulation was 
published in the
a regulation should be adopted, amended or Register of Regulations.
repealed and shall issue its conclusion in an order
which shall include: (1) A brief summary of the
evidence and information submitted; (2) A brief
summary of its findings of fact with respect to the
evidence and information, except where a rule of CLOSING DATES AND ISSUE DATES 
procedure is being adopted or amended; (3) A
decision to adopt, amend or repeal a regulation or FOR THE DELAWARE REGISTER
to take no action and the decision shall be OF REGULATIONS
supported by its findings on the evidence and
information received; (4) The exact text and ISSUE CLOSING CLOSING
citation of such regulation adopted, amended or DATE DATE TIME
repealed; (5) The effective date of the order; (6)
Any other findings or conclusions required by the
law under which the agency has authority to act; NOVEMBER 1 OCTOBER 15 4:30 P.M.
and (7) The signature of at least a quorum of the
agency members. DECEMBER 1 NOVEMBER 15 4:30 P.M.
The effective date of an order which adopts, JANUARY 1 DECEMBER 15 4:30 P.M.
amends or repeals a regulation shall be not less
than 10 days from the date the order adopting, FEBRUARY 1 JANUARY 15 4:30 P.M.
amending or repealing a regulation has been published
in its final form in the Register of Regula- MARCH 1 FEBRUARY 15 4:30 P.M.
tions, unless such adoption, amendment or repeal
qualifies as an emergency under §10119.
DIVISION OF RESEARCH STAFF:
Any person aggrieved by and claiming the
unlawfulness of any regulation may bring an Walter G. Feindt, Deputy Director; 
Judi
action in the Court for declaratory relief. Abbott, Secretary; Sandra F. Clark,
Administrative Assistant; Jeffrey W. Hague,
No action of an agency with respect to the Registrar of Regulations; Ruth Ann 
Melson,
making or consideration of a proposed adoption, Legislative Librarian; Deborah 
J. Messina, Print
amendment or repeal of a regulation shall be sub- Shop Supervisor; Alex W. Mull, 
Assistant
ject to review until final agency action on the pro- Registrar; Deborah A. 
Porter, Interim
posal has been taken. Supervisor; Victoria Schultes, Administrative
Assistant; Ted Segletes, Paralegal; Don Sellers,
When any regulation is the subject of an Printer; Thom Shiels, Legislative 
Attorney; Alice
enforcement action in the Court, the lawfulness of W. Stark, Legislative 
Attorney; Marvin L.
such regulation may be reviewed by the Court as a Stayton, Printer; Rochelle 
Yerkes, Senior
defense in the action. Secretary.
Except as provided in the preceding section,
no judicial review of a regulation is available
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE ISSUE 5, FRIDAY, NOVEMBER 1, 
2002
564 TABLE OF CONTENTS
Cumulative Tables................................................. ....... 566
ERRATA
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF SOCIAL SERVICES
Title XIX Medicaid State Plan.............................. ....... 570
PROPOSED
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
Board of Plumbing Examiners.............................. ....... 571
Board of Veterinary Medicine............................... ....... 575
DEPARTMENT OF AGRICULTURE
State Forest Regulations........................................ ....... 581
THOROUGHBRED RACING COMMISSION
Rule 15, Shock Wave Therapy.............................. ....... 585
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Criminal History Checks & Drug Testing for
Home Health Agencies, Regulations for........ ....... 585
DIVISION OF PUBLIC HEALTH
EMS Pre-Hospital Advanced Care Directive
Regulations..................................................... ....... 588
DIVISION OF SOCIAL SERVICES
DSSM 6103, Eligibility......................................... ....... 592
Title XIX Medicaid State Plan, Inpatient
Hospital Care Reimbursement Methodology
for Interim Payments...................................... ....... 593
DEPARTMENT OF INSURANCE
Reg. 80, Standards for Prompt, Fair & Equitable
Settlement of Claims for Health
Care Services.................................................. ....... 593
Reg. 86, Standards for Safeguarding Customer
Information..................................................... ...... 595
Reg. 87, Use of Credit Information....................... ...... 597
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Clean Indoor Air Act Regulations......................... ...... 602
Unemployment Insurance Appeal Board
Regulations..................................................... ...... 605
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL
Division of Air & Waste Management
Reg. No. 3, Sec. 11, Ambient Air Quality
Standards........................................................ ...... 609
Reg. No. 24, Sec. 10, Aerospace Coatings............ ...... 611
Delaware 2005 Rate-of-Progress Plan................... ...... 621
Delaware Phase II Attainment Demonstration for the
Philadelphia-Wilmington-Trenton Ozone
Non-attainment Area...................................... ...... 628
EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Neighborhood Assistance Act Tax Credit
Program Regulation........................................ ...... 630
STATE EMPLOYEE BENEFITS COMMITTEE
Group Health Care Insurance Eligibility & Coverage
Rules, Rule 7.01 Higher Education Employees .. 634
FINAL
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
Board of Pilot Commissioners............................... ...... 635
Board of Examiners of Private Investigators &
Private Security Agencies............................... ...... 637
DEPARTMENT OF AGRICULTURE
THOROUGHBRED RACING COMMISSION
15.0 Medication, Testing Procedures.................... ...... 641
DEPARTMENT OF EDUCATION
1005 Membership In Fraternities & Sororities...... ...... 643
1105 School Transportation................................... ...... 643
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
TABLE OF CONTENTS 565
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS PROTECTION
Group Homes For Persons with Mental Illness,
Regulations Pertaining to............................... ....... 654
DIVISION OF PUBLIC HEALTH
Clean Indoor Air Act Regulations......................... ....... 655
DEPARTMENT OF NATURAL RESOURCES AND
ENVIRONMENTAL CONTROL
Division of Air & Waste Management
Reporting of a Discharge of a Pollutant or an
Air Contaminant............................................. ....... 661
EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Co-Op Adverting Program.................................... ....... 683
Direct Grants Program.......................................... ....... 685
Matching Grants Program..................................... ....... 688
STATE EMPLOYEE BENEFITS COMMITTEE
Group Health Care Insurance, Proposed Revisions
to Eligibility and Coverage Rules.................. ....... 690
GOVERNOR
Executive Order 34, Terminating Drought
Emergency..................................................... ....... 698
Appointments........................................................ ....... 699
GENERAL NOTICES
DEPARTMENT OF INSURANCE
Forms & Rates Bulletin 23, Data Requirements for
Filings of Manual Rates for all Property/Casualty
Lines of Business........................................... ....... 700
CALENDAR OF EVENTS/HEARING
NOTICES
Board of Plumbing Examiners, Notice of Public
Hearing.......................................................... ....... 701
Board of Veterinary Medicine, Notice of Public
Hearing .......................................................... ...... 701
Delaware Forest Service, State Forest Regulations,
Notice of Public Hearing................................ ...... 701
Thoroughbred Racing Commission, Notice of
Public Hearing................................................ ...... 702
State Board of Education, Notice of Monthly
Meeting.......................................................... ...... 702
Dept. of Health & Social Services, Div. of Long
Term Care Residents Protection, Regulations
for Criminal History Checks & Drug Testing
for Home Health Agencies, Notice of
Public Hearing......................................... ...... 702
Div. of Public Health, EMS Pre-Hospital Advanced
Care Directive Regs., Notice of
Public Hearing......................................... ...... 702
Div. of Social Services, DSSM 6103, Eligibility,
Notice of Public Comment Period........... ...... 703
Title XIX Medicaid State Plan, Notice of Public
Comment Period...................................... ...... 703
Dept. of Insurance, Reg. 80, Standards for Prompt,
Fair & Equitable Settlement of Claims for
Health Care Services, Notice of Public
Hearing.................................................... ...... 703
Reg. 86, Standards for Safeguarding Customer
Information, Notice of Public Hearing.... ...... 703
Reg. 87, Use of Credit Information, Notice of
Public Hearing......................................... ...... 704
Dept. of Labor, Div. of Industrial Affairs,
Clean Indoor Air Act Regulations, Notice of
Public Hearing......................................... ...... 704
Unemployment Insurance Appeal Board, Notice
of Public Hearing..................................... ...... 704
Unemployment Insurance Appeal Board,
Notice of Public Hearing......................... ...... 704
DNREC, Div. of Air & Waste Management, Reg.
No. 3, Sec. 11, Notice of Public Hearing....... ...... 705
Reg. No. 24, Sec. 10, Aerospace Coatings,
Notice of Public Hearing......................... ...... 705
Delaware’s 2005 Rate-of-Progress Plan,
Notice of Public Hearing......................... ...... 705
DelDot, Office of Public Carrier Regulation, Notice
of Public Comment Period............................. ...... 706
DEDO, Neighborhood Assistance Act Tax Credit
Program Regulation, Notice of Public Hearing.... 706
Delaware River Basin Commission, Notice of
Meeting.......................................................... ...... 707
State Employee Benefits Committee, Notice of
Public Hearing................................................ ...... 707
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
s
566 CUMULATIVE TABLES
The table printed below lists the regulations that have been proposed, adopted, 
amended or repealed
in the preceding issues of the current volume of the Delaware Register of 
Regulations.
The regulations are listed alphabetically by the promulgating agency, followed 
by a citation to that
issue of the Register in which the regulation was published. Proposed 
regulations are designated with
(Prop.); Final regulations are designated with (Final); Emergency regulations 
are designated with
(Emer.); and regulations that have been repealed are designated with (Rep.).
DELAWARE FIRE PREVENTION COMMISSION
Sec. XVII, Ambulance Company’s Intent to Discontinue Service & Sec. XVII, Basic 
Life
Support Data Assessment 
Committee..................................................................................... 
... 6 DE Reg. 87 (Final)
DELAWARE RIVER BASIN COMMISSION
Proposed Amendments to the Comprehensive Plan and the Water Code Relating to the
Operation of LakeWallenpaupack During DrougthWatch, Drought Warning and
Drought Conditions 
.............................................................................................................. 
... 6 DE Reg. 476 (Prop.)
DEPARTMENT OF ADMINISTRATIVE SERVICES
Division of Professional Regulation (TITLE 24 DELAWARE ADMINISTRATIVE CODE)
300 Board of Architects, Rules and 
Regulation............................................................. ... 6 DE 
Reg. 401 (Prop.)
700 Board of 
Chiropractic............................................................................................... 
... 6 DE Reg. 270 (Final)
1000 Board of Pilot 
Commissioners.................................................................................. 
... 6 DE Reg. 231 (Prop.)
1300 Board of Examiners of Private Investigators & Private Security 
Agencies............. ... 6 DE Reg. 124 (Prop.)
2000 Board of Occupational Therapy, Rules and 
Regulations.......................................... ... 6 DE Reg. 270 (Final)
6 DE Reg. 410 (Prop.)
2500 Board of 
Pharmacy................................................................................................... 
... 6 DE Reg. 480 (Final)
2600 Board of Physical 
Therapists,.................................................................................. 
... 6 DE Reg. 410 (Prop.)
2700 Board of Professional Land 
Surveyors..................................................................... 
... 6 DE Reg. 271 (Final)
2900 Real Estate 
Commission........................................................................................... 
... 6 DE Reg. 8 (Prop.)
2925 Real Estate Commission, Education 
Guidelines...................................................... ... 6 DE Reg. 
272 (Final)
6 DE Reg. 516 (Final)
3300 Board ofVeterinary 
Medicine.................................................................................. 
... 6 DE Reg. 273 (Final)
Public Service Commission
Regulations Governing Payphone Service Providers &
Providers of Operator Services for 
Payphones......................................................... ... 6 DE Reg. 
65 (Final)
DEPARTMENT OF AGRICULTURE
Forest Service 
Regulations............................................................................................................ 
... 6 DE Reg. 127 (Prop.)
............. 
.............................................................................................................. 
... 6 DE Reg. 517 (Final)
Harness Racing Commission
Rules 6.2.9, 8.3.6, 8.7 and 
10.2.7.4........................................................................................ 
....6 DE Reg. 416 (Prop.)
Thoroughbred Racing Commission
15.0 Medication, Testing Procedures 6 DE Reg. 233 (Prop.)
DEPARTMENT OF EDUCATION (TITLE 14 DELAWARE ADMINISTRATIVE CODE)
275 Charter Schools... 
.............................................................................................................. 
... 6 DE Reg. 13 (Prop.)
6 DE Reg. 273 (Final)
540 Driver Education. 
.............................................................................................................. 
... 6 DE Reg. 133 (Prop.)
6 DE Reg. 432 (Prop.)
601 School/Police 
Relations.......................................................................................................... 
... 6 DE Reg. 434 (Prop.)
701 Unit Count.......... 
.............................................................................................................. 
... 6 DE Reg. 74 (Final)
707 Salary Continuation: Operation Noble Eagle & Enduring 
Freedom...................................... ... 6 DE Reg. 398(Emer.)
6 DE Reg. 436 (Prop.)
1001 Participation in Extra-Curricular Activities . 
...................................................................... ... 6 DE 
Reg. 18 (Prop.)
6 DE Reg. 279 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
CUMULATIVE TABLES 567
1005 Membership in Fraternities and 
Sororities............................................................................ 
... 6 DE Reg. 255 (Prop.)
1025 Delaware Interscholastic Athletic 
Association..................................................................... 
... 6 DE Reg. 280 (Final)
1049 DIAA Definitions 
.............................................................................................................. 
... 6 DE Reg. 282 (Final)
1050 DIAA 
Sportsmanship............................................................................................................ 
... 6 DE Reg. 284 (Final)
1051 DIAA Senior High School Interscholastic 
Athletics............................................................ ... 6 DE 
Reg. 6 (Errata)
6 DE Reg. 288 (Final)
1052 DIAA Junior High/Middle School Interscholastic Athletics 6 DE Reg. 304 
(Final)
1053 DIAA Waiver 
Procedure....................................................................................................... 
... 6 DE Reg. 282 (Final)
1054 DIAA Investigative 
Procedure.............................................................................................. 
... 6 DE Reg. 282 (Final)
1055 DIAA Appeal 
Procedure....................................................................................................... 
... 6 DE Reg. 282 (Final)
1056 Recognition of Officials’ 
Association.................................................................................. 
... 6 DE Reg. 282 (Final)
1105 School 
Transportation........................................................................................................... 
... 6 DE Reg. 256 (Prop.)
Professional Standards Board
301 General Regulations for Certification of Professional Public School 
Personnel.................... ... 6 DE Reg. 235 (Prop.)
1510 Issuance of Initial 
License..................................................................................................... 
... 6 DE Reg. 251 (Prop.)
1511 Issuance & Renewal of Continuing 
License........................................................................ 
... 6 DE Reg. 135 (Prop.)
6 DE Reg. 518 (Final)
1512 Issuance & Renewal of Advanced 
License........................................................................... 
... 6 DE Reg. 77 (Final)
1513 Denial of Licenses 
.............................................................................................................. 
... 6 DE Reg. 253 (Prop.)
1514 Revocation of 
Licenses......................................................................................................... 
... 6 DE Reg. 254 (Prop.
1517 Certification Career & Technical 
Specialist......................................................................... 
... 6 DE Reg. 140 (Prop.)
6 DE Reg. 523 (Final)
1540 Certification Science 
Teacher............................................................................................... 
... 6 DE Reg. 19 (Prop.)
6 DE Reg. 319 (Final)
1541 Limited Standard Certificate for Middle Level Mathematics and Science and
Secondary Science Certificate for Middle Level 
Science...................................................... ... 6 DE Reg. 21 
(Prop.)
6 DE Reg. 321 (Final)
1594 Delaware Administrator Standards....... ....... 
................................................................. ... 6 DE Reg. 
22 (Prop.)
6 DE Reg. 322 (Final)
DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Long Term Care Residents Protection
Assisted Living Facilities, Regulations 
for............................................................................. 
... 6 DE Reg. 525 (Final)
Group Homes for Persons with Mental Illness, Regulations Pertaining 
to............................ ... 6 DE Reg. 266 (Prop.)
6 DE Reg. 323 (Final)
Nursing Homes Admitting Pediatric Residents, Regulations 
for........................................... ... 6 DE Reg. 79 (Final)
Regulations for Assisted Living 
Facilities.............................................................................. 
... 6 DE Reg. 141 (Prop.)
Division of Public Health
Clean Indoor Air Act 
Regulations.......................................................................................... 
... 6 DE Reg. 267 (Prop.)
Regulations for Adult Day Care 
Facilities.............................................................................. 
... 6 DE Reg. 83 (Final)
Delaware Radiation Control Regulations....... ...... 
.......................................................... ... 6 DE Reg. 98 
(Final)
Regulation for the Certification of 
RadiationTechnologists/Technicians.............................. ... 6 DE Reg. 
99 (Final)
Division of Social Services
DSSM
3002 Time Limit, Temporary Welfare 
Program................................................................... ... 6 
DE Reg. 155 (Prop.)
6 DE Reg. 528 (Final)
3008 & 3012 Dependent 
Children.......................................................................................... 
... 6 DE Reg. 337 (Final)
9007.1 Citizenship and Alien 
Status...................................................................................... 
... 6 DE Reg. 156 (Prop.)
6 DE Reg. 530 (Final)
9045 Maximum Allowable 
Resources.................................................................................. 
... 6 DE Reg. 158 (Prop.
6 DE Reg. 531 (Final)
9046, 9048, 9049 & 9051, Noncitizen Elibigility and 
Certification....................................... ... 6 DE Reg. 339 (Final)
9060 Income 
Deductions....................................................................................................... 
... 6 DE Reg. 439 (Prop.)
9085 Reporting 
Changes........................................................................................................ 
... 6 DE Reg. 441 (Prop.)
14600 Third-Party 
Liability................................................................................................... 
... 6 DE Reg. 158 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
568 CUMULATIVE TABLES
6 DE Reg. 532 (Final)
14900 Enrollment in Managed 
Care...................................................................................... 
... 6 DE Reg. 533 (Final)
15160.1 Eligibility 
Determination......................................................................................... 
... 6 DE Reg. 534 (Final)
15200 Transitional Medicaid................................ ...... 
................................................... ... 6 DE Reg. 29 (Prop.)
6 DE Reg. 344 (Final)
15503 Screening 
Requirement............................................................................................... 
... 6 DE Reg. 534 (Final)
15505 Uninsured 
Requirement.............................................................................................. 
... 6 DE Reg. 535 (Final)
16110 Adult Expansion 
Population....................................................................................... 
... 6 DE Reg. 535 (Final)
16210 Limitations on Retroactive 
Coverage......................................................................... 
... 6 DE Reg. 535 (Final)
16220.5 Enrollment in Managed Care-Special Requirement for Adult Expansion 
Population6 DE Reg. 535 (Final)
16310.3 Adults... 
.............................................................................................................. 
...6 DE Reg. 536 (Final)
16500.2 Procedures for Determining 
Eligibility.................................................................... 
...6 DE Reg. 536 (Final)
18200.2 Uninsured 
Requirement........................................................................................... 
...6 DE Reg. 536 (Final)
25000 Children’s Community Alternative Disability Program 
(CCADP)............................ ... 6 DE Reg. 536 (Prop.)
Delaware State Plan for 
TANF............................................................................................... 
... 6 DE Reg. 525 (Final)
6 DE Reg. 442 (Prop.)
Title XIX Medicaid State Plan, Transportation as an Administrative 
Expense...................... ... 6 DE Reg. 335 (Final)
6 DE Reg. 437 (Prop.)
DEPARTMENT OF INSURANCE
Regulation 41, Medicare Supplement Insurance Minimum 
Standards.................................. ... 6 DE Reg. 437 (Prop.)
DEPARTMENT OF JUSTICE
DELAWARE SECURITIES ACT
600 Registration of 
Broker-Dealers....................................................................................... 
... 6 DE Reg. 461 (Prop.)
601 Registration of Broker-Dealer 
Agents............................................................................ 
... 6 DE Reg. 461 (Prop.)
608 Registration Exemption for Certain Canadian 
Broker-Dealers...................................... ... 6 DE Reg. 463 (Prop.)
610 Examination 
Requirement.............................................................................................. 
... 6 DE Reg. 467 (Prop.)
700 Registration of Investment 
Advisors.............................................................................. 
... 6 DE Reg. 467 (Prop.)
DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
Division of Air & Waste Management
Waste Management Section
2002 Amendments to Delaware Regulations Governing Hazardous 
Waste.................... ... 6 DE Reg. 106 (Final)
Reg. No. 24, Section 10, Aerospace 
Coatings................................................................. ... 6 
DE Reg. 190 (Final)
Division of Fish & Wildlife
Shellfish Reg. S-63 Oyster Harvesting 
Seasons..................................................................... ... 
6 DE Reg. 399 (Emer)
Tidal Finfish Reg. No. 23, Black Sea Bass Size Limit; Trip Limits; Seasons; 
Quotas.......... ... 6 DE Reg. 35 (Prop.)
6 DE Reg. 348 (Final)
Tidal Finfish Reg. No.24, Fish Pot 
Requirements.................................................................. 
... 6 DE Reg. 35 (Prop.)
6 DE Reg. 350 (Final)
Wildlife & Non-Tidal Fishing Regulations
WR-2 Method of 
Take.................................................................................................... 
... 6 DE Reg. 162 (Prop.)
6 DE Reg. 536 (Final)
WR-3 Federal Laws & Regulations 
Adopted................................................................. ... 6 
DE Reg. 162 (Prop.)
6 DE Reg. 537 (Final)
WR-4 Seasons 
.............................................................................................................. 
... 6 DE Reg. 163 (Prop.)
6 DE Reg. 537 (Final)
WR-7 Deer.. 
.............................................................................................................. 
... 6 DE Reg. 163 (Prop.)
6 DE Reg. 538 (Final)
WR-14 Falconry 
............................................................................................................ 
... 6 DE Reg. 164 (Prop.)
6 DE Reg. 538 (Final)
WR-15 Collection or Sale of Nongame 
Wildlife............................................................ ... 6 DE 
Reg. 164 (Prop.)
6 DE Reg. 539 (Final)
WR-16 Endangered 
Species........................................................................................... 
... 6 DE Reg. 165 (Prop.)
6 DE Reg. 539 (Final)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
CUMULATIVE TABLES 569
WR-17 Species of Special 
Concern................................................................................ 
... 6 DE Reg. 165 (Prop.)
6 DE Reg. 539 (Final)
Division of Water Resources
Delaware Regulations Governing the Control of Water 
Pollution......................................... ... 6 DE Reg. 474 (Prop.)
Total Maximum Dail Load (TDML) for Nutrients in the Appoquinimink 
Watershed........... ... 6 DE Reg. 350 (Final)
Regulations for Licensing Water Well Contractors, Pump Installer Contractors, 
Well
Drillers, Well Drivers, and Pump 
Installers.............................................................. ... 6 
DE Reg. 165 (Prop.)
Shellfish Sanitation 
Regulations............................................................................................. 
... 6 DE Reg. 36 (Prop.)
............. 
.............................................................................................................. 
... 6 DE Reg. 350 (Final)
DEPARTMENT OF PUBLIC SAFETY
Division of State Police
Nonconsensual Towing 
Regulations....................................................................................... 
... 6 DE Reg. 206 (Final)
DEPARTMENT OF STATE
Division of Historical & Cultural Affairs
Historic Preservation Tax Credit 
Program.............................................................................. 
... 6 DE Reg. 108 (Final)
DEPARTENT OF TRANSPORTATION
Statewide Long Range Transportation 
Plan................................................................................... 
... 6 DE Reg. 38 (Prop.)
6 DE Reg. 353 (Final)
EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Co-Op Advertising 
Program................................................................................................... 
... 6 DE Reg. 174 (Prop.)
6 DE Reg. 212 (Final)
Direct Grants 
Program............................................................................................................ 
... 6 DE Reg. 176 (Prop.)
Matching Grants 
Program....................................................................................................... 
... 6 DE Reg. 178 (Prop.)
GOVERNOR’S OFFICE
Appointments...... 
.............................................................................................................. 
... 6 DE Reg. 214
6 DE Reg. 540
STATE EMPLOYEE BENEFITS COMMITTEE
Group Health Care Insurance, Proposed Revisions to Eligibility and Coverage 
Rules................ ... 6 DE Reg. 180 (Prop.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
570 ERRATA
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 107 (31 Del.C. §107)
PLEASE NOTE: THE OCTOBER 2002 ISSUE OF THE
REGISTER OMITTED THE CHECK BOXES FROM SECTIONS B
AND E OF THE NON-EMERGENCY TRANSPORTATION COPAY
POLICY ON PAGE 438. THE REGULATION IS BEING
REPRODUCED HERE WITH THE CORRECT SYMBOLS.
Revision: CMS-PM-85-14(BERC)
ATTACHMENT 4.18-A
SEPTEMBER 1985
Page 1
OMB NO.: 093-0193
STATE PLAN UNDER TITLE XIX OF THE SOCIAL
SECURITY ACT
STATE: DELAWARE
A. The following charges are imposed on the categorically
needy for services other than those provided under section
1905 (1) through (5) and (7) of the Act:
Revision: CMS-PM-85-14(BERC)
ATTACHMENT 4.18-A
SEPTEMBER 1985
Page 2
OMB NO.: 093-0193
STATE PLAN UNDER TITLE XIX OF THE SOCIAL
SECURITY ACT
STATE: DELAWARE
B. The method used to collect cost sharing charges for
categorically needy individuals:
. Providers are responsible for collecting the cost
sharing charges from individuals.
The agency reimburses providers the full Medicaid
rate for services and collects the cost sharing charges from
individuals.
C. The basis for determining whether an individual is
unable to pay the charge, and the means by which such an
individual is identified to providers, is described below:
Non-Emergency Transportation (NET) is provided as an
administrative activity under the State Plan. The State's
position is that as an administrative activity, NET co-pay
requirements are not subject to 42 CFR 447.53(b),
exclusions from cost-sharing.
The Transportation Broker or Transportation Provider
will, based on information available to them, make a
determination of the client's ability to pay the co-pay. Nonpayment
of this standard cost-sharing amount may result in
denial of the service at the Transportation Broker’s or
Transportation Provider’s discretion. Providers may
voluntarily provide transportation to client who cannot pay
the co-pay amount, however the State will not reimburse the
Transportation Broker or the Transportation Provider any
co-payment amounts for which the client is or would have
been liable. Further, the Transportation Broker or
Transportation Provider have complete discretion as to
whether they will pursue any unpaid co-pay amounts from
clients who were provided non-emergency transportation but
failed to reimburse the Transportation Provider the required
co-pay fee at the time of the service. The State will not
pursue unpaid co-pay amounts from clients.
Revision: CMS-PM-85-14(BERC)
ATTACHMENT 4.18-A
SEPTEMBER 1985
Page 3
OMB NO.: 093-0193
STATE PLAN UNDER TITLE XIX OF THE SOCIAL
SECURITY ACT
STATE: DELAWARE
D. The procedures for implementing and enforcing the
exclusions from cost sharing contained in 42 CFR 447.53 (b)
are described below:
The Transportation Broker or Transportation Provider
have been informed about: applicable service and amount;
and, prohibition of service denial if client is unable to meet
the co-pay amount.
E. Cumulative maximums on charges:
. State policy does not provide maximums.
Cumulative maximums have been established
as described below:
Service
Type of Charge
Amount and
Basis for
Determination Deductible Coinsurance Copayment
Non-
Emergency
Medical
Transportation
-0- -0- $1.00 per oneway
trip
This co-pay is
effective
October 1, 2002
and is based on
the ranges
specified in 42
CFR 447.54 and
447.55.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 571
Symbol Key
Roman type indicates the text existing prior to the regulation being 
promulgated. Underlined text indicates new text.
Language which is stricken through indicates text being deleted.
Proposed Regulations
Under 29 Del.C. §10115 whenever an agency proposes to formulate, adopt, amend or 
repeal a regulation, it shall file
notice and full text of such proposals, together with copies of the existing 
regulation being adopted, amended or repealed, with
the Registrar for publication in the Register of Regulations pursuant to §1134 
of this title. The notice shall describe the nat ure
of the proceedings including a brief synopsis of the subject, substance, issues, 
possible terms of the agency action, a reference
to the legal authority of the agency to act, and reference to any other 
regulations that may be impacted or affected by the
proposal, and shall state the manner in which persons may present their views; 
if in writing, of the place to which and the final
date by which such views may be submitted; or if at a public hearing, the date, 
time and place of the hearing. If a public
hearing is to be held, such public hearing shall not be scheduled less than 20 
days following publication of notice of the
proposal in the Register of Regulations. If a public hearing will be held on the 
proposal, notice of the time, date, place and a
summary of the nature of the proposal shall also be published in at least 2 
Delaware newspapers of general circulation; The
notice shall also be mailed to all persons who have made timely written requests 
of the agency for advance notice of its
regulation-making proceedings.
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF PLUMBING EXAMINERS
18 DE Admin. Code 1800
Statutory Authority: 24 Delaware Code
Section 1805(2) (24 Del.C. §1805(2))
The Delaware Board of Plumbing Examiners in
accordance with 24 Del.C. §1805(2) has proposed
comprehensive changes to its rules and regulations. The
changes implement the recommendations of the Joint Sunset
Committee. The changes eliminate provisions that repeat the
statute or exceed the statutory authority. The Council
proposes a new definition of "Direct Supervision" in 3.1.2.
The pre-examination application procedure is clarified. The
reciprocity rule in 5.1 has been modified to indicate the
standards for licensure in the licensee’s state must be
"equivalent to" and not the "same as" the standards in
Delaware. Disciplinary proceedings are described by
reference to the statute. The web address is included for
convenient access to forms and information.
A public hearing will be held at 9:00 a.m. on December
3, 2002 in the second floor conference room A 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
Plumbing Examiners, 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.
1.0 General Provisions
2.0 Practice and Procedure
3.0 Pre-examination Requirements for Licensure
4.0 Examination and Licensure
5.0 Licensure by Reciprocity
6.0 Disciplinary Proceedings
7.0 Voluntary Treatment Option for Chemically Dependent
or Impaired Professionals
1.0 General Provisions.
1.1 Legislative authority. These Rules and Regulations
are adopted by the Delaware Board of Plumbing Examiners
(hereinafter "the Board") by authority of 24 Del.C. Ch. 18,
and the Administrative Procedures Act, 29 Del.C. Ch. 101.
1.2 Applicability. These Rules and Regulations shall
govern proceedings before the Board to the extent they are
consistent with governing law and except that the Board may
waive application of particular Rules and Regulations where
the Board concludes, on the vote of a majority of a quorum
of the Board, that application of the Rules and Regulations
would result in substantial, manifest injustice. Statutory
reference: 29 Del.C. §10111 (2); 24 Del.C. §1805(2).
1.3 Officers. The Board will conduct election of
officers for the offices of Chairperson, Vice-Chairperson and
Secretary in May of each year. In the event of a resignation,
termination or departure of one of the officers, a replacement
shall be elected at the next Board meeting or at a meeting
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
572 PROPOSED REGULATIONS
called for that purpose. Statutory reference: 24 Del.C.
§1804(a).
1.4 Meetings. The Board shall, meet as often as
necessary to transact the regular business of the Board and in
any event, shall meet at least once each calendar quarter.
Statutory reference: 24 Del.C. §1804(b).
1.5 Contact person. Information about the Board and its
practices can be obtained by contacting the Division of
Professional Regulation, Cannon Building, 861 Silver Lake
Blvd., Ste. 203, Dover, Delaware 19904-2467, telephone
302-739-4522 and
http://www.professionallicensing.state.de.us/boards/
plumbers/index.shtml
Statutory reference: 29 Del.C. § 10111(1).
2.0 Practice and Procedure.
2.1 Open meetings. All meetings of the Board, or any
advisory or subcommittee, will be conducted in compliance
with the Freedom of Information Act, 29 Del.C. Ch. 100.
Statutory reference: 24 Del.C. §1812.
2.2 Disciplinary hearings. The procedural rules for
disciplinary proceedings before the Board are outlined in
6.0. Statutory reference: 29 Del.C. §10111(2).
2.3 Advisory and subcommittees. The Board may
appoint such advisory and subcommittees from time to time
to assist in the performance of its duties as the Board deems
necessary. Statutory reference. 29 Del.C. §10111(1).
3.0 Pre-examination Requirements for Licensure.
3.1 Definitions. The following definitions shall apply
for purposes of this section:
3.1.1 "Performed plumbing services" means
practical, hands-on experience working with tools in the
installation, maintenance, extension, alteration, repair and
removal of all piping, plumbing fixtures, plumbing
appliances and plumbing apparatus. It does not include time
spent in supervising, engineering, estimating and other
managerial tasks, nor time spent in working with an entity
authorized to perform plumbing services, but on menial
tasks or on tasks which do not constitute the practice of
plumbing, such as sewer cleaning. Statutory Reference: 24
Del.C. §1806(a)
3.1.2 "Supervision" means plumbing services
performed while employed by a licensed plumber, or by the
same firm, partnership, corporation, or owners of the
company as the licensed plumber, and performed under that
plumber's license. "Direct supervision" shall mean control
and oversight by a licensed plumber who is an owner or fulltime
employee of the entity providing plumbing services.
The supervising licensed plumber shall be deemed to be
responsible and accountable for the work performed.
Statutory reference: 24 Del.C. §1806(a) and §1813(b).
3.2 Pre-examination requirements. In order to sit for the
examination, an applicant must complete and return an
application form to the Board's office, showing that the
applicant has 2 years of verified experience under the
supervision of a licensed plumber after having received a
Journeyman’s Certificate in an apprenticeship program that
meets or exceeds the Federal Bureau of Apprenticeship and
Training Standard. Alternatively, the applicant can show 7
years of verified experience under the supervision of a
licensed plumber if the applicant has successfully completed
the series of state-approved tests offered in the Delaware
technical high schools or other apprenticeship school.
completed either the Journeyman's program or the
Apprenticeship program, as follows:
3.2.1 Journeyman's program. The applicant
must have received a Journeyman's certificate issued by a
plumbing apprenticeship program which at least meets the
Federal Bureau of Apprenticeship and Training Standards
and have performed plumbing services for at least two (2)
years under the supervision of a licensed plumber after
obtaining the Journeyman's Certificate.
3.2.2 Apprenticeship program. The applicant
must have completed a state-approved series of tests offered
by Delaware apprenticeship schools and have performed
plumbing services for at least seven (7) years under the
supervision of a licensed plumber. Except upon a showing of
exceptional hardship, the applicant's seven (7) years of
supervised experience must have been completed within
fifteen (15) years of his or her application for licensure.
Statutory reference: 24 Del.C. §1806(a).
3.3 Supporting documentation. The application must be
accompanied by the necessary fees and proof of completion
of either the Journeyman's course or the Apprenticeship
course, in the form of scaled or conformed copies of the
Journeyman's Certificate or a certified transcript or other
reliable documents evidencing successful completion of the
apprenticeship tests and employer(s) affidavit(s) verifying
the required supervised experience. The applicant shall
present a copy of the Journeyman certificate or,
alternatively, proof of passing the series of state-approved
tests offered in the Delaware technical high schools or other
apprenticeship school. Verification of the required
experience shall be by affidavit of the supervising licensed
plumber on the form approved by the Board. If the
applicant is unable to obtain an affidavit from the
supervising licensed plumber, the tax form W-2 or the
affidavit of the employer or officer of the employing
company may be submitted as proof of experience at the
discretion of the Board. The application must be
accompanied by the necessary fees and proof of completion
of either the Journeyman’s course or the Apprenticeshop
course, in the form of sealed or conformed copies of the
Journeyman’s Certificate or a certified transcript or other
reliable documents evidencing successful completion of the
apprenticeship tests and employer(s) affidavit(s) verifying
the required supervised experience. Statutory Reference: 24
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 573
Del.C. §1806(b).
3.4 Disciplinary record. An applicant must also certify
to the Board that he or she has not engaged in any of the acts
that would be grounds for discipline of a licensee of the State
of Delaware and that he or she does not have any
disciplinary proceedings or unresolved complaints pending
against him or her in any jurisdiction where he or she has
previously been or currently is licensed, or certified as a
plumber. An applicant currently or previously licensed or
certified in another jurisdiction shall provide the Board with
certified statements from all other such jurisdictions
verifying their disciplinary and complaint records. Statutory
Reference: 24 Del.C. §1806(c).
3.5 Complete application. An application to sit for the
examination is not considered complete until the Division of
Professional Regulation has received the application form,
all supporting documents (including verifications of
disciplinary record) and all fees required by this section.
Statutory Reference: 24 Del.C. §1806(b).
4.0 Examination and Licensure.
4.1 Applications. A person wishing to be licensed as a
plumber shall complete the application form designated by
the Board and submit it to the Division of Professional
Regulation along with any required supporting documents
and the appropriate fees. Statutory reference: 24 Del. C.
§1806(b).
4.2 Examination. The Board designates the NAIBLOCK
Plumbing Examination as the required examination
for licensure in Delaware. The examination will be offered
four (4) times per year. No person shall be permitted to sit
for the examination until they have he or she has completed
the Pre-examination Requirements of Rule 3.0 and received
the Board's approval to take the examination. An applicant
shall take the examination within two (2) regularly
scheduled examination periods of receiving the Board's
approval to sit for examination. Applicants who do not take
the examination within two (2) regularly scheduled
examination periods must reapply to the Board for licensure.
Statutory Reference: 24 Del.C. §1805(3), (4).
4.3 Passing Score. The passing score on the
examination shall be 70%. Statutory Reference: 24 Del.C.
§1805(3).
4.4 Reexamination. Applicants who do not earn a
passing score on the examination may retake the
examination two additional times, at its next regularly
scheduled administrations, without Board approval. An
applicant who does not earn a passing score after taking the
examination a total of three (3) times may reapply to the
Board after is not eligible for licensure until one (1) year has
passed from the date he or she last took the examination.
Such an applicant must reapply to the Board for licensure.
Statutory Reference: 24 Del.C. §1805(4) §1806(d).
4.5 Licensure. A plumbing license shall be issued to
each applicant who achieves a passing score on the
examination, meets the education, experience and
disciplinary record requirements of 24 Del.C. §1806 and
Rule 3.0 of these Rules and Regulations and pays the
appropriate fees for licensure. Statutory Reference: 24
Del.C. §1805(6).
5.0 Licensure by Reciprocity.
5.1 Applicability. This section shall apply to any
applicant seeking licensure through reciprocity from his or
her current licensure in another State. Statutory Reference:
24 Del.C. §1807.
5.2 Applications. A person wishing to be licensed as a
plumber through reciprocity shall complete the application
form designated by the Board and submit it to the Division
of Professional Regulation along with any required
supporting documents and the appropriate fees. An
application for licensure by reciprocity is not considered
complete until the Division of Professional Regulation has
received the application form, all supporting documents and
all fees required by this section. Statutory Reference: 24
Del.C. §1807.
5.3 Disciplinary record. An applicant under this section
must certify to the Board that he or she has not engaged in
any of the acts that would be grounds for discipline of a
licensee of this State and that he or she does not have any
disciplinary proceedings or unresolved complaints pending
against him or her in any state or jurisdiction where he or she
has previously been or currently is licensed or certified as a
plumber. An applicant currently or previously licensed or
certified in another state or jurisdiction shall provide the
Board with certified statements from each of those states and
jurisdictions verifying their disciplinary and complaint
records and confirming that the applicant is currently
licensed in the State through which he or she seeks
reciprocity. Statutory Reference: 24 Del.C. §1807.
5.4 5.1 Equivalency. An applicant under this section
must demonstrate that the standards for licensure of the State
through which the applicant seeks reciprocity are the same as
equivalent to those under 24 Del.C. §1806 and Rules 3.0
and 4.0 of these Rules and Regulations. Specifically, the law
of the other State must require:
5.4.1 a passing score on an examination
prepared by a recognized testing service; and
5.4.2 education or experience, or a combination
of education and experience, at least equal to that required
by Rule 3.2. Statutory Reference: 24 Del.C. §1807.
5.5 Reciprocity licensure. A plumbing license shall be
issued to each reciprocity applicant who meets the
requirements of 24 Del.C. §1807 and this section, and pays
the appropriate fees for licensure. Statutory Reference: 24
Del.C. §1805(6).
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
574 PROPOSED REGULATIONS
6.0 Disciplinary Proceedings.
6.1 The statutory Grounds for Discipline and the
Disciplinary Sanctions can be found 24 Del.C. §1810 and
§1811 respectively.
Hearing Procedures. All disciplinary hearings will be
conducted in accordance with the Administrative Procedures
Act, 29 Del.C. Ch. 101. Statutory reference: 24 Del.C.
§1805(8).
6.2 Continuances. Requests for a continuance of a
scheduled disciplinary proceeding shall be submitted to the
Board in writing at least five (5) days before the date of the
hearing. Requests submitted less than five (5) days before
the date of the hearing will be granted only on a showing of
unforeseeable emergency. Except on a showing of
exceptional circumstances, no party shall be allowed more
than one (1) continuance of any proceeding scheduled before
the Board. Statutory Reference: 29 Del.C. §10111(2).
6.3 Consent Agreements. Parties to a disciplinary
proceeding shall be excused from attending the scheduled
hearing provided that they are not otherwise under subpoena
and provided that a complete, fully executed consent
agreement or like document is submitted to the Board at least
five (5) days before the date of the hearing. In the event that
the Board does not approve the consent agreement, the
parties shall be notified and the matter rescheduled for
hearing. Statutory Reference: 29 Del.C. §10111(2).
6.4 Standards of Conduct. Examples of illegal,
incompetent or negligent conduct shall include, but are not
limited to, the following:
Violating any provision of the State Plumbing Code
as adopted by the Department of Health and Social Services,
including, but in no way limited to, providing plumbing
services without a permit where a permit is required.
Performing plumbing services outside the scope of
the licensee's expertise.
Falsifying records and other acts of consumer fraud.
Physically abusing or assaulting customers or theft
or wilful destruction of a customer's property.
Improper or inadequate supervision of Journeymen
or Apprentices.
Using alcohol or illegal drugs on the job.
Allowing another to use your license.
Knowingly helping another to violate or avoid the
applicable licensing laws or State Plumbing Code.
Failing to report unprofessional or negligent
conduct of other licensees which seriously impairs their
ability to safely perform plumbing services or poses a
substantial threat of harm to the public. Statutory Reference:
24 Del.C. §1810(a)(2).
7.0 Voluntary Treatment Option for Chemically
Dependent or Impaired Professionals
7.1 If the report a written report, signed by a
complainant, alleging that a licensee may be chemically
dependent or impaired is received by the chairperson of the
regulatory Board, that chairperson shall immediately notify
the Director of Professional Regulation or his/her designate
of the report. If the Director of Professional Regulation
receives the report, he/she shall immediately notify the
chairperson of the regulatory Board, or that chairperson's
designate or designates.
7.2 The chairperson of the regulatory Board or that
chairperson's designate or designates shall, within 7 days of
receipt of the report, contact the individual in question and
inform him/her in writing of the report, provide the
individual written information describing the Voluntary
Treatment Option, and give him/her the opportunity to enter
the Voluntary Treatment Option.
7.3 In order for the individual to participate in the
Voluntary Treatment Option, he/she shall agree to submit to
a voluntary drug and alcohol screening and evaluation at a
specified laboratory or health care facility. This initial
evaluation and screen shall take place within 30 days
following notification to the professional by the participating
Board chairperson or that chairperson's designate(s).
7.4 A regulated professional with chemical dependency
or impairment due to addiction to drugs or alcohol may enter
into the Voluntary Treatment Option and continue to
practice, subject to any limitations on practice the
participating Board chairperson or that chairperson's
designate or designates or the Director of the Division of
Professional Regulation or his/her designate may, in
consultation with the treating professional, deem necessary,
only if such action will not endanger the public health,
welfare or safety, and the regulated professional enters into
an agreement with the Director of Professional Regulation or
his/her designate and the chairperson of the participating
Board or that chairperson's designate for a treatment plan
and progresses satisfactorily in such treatment program and
complies with all terms of that agreement. Treatment
programs may be operated by professional Committees and
Associations or other similar professional groups with the
approval of the Director of Professional Regulation and the
chairperson of the participating Board.
7.5 Failure to cooperate fully with the participating
Board chairperson or that chairperson's designate or
designates or the Director of the Division of Professional
Regulation or his/her designate in regard to the Voluntary
Treatment Option or to comply with their requests for
evaluations and screens may disqualify the regulated
professional from the provisions of the Voluntary Treatment
Option, and the participating Board chairperson or that
chairperson's designate or designates shall cause to be
activated an immediate investigation and institution of
disciplinary proceedings, if appropriate, as outlined in
subsection (h) of this section.
7.6 The Voluntary Treatment Option may require a
regulated professional to enter into an agreement which
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 575
includes, but is not limited to, the following provisions:
7.6.1 Entry of the regulated professional into a
treatment program approved by the participating Board.
Board approval shall not require that the regulated
professional be identified to the Board. Treatment and
evaluation functions must be performed by separate agencies
to assure an unbiased assessment of the regulated
professional's progress.
7.6.2 Consent to the treating professional of the
approved treatment program to report on the progress of the
regulated professional to the chairperson of the participating
Board or to that chairperson's designate or designates or to
the Director of the Division of Professional Regulation or
his/her designate at such intervals as required by the
chairperson of the participating Board or that chairperson's
designate or designates or the Director of the Division of
Professional Regulation or his/her designate, and such
person making such report will not be liable when such
reports are made in good faith and without malice.
7.6.3 Consent of the regulated professional, in
accordance with applicable law, to the release of any
treatment information from anyone within the approved
treatment program.
7.6.4 Agreement by the regulated professional
to be personally responsible for all costs and charges
associated with the Voluntary Treatment Option and
treatment program(s). In addition, the Division of
Professional Regulation may assess a fee to be paid by the
regulated professional to cover administrative costs
associated with the Voluntary Treatment Option. The
amount of the fee imposed under this subparagraph shall
approximate and reasonably reflect the costs necessary to
defray the expenses of the participating Board, as well as the
proportional expenses incurred by the Division of
Professional Regulation in its services on behalf of the Board
in addition to the administrative costs associated with the
Voluntary Treatment Option.
7.6.5 Agreement by the regulated professional
that failure to satisfactorily progress in such treatment
program shall be reported to the participating Board's
chairperson or his/her designate or designates or to the
Director of the Division of Professional Regulation or his/
her designate by the treating professional who shall be
immune from any liability for such reporting made in good
faith and without malice.
7.6.6 Compliance by the regulated professional
with any terms or restrictions placed on professional practice
as outlined in the agreement under the Voluntary Treatment
Option.
7.7 The regulated professional's records of participation
in the Voluntary Treatment Option will not reflect
disciplinary action and shall not be considered public records
open to public inspection. However, the participating Board
may consider such records in setting a disciplinary sanction
in any future matter in which the regulated professional's
chemical dependency or impairment is an issue.
7.8 The participating Board's chairperson, his/her
designate or designates or the Director of the Division of
Professional Regulation or his/her designate may, in
consultation with the treating professional at any time during
the Voluntary Treatment Option, restrict the practice of a
chemically dependent or impaired professional if such action
is deemed necessary to protect the public health, welfare or
safety.
7.9 If practice is restricted, the regulated professional
may apply for unrestricted licensure upon completion of the
program.
7.10 Failure to enter into such agreement or to
comply with the terms and make satisfactory progress in the
treatment program shall disqualify the regulated professional
from the provisions of the Voluntary Treatment Option, and
the participating Board shall be notified and cause to be
activated an immediate investigation and disciplinary
proceedings as appropriate.
7.11 Any person who reports pursuant to this
section in good faith and without malice shall be immune
from any civil, criminal or disciplinary liability arising from
such reports, and shall have his/her confidentiality protected
if the matter is handled in a non disciplinary matter.
7.12 Any regulated professional who complies with
all of the terms and completes the Voluntary Treatment
Option shall have his/her confidentiality protected unless
otherwise specified in a participating Board's rules and
regulations. In such an instance, the written agreement with
the regulated professional shall include the potential for
disclosure and specify those to whom such information may
be disclosed.
DIVISION OF PROFESSIONAL REGULATION
BOARD OF VETERINARY MEDICINE
24 DE Admin. Code 3300
Statutory Authority: 24 Delaware Code
Section 3306(a)(1) (24 Del.C. §3306(a)(1))
PLEASE TAKE NOTICE, that pursuant to 29 Del.C.
Chapter 101 and 24 Del.C. Section 3306(a)(1), the Delaware
State Board of Veterinary Medicine proposes to add to its
rules and regulations. The proposed addition concerns
advertising and provision of emergency services. The
proposed addition seeks to define unprofessional conduct for
a veterinarian as advertising an emergency hospital or clinic
or emergency services without including in the
advertisement the hours during which such emergency
services are provided and the availability of the veterinarian
who is to provide the emergency services, or failing to
provide such services during the hours advertised. The
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
576 PROPOSED REGULATIONS
availability of the veterinarian who is to provide emergency
service shall be specified as either "veterinarian on
premises" or "veterinarian on call." The phrase
"veterinarian on call" shall mean that a veterinarian is not
present at the hospital, but is able to respond within a
reasonable time to requests for emergency services and has
been designated to so respond. prescribing medication
without examining the animal(s) within a period of a year.
The proposed regulation serves to implement or clarify
Section 3313(a)(1) of 24 Del. C. Chapter 33.
A public hearing will be held on the proposed Rules and
Regulations on Tuesday, December 17, 2002 at 1:00 p.m., in
the Second Floor Conference Room A of the Cannon
Building, 861 Silver Lake Boulevard, Dover, Delaware,
19904. The Board will receive and consider input in writing
from any person on the proposed Rules and Regulations.
Any written comments should be submitted to the Board in
care of Susan Miccio 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 notify Susan Miccio at the above
address by calling (302) 744-4506.
This notice will be published in two newspapers of
general circulation not less than twenty (20) days prior to the
date of the hearing.
1.0 Direct Supervision
2.0 Unprofessional Conduct
3.0 Privileged Communications
4.0 Veterinary Premises and Equipment
5.0 Qualification for Licensure by Examination as a
Veterinarian
6.0 Character of Examination - North American
Veterinary Licensing Examination (NAVLE)
7.0 Reciprocity
8.0 Licensure - Renewal
9.0 Continuing Education
10.0 Voluntary Treatment Option
1.0 DIRECT SUPERVISION (24 Del.C. § 3303(10))
1.1 Direct Supervision - refers to the oversight of any
person performing support activities (support personnel) by
a licensed Delaware veterinarian. Oversight includes control
over the work schedule of the person performing support
activities and any remuneration the person receives for
performing such activities. Oversight does not include
remuneration paid directly to support personnel by the
public. The constant physical presence of the licensed
veterinarian on the premises is not required, however, if the
licensed veterinarian is accessible to support personnel by
electronic means or has arranged for another supervising
licensed veterinarian to be accessible by electronic means.
All acts by support personnel not prohibited by Rule 1.2
which constitute the practice of veterinary medicine under
24 Del.C. § 3302 (6) must be performed under direct
supervision. Direct supervision of support personnel also
includes:
1.1.1 The initial examination of the animal by
the veterinarian prior to the delegation of work to be
performed by support personnel. The veterinarian may,
however, authorize support personnel to administer
emergency measures prior to the initial examination.
1.1.2 The development of a treatment plan by
the veterinarian that shall be referenced by support
personnel.
1.1.3 The authorization by the veterinarian of
the work to be performed by support personnel.
1.2 At no time may support personnel perform the
following activities (24 Del. C. § 3303(10)):
1.2.1 Diagnosing.
1.2.2 Prescribing.
1.2.3 Inducing Anesthesia.
1.2.4 Performing Surgery.
1.2.5 Administration of RabiesVaccinations.
1.2.6 Operative dentistry and oral surgery.
1.2.7 Centesis of body structures (not to include
venipuncture and cystocentesis) in other than emergency
situations.
1.2.8 The placement of tubes into closed body
structures, such as chest tubes, in other than emergency
situations (not to include urinary or IV catheters).
1.2.9 Splinting or casting of broken bones in
other than emergency situations.
1.2.10 Euthanasia.
1.2.11 Issue health certificates.
1.2.12 Perform brucellosis, equine infectious
anemia and tuberculosis tests and other tests which are
regulated by federal and state guidelines.
See 6 DE Reg. 273 (9/1/02)
2.0 UNPROFESSIONAL CONDUCT (24 Del.C. §
3313(a)(1))
2.1 Unprofessional conduct in the practice of
veterinary medicine shall include, but not be limited to, the
following;
2.1.1 Allowing support personnel to perform the
acts forbidden under Section 1.2 of the Rules and
Regulations.
2.1.2 Allowing support personnel to perform
tasks without the required direct supervision as specified in
Section 1.1 of the Rules & Regulations.
2.1.3 Representation of conflicting interests
except by express consent of all concerned. A licensee
represents conflicting interests if while employed by a buyer
to inspect an animal for soundness he or she accepts a fee
from the seller. Acceptance of a fee from both the buyer and
the seller is prima facie evidence of fraud.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 577
2.1.4 Use by a veterinarian of any certificate,
college degree, license, or title to which he or she is not
entitled.
2.1.5 Intentionally performing or prescribing
treatment, which the veterinarian knows to be unnecessary,
for financial gain.
2.1.6 Placement of professional knowledge,
attainments, or services at the disposal of a lay body,
organization or group for the purpose of encouraging
unqualified groups or individuals to perform surgery upon
animals or to otherwise practice veterinary medicine on
animals that they do not own.
2.1.7 Destruction of any part of a patient's
records before a minimum of three (3) years have elapsed
from the last entry in the medical record shall be considered
unprofessional conduct. Records are to include, but are not
limited to, information such as written or electronic
documentation, rabies records, radiographs, ultrasounds,
laboratory, and histopathological/ results.
2.1.8 Cruelty to animals. Cruelty to animals
includes, but is not limited to, any definition of cruelty to
animals under 11 Del.C. § 1325.
2.1.8 Cruelty to animals. Cruelty to animals
includes, but is not limited to, any definition of cruelty to
animals under 11 Del. C. § 1325.
2.1.8.1 Animal housing (such as cages,
shelters, pens and runs) should be designed with maintaining
the animal in a state of relative thermal neutrality, avoiding
unnecessary physical restraint, and providing convenient
access to appropriate food and water. If animals are group
housed, they should be maintained in compatible groups
without overcrowding.
2.1.8.2 Housing should be kept in good repair
to prevent injury to the animal.
2.1.8.3 Failure to take precautions to prevent
the spread of communicable diseases in housing animals.
2.1.9 Leaving an animal during the maintenance
stage of anesthesia.
2.1.10 Improper labeling of prescription drugs.
The package or label must contain:
2.1.10.1 Name, strength, and quantity of the
drug;
2.1.10.2 Usage directions.
2.1.11 Failure to make childproof packaging
available for prescription drugs upon the request of a client.
2.1.12 Misrepresenting continuing education
hours to the Board.
2.1.13 Failure to obey a disciplinary order of the
Board.
2.1.14 Prescribing medication without examining
the animal(s) within a period of one year.
2.1.15 Advertising an emergency hospital or
clinic or emergency services without including in the
advertisement the hours during which such emergency
services are provided and the availability of the veterinarian
who is to provide the emergency services, or failing to
provide such services during the hours advertised. The
availability of the veterinarian who is to provide emergency
service shall be specified as either "veterinarian on
premises" or "veterinarian on call." The phrase
"veterinarian on call" shall mean that a veterinarian is not
present at the hospital, but is able to respond within a
reasonable time to requests for emergency services and has
been designated to so respond.
See 5 DE Reg. 1897 (4/1/02)
See 5 DE Reg. 1962 (5/1/02)
See 6 DE Reg. 273 (9/1/02)
3.0 PRIVILEGED COMMUNICATIONS (24 Del.C. §
3313(a)(7))
3.1 Privileged Communications. Veterinarians must
protect the personal privacy of patients and clients by not
willfully revealing privileged communications regarding the
diagnosis and treatment of an animal. The following are not
considered privileged communications:
3.1.1 The sharing of veterinary medical
information regarding the diagnosis and treatment of an
animal when required by law, subpoena, or court order or
when it becomes necessary to protect the health and welfare
of other individuals or animals.
3.1.2 The sharing of veterinary medical
information between veterinarians or facilities for the
purpose of diagnosis or treatment of animals.
3.1.3 The sharing of veterinary medical
information between veterinarians and peace officers,
humane society officers, or animal control officers who are
acting to protect the welfare of individuals or animals.
See 6 DE Reg. 273 (9/1/02)
4.0 VETERINARY PREMISES & EQUIPMENT (24
Del.C. § 3313 (9))
4.1 The animal facility shall be kept clean. A regular
schedule of sanitary maintenance is necessary, including the
elimination of wastes.
4.2 Animal rooms, corridors, storage areas, and other
parts of the animal facility shall be washed, scrubbed,
vacuumed, mopped, or swept as often as necessary, using
appropriate detergents and disinfectants to keep them free of
dirt, debris, and harmful contamination.
4.3 Animal cages, racks, and accessory equipment,
such as feeders and water utensils, shall be washed and
sanitized as often as necessary to keep them physically clean
and free from contamination. In addition, cages should
always be sanitized before new animals are placed in them.
Sanitizing may be accomplished either by washing all soiled
surfaces with a cleaning agent having an effective
bactericidal action or with live steam or the equivalent
thereof.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
578 PROPOSED REGULATIONS
4.4 Cages or pens from which animal waste is removed
by hosing or flushing shall be cleaned and suitably
disinfected one or more times daily. Animals should be
removed from cages during servicing in order to keep the
animals dry.
4.5 If litter or bedding such as paper is used in animal
cages or pens, it shall be changed as often as necessary to
keep the animals clean.
4.6 Waste disposal must be carried out in accordance
with good public health practice and federal and state
regulations. Waste materials should be removed regularly
and frequently so that storage of waste does not create a
nuisance.
4.7 Biomedical waste such as culture plates, tubes,
contaminated sponges, swabs, biologicals, needles, syringes,
and blades, must be disposed of according to federal and
state guidelines. Before disposing of blood soiled articles,
they shall be placed in a leak-proof disposable container
such as a plastic sack or a plastic-lined bag.
4.8 Proper refrigeration and sterilization equipment
should be available.
4.9 Adequate safety precautions must be used in
disposing animal carcasses and tissue specimens. An animal
carcass shall be disposed of promptly according to federal
and state law and regulations. If prompt disposal of an
animal carcass is not possible, it shall be contained in a
freezer or stored in a sanitary, non-offensive manner until
such time as it can be disposed. Livestock shall be disposed
of by any acceptable agricultural method.
4.10 The elimination or effective control of vermin
shall be mandatory.
See 6 DE Reg. 273 (9/1/02)
5.0 QUALIFICATION FOR LICENSURE BY
EXAMINATION AS A VETERINARIAN (24 Del.C. §
3307)
5.1 The applicant shall file the following documents:
5.1.1 Completed application form obtained from
the Board office. The application fee shall be set by the
Division of Professional Regulation. The check for the
application fee should be made payable to the State of
Delaware.
5.1.2 Official transcript from an AVMA
approved veterinary college or university or its equivalent
(Educational Commission for Foreign Veterinary
Graduates).
5.1.3 Letters of good standing from any other
jurisdictions in which the applicant is/or has been licensed.
5.1.4 North American Veterinary Licensing
Examination (NAVLE) score or both the official National
Board Examination (NBE) and Clinical Competency Test
(CCT) scores, unless the applicant meets the statutory
exemptions in 24 Del. C. § 3309.
5.1.5 Check or money order for the amount
established by the Division of Professional Regulation. The
license fee shall by set by the Division of Professional
Regulation. Fees should be made payable to the "State of
Delaware."
5.2 Only completed application forms will be accepted.
In the case of incomplete application forms, omissions will
be noted to the applicant. Any information provided to the
Board is subject to verification.
5.3 Applications for any licensure submitted by final
year veterinary students enrolled in an AVMA accredited
university for the purpose of taking the NAVLE exam will
be considered complete only upon proof of the applicant's
graduation. Such applicants must demonstrate probability of
graduation and will not be considered for any licensure until
proof of graduation is submitted to the Board.
See 6 DE Reg. 273 (9/1/02)
6.0 CHARACTER OF EXAMINATION - NORTH
AMERICAN VETERINARY LICENSING
EXAMINATION (NAVLE) (24 Del.C. § 3306)
6.1 Examination for licensure to practice veterinary
medicine in the State of Delaware shall consist of the North
American Veterinary Licensing Examination (NAVLE) after
November 2000 or its successor.
6.1.1 The passing score for the NAVLE shall be
the score as recommended by the National Board of
Veterinary Medical Examiners or its successor.
See 6 DE Reg. 273 (9/1/02)
7.0 RECIPROCITY (24 Del. C. § 3309)
Applications for licensure by reciprocity shall be the
same application used for licensure by examination and be
subject to the same application requirements set forth in 24
Del. C. § 3309.
See 6 DE Reg. 273 (9/1/02)
8.0 LICENSURE - RENEWAL (24 Del.C. § 3311)
8.1 All licenses are renewed biennially (every 2 years).
A licensee may have his/her license renewed by submitting a
renewal application to the Board by the renewal date and
upon payment of the renewal fee prescribed by the Division
of Professional Regulation along with evidence of
completion of continuing education requirements.
Continuing education requirements for renewal are specified
in Section 9.0. The failure of the Board to give, or the failure
of the licensee to receive, notice of the expiration date of a
license shall not prevent the license from becoming invalid
after its expiration date.
8.2 Any licensee who fails to renew his/her license by
the renewal date may still renew his/her license during the
one (1) year period immediately following the renewal date
provided the licensee pay a late fee established by the
Division of Professional Regulation in addition to the
established renewal fee and submitting the continuing
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 579
education requirements for renewal as specified in Section
9.0.
See 6 DE Reg. 273 (9/1/02)
9.0 CONTINUING EDUCATION (24 Del.C. § 3311(b))
9.1 Any veterinarian actively licensed to practice in the
State of Delaware shall meet the following continuing
education requirements to the satisfaction of the Board.
9.1.1 Twenty-four (24) hours of approved
certified continuing education credits must be completed for
the immediate two year period preceding each biennial
license renewal date.
9.1.2 The number of credit hours shall be
submitted to the Board with each biennial license renewal
application on the proper reporting form supplied by the
Board. The continuing education credit hours shall be
submitted to the Board no later than 60 days prior to the
biennial license renewal date. The Board may audit the
continuing education credit hours submitted by a licensee.
9.1.3 A veterinarian may apply to the Board in
writing for an extension of the period of time needed to
complete the continuing education requirement for good
cause such as illness, extended absence from the country, or
unique personal hardship which is not the result of
professional negligence.
9.2 Continuing Education Requirements for
Reinstatement of Lapsed License
9.2.1 Any veterinarian whose license to practice
in the State of Delaware has lapsed and who has applied for
reinstatement shall meet the following continuing education
requirements to the satisfaction of the Board.
9.2.1.1 Lapse of 12 to 24 months. Twentyfour
(24) hours of continuing education credits must be
completed. The 24 hours of continuing education credits
must have been completed within 2 years prior to the request
for reinstatement.
9.2.1.2 Lapse of over 24 months. Thirty-six
(36) hours of continuing education credits must be
completed. The 36 hours of continuing education credits
must have been completed within 4 years prior to the request
for reinstatement.
9.3 Continuing Education Requirements for
Reinstatement of Inactive License
9.3.1 Twenty-four (24) hours of continuing
education credits must be submitted for licensees on the
inactive roster who wish to remove their license from
inactive status. The 24 hours of continuing education credits
must have been completed within 2 years prior to the request
for removal from inactive status.
9.4 The Board may approve continuing education
courses or sponsors upon written application on Board
supplied forms. In addition, the Board may approve
continuing education courses or sponsors on its own motion.
9.5 The following organizations are approved for
formal continuing education activities.
9.5.1 AVMA.
9.5.2 AVMA accredited schools.
9.5.3 Federal/State/County Veterinary
Associations & USDA.
9.5.4 Compendium on Continuing Education for
the Practicing Veterinarian; NOAH; VIN.
9.5.5 Registry of Approved Continuing
Education (RACE) courses.
9.6 Accreditation by the Board of continuing education
courses will be based upon program content. Continuing
education courses shall be directed toward improvement,
advancement, and extension of professional skill and
knowledge relating to the practice of veterinary medicine.
9.6.1 University course work, subject to Board
approval.
9.6.2 Veterinary course work completed prior to
graduation may be approved for continuing education credit
for the first renewal period after graduation provided the
course work was completed no more that 2 1/2 years before
the renewal date.
9.6.3 Government Agencies.
9.6.4 Other forms of CE as long as and the
activity is approved by the Board.
9.7 The Board may at any time re-evaluate an
accredited course or sponsor and withdraw future approval
of a previously accredited continuing education course or
sponsor.
See 6 DE Reg. 273 (9/1/02)
10.0 VOLUNTARY TREATMENT OPTION
10.1 If the report is received by the chairperson of
the regulatory Board, that chairperson shall immediately
notify the Director of Professional Regulation or his/her
designate of the report. If the Director of Professional
Regulation receives the report, he/she shall immediately
notify the chairperson of the regulatory Board, or that
chairperson's designate or designates.
10.2 The chairperson of the regulatory Board or that
chairperson's designate or designates shall, within 7 days of
receipt of the report, contact the individual in question and
inform him/her in writing of the report, provide the
individual written information describing the Voluntary
Treatment Option, and give him/her the opportunity to enter
the Voluntary Treatment Option.
10.3 In order for the individual to participate in the
Voluntary Treatment Option, he/she shall agree to submit to
a voluntary drug and alcohol screening and evaluation at a
specified laboratory or health care facility. This initial
evaluation and screen shall take place within 30 days
following notification to the professional by the participating
Board chairperson or that chairperson's designate(s).
10.4 A regulated professional with chemical
dependency or impairment due to addiction to drugs or
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
580 PROPOSED REGULATIONS
alcohol may enter into the Voluntary Treatment Option and
continue to practice, subject to any limitations on practice
the participating Board chairperson or that chairperson's
designate or designates or the Director of the Division of
Professional Regulation or his/her designate may, in
consultation with the treating professional, deem necessary,
only if such action will not endanger the public health,
welfare or safety, and the regulated professional enters into
an agreement with the Director of Professional Regulation or
his/her designate and the chairperson of the participating
Board or that chairperson's designate for a treatment plan
and progresses satisfactorily in such treatment program and
complies with all terms of that agreement. Treatment
programs may be operated by professional Committees and
Associations or other similar professional groups with the
approval of the Director of Professional Regulation and the
chairperson of the participating Board.
10.5 Failure to cooperate fully with the participating
Board chairperson or that chairperson's designate or
designates or the Director of the Division of Professional
Regulation or his/her designate in regard to the Voluntary
Treatment Option or to comply with their requests for
evaluations and screens may disqualify the regulated
professional from the provisions of the Voluntary Treatment
Option, and the participating Board chairperson or that
chairperson's designate or designates shall cause to be
activated an immediate investigation and institution of
disciplinary proceedings, if appropriate, as outlined in
subsection (h) of this section.
10.6 The Voluntary Treatment Option may require a
regulated professional to enter into an agreement which
includes, but is not limited to, the following provisions:
10.6.1 Entry of the regulated professional into a
treatment program approved by the participating Board.
Board approval shall not require that the regulated
professional be identified to the Board. Treatment and
evaluation functions must be performed by separate agencies
to assure an unbiased assessment of the regulated
professional's progress.
10.6.2 Consent to the treating professional of the
approved treatment program to report on the progress of the
regulated professional to the chairperson of the participating
Board or to that chairperson's designate or designates or to
the Director of the Division of Professional Regulation or
his/her designate at such intervals as required by the
chairperson of the participating Board or that chairperson's
designate or designates or the Director of the Division of
Professional Regulation or his/her designate, and such
person making such report will not be liable when such
reports are made in good faith and without malice.
10.6.3 Consent of the regulated professional, in
accordance with applicable law, to the release of any
treatment information from anyone within the approved
treatment program.
10.6.4 Agreement by the regulated professional
to be personally responsible for all costs and charges
associated with the Voluntary Treatment Option and
treatment program(s). In addition, the Division of
Professional Regulation may assess a fee to be paid by the
regulated professional to cover administrative costs
associated with the Voluntary Treatment Option. The
amount of the fee imposed under this subparagraph shall
approximate and reasonably reflect the costs necessary to
defray the expenses of the participating Board, as well as the
proportional expenses incurred by the Division of
Professional Regulation in its services on behalf of the Board
in addition to the administrative costs associated with the
Voluntary Treatment Option.
10.6.5 Agreement by the regulated professional
that failure to satisfactorily progress in such treatment
program shall be reported to the participating Board's
chairperson or his/her designate or designates or to the
Director of the Division of Professional Regulation or his/
her designate by the treating professional who shall be
immune from any liability for such reporting made in good
faith and without malice.
10.6.6 Compliance by the regulated professional
with any terms or restrictions placed on professional practice
as outlined in the agreement under the Voluntary Treatment
Option.
10.7 The regulated professional's records of
participation in the Voluntary Treatment Option will not
reflect disciplinary action and shall not be considered public
records open to public inspection. However, the participating
Board may consider such records in setting a disciplinary
sanction in any future matter in which the regulated
professional's chemical dependency or impairment is an
issue.
10.8 The participating Board's chairperson, his/her
designate or designates or the Director of the Division of
Professional Regulation or his/her designate may, in
consultation with the treating professional at any time during
the Voluntary Treatment Option, restrict the practice of a
chemically dependent or impaired professional if such action
is deemed necessary to protect the public health, welfare or
safety.
10.9 If practice is restricted, the regulated
professional may apply for unrestricted licensure upon
completion of the program.
10.10 Failure to enter into such agreement or to
comply with the terms and make satisfactory progress in the
treatment program shall disqualify the regulated professional
from the provisions of the Voluntary Treatment Option, and
the participating Board shall be notified and cause to be
activated an immediate investigation and disciplinary
proceedings as appropriate.
See 5 DE Reg. 1962 (5/1/02)
See 6 DE Reg. 273 (9/1/02)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 581
DEPARTMENT OF AGRICULTURE
DELAWARE FOREST SERVICE
Statutory Authority: 3 Delaware Code
Sections 1008 & 1011 (2 Del.C. §§1008, 1011)
State Forest Regulations
The Department proposes these regulations pursuant to
3 Del.C. 1008 and 1011. The State Forests of Delaware are
open to the public for all legal forms of recreation and
enjoyment. The following rules and regulations were
developed to ensure that these publicly owned lands are
conserved, protected, and maintained for the benefit of all.
These regulations are a total rewrite of those regulations
proposed at 2 DE Reg. 348, (9/1/98).
The proposed regulations will be considered at a public
hearing scheduled for December 6, 2002 at 1:00 p.m. at the
Delaware Department of Agriculture Building Conference
Room. Copies of the proposed regulations may be obtained
from the State Forester’s Office. Public comments may be
submitted in writing to E. Austin Short, III on or before
December 6, 2002 and/or in person at the public hearing.
The Delaware Department of Agriculture is located at 2320
South DuPont Highway, Dover, Delaware and the telephone
number is (302) 698-4500.
1.0 AUTHORITY
These regulations are promulgated pursuant to the
delegation of authority to the Department of Agriculture by
the General Assembly found in Sections 1008 and 1011 of
Title 3 of the Delaware Code.
2.0 PURPOSE
The State Forests of Delaware are open to the public for
all legal forms of recreation and enjoyment. The following
regulations were developed to ensure that these publicly
owned lands are conserved, protected, and maintained for
the benefit of all.
3.0 DEFINITIONS
3.1 "Department" is the Delaware Department of
Agriculture
3.2 "DFS" is the Delaware Forest Service
3.3 "DNREC" is the Delaware Department of Natural
Resources and Environmental Control
4.0 GENERAL RULES AND REGULATIONS
4.1 No living trees, shrubs, or other vegetation may be
cut, felled, uprooted, removed, or otherwise injured or
destroyed, unless written permission has first been obtained
from the forest officer in charge.
4.2 Fires are prohibited for any purpose on State Forest
lands other than in designated areas. Written permission
must be obtained in advance for fires on State Forest lands
outside of designated areas. Any such authorized fire must,
at all times, be under the direct supervision and care of a
competent adult, and must be thoroughly extinguished
before the fire site is abandoned.
4.3 The dumping or depositing of rubbish, trash,
household items, or other debris, and the placing of
advertisement signs within State Forests are prohibited.
4.4 For the sake of sanitation and attractiveness,
persons using public camp and picnic sites are required to
deposit all waste paper, tin cans and other refuse in the
containers, if provided. Where containers are not provided,
users must properly dispose of all refuse off State Forest
lands.
4.5 Writing upon, mutilating, carving, and otherwise
defacing trees, buildings, structures, signs, and official
notices is prohibited.
4.6 All State Forest boundaries are well marked with
metal signs, yellow paint on boundary line trees, brushed-out
paths or with a combination of all three features. Therefore,
boundary lines should be easy to identify. State Forest
visitors should avoid trespass or encroachment upon
adjoining private lands by staying within boundaries of State
Forest lands.
4.7 Many State Forest access roads are closed to
vehicular travel to improve the quality of recreation and to
reduce littering. These roads and trails are open to
pedestrian and non-vehicular travel only. Non-pedestrian
traffic (e.g. horseback riding, mountain biking) is restricted
to access roads and trails, unless otherwise noted. In
addition, vehicle use of tax ditches is unlawful.
Furthermore, no off-highway vehicles or all-terrain vehicles,
either registered or non-registered, are permitted. The only
exception to this rule applies to those off-highway vehicles
owned, operated, and/or authorized by the Delaware Forest
Service (DFS). Violators will be prosecuted for trespassing.
4.8 With the exception of animals permitted under
lawful hunting regulations, all animals must be under the
continuous control of the owner(s) unless otherwise
authorized in writing by the Forestry Administrator. All
dogs must be leashed, unless covered by the exception
above. State Forest visitors are responsible for the conduct
and any damages, either personal or property, caused by
their animals.
4.9 Entry to State Forest lands is prohibited from sunset
to sunrise, except for lawful hunting, permitted camping,
permitted Redden Lodge use, or as otherwise permitted in
writing by the DFS.
4.10Fishing on State Forest lands is limited to catch and
release only.
5.0 CAMPING RULES AND REGULATIONS
5.1 A forest use permit is required for all camping on
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
582 PROPOSED REGULATIONS
State Forest lands. Camping is free of charge, year round,
but restricted to map-designated campsites. Permits are
available at the State Forest office during office hours or
from the information box.
5.2 Campsites are on a first-come/ first serve basis.
Reservations may be accepted for special occasions.
5.3 Campsites are of a primitive type, and are to be
used ONLY for tent, van or pickup campers. Travel trailers
and /or self-propelled motor homes are excluded due to
access and parking limitations, unless otherwise noted.
5.4 There are a limited number of campsites, each is
large enough to accommodate large families. These are
equipped with tables, fire pits, charcoal grills and a trash
barrel. Campsites are limited to a maximum number of 25
people per site, with a maximum stay of three nights per
week.
5.5 Camping is at your own risk. State Forests are a
public use area and there is no after-hours, nighttime or
weekend security. Law enforcement is provided by the
Delaware State Police should the need arise.
5.6 State forests are Amultiple-use facilities@, which
means other activities will continue while you camp. These
activities include: hunting, picnicking, hiking, orienteering,
nature study, horseback riding, firewood cutting (by permit
only), and timber harvesting. The DFS reserves the right to
limit or deny permits during times of conflicting use.
5.7 Firewood for camp use is available at the
campsites. If more firewood is needed, it may be gathered
locally from dead and downed trees. No standing trees or
shrubs are to be cut. Using firewood located at the office
complex is prohibited. Campfires are to be in established
fire rings only.
5.8 Campsites are to be left clean for the next users, and
all fires are to be extinguished before departing from the
area.
6.0 REDDEN STATE FOREST LODGE
6.1 Maximum Lodge capacity is 45 persons (overnight
use).
6.2 The organization or individual renting the Lodge
must be at least 21 years of age and provide a minimum of
one adult supervisor per ten youths. Youth are defined as
persons under18 years of age and adults as having reached
the age of 21.
6.3 The use or possession of illegal drugs is strictly
prohibited. Additionally, alcoholic beverages are prohibited
(unless approved in writing by the DFS). Smoking and the
use of other tobacco products are prohibited inside the
Lodge.
6.4 Unauthorized heating equipment is prohibited in
the Lodge. The fire alarm system is designed for the
protection of all those who use the Lodge and the structure
itself. Any misuse or intentional activation of this and
other alarms is strictly prohibited and legal action(s) will
be taken pursuant to Delaware Code.
6.5 The use or possession of firearms or other
weapons (except as permitted for legal hunting outside
the safety zone, or as approved in writing by the
Delaware Forest Service), etc., is strictly prohibited.
6.6 No outside fires may be started at any time in the
vicinity of the Lodge, except in the permanent grills installed
on site and the fire pit area, or as approved in writing by the
Delaware Forest Service.
6.7 Service dogs are permitted; no other pets shall be
permitted within or near the Lodge.
6.8 An adequate supply of firewood will be provided
and placed on the back porch.. Please do not retrieve
additional wood from the shed/storage area. No charcoal,
wax logs, or other materials shall be used in the fireplaces.
6.9 No sleeping facilities are provided at the Lodge.
There are cooking facilities and tables and chairs for eating.
There are no pots, pans, dishes, or serving articles. Do not
move any furniture or fixtures. Folding tables and chairs are
not permitted outside the Lodge.
6.10 The telephone at the Lodge is provided for
emergencies, local calls, and credit card or collect long
distance calls and are only for use by adults, except in
emergencies. You must dial 9 before placing any call. The
number for the Lodge phone is (302) 856-5939, and
incoming calls can be received. Please remember this
telephone is only to be used when necessary and are not for
social calls. It is the responsibility of the applicant to honor
these restrictions and inform all lodge users of the telephone
restrictions. If the telephone restrictions are not honored, the
Delaware Forest Service reserves the right to remove the
telephone at any time.
6.11 Lodge Rental Fees, Reservations, Deposits,
and Cancellations
6.11.1 Reservations shall be made on a firstcome,
first-served basis. To secure a reservation, a
completed application and the full Lodge user fee must be
received at least 120 days prior to the desired reservation
date.
6.11.2 A security-damage deposit in the amount
of $100.00 must be received at the time of check-in. If the
security-damage deposit is not paid prior to check-in, the
person/group/organization will not be permitted use of the
lodge. The security-damage deposit will be returned within
5 days after check-out, if the lodge is found in good
condition. If the lodge is not found in good condition, an
itemized list of charges will be provided to the person/group/
organization.
6.11.3 Cancellation policy: Reservations must be
canceled at least fifteen (15) working days prior to the arrival
date. If this cancellation policy is not followed, the
reservation deposit will be forfeited. The security-damage
deposit will be refunded for all cancellations.
6.11.4 Types of Use
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 583
6.11.4.1 Daily: 9:00 a.m. - 3:00 p.m.
6.11.4.2 Evening: 4 p.m. - 10 p.m.
6.11.4.3 Weekend: Friday 4 p.m. -
Sunday 10 p.m.
6.11.4.4 Weekday Overnight: 4 p.m. - 8
a.m.
6.11.5 Lodge Rental Fees: Lodge user fees
shall be as follows:
(Amounts in parentheses indicate proposed
increases in fees)
6.11.5.1 May 1 to September 30
6.11.5.1.1 $75 Daily, Evening
Use, and Weekday Overnight
6.11.5.1.2 $200 Weekend Use
6.11.5.2 October 1 to April 30 (Increased
fees due to heating expenses)
6.11.5.2.1 $85 Daily, Evening Use,
and Weekday Overnight
6.11.5.2.2 $225 Weekend Use
6.11.5.3Checks should be made payable
to: Department of Agriculture.
6.11.5.4 Payments and application should
be mailed to:
Redden State Forest
18074 Redden Forest Drive
Georgetown, DE 19947
(302)856-2893
weekdays 8:00 a.m. - 4:30 p.m.
7.0 HUNTING RULES AND REGULATIONS
7.1 State Forests are year-round multiple use areas.
Hunters share the use of State Forest lands with other public
users such as hikers, campers, horseback riders, firewood
cutters, and loggers.
7.2 No special permits are required to hunt on State
Forest lands, except as specified in the DNREC, Division
of Fish and Wildlife annual hunting manual. Properly
licensed hunters may hunt during any open season except on
areas designated, such as those marked with Wildlife
Sanctuary, NO HUNTING, or Safety Zone signs.
7.3 Parking is available on all State Forest tracts.
7.4 No permanent deer stands, platforms, ladders, or
blinds may be constructed. No screw-in tree steps, spikes,
screws, or nails are allowed.
7.5 Deer drives by any person or persons are not
permitted on any State Forest land at any time.
7.6 Small game hunting is closed on State Forest lands
during firearm deer seasons.
7.7 The DFS reserves the right to close to hunting
specific State Forest tracts during specific hunting seasons.
Therefore, it is important to consult the current hunting
guide for a listing of these closures.
7.8 Trapping rights may be leased for State Forest
lands. No other trapping is permitted on State Forest lands.
7.9 Target shooting is prohibited. Firearms are allowed
for legal hunting only, and are prohibited on State Forest
lands from March 1 through August 31.
7.10 Waterfowl hunting is not permitted on State
Forest land or waters.
7.11 The following hunting restrictions apply to
several tracts of Blackbird State Forest. Maps delineating
these areas are available at Blackbird State Forest
headquarters or by calling (302)653-6505.
7.11.1 All deer hunting is limited to numbered
stands.
7.11.2 For shotgun season stands will be chosen
in a pre-season lottery. To apply for a stand during the
shotgun season fill out the application in the Delaware
Hunting and Trapping Guide. For leftover stands there will
be a daily lottery held at Blackbird State Forest
Headquarters, located on the Tybout tract on Blackbird
Forest Rd. (Rd. 471), 1 2 hours before legal hunting time.
7.11.3 For Muzzleloader season there will be a
daily lottery held at Blackbird State Forest Headquarters,
located on the Tybout tract on Blackbird Forest Rd. (Rd.
471), 1 2 hours before legal hunting time.
7.11.4 All hunters on these tracts, during shotgun
and muzzleloader season, must hunt from the stand only, as
walk around hunting is not permitted.
7.11.5 During Archery season bowhunters must
be within 50 yards of their designated stand.
7.11.6 Stands will be available during Archery
season on a first come first serve basis.
7.11.7 No more than one hunter may hunt from a
stand at any one time.
7.12 These special hunting restrictions apply to the
Tybout tract of Blackbird State Forest:
7.12.1 Squirrel hunting is not allowed with rifle
or muzzleloading rifle, shotgun squirrel hunting is permitted.
7.12.2 Dog training is prohibited at all times.
8.0 FOREST USE PERMITS
8.1 Forest use permits on State Forests are issued on a
first-come first-served basis and are required for camping,
firewood cutting, lodge rental (Redden State Forest),
organized special events, and pavilion reservation
(Blackbird State Forest only). Upon arrival at the facility
users are required to fill out a Forest Use Permit (Doc. No.
65-04-02/87/10/03). Under special circumstances facilities
may be applied for in advance.
8.2 Items to be filled out by all applicants include:
8.2.1 Date of application
8.2.2 Time of application submission
8.2.3 Applicants= name
8.2.4 Applicants= address, city, state, zip code
8.3 Camping:
8.3.1 Individual or group permit
8.3.2 Number of persons camping
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
584 PROPOSED REGULATIONS
8.3.3 The name of organization (if applicable)
8.3.4 Vehicle make, model, color, and license
number
8.3.5 Permit effective date & termination date
8.3.6 Applicants= signature
8.4 Group Users/Special Events:
8.4.1 The name of the person in charge
8.4.2 The name of organization
8.4.3 Number in the group
8.4.4 Permit effective date
8.4.5 Permit termination date
8.4.6 Facility used:
8.4.6.1 Camping
8.4.6.2 Picnic shelter
8.4.6.3 Nature study area
8.4.6.4 Other
8.4.6.5 Applicants= signature
8.5 Firewood Permits:
Firewood permits are required to harvest firewood
on State Forest lands and are issued at the discretion of the
State Forest staff. When available, these permits are issued
on a first come first serve basis. There is a fee of $20 for
firewood permits, which allows the holder to cut two
standard pickup loads of firewood. No trees are to be felled;
only downed wood may be cut. Designated firewood cutting
areas will be delineated by State Forest employees and
posted as such.
9.0 DEPARTMENT ENFORCEMENT
REGULATIONS
9.1 Whoever violates any of the foregoing regulations
shall be deemed to have committed an unclassified
misdemeanor and fined not less than $25 nor more than $250
and pay the court costs for each violation. For each
subsequent violation, within three years of the previous
conviction, the violator shall be fined not less than $50 nor
more than $500 and pay court costs. In addition to such
fines and court costs, a violator who is convicted of
damaging, destroying, or removing property owned and
maintained by the State Forest Service, shall be required to
make restitution to the Department for the replacement or
restoration of such property.
9.2 Justices of the Peace throughout the State shall have
jurisdiction over alleged violations of these State Forest
Regulations; however, any violator shall, upon arrest, be
taken to the nearest available Justice of the Peace in the
county where such violation is alleged to have occurred, or
in lieu thereof, be provided with an assessment form for the
voluntary payment of fines.
9.3 Notwithstanding the immediate preceding
subsection, a forest service officer making an arrest for a
violation of these regulations may issue a summons
requiring the violator to appear in person at a subsequent
date at the Justice of the Peace Court nearest to the place of
arrest and during the regularly scheduled hours of the Court.
9.4 After payment for fines and costs, if any, is
received by the Department of Justice or Justice of the Peace
Court, the Department or the Court shall mail a receipt
indicating payment for such fine if the violator paying such
fine makes a written request for a receipt and encloses a selfaddressed
envelope with proper postage affixed thereon.
Delaware Forest Service
Forest Use Permit Application
Date(s) of use _____ Permit No._____
Application For: _ Firewood __Camping __Other (explain)
Drivers license No. ____Expiration Date___ Issuing State__
Location ___ Blackbird State Forest No. in group __
___ Redden State Forest
___ Taber State Forest
Name___________________________________________
First MI Last
Address__________________________________________
Street/P.O. Box City State Zip Code
Phone No. ( ) Phone No. ( )
Home Work
Vehicle Information
Year/Make/ModeColor Tag No.
Effective Date E xpiration Date Fee $
Comments
In exercising the above-described use, I agree to abide
by all of the regulations of the Delaware Forest Service
(DFS), including but not limited to, those attached to this
application, as well as the instructions of the undersigned
DFS personnel. I fully understand that the State has neither
commercially-procured insurance nor self-insurance to cover
any injury, risk or loss which occurs in the State Forest and
that the State is immune from any and all liability from any
such injury, risk or loss.
In consideration of the granting of the permit, I agree to
waive any and all claims arising out of the above-described
use which may accrue to myself and/or to anyone else in my
custody and control, and I further agree to indemnify the
State and save it harmless from and against any and all
claims, actions, damages, liability and expense in connection
with loss of life, personal injury and/or damages to property
arising out of any occurrence in the State Forest.
APPROVED: SIGNATURE OF DFS PERSONNEL Date
SIGNATURE OF APPLICANT Date
Note: Any violation of the State Forest rules and
regulations will result not only cancellation of this permit,
but may also result in possible arrest and fines. This permit
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 585
is to be kept in applicant’s vehicle or on his/her person and
must be produced at the request of any forest officer. This
permit is subject to cancellation by the state forester at any
time for just cause. Authority: Title 3. Chapter 10. Sections
1008 and 1011.
THOROUGHBRED RACING COMMISSION
Statutory Authority: 3 Delaware Code,
Section 10103 (3 Del.C. §10103)
The Delaware Thoroughbred Racing Commission
proposes to enact a new Rule 15.13. The proposed rule
would provide as follows:
1) prohibit possession of an instrument used for shock
wave therapy on the licensee’s race track; 2) provide that no
horse may be treated with any form of shock wave therapy
within ten days of racing; 3) provide that the administration
of shock wave therapy may only be performed by a licensed
veterinarian who must document treatment in the daily
medication report; and 4)impose penalties on trainers and
veterinarians for violations.
The Commission will accept written comments from
November 1, 2002 through January 5, 2003. The
Commission will hold a public hearing on the proposed rule
on January 6, 2003 at 10:00 a.m. at the Department of
Agriculture, 2320 S. DuPont Highway, Dover, DE 19901.
Written comments should be submitted to John Wayne,
Administrator of Racing, at the Department of Agriculture.
The proposed rule 15.13 is as follows:
15.13 Shock Wave Therapy/Instruments
(a) No person may possess on a licensee’s race track
an instrument used for shock wave therapy.
(b) No horse may be treated with any form of shock
wave therapy within ten (10) days of racing (the day of the
treatment shall be considered the first day in counting the
number of days).
(c) The administration of shock wave therapy may only
be performed by a licensed veterinarian. A veterinarian
using shock wave therapy shall document and report each
treatment on his daily medication report.
(d) A Trainer or Veterinarian who has been found to
have violated any of the above provisions of this Rule shall
be subject to appropriate disciplinary action by the stewards
and/or Commission including but not limited to a maximum
suspension of ninety (90) days.
PLEASE NOTE: AS THE REMAINDER OF THE RULE IS NOT
BEING MODIFIED IT IS NOT BEING PUBLISHED.
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF LONG TERM CARE
RESIDENTS PROTECTION
Statutory Authority: 16 Delaware Code,
Sections 1145(f), 1146(f)
(16 Del.C. §§1145(f), 1146(f))
Public Notice
Regulations for Criminal History Checks and Drug
Testing for Home Health Agencies
The Department of Health and Social Services (DHSS),
Division of Long Term Care Residents Protection, has
drafted proposed Regulations for Criminal History Checks
and Drug Testing for Home Health Agencies pursuant to 16
Del.C., Sections 1145(f) and 1146(f). These regulations
address issues including criteria for unsuitability for
employment, confidentiality and the responsibilities of
employers, applicants and the Department with respect to
criminal history checks and drug testing for applicants for
employment by home health agencies and/or private
healthcare givers in a resident’s home or home of residence.
Invitation For Public Comment
Public hearings will be held as follows:
Monday, December 2, 2002, 10:00 AM
Department of Natural Resources &
Environmental Control
89 Kings Highway, Dover
Tuesday, December 3, 2002, 9:00 AM
Room 301, Main Building
Herman Holloway Campus
1901 N. DuPont Highway, New Castle
For clarification or directions, please call Gina
Loughery at 302-577-6661.
Written comments on these proposed regulations should
be sent to:
John Thomas Murray
Division of LongTerm Care Residents Protection
3 Mill Road, Suite 308
Wilmington, DE 19806
Written comments will be accepted until the conclusion
of the December 3, 2002 public hearing.
72.0 Purpose
The purpose of these regulations is to ensure the safety
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
586 PROPOSED REGULATIONS
and well-being of residents in this State who use the services
of home health agencies licensed pursuant to 16 Delaware
Code, Section 122(3)o., and/or private healthcare givers in
the resident’s own home or home of residence. To this end,
persons selected for employment in these agencies or private
homes, effective July 1, 2001, shall be subject to preemployment
criminal history checks and pre-employment
drug testing.
72.1 Definitions
72.101 "Conditional Employment" pertains to the
period of time during which an applicant is working while
his/her employer has not received the results of (a) the State
criminal history record, (b) the Federal criminal history
record, and (c) the drug test. Conditional employment must
end immediately if either the State or Federal criminal
history record contains disqualifying crime(s) as delineated
in Section 72.201 of these regulations.
72.102 "Department or DHSS" means Department
of Health and Social Services.
72.103 "Employer" is any person, business entity,
management company, home health agency,
temporary agency, or other organization that hires persons or
that places persons in a private residence for the purposes of
providing licensed nursing services, home health
aide services, physical therapy, speech pathology,
occupational therapy or social services.
72.104 "Final Employment" means employment
upon the employer’s receipt of the State Bureau of
Identification criminal history record containing evidence of
no disqualifying convictions, a report by the Department that
there are no disqualifying convictions in such person’s
federal criminal record, and the results of the drug testing.
72.105 "Hire" means to begin employment of an
applicant, or to pay wages for the services of a person who
has not worked for the employer during the preceding threemonth
period, or to refer a caregiver to a private residence in
return for a finder or placement fee.
72.106 "Home Health Agency" is any business
entity, public or private, which provides directly or through
contract arrangements, to individuals in their home or
private residence, either (a) two or more of the following
services: licensed nursing, home health aide, physical
therapy, speech pathology, occupational therapy, or social
services where at least one of these services is licensed
nursing or home health aide services or (b) home health aide
services exclusively, provided under appropriate
supervision.
72.107 "Illegal drug" for purposes of these
regulations means marijuana/cannabis, cocaine, opiates
including heroin, phencyclidine (PCP), amphetamines,
barbiturates, benzodiazepene, methadone, methaqualone and
propoxyphene.
72.108 "Promotion" means any change in job
classification that results in additional responsibility and/or
an increase in wages. It does not include a change in job
status from part-time to full-time.
72.2 Criteria For Unsuitability For Employment
72.201 The following types of criminal convictions (or
convictions in another jurisdiction which are comparable
under Delaware law) automatically disqualify a person from
providing home health services when such conviction
occurred within the time periods specified:
a. Conviction of any act causing death as defined
in 11 Delaware Code, Chapter 5, Subchapter II, Subpart B
with no time limit;
b. Conviction of any sexual offense designated as
a felony in 11 Delaware Code, Chapter 5, Subchapter II,
Subpart D with no time limit;
c. Conviction of any violent felony as specified in
11 Delaware Code, Section 4201(c) within the last ten years;
d. Conviction of any felony involving a
controlled substance, a counterfeit controlled substance, or a
designer drug as specified in 16 Delaware Code, Chapter 47
within the last ten years;
e. Conviction of any felony other than those
specified above within the last five years;
f. Conviction of any misdemeanor involving a
controlled substance, a counterfeit controlled substance, or a
designer drug as specified in 16 Delaware Code, Chapter
47 within the last five years;
g. Conviction of any Class A misdemeanor
included in 11 Delaware Code, Chapter 5, Subchapter II,
Subpart A within the last five years;
h. Conviction of any attempt to commit a crime,
as defined in 11 Delaware Code, Section 531, with respect to
any of the above listed offenses.
72.202 For other criminal convictions, the following
criteria are to be used by the employer in
determining whether a person is suitable for employment in
home health care:
a. Type of conviction(s);
b. Frequency of conviction(s);
c. Length of time since conviction(s) occurred;
d. Age at the time of the conviction(s);
e. Record since the conviction(s);
f. Relationship of conviction(s) to type of job
assignment.
72.3 Employer Responsibilities
72.301 The employer shall ensure that a Criminal
History Record Request Form has been completed and that
the employer copy is maintained in the employer’s files.
72.302 The employer shall maintain a signed copy of
the Receipt/Verification of Providing Fingerprints Form
from the Delaware State Police.
72.303 If an employer wishes to have a criminal
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 587
history record check conducted on an applicant who has
been the subject of a qualifying State and Federal
background check within the previous 5 years, the costs shall
be borne by the employer. Payment shall be made directly to
the Delaware State Police. The Department shall, at no cost,
provide the results of the Federal Bureau of Investigation
information to the employer in the same manner as for any
other applicant.
72.304 If a person is fingerprinted under the auspices
of these regulations more than once during a five-year
period, the costs shall not be borne by the State. If the State
is billed for such fingerprinting costs, payment shall be
obtained from the employer specified on the Criminal
History Record Request Form. Such employer may obtain
payment from the applicant.
72.305 If an applicant who has been conditionally
hired is separated from employment for any reason prior to
completion of the criminal history check process, the
employer shall notify the Department upon such separation.
72.306 Upon receipt of the results of the criminal
history record check and the drug testing, the employer shall
determine the suitability of an applicant for final
employment using the criteria in Section 72.202 unless the
state and/or federal criminal history record check has
identified a conviction of one or more automatically
disqualifying crimes. An applicant for final employment
with a conviction of an automatically disqualifying
crime shall be terminated immediately.
72.307 The employer shall notify the applicant of the
findings of the criminal history record check and drug
testing.
72.308 The employer is required to provide complete
copies of all information received from the Department
pertaining to an applicant to the individual in need of care or
his/her guardian upon placement of the applicant.
72.309 The Department reserves the right to obtain
data from employers on the employment status of applicants
covered under these regulations.
72.4 Applicants’ Responsibilities
72.401 Applicants are responsible for completing all
information accurately and completely on the Criminal
History Record Request Form and any form provided by the
employer for use in obtaining mandatory pre-employment
drug testing. Any applicant who refuses to complete one or
more of these forms shall be deemed to have voluntarily
withdrawn his/her application.
72.402 The applicant is responsible for having his/her
fingerprints taken and for returning a Receipt/Verification of
Providing Fingerprints to the Delaware State Police Form
to the employer.
72.403 The applicant is responsible for informing any
potential employer if he/she has already been fingerprinted
in accordance with these regulations. The cost of additional
fingerprinting, exceeding the one fingerprinting per fiveyear
period required by these regulations, shall not be borne
by the State.
72.404 The applicant is responsible for submitting to
the required drug testing and providing verification to the
employer.
72.5 Department’s Responsibilities
72.501 When the Department has received all
necessary documentation, it shall perform a review and
ensure that the employer receives a copy of the applicant’s
state criminal history report and issue a written summary of
the federal criminal history report. If conviction of a
disqualifying crime is included on the state or federal
criminal history report, the Department shall notify the
employer immediately, prohibiting either the hire or
continued conditional employment of the applicant.
72.502 Upon notification that an employer intends to
hire a person who has previously had the criminal history
check conducted by the Department, the Department shall
review the criminal history on file and shall review the
applicant’s criminal history via the Criminal Justice
Information System for any subsequent criminal
information. If the review reveals a disqualifying conviction
subsequent to the original review, the applicant shall be
disqualified from employment with the new employer and
the previously listed employers shall be notified of the recent
conviction and encouraged to make personnel decisions
based on the new information.
72.6 Confidentiality
72.601 In accordance with 11 Delaware Code, Section
8513(c), the Department shall receive information from the
State Bureau of Identification pertaining to the identification
and conviction data of any person for whom the Bureau has a
record solely for the purpose of determining suitability for
employment of the person whose record is received.
72.602 The Department shall store written and
electronically recorded criminal history record
information in a secure manner to provide for the
confidentiality of records and to protect against any possible
threats to their security and integrity.
72.603 The Department shall not release to employers,
as defined in Section 72.103 of these regulations, copies of
actual written reports of criminal history records prepared by
the Federal Bureau of Investigation.
72.604 The following procedure shall be used to
permit the review of criminal history record files by any
applicant:
a. An applicant shall submit a request in writing
to the Department for the on-site review of his/her criminal
history record file.
b. An applicant shall make an appointment to
review the record at the Department in the presence of a
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
588 PROPOSED REGULATIONS
Department employee. The applicant shall present photo
identification at the time of the review.
c. Written documentation of the date and time of
the review and the names of those present shall be filed in
the criminal history record file of the applicant.
d. Upon completion of such a review, the
Department shall return criminal history records (written or
electronic) to secure storage.
72.605 Criminal history record information shall not
be disseminated to any person(s) other than the applicant,
his/her employer or subsequent employer(s) as defined in
Section 72.103 of these regulations, or the Department.
72.606 All employers shall store criminal history
record information in a secure manner to provide for the
confidentiality of records and to protect against any possible
threats to their security and integrity.
72.607 Employers shall limit the use of criminal
history record information to the sole purpose of determining
suitability for employment.
DIVISION OF PUBLIC HEALTH
OFFICE OF EMERGENCY MEDICAL SERVICES
Statutory Authority: 16 Delaware Code,
Section 9706(h) (16 Del.C. §9706(h))
Nature Of The Proceedings
The attached regulations, "State of Delaware EMS Pre-
Hospital Advanced Care Directive Regulations," are being
proposed in accordance with 16 Delaware Code, Chapter 97
and the State of Delaware Death with Dignity Act, 16
Delaware Code, Chapter 25.
The proposed regulation defines procedures and
processes to be used by Delaware Emergency Medical
Service (EMS) personnel when encountering a terminally ill
patient who has executed a pre-hospital advanced care
directive.
Notice Of Public Hearing
The Office of Emergency Medical Services, Division of
Public Health, Department of Health and Social Services
will hold a public hearing to discuss the proposed Delaware
EMS Pre-Hospital Advanced Care Directive Regulations.
The public hearing will be held on Tuesday, November
26, 2002 at 9:00 AM in the Conference Room of the Office
of Emergency Medical Services, Blue Hen Corporate
Center, Suite 4-H, 655 S. Bay Road, Dover, Delaware.
Copies of the proposed regulations are available for
review by contacting:
Office of Emergency Medical Services
Blue Hen Corporate Center, Suite 4-H
655 Bay Road
Dover, Delaware 19901
Telephone: (302) 739-4710
Anyone wishing to present his or her oral comments at
this hearing should contact Debbie Vincent at (302) 739-
4710 by Friday, November 22, 2002. Anyone wishing to
submit written comments as a supplement to or in lieu of oral
testimony should submit such comments by December 1,
2002 to:
David P. Walton, Hearing Officer
Division of Public Health
P.O. Box 637
Dover, Delaware 19903-0637
Pre-Hospital Advanced Care Directive Regulations
Authority:16 Delaware Code, Chapter 97, Section 9706(h)
Purpose: There is a need to address the recognition of
Pre-Hospital Advanced Care Directives (Do-Not-
Resuscitate Orders) in conjunction with Advanced Care
Directives as provided for in Delaware Code Title 16,
Chapter 25, in the pre-hospital emergency environment.
These regulations require the use of a specific form of
individual identification that can be readily recognized and
verified during a pre-hospital emergency. The regulations
also detail the legislated immunity for certified providers
honoring this order.
While such legal instruments serve individuals well in
clinical settings such as hospitals and nursing homes, they
pose practical problems in life-threatening situations when
emergency medical services (EMS) individuals are called for
assistance. Living wills, powers of attorney and other
advance directives are often long and complex, can vary
greatly in form and content, and do not apply to the prehospital
environment. Many are hand-written and are
impossible to verify on the scene of an emergency.
Furthermore, in most states, if an EMS provider is called to a
scene, they are legally required to perform life-saving
techniques (CPR) even if the individual’s heart has stopped
and they are clinically expired. And, they cannot stop these
efforts based on a living will or appointed proxy’s request,
because advance directives may not apply in EMS related
medical emergencies. A Delaware Pre-Hospital Advanced
Care Directive is a specific order initiated by the individual
and signed by a physician stipulating a specific order for
individual non-resuscitation.
A Pre-Hospital Advanced Care Directive regulation
authorizes the Division of Public Health/Office of
Emergency Medical Services in conjunction with the Board
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 589
of Medical Practice, the Delaware Fire Prevention
Commission, and other key groups within the State to
develop and implement an EMS Pre-Hospital Advanced
Care Directive (PACD) protocol for EMS providers. This
law and protocol standardize the legal advanced care
directive documentation so EMS providers have a readily
recognizable format upon which they may make a decision.
This would also allow EMS providers to honor the
individual’s wishes to the greatest extent possible and grant
the individual the dignity, humanity and compassion they
deserve.
1.0 Definitions
"Advanced health care directive" shall mean an
individual instruction or power of attorney for health care, or
both.
"Agent" shall mean an individual designated in a power
of attorney for health care to make a health care decision for
the individual granting the power.
"Artificial nutrition and hydration" means supplying
food and water through a conduit, such as a tube or
intravenous line where the recipient is not required to chew
or swallow voluntarily, including, but not limited to,
nasogastric tubes, gastromstomies, jejunostomies and
intravenous infusions. Artificial nutrition and hydration
does not include assisted feeding, such as spoon or bottlefeeding.
"Capacity" shall mean an individual’s ability to
understand the significant benefits, risks and alternatives to
proposed health care and to make and communicate a health
care decision.
"Declarant" shall mean a individual who executes an
advance health care directive.
"Division" shall mean the Division of Public Health.
"DNR" shall mean Do Not Resuscitate. A physician
order in writing on forms approved by the Director of the
Division of Public Health instructing EMS providers to
withhold care as instructed on the order.
"EMS prehospital advanced care directive order
(PACD)" shall mean an advanced health care directive/do
not resuscitate order as defined in paragraph 1.1, signed by
the individual’s physician on forms approved by the
Director of the Division of Public Health.
"EMS PACD Program" shall mean the regulations and
administrative guidelines promulgated by the Division of
Public Health for the administration of this Act.
"Guardian" shall mean a judicially appointed
guardian or conservator having authority to make health care
decisions for an individual.
"Health care" shall mean any care, treatment,
service or procedure to maintain, diagnose or otherwise
affect an individual’s physical or mental condition.
"Health care decision" shall mean a decision
made by an individual or the individual’s agent, surrogate or
guardian regarding the individual’s health care, including:
Selection and discharge of health care
providers and institutions;
Acceptance or refusal of diagnostic tests,
surgical procedures, programs of medication and orders not
to resuscitate; and
Directions to provide, withhold or withdraw
artificial nutrition and hydration and all other forms of health
care.
"Health care institution" means an institution,
facility or agency licensed, certified or otherwise authorized
or permitted by law to provide health care in the ordinary
course of business or practice of profession.
"Emergency medical services (EMS) provider"
shall mean individual providers certified by the Delaware
State Fire Prevention Commission or the Office of EMS, or
emergency medical dispatchers certified by the National
Academy of Emergency Medical Dispatch.
"Emergency medical services (EMS) provider
agency" shall mean a provider agency certified by the
Delaware State Fire Prevention Commission or the
Office of EMS, or an emergency medical dispatch center
under contract with the Department of Public Safety.
"Individual" means an individual, corporation,
business trust, estate, trust, partnership, association, joint
venture, government, governmental subdivision, agency or
instrumentality or any other legal or commercial entity.
"Individual instruction" means an individual’s
direction concerning a health-care decision for the
individual.
"Life-sustaining procedure" means:
Any medical procedure, treatment or
intervention that:
1. Utilizes mechanical or other artificial
means to sustain, restore, or supplant a spontaneous vital
function; and
2. Is of such a nature as to afford a
individual no reasonable expectation of recovery from a
terminal illness.
Procedures that can include, but are not limited
to, assisted ventilation, renal dialysis, surgical procedures,
blood transfusions and the administration of drugs,
antibiotics and artificial nutrition and hydration.
"Medically ineffective treatment" means that, to a
reasonable degree of medical certainty, a medical procedure
will not:
Prevent or reduce the deterioration of the
health of an individual: or
Prevent the impending death of an individual.
"Office" shall mean the Office of Emergency
Medical Services (EMS) within the Division of Public
Health.
"PACD" means an EMS prehospital advanced care
directive or do not resuscitate order signed by the individual
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
590 PROPOSED REGULATIONS
and the individual’s physician, on forms approved by the
Director of Public Health.
"Physician" means an individual licensed to
practice medicine under Chapter 17 of Title 24 of the
Delaware Code.
"Power of attorney for health care" means the
designation of an agent to make health care decisions for the
individual granting the power.
"Primary physician" or "attending physician"
shall mean a physician designated by an individual or the
individual’s agent, surrogate or guardian to have primary
responsibility for the individual’s health care or, in the
absence of a designation, or if the designated physician is not
reasonably available, a physician who undertakes the
responsibility.
"Reasonably available" shall mean readily able to
be contacted without undue effort and willing and able to act
in a timely manner considering the urgency of the
individual’s health care needs.
"Supervising health care provider" shall mean
the primary physician, or if there is no primary physician or
the primary physician is not reasonably available, the health
care provider who has undertaken primary responsibility
for an individual’s health care.
"Surrogate" means an adult individual or
individuals who (1) have capacity;(2) are reasonably
available; (3) are willing to make health care decisions,
including decisions to initiate, refuse to initiate, continue or
discontinue the use of a life sustaining procedure on behalf
of a individual who lacks capacity; and (4) are identified by
the individual’s identification in accordance with this
chapter as the individual or individuals who are to make
those decisions in accordance with this chapter.
"Terminal illness" means any disease, illness or
condition sustained by any human being for which there is
no reasonable medical expectation of recovery and which, as
a medical probability will result in the death of such human
being regardless of the use or discontinuance of medical
treatment implemented for the purpose of sustaining life or
the life processes.
2.0 Right to Self-Determination
2.1 An individual, legally adult, who is mentally
competent, has the right to refuse medical or surgical
treatment if such refusal is not contrary to existing
public health laws.
3.0 Medical Prerequisites
3.1. Any individual with legal capacity may execute a
Pre-Hospital Advanced Care Directive (PACD); however,
this Directive will not become effective unless signed by a
physician after diagnosis of a terminal illness.
3.2 Individual with legal capacity, who is able to
communicate by some reliable, proven means (i.e. verbally,
eye blink, finger tap) but is physically unable to
sign, may execute a PACD through an agent or surrogate to
be effective upon the diagnosis of a terminal illness from a
physician in Delaware. Conditionsthat may prevent physical
signing of thePACD include, but are not limited to:
3.2.1 Blindness or illiteracy
3.2.2 Severe arthritis
3.2.3 Amyotrophic lateral sclerosis (ALS or Lou
Gehrig’s disease)
3.2.4 Quadriplegia
3.2.5 Paralysis of the writing hand
3.2.6 Amputation
3.3 Individual who no longer has capacity may be
issued a PACD through an agent, guardian or surrogate and
the individual’s physician.
3.3.1 Conditions for which a PACD may be
issued are:
3.3.1.1 Terminal Illness
4.0 Prehospital Advanced Care Directives
4.1 Prehospital Advanced Care Directive Options
4.1.1 Option A (Advanced Life Support) -
"Maximal (Restorative) Care Before Arrest, Then DNR"
4.1.1.1. When this option is selected on an
EMS PACD, the individual shall receive the full scope of
restorative interventions permissible under the Delaware
Statewide ALS treatment protocol (including intubation for
respiratory distress, cardiac monitoring, synchronized
cardioversion for pulse-present ventricular or supra
ventricular tachycardia, cardiac pacing for pulse-present
symptomatic bradycardia, insertion of IV’s, and drug
therapy), in an attempt to forestall cardiac or respiratory
arrest (see Delaware Statewide ALS treatment protocol for
full description of permissible interventions).
4.1.2 Option B (Basic Life Support) – "Limited
(Palliative) Care Only Before Arrest, Then DNR"
4.1.2.1. Palliative care is defined as supportive
care for control of signs and symptoms.
4.1.2.1.1. This includes opening the
airway using non-invasive means (e.g. chin lift, jaw thrust,
finger sweep, nasopharyngeal airway, oropharyngeal airway
and abdominal thrust, O2 administration, suctioning,
positioning for comfort, control of external bleeding using
standard treatments (dressing, elevation, direct
4.1.2.1.2. pressure, pressure points,
cold packs, tourniquets, etc.), immobilize fractures, and
family or other health care provider administered
medications for pain control.
4.1.2.1.3. Existing IV lines may be in
place and, if so, shall be monitored to the extent possible
according to the provider’s level of certification and
licensure.
4.1.2.2. Inappropriate Care for a Palliative
Care Individual includes:
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 591
4.1.2.2.1. Pacing, cardioversion, and
defibrillation
4.1.2.2.2. Initiation of IV therapy
4.1.2.2.3. EMS Initiated Medications -
Except passive oxygen
4.1.2.2.4. CPR
4.1.2.2.5. Intubation (EOA,
endotracheal, nasotracheal, or gastric tube)
4.1.2.2.6.. Pneumatic anti-shock
garment (PASG)
4.1.2.2.7. Active ventilatory assistance,
unless on an out individual ventilator.
4.1.3 Option C (Do Not Resuscitate) – "No Care
Administered Of Any Kind".
4.1.3.1. This option permits an individual to
reject care of any kind provided there is a signed order
clearly stating this course of action. Where this option is in
place, no form of life saving efforts, including but not
limited to, the opening of the airway, the administration of
oxygen, or any other form of life-saving efforts will be
administered by EMS personnel under any circumstances,
unless the individual provides some form of communication
as indicated in Section 3.1.2A.
5.0 Methods of Identification
5.1 Provided there is a signed PACD, or other approved
Division of Public Health signed form, the following are
acceptable for implementing the EMS PACD protocol:
5.1.1 Delaware EMS PACD Form
5.1.2 Delaware EMS PACD Wallet Card
5.1.3 Wrist Bracelet to include Medic-Alert
Bracelet or other bracelet approved by the Director of the
Division of Public Health.
5.1.4 Other State EMS PACD Form
5.2 Even if a signed PACD, or other approved Division
of Public Health signed form is present, the following are
not acceptable for implementing the EMS PACD protocol:
5.2.1 Advance directives without an EMS
PACD
5.2.2 Facility specific PACDs
5.2.3 Notes in medical records
5.2.4 Prescription pad orders
5.2.5 PACD stickers
5.2.6 Any oral request.
5.2.7 Any other device or instrument not listed
above as acceptable.
5.3 The Delaware EMS PACD must be completed for
all individuals on a standard form approved by the Division
of Public Health, and the form must be present.
5.4 If any question exists as to the identity of the
individual identified on the Delaware EMS PACD form, the
EMS provider shall seek to identify the individual through
another form of positive identification.
5.4.1 If in doubt as to the identification of the
individual, the EMS provider shall initiate resuscitative
efforts.
6.0 Revocation of PACD
6.1 An EMS PACD may be revoked at any time by:
6.1.1 A written cancellation signed by the
individual.
6.1.2 An oral statement or gesture of any
manner by the individual in the presence of two (2)
witnesses, one of whom is a health care provider, requesting
only palliative care or resuscitation. If the individual revokes
an EMS PACD orally, the EMS PACD notification devices
do not need to be destroyed. EMS providers should
thoroughly document the circumstances of the revocation.
An oral revocation by an individual is only good for the
single response or transport for which it was issued.
6.2 During an emergency, when the authorized decision
maker is not the individual, this individual cannot revoke an
EMS PACD. Because of the difficulty in identifying
authorized decision makers in emergent situations, it is
incumbent upon an authorized decision maker who has
authority to revoke an EMS PACD to do so prior to the
emergency if they wish resuscitation for the individual.
Under no circumstances, can a person or entity, other than
the individual, revoke an EMS PACD during an emergency.
7.0 Section 2513(b) of the Health Care Decision Act
(Code of Delaware) makes willful concealment,
destruction, falsification or forging of an advance directive,
without the individual’s or authorized decision maker’s
consent, a class C felony.
8.0 Field Termination
8.1 Nothing in these regulations shall effect the power
of EMS providers to do the paramedic field termination of
resuscitation protocol as approved by the Delaware Board of
Medical Practice.
9.0 Protocol
9.1 The Division of Public Health, in consultation with
the Board of Medical Practice and the Delaware Fire
Prevention Commission, shall develop and publish a
protocol for EMS providers to comply with the requirements
of this regulation.
10.0 Limitations of Liability
10.1 In addition to other immunity that may be
provided for in law, Section 2510 of the Health Care
Decisions Act provides the specific immunity in cases
involving the provision, withdrawal, or withholding of care
which may be life sustaining in nature.
10.1.1 EMS providers are not subject to criminal
prosecution or civil liability or deemed to have engaged in
unprofessional conduct as determined by the appropriate
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
592 PROPOSED REGULATIONS
licensing, registering, or certifying authority as a result of
withholding or withdrawing any health care under
authorization obtained in accordance with the Health Care
Decisions Act.
11.0 Data Collection/Program Evaluation
11.1 The Division of Public Health shall provide
appropriate information, education and training on the EMS
PACD Program to health care providers.
11.2 The Division of Public Health shall provide
forms for Delaware licensed physicians and hospices, or
other authorized health care providers.
11.3 The Division shall monitor the use of EMS
PACDs as presented to EMS providers.
11.4 The Division shall take such measures as
necessary to assure individual confidentiality.
12.0 Reciprocity
12.1 Standardized EMS DNR from another State
approved by the Director of the Division of Public Health
shall be honored.
12.2 EMS providers shall treat out-of-state EMS
DNR’s as Limited (Palliative) Care Only Before Arrest
PACD individuals.
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 107 (31 Del.C. §107)
PUBLIC NOTICE
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 107, Delaware Health and Social Services (DHSS) /
Division of Social Services / Cash Assistance Program is
proposing to amend Section 6103 of the Relative Caregivers'
(Non-Parent) Transitional Resource 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
Implementation Unit, Division of Social Services, P.O. Box
906, New Castle, Delaware by November 30, 2002.
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.
Summary of Proposed Change- DSSM 6103 Relative
Caregivers' (Non-Parent) Transitional Resource
Program
Based on the Kinship Care law, Title 31, Delaware
Code, Chapter 3, §356 (b)(4), DSSM 6103 is being amended
to reflect the income of the caregiver is counted and cannot
exceed 200% of the Federal Poverty Level (FPL) based on
the household size. Also, the income of the child moving in
with the caregiver and any siblings (or half-siblings) who
also reside in the home, is not counted.
6103 Eligibility
Applicants must meet the following eight criteria to
receive assistance from the Relative Caregivers’ (Non-
Parent) Transitional Resource Program:
1. Relationship-The child is living with a relative
within the 5th degree of relationship (DSSM 3004).
2. Age-The child is less than 18 years of age.
3. Residence-Applicants must reside in Delaware to
be eligible for benefits. Persons including the homeless
(those with no fixed address or not living in a permanent
dwelling) who currently live in Delaware and plan to stay,
regardless of the length of time they have been here, meet
the residency requirement.
4. Time Limitation-The child has been living in
caregiver('s) home less than or equal to 90 days.
5. Income-The income of the caregiver cannot exceed
200% of the Federal Poverty Level based on the household
size. The caregiver’s household includes the caregiver and
his/her children. The household size used in the income
determination is the child and the child’s siblings or half
siblings who moved within 90 days into the caregiver('s)
home. Children who are not a sibling or half sibling will be
considered a separate household. The income of the child
moving in with the caregiver and any siblings (or halfsiblings)
who also reside in the home, is not counted.
b. The income of the caregiver(s) is always
excluded. The income of siblings or half siblings of the
child living with the caregiver(s) for more than 90 days will
not be considered.
6. Resources-Eligibility will be determined without
regard to the child or caregiver('s) resources.
7. Citizenship-The child is a citizen or lawfully
admitted alien.
8. Need-The child’s need is for one or more of the
covered services.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 593
DIVISION OF SOCIAL SERVICES
Statutory Authority: 31 Delaware Code,
Section 107 (31 Del.C. §107)
PUBLIC NOTICE
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 107, Delaware Health and Social Services (DHSS) /
Division of Social Services / Medicaid/Medical Assistance
Program is proposing to amend the Title XIX Medicaid State
Plan to provide an inpatient hospital care reimbursement
methodology for interim payments.
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
Implementation Unit, Division of Social Services, P.O. Box
906, New Castle, Delaware by November 30, 2002.
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.
ATTACHMENT 4.19-A PAGE 3
METHODS AND STANDARDS FOR ESTABLISHING
PAYMENT RATES - INPATIENT HOSPITAL CARE
(Continued)
Rate Setting Methods - Development of Implementation
Year Operating Rates, Updates and Rebasing (Continued)
The implementation year rates will be updated in
FY96 using published TEFRA inflation indices. Rates will
be rebased using fiscal year 1994 claims and cost report data
for implementation in State FY97, and every three years
thereafter.
Other Related Inpatient Reimbursement Policies
Outliers - High cost Medicaid cases will be identified
and reimbursed. High cost outliers will be identified when
the cost of the discharge exceeds the threshold of three times
the hospital operating rate per discharge. Outlier cases will
be reimbursed at the discharge rate plus 79 percent of the
difference between the outlier threshold and the total cost of
the case. Costs of the case will be determined by applying
the hospital-specific cost to charge ratio to the allowed
charges reported on the claim for discharge.
Cases with long length of stay (LOS) - There will be no
interim payment for cases with an exceptionally long LOS.
The hospital will submit a single claim for the discharge.
For certain high cost cases, providers may request an
interim payment, that is, a payment prior to the discharge of
the patient when the discharge is not likely to occur in the
near future. Cases that are approved by the State for
reimbursement on an interim payment basis must meet all of
the following conditions: (1) length of stay over one year,
and (2) over one million dollars in costs as determined in the
paragraph above, and (3) attempts to find non-acute care
placements have proven unsuccessful and are documented to
the State's satisfaction. Interim payment cases will be
subject to the same outlier payment calculations as described
in the paragraph above and reimbursed at the outlier amount
less a 5% discount. Interim payments that are renewed must
meet all of the following conditions: (1) an additional length
of stay over one year (2) an additional one million dollars in
costs as determined in the paragraph above and (3) continued
attempts to find non-acute care placements have proven
unsuccessful and are documented to the State's satisfaction.
Any interim payment cases that are renewed will also be
subject to the same outlier payment calculations as described
in the paragraph above and reimbursed at the outlier amount
less a 5% discount.
Transplants - Transplant cases will be treated as outliers
and, when appropriate, will be subject to the outlier payment
policy. Organ acquisition costs will not reimbursed
separately, but will be included in the per discharge rate.
Transfers/readmissions - There will be no distinct
payment policy for transfers/ readmissions between
hospitals. These cases will be paid on a discharge basis. The
PRO will conduct a periodic review to monitor these types of
cases and determine that discharges are appropriate.
Split bills - For in-State cases and Out-of-State hospitals
receiving per diem payment that span FY94 and FY95, the
cost associated with the days in FY94 will be reimbursed
using the current methodology. The full per-discharge rate
will be paid for the days of care in FY95. Out of State
hospitals who already use DRGs or a per discharge
methodology will be paid the per discharge rate for all
discharges on or after July 1, 1994.
DEPARTMENT OF INSURANCE
Statutory Authority: 18 Delaware Code
Sections 311 and 2312 (18 Del.C. §§ 311, 2312)
Notice of Public Hearing
Insurance Commissioner Donna Lee H. Williams
hereby gives notice that a public hearing will be held on
Tuesday December 3, 2002, at 2:00 p.m. in the Executive
Conference Room of the Delaware Department of Insurance,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
594 PROPOSED REGULATIONS
841 Silver Lake Boulevard, Dover, Delaware. The hearing is
to consider amendments to Regulation 80 relating to the
standards for prompt, fair and equitable settlement of claims
for health care services.
The purpose for amending Regulation 80 is to re-define
certain terms and to reduce the number of days in which a
health insurer may pay a clean claim from 45 to 30.
Additionally, the regulation will be re-numbered to conform
to the format required by the Registrar of Regulations.
The hearing will be conducted in accordance with the
Delaware Administrative Procedures Act, 29 Del. C.
Chapter 101. Comments are being solicited from any
interested party. Comments may be in writing or may be
presented orally at the Hearing. Written comments must be
received by the Department of Insurance no later than
Tuesday December 3, 2002, at 2:00 p.m. and should be
addressed to Deputy Attorney General Michael J. Rich,
Delaware Department of Insurance, 841 Silver Lake
Boulevard, Dover, DE 19904. Those wishing to testify or
give an oral statement must notify Michael J. Rich at (302)
739-4251, Ext. 171 no later than Monday, December 2,
2002.
Regulation 80
Standards For Prompt, Fair And Equitable Settlement
Of Claims
For Health Care Services
Adopted and signed on July 2, 1998
Effective November 4, 1998
Amended effective _______
1.0 Authority
2.0 Definitions
3.0 Scope
4.0 Purpose
5.0 Prompt Payment of Claims
6.0 General Business Practice
7.0 Penalties
8.0 Causes of Action
9.0 Separability
10.0 Effective Date
1.0 Authority
This regulation is adopted by the Commissioner
pursuant to 18 Del.C. §§ 311, 2304(16), and 2312. It is
promulgated in accordance with 29 Del. C. Chapter 101.
2.0 Definitions
For the purpose of this regulation, the following
definitions shall apply:
a. Health Insurer — health insurance companies, health
maintenance organizations, health service corporations and
any other entity providing a plan of health insurance or
benefits subject to state insurance regulations.
b. Health Care Provider — any entity or individual
licensed, certified or otherwise permitted by law to provide
health care in the ordinary course of business, practice or
profession.
c. Policyholder — a person covered under a health
insurance policy or a representative designated by such
person and entitled to make claims on his or her behalf.
d. Clean Claim — a claim that has no defect or
impropriety (including any lack of any required
substantiating documentation) or particular circumstance
requiring special treatment that substantially prevents timely
payments from being made on the claim.
2.1 "Carrier" or "Health Insurer" shall have the
same meaning applied to it by 18 Del.C. § 3343(a)(1).
2.2 "Clean Claim" shall mean a claim that has no
defect or impropriety (including any lack of any required
substantiating documentation) or particular circumstance
requiring special treatment that substantially prevents timely
payments from being made on the claim.
2.3 "Health Care Provider" shall mean any entity or
individual licensed, certified or otherwise permitted by law
pursuant to Titles 16 or 24 of the Delaware Code to provide
health care services.
2.4 "Policyholder," "Insured" or "Subscriber" shall
be a person covered under a health insurance policy or a
representative designated by such person and entitled to
make claims on his or her behalf.
3.0 Scope
This regulation shall apply to all health insurers as
defined in Section 2.0 above, and shall apply to all plans or
policies of health insurance or benefits delivered or issued
for delivery in this State and which cover residents of this
State or employees of employers located in this State and
their dependents. Exempted from the provisions of this
regulation are policies of automobile and workers
compensation insurance, hospital income and disability
income insurance, Medicare supplement and long-term care
insurance.
4.0 Purpose
The purpose of this regulation is to ensure that health
insurers pay claims to policyholders and health care
providers in a timely manner. This regulation will establish
standards for both determining promptness in settling claims
and determining the existence of a general business practice
for failing to promptly settle such claims under 18 Del. C. §
2304(16).
5.0 Prompt Payment of Claims
5.1 A health insurer shall pay a clean claim to a
policyholder or covered person, or make payment to a health
care provider no later than 30 45 calendar days after receipt
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 595
of a clean claim or bill for services.
5.2 A claim is not a clean claim as defined in section 2
d. 2.2 if any of the following circumstances exist:
5.2.1 Where the obligation of a health insurer to
pay a claim or make a payment for health care services
rendered is not reasonable clear due to a good faith dispute
regarding the eligibility of a person for coverage, the liability
of another insurer or corporation for all or part of a claim, the
amount of the claim, the benefits covered under a contract or
agreement, or the manner in which services were accessed or
provided.
5.2.2 Where there exists a reasonable basis
supported by specific information,
available for review by the Department, that such claim was
submitted fraudulently.
5.2.3. For claims properly disputed or litigated
and subsequently paid.
5.3 In those cases covered by subparagraph b(1) above
section 5.2.1, a health insurer shall pay all portions of a
claim meeting the definition of clean claim found in section
2 d. in accordance with subsection 5 a hereof this section.
Additionally, a health insurer shall notify the policyholder in
writing within 3015 days of the receipt of the claim:
5.3.1 that such carrier is not obligated to pay the
claim or make the medical payment, in whole or in part,
stating the specific reasons why it is not liable; or
5.3.2 that additional information is needed and
is being sought to determine liability to pay the claim or
make the healthcare payment.
5.4 Upon receipt of the information provided in
subparagraph c(2) above required by section 5.3.2, or upon
the administrative resolution of a dispute wherein the health
insurer is deemed obligated to pay the claim or make
medical payment, a health insurer shall comply with
paragraph "a." of this section make payment as required by
section 5.1.
6.0 General Business Practice
6.1 Within a 36 month period, three instances of a
health insurer’s failure to pay a Claim or bill for services
promptly, as defined in section 5 above, shall give rise to a
rebuttable presumption that the insurer is in violation of 18
Del.C. §2304(16)(f). In determining whether the
presumption is rebutted the Commissioner may consider,
among other things, whether the health insurer meets
nationally recognized timeline standards for claims
payments such as those applicable to the Medicare,
Medicaid or Federal Employees Health Benefit Plan
programs.
6.2 The 36 month time period established in paragraph
"a." above section 6.1 shall be measured based upon the
date the claims or bills became due. Each claim or bill, or
portion of a claim or bill, pertaining to a single medical
treatment or procedure provided to an individual
policyholder that is processed in violation of this regulation
shall constitute an "instance" as described in paragraph "a."
above section 6.1.
7.0 Penalties
In addition to the imposition of penalties in accordance
with 18 Del.C. § 2312(b), the Commissioner may order the
health insurer to pay to the health care provider or claimant,
in full settlement of the claim or bill for health care services,
the amount of the claim or bill plus interest at the maximum
rate allowable to lenders under 6 Del.C. 2301(a). Such
interest shall be computed from the date the claim or bill for
services first became due.
8.0 Causes of Action
This regulation shall not create a cause of action for any
person or entity, other than the Delaware Insurance
Commissioner, against a health insurer or its representative
based upon a violation of 18 Del. C. § 2304 (16).
9.0 Separability
If any provision of this regulation or the application of
any such provision to any person or circumstances, shall be
held invalid, the remainder of such provisions, and the
application of such provision to any person or circumstance
other than those as to which it is held invalid, shall not be
affected.
10.0 Effective Date
This regulation, as amended, shall become effective 120
90 days from the date signed by the Commissionerafter its
publication in the Register of Regulations.
ADOPTED AND SIGNED BY THE COMMISSIONER
_______________, 2003
DEPARTMENT OF INSURANCE
Statutory Authority: 18 Delaware Code
Sections 311 and 2312 (18 Del.C. §§ 311, 2312)
Notice of Public Hearing
Insurance Commissioner Donna Lee H. Williams
hereby gives notice that a PUBLIC HEARING will be held
on Tuesday, December 3, 2002 at 9:30 a.m. in the Second
Floor Conference Room of the Delaware Department of
Insurance, 841 Silver Lake Boulevard, Dover, Delaware.
The Hearing is to consider implementation of Regulation 86
entitled "Standards for Safeguarding Customer
Information."
The purpose of the Regulation is to establish standards
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
596 PROPOSED REGULATIONS
for developing and implementing administrative, technical
and physical safeguards to protect the security,
confidentiality and integrity of customer information,
pursuant to Sections 501, 505(b), and 507 of the Gramm-
Leach-Bliley Act, codified at 15 U.S.C. 6801, 6805(b) and
6807.
The Hearing will be conducted in accordance with the
Delaware Administrative Procedures Act, 29 Del. C.
Chapter 101. Comments are being solicited from any
interested party. Comments may be in writing or may be
presented orally at the Hearing. Written comments must be
received by the Department of Insurance no later than
Wednesday, December 4, 2002, and should be addressed to
Deputy Attorney General Michael J. Rich, Delaware
Department of Insurance, 841 Silver Lake Boulevard,
Dover, DE 19904. Those wishing to testify or give an oral
statement must notify Joan Zimmerman at (302) 739-4251,
Ext. 157 no later than Monday, December 2, 2002.
Regulation 86
Standards For Safeguarding Customer Information
Table of Contents
1.0 Authority
2.0 Definitions
3.0 Information Security Program
4.0 Objectives of Information Security Program
5.0 Examples of Methods of Development and
Implementation
6.0 Assess Risk
7.0 Manage and Control Risk
8.0 Oversee Service Provider Arrangements
9.0 Adjust the Program
10.0 Determined Violation
11.0 Effective Date
1.0 Authority
1.1 This regulation is promulgated pursuant to 18
Del.C. §§ 311, 535.
1.2 This regulation establishes standards for developing
and implementing administrative, technical and physical
safeguards to protect the security, confidentiality and
integrity of customer information, pursuant to Sections 501,
505(b), and 507 of the Gramm-Leach-Bliley Act, codified at
15 U.S.C. 6801, 6805(b) and 6807.
1.2.1 Section 501(a) provides that it is the policy
of the Congress that each financial institution has an
affirmative and continuing obligation to respect the privacy
of its Customers and to protect the security and
confidentiality of those customers' nonpublic personal
information.
1.2.2 Section 501(b) requires the state insurance
regulatory authorities to establish appropriate standards
relating to administrative, technical and physical safeguards:
1.2.2.1 to ensure the security and
confidentiality of customer records and information;
1.2.2.2 to protect against any anticipated
threats or hazards to the security or integrity of such records;
and
1.2.2.3 to protect against unauthorized access
to or use of records or information that could result in
substantial harm or inconvenience to a customer.
1.2.3 Section 505(b)(2) calls on state insurance
regulatory authorities to implement the standards prescribed
under Section 501(b) by regulation with respect to persons
engaged in providing insurance.
1.2.4 Section 507 provides, among other things,
that a state regulation may afford persons greater privacy
protections than those provided by subtitle A of Title V of
the Gramm-Leach-Bliley Act. This regulation requires that
the safeguards established pursuant to this regulation shall
apply to nonpublic personal information, including
nonpublic personal financial information and nonpublic
personal health information.
2.0 Definitions
For purposes of this regulation, the following definitions
apply:
2.1 "Customer" means a customer of the licensee as
the term customer is defined in Delaware Insurance
Department Regulation 84 Section 4.
2.2 "Customer information" means nonpublic
personal information as defined in Delaware Insurance
Department Regulation 84 section 4.16 and 4.17 about a
customer, whether in paper, electronic or other form, that is
maintained by or on behalf of the licensee.
2.3 "Customer information systems" means the
electronic or physical methods used to access, collect, store,
use, transmit, protect or dispose of customer information.
2.4 "Licensee" means a licensee as that term is defined
in Delaware Insurance Department Regulation 84 section
4.17, except that "licensee" shall not include: a purchasing
group pursuant to 18 Del.C. Chapter 80, or an unauthorized
insurer in regard to the excess line business conducted
pursuant to 18 Del. C. Chapter 19.
Drafting Note: Although service contract providers
and extended warranty providers are "licensees" under the
insurance laws of many states, they are not so defined under
Delaware law.
2.5 "Service provider" means a person that maintains,
processes or otherwise is permitted access to customer
information through its provision of services directly to the
licensee.
3.0 Information Security Program
Each licensee shall implement a comprehensive written
information security program that includes administrative,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 597
technical and physical safeguards for the protection of
customer information. The administrative, technical and
physical safeguards included in the information security
program shall be appropriate to the size and complexity of
the licensee and the nature and scope of its activities.
4.0 Objectives of Information Security Program
A licensee's information security program shall be
designed to ensure the security and confidentiality of
customer information, protect against any anticipated threats
or hazards to the security or integrity of the information; and
protect against unauthorized access to or use of the
information that could result in substantial harm or
inconvenience to any customer.
5.0 Examples of Methods of Development and
Implementation
The actions and procedures described in Sections 6
through 9 of this regulation are examples of methods of
implementation of the requirements of Sections 3 and 4 of
this regulation. These examples are non-exclusive
illustrations of actions and procedures that licensees may
follow to implement Sections 3 and 4 of this regulation.
6.0 Assess Risk
The licensee:
6.1 Identifies reasonably foreseeable internal or
external threats that could result in unauthorized disclosure,
misuse, alteration or destruction of customer information or
customer information systems;
6.2 Assesses the likelihood and potential damage of
these threats, taking into consideration the sensitivity of
customer information; and
6.3 Assesses the sufficiency of policies, procedures,
customer information systems and other safeguards in place
to control risks.
7.0 Manage and Control Risk
The licensee:
7.1 Designs its information security program to control
the identified risks, commensurate with the
sensitivity of the information, as well as the complexity and
scope of the licensee's activities;
7.2 Trains staff, as appropriate, to implement the
licensee's information security program; and
7.3 Regularly tests or otherwise regularly monitors the
key controls, systems and procedures of the information
security program. The frequency and nature of these tests or
other monitoring practices are determined by the licensee's
risk assessment.
8.0 Oversee Service Provider Arrangements
The licensee:
8.1 Exercises appropriate due diligence in selecting its
service providers; and
8.2 Requires its service providers to implement
appropriate measures designed to meet the objectives of this
regulation, and, where indicated by the licensee's risk
assessment, takes appropriate steps to confirm that its
service providers have satisfied these obligations.
9.0 Adjust the Program
The licensee monitors, evaluates and adjusts, as
appropriate, the information security program in light of any
relevant changes in technology, the sensitivity of its
customer information, internal or external threats to
information, and the licensee's own changing business
arrangements, such as mergers and acquisitions, alliances
and joint ventures, outsourcing arrangements and changes to
customer information systems.
10.0 Determined Violation
Repeated failure to comply with this Regulation will be
grounds for investigation and enforcement as an unfair
practice in the insurance business pursuant to 18 Del. C.
Chapter 23.
11.0 Severability
If any section or portion of a section of this regulation or
its applicability to any person or circumstance is held invalid
by a court, the remainder of the regulation or the
applicability of the provision to other persons or
circumstances shall not be affected.
12.0 Effective Date
This regulation shall become effective on February 1,
2003.
ADOPTED AND SIGNED BY THE COMMISSIONER
______________________, 2003
DEPARTMENT OF INSURANCE
Statutory Authority: 18 Delaware Code
Sections 311 and 2312 (18 Del.C. §§ 311, 2312)
Public Notice
Insurance Commissioner Donna Lee H. Williams
hereby gives public notice of proposed Regulation 87
relating to the USE OF CREDIT INFORMATION by
insurance companies issuing automobile and homeowners
policies in the State of Delaware.
The purposes for promulgating Regulation 87 are:
• To prohibit insurers from engaging in unfair
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
598 PROPOSED REGULATIONS
discrimination in the offering or granting of
insurance due to the grouping of risks based on
criteria which are not actuarially supported and
shown to be relevant to risk.
• To prohibit insurers from engaging in unfair
discrimination in the cancellation or non-renewal of
insurance coverage based on criteria which are not
actuarially supported and shown to be relevant to
risk or experience.
• To assure that consumers, whether on initial
application or renewal, are given notice when credit
reports will be requested and reviewed in
connection with a consumer’s eligibility for and/or
the continuance of insurance coverage and/or a
consumer’s tier or level of premium payment.
• To prohibit the practice of assigning a consumer to
a premium level based solely on the consumer’s
credit rating or credit score.
• To assure that, if used, credit information obtained
by the insurer shall be utilized consistently within
the insurer’s book of business even though one or
more affiliated companies may decline to use credit
information or to utilize credit scoring as a factor in
its rate making.
• To assure that the consumer has adequate relief
from any adverse action taken by an insurer through
the use of credit scoring.
Public hearings will be held in each county. Notice of
the public hearings will be published on the Insurance
Commissioner’s webpage, www.sate.de.us/incom and in the
Delaware State News and News Journal newspapers.
Comments are being solicited from any interested party.
Comments must be in writing and be received by the
Department of Insurance no later than January 24, 2003.
Written comments should be addressed to Deputy Attorney
General Michael J. Rich, Delaware Department of
Insurance, 841 Silver Lake Boulevard, Dover, DE 19904.
Regulation No. 87
Use Of Credit Information
1.0 Authority
2.0 Scope
3.0 Purpose
4.0 Definitions
5.0 Prohibited Practices
6.0 Written Notice to Consumers
7.0 Corrections to a Consumer’s Credit Score
8.0 General Business Practices
9.0 Confidentiality
10.0 Severability
11.0 Causes of Action and Defenses
12.0 Effective Date
1.0 Authority
This regulation is adopted by the Commissioner
pursuant to the authority granted by 18 Del. C. §§ 311, 2501,
2304(15)(c), and 2312, and promulgated in accordance with
the Delaware Administrative Procedures Act, Title 29 Del.C.
Chapter 101.
2.0 Scope
This regulation shall apply to all insurers offering
automobile, property, surety and/or casualty insurance for
personal or family protection. This regulation shall not
apply to any line of commercial insurance.
3.0 Purpose
The purposes of this regulation are:
3.1 To prohibit insurers from engaging in unfair
discrimination in the offering or granting of insurance due to
the grouping of risks based on criteria which are not
actuarially supported and shown to be relevant to risk.
3.2 To prohibit insurers from engaging in unfair
discrimination in the cancellation or non-renewal of
insurance coverage based on criteria which are not
actuarially supported and shown to be relevant to risk or
experience.
3.3 To assure that consumers, whether on initial
application or renewal, are given notice when credit reports
will be requested and reviewed in connection with a
consumer’s eligibility for and/or the continuance of
insurance coverage and/or a consumer’s tier or level of
premium payment.
3.4 To prohibit the practice of assigning a consumer to
a premium level based solely on the consumer’s credit rating
or credit score.
3.5 To assure that, if used, credit information obtained
by the insurer shall be utilized consistently within the
insurer’s book of business even though one or more
affiliated companies may decline to use credit information or
to utilize credit scoring as a factor in its rate making.
3.6 To assure that the consumer has adequate relief
from any adverse action taken by an insurer through the use
of credit scoring.
4.0 Definitions
4.1 "Adverse action" has the meaning given that term
in the Fair Credit Reporting Act, 15 U.S.C. sec. 1681 et seq.
An adverse action includes but is not limited to the
following:
4.1.1 Cancellation, denial or nonrenewal of
insurance coverage;
4.1.2 Charging a higher insurance premium than
would have been offered if the credit history or insurance
score had been more favorable, whether the charge is by:
4.1.2.1 application of a rating rule;
4.1.2.2 assignment to a rating category within
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PROPOSED REGULATIONS 599
a single insurer, into which insureds with substantially like
insuring, risk or exposure factors and expense elements are
placed for purposes of determining rate or premium, that
does not have the lowest available rates; or
4.1.2.3 placement with an affiliate insurer
that does not offer the lowest rates available to the consumer
within the affiliate group of insurers; or
4.1.3 A reduction or an adverse or unfavorable
change in the terms of coverage or amount of insurance
owing to a consumer’s credit history or insurance score. A
reduction or an adverse or unfavorable change in the terms
of coverage occurs when:
4.1.3.1 coverage provided to the consumer is
not as broad in scope as coverage requested by the consumer
but available to other insureds of the insurer or any affiliate;
or
4.1.3.2 the consumer is not eligible for
benefits such as dividends that are available through affiliate
insurers.
4.1.4 Notwithstanding the foregoing, a decision
to reject an insurance application, to deny renewal or to
condition renewal, to assign an applicant or renewal to a tier,
class or group, or to issue the policy based on or with
restrictions that would not apply but for the consideration of
the credit report.
4.2 "Commissioner" shall mean the Insurance
Commissioner of the State of Delaware, or any person
designated by the Commissioner to enforce the provisions of
this regulation or any related statute or regulation.
4.3 "Credit report" means any written, oral, or other
communication of any information by a consumer reporting
agency (as defined in the Federal Fair Credit Reporting Act)
bearing on a consumer's credit worthiness, credit standing, or
credit capacity, which is used or expected to be used or
collected in whole or in part for the purpose of serving as a
factor in establishing the consumer's eligibility for personal
lines automobile or homeowner insurance to be used
primarily for person, family, or household purposes.
4.4 "Credit score" means any alpha, numeric and/or
alpha-numeric rating or classification of any person based on
information contained in said person’s credit report created
by an insurer or any person, firm or entity for use by an
insurer.
4.5 "Document" or "public record" shall have the
same meaning as described in 29 Del.C. § 10002(d) and 18
Del. C. §§ 320, 321.
4.6 "Insurance score" shall have the same meaning as
"credit score."
4.7 "Insured," "policyholder" or "consumer" shall
mean the applicant(s) for coverage or named policyholder
who shall have an insurable interest in the property to be
covered as defined by 18 Del.C.§ 2706.
Drafting Note: A spouse of an insured who has no
title interest and/or who has not co-signed a note and/or
mortgage for the real property to be insured does not have
an insurable interest in the real property to be insured.
5.0 Prohibited Practices
5.1 No credit report or credit score shall be valid or
utilized if it is based or utilizes in any manner, factors which
include any or all of race, color, creed, sex, religion, national
origin, place of residency, marital status, nature of
employment, physical handicap, or any similar category
prohibited by federal or state law.
5.2 No insurer shall utilize a credit report or score as
part of its rating or underwriting criteria unless it shall have
first obtained authority to do so as part of its rate filing and
shall have filed such supporting models, algorithms,
actuarial and statistical data and reports sufficient, in the
discretion of the Commissioner, to permit the Commissioner
to determine that the use of such credit report or score shall
not:
5.2.1 unfairly discriminate or assign a consumer
to a class or tier based on criteria which are not actuarially
supported and shown to be relevant to risk or experience, or
5.2.2 be the sole basis upon which the insurer
denies coverage, assigns the consumer to a more expensive
premium class or tier and/or refuses to renew consumer’s
insurance coverage.
5.3 No insurer shall be permitted to use the services of
a third party to develop a credit report or credit score unless
the third party shall, without qualification, consent to
provide any information, documents, reports, actuarial and/
or statistical bases or models, or other such information
required by the Commissioner as part of the insurer’s rate
approval process.
5.4 In rating a policy or assigning a consumer to a
premium level or tier, no insurer shall be permitted to
consider the credit report or score of any person other than
the named policyholder or person(s) who have an insurable
interest to be covered under the policy.
5.5 No insurer, or entity from which the insurer may
obtain credit scoring information, shall be permitted to
obtain credit information about any current or prospective
policyholder except as may be expressly permitted by the
laws of the United States or the State of Delaware.
5.6 No insurer shall be permitted to use obsolete
information which shall be defined as follows:
5.6.1 Bankruptcies which, from date of
adjudication of the most recent bankruptcy, antedate the
report by more than 14 years;
5.6.2 Suits and judgments which, from date of
entry, antedate the report by more than 7 years or until the
governing statute of limitations has expired, whichever is the
longer period;
5.6.3 Paid tax liens which, from date of
payment, antedate the report by more than 7 years;
5.6.4 Accounts placed for collection or charged
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
600 PROPOSED REGULATIONS
to profit and loss which antedate the report by more than 7
years;
5.6.5 Records of arrest, indictment, or
conviction of crime which, from date of disposition, release,
or parole, antedate the report by more than 7 years; and
5.6.6 Any other adverse item of information
which antedates the report by more than 7 years.
5.7 No insurer shall be permitted to penalize, impose a
higher rate or take any action adverse or detrimental to a
current or prospective policyholder because such person
shall or may have refused to authorize the release of credit
information or may have an unacceptable number of credit
inquiries.
5.8 No insurer shall be permitted to penalize, impose a
higher rate or take any action adverse or detrimental to a
current or prospective policyholder because such person
shall have no credit history or a credit history that has
insufficient activity upon which to calculate a credit score.
5.9 No insurer shall, by underwriting standards or
practices, use a consumer’s credit score inconsistent with or
violation of this regulation.
6.0 Written Notice to Consumers
6.1 No denial of an application or refusal to issue
insurance based on credit scoring or information contained
in a consumer’s credit report shall be valid unless, in
addition to any other requirements that may apply, the
insurer includes on the face of the application the following
statement or a statement substantially similar to it in
boldface type in a font no smaller than the regular text of the
notice: "This application may be denied based on
information contained in a credit report relating to you and/
or someone else who resides in your household."
6.2 No refusal to renew or cancellation of insurance
based on credit scoring or information contained in an
insured’s credit report shall be valid unless, in addition to
any other requirements that may apply, the insurer includes
in the notice of intent not to renew the following statement or
a statement substantially similar to it in boldface type in a
font no smaller than the regular text of the notice: "This
(nonrenewal)(cancellation) is based on information
contained in a credit report relating to you and/or someone
else who resides in your household."
6.3 A notice denying an application for insurance or a
notice refusing to renew or cancel insurance shall contain the
following:
6.3.1 The name, address and toll free number of
the institutional source from whom the insurer obtained the
credit information;
6.3.2 A summary of the most significant reasons
for the adverse action that relate to the consumer’s credit
history or to the credit factors of the credit score. The
reasons need not exceed four, shall be in the order of
decreasing importance, shall be specific and shall identify
the information associated with each reason. The notice shall
be sufficiently clear and specific that a consumer of
reasonable intelligence can identify the basis for the
insurer’s decision without making further inquiry. For the
purpose of the summary, the use of a generalized term such
as "poor credit history," "poor credit rating," or "poor credit
score" does not meet the requirement of a sufficiently clear
and specific summary.
6.3.3 A statement advising the insured that, if
the insured wishes to inquire further about the credit
information on which the refusal, denial or nonrenewal is
based and obtain a free copy of the "consumer report," the
insured may do so by mailing a written request to the insurer,
or such other party as the insurer shall identify in the notice,
no more than ten days after the date on which the notice of
refusal, denial or nonrenewal was mailed to the insured.
6.3.4 A statement that the consumer reporting
agency that provided the information upon which the credit
score was based did not make the decision to take the
adverse action and is unable to provide the insured the
specific reasons why the adverse action was taken.
6.4 If the insured submits such written notification, the
refusal, denial or nonrenewal shall not become effective
until thirty days after the accuracy of the credit information,
which the insured has questioned and on which the refusal,
denial or nonrenewal was based, has been verified and
communicated to the insured. Such verification shall be
deemed to have been made upon completion of the
investigation of the credit information which the insured has
questioned and on which the refusal, denial or nonrenewal
was based. The insured must cooperate in the investigation
of the credit information, including responding to any
communication submitted by, or on behalf of, the insurer no
more than ten days after the date on which such
communication was mailed to the insured. If the insured fails
to cooperate in the investigation of the credit information,
the insurer may, after providing fifteen days' written notice
to the insured, terminate such investigation and may refuse,
deny or nonrenew the policy.
6.5 An insurer may require that an insured submit
written documentation authorizing the insurer, or such other
party as the insurer shall identify, to perform the
investigation of the credit information. The insured shall be
obligated to pay any pro rata premium due for insurance
provided during the period in which the investigation of the
credit information is pending up to the date on which the
policy refusal, denial or nonrenewal becomes effective.
Although the obligations imposed upon an insurer by this
subdivision may be satisfied by a third party who agrees, and
is authorized, to act on behalf of the insurer, the insurer shall
remain responsible for compliance with the obligations
imposed by this subdivision.
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PROPOSED REGULATIONS 601
7.0 Corrections to a Consumer’s Credit Score
7.1 When an insurer uses credit histories or credit
scores for the purpose of rating, if the insurer receives notice
of corrected information affecting the credit history or the
credit factors of the credit score of a consumer from the
consumer reporting agency of the insurer, the insurer shall
correct the consumer’s credit score or obtain a corrected
credit score or credit history, as appropriate, based on the
corrected information.
7.2 When an insurer has taken an adverse action against
a consumer on the basis of the consumer’s credit history or
the credit factors of the consumer’s credit score, if the
insurer subsequently makes or obtains a correction under
section 7.1, the insurer shall determine the difference
between the premium paid by the consumer based on the
mistaken credit history or credit score and the premium
based on the current history or score. If the policy period is
12 months or more, the difference shall be determined for
the most recent 12 months. If the policy period is less than
12 months, the difference shall be determined for the current
period of the policy. If the difference is in favor of the
consumer, the insurer shall credit or refund the difference to
the consumer. If the difference is in favor of the insurer, the
insurer may charge the difference to the consumer or collect
the difference from the consumer.
8.0 General Business Practices
8.1 Any insurer that elects to use credit scoring to
determine, in whole or in part, the premium to be paid by the
insured or the tier or class of risk to which the insured shall
be assigned, shall be deemed to have done so under the
provisions of 18 Del. C. Chapter 25.
8.2 No insurer shall implement credit scoring for rate
making or underwriting purposes without first having
obtained the approval of the Commissioner as part of a rate
filing under 18 Del. C. Chapter 25.
8.3 No insurer shall alter or modify the approved tier or
classification structure or change the premiums applicable to
any such tier or classification system without having first
obtained the Commissioner’s approval to do so under 18
Del. C. Chapter 25.
8.4 Affiliated companies may make independent
decisions with respect to the use of credit information or
credit scores, but any insurer or insurance company, or
affiliate thereof, having elected to use such information
shall apply the information uniformly and consistently
within the company’s book of business.
8.5 Any insurer that requests or utilizes credit reports in
consideration of an application for personal lines automobile
or homeowners insurance shall maintain evidence of its
compliance in its regular business files at its principal place
of business. Such evidence need not be in any particular
form, so long as it is sufficient to reasonably demonstrate
compliance. Such evidence shall be made available for
review and examination by the Commissioner. When an
insurer denies or fails to renew a policy, evidence of the
notice of denial or nonrenewal shall be retained by the
insurer, and a record of the contents of the credit report shall
be maintained by the insurer or pursuant to the insurer's
agreement with the consumer reporting agency for a
sufficient time to be available during the next market
conduct examination by the Commissioner.
9.0 Confidentiality
Any document, report, model or other supporting
information, irrespective of the format or media in which it
is contained, shall be considered a public document and
subject to the confidentiality provisions of 18 Del. C. §
321(g) and/or, upon the request of the insurer or owner of the
document, 29 Del. C. § 10002(d)(2). In the event there is a
dispute with respect to the confidentiality of a document, the
Commissioner shall make the final determination of whether
any part or the whole of a disputed document shall be given
confidential treatment.
10.0 Severability
If any provision of this Regulation or the application of
any such provision to and person or circumstance shall be
held invalid the remainder of such provisions, and the
application of such provision to any person or circumstance
other than those as to which it is held invalid, shall not be
affected.
11.0 Causes of Action and Defenses
This regulation shall not create a cause of action for any
person or entity, other than the Delaware Insurance
Commissioner, against an insurer or its representative based
upon a violation of 18 Del. C. § 2304(15)(c). In the same
manner, nothing in this regulation shall establish a defense
for any party to any cause of action based upon a violation of
18 Del. C. § 2304(15)(c).
12.0 Effective Date
This regulation shall become effective 30 days after
publication in the Delaware Register of Regulations.
Adopted and Signed By The Commissioner, ________2003
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
602 PROPOSED REGULATIONS
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Statutory Authority: 29 Delaware Code,
Section 8503(7)
Clean Indoor Air Act Regulations
Notice of Public Comment
Interested parties are invited to present their views at the
public hearing which is scheduled as follows:
9:00 a.m., Friday, November 22, 2002
Delaware Department of Education Cabinet Room
Room 278, Second Floor, Townsend Building
401 Federal Street
Dover, DE 19901
Interested parties can obtain copies of the proposed
regulations at no charge by contacting the Office of Labor
Law Enforcement at the above address, or by telephone at
(302) 761-8318.
Delaware Clean Indoor Air Act Regulations
Adopted:9/15/95
I. Introduction.
The General Assembly finds that it is in the best interest
of the people of this State to protect non-smokers from
involuntary exposure to environmental tobacco smoke in
most indoor areas open to the public, in public meetings,
food service establishments, and places of employment.
The General Assembly recognizes that a balance should
be struck between the health concerns of nonconsumers of
tobacco products and the need to minimize unwarranted
governmental intrusion into and regulation of private spheres
of conduct and choice with respect to the use or nonuse of
tobacco products in certain designated public areas and in
private places. Therefore, the General Assembly declares
that the purpose of the "Clean Indoor Air Act" is to preserve
and improve the health, comfort and environment of the
people of this State by limiting exposure to tobacco smoke.
The Department of Labor has been charged with the
enforcement of this Act as it applies to employers,
employees, places of employment and the work place.
II. Definitions
The words, terms and phrases used in these Regulations,
shall have the meaning ascribed to them in this section,
except where the context clearly indicates a different
meaning.
1. "Act" means 16 Del.C. §§2901 et seq., the
"Clean Indoor Air Act".
2. "Employer" means any person, partnership,
association, corporation or nonprofit entity that employs one
or more persons, including the legislative, executive, and
judicial branches of state government; any county, city,
town, village or political subdivision of the state, public
improvement or special district, public authority,
commission, agency or public benefit corporation; or any
other separate corporate instrumentality or unit of state or
local government.
C. "Place of employment" means any indoor area
or portion thereof under the control of an employer in which
employees of the employer perform services, but that is not
generally accessible to the public.
D. "Smoke-free work area" means an indoor area
in a place of employment where no smoking occurs. Such
area shall be clearly designated and separate from any
smoking area.
E. "Smoking" means the burning of a lighted
cigarette, cigar, pipe or any other matter or substance that
contains tobacco.
F. "Smoking area" means an enclosed indoor area
in which smoking is permitted. Such smoking area shall be
clearly designated and separate from any area in which
smoking is not permitted. In a place of employment, the
smoking area shall be separated from a smoke-free work
area by walls or some other means equally effective in
reducing the effects of smoke on the smoke-free work area,
other than ventilation systems or air cleaning devices.
G. "Work area" means an area in a place of
employment where one or more employees are routinely
assigned and perform services for their employer.
III. Requirements In Places Of Employment.
A. Written Smoking Policy. Each employer shall adopt
and implement a written smoking policy that contains at
least the following:
1. the provision of a work area where no smoking
occurs for each employee who requests one;
2. a notice that the employer is not required to
incur any expense to make structural or physical
modifications to accommodate individual preferences. If a
satisfactory accommodation cannot be reached, the
preferences of non-smoking employees shall prevail;
3. the provision that the employer may set aside a
work area for smoking;
4. the provision of non-smoking areas in
employee cafeterias, lunch rooms and lounges. The nonsmoking
areas in employee cafeterias and lunchrooms shall
be sufficient to meet employee demand;
5. a procedure to resolve employee disputes and
objections arising under the smoking policy; and
6. a statement providing that the employer will
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 603
not retaliate or take any adverse personnel action against any
employee exercising his or her rights under the Act.
B. Postinq of Smokinq Policy. Employers shall
post the smoking policy in normal employee posting areas.
IV. Sign Posting Requirements.
"Smoking" or "No Smoking" signs, or the international
"No Smoking" symbol (which consists of a pictorial
representation of a burning cigarette enclosed in a circle with
a bar across it) shall be prominently posted and properly
maintained where smoking is regulated by the provisions of
the Act. These signs shall be posted and maintained by the
employer, owner, operator, manager or other person having
control of the indoor area of the place of employment.
V. Violations And Administrative Penalties.
1. Violations. The following acts constitute violations
of these regulations:
1. permitting smoking in an area which has
been designated as a non-smoking area;
2. failing to post a non-smoking sign as required
by Section IV;
3. willfully destroying or defacing a required
posted sign;
4. failing to adopt a smoking policy as set forth
in section III, Subsection A; and
5. failing to designate a non-smoking area as
required by these regulations.
2. Administrative Penalties. Any person who violates
any provision of these regulations shall be subject to an
administrative penalty of $25 for the first violation and not
less than $50 for each subsequent violation.
VI. Enforcement.
A. Complaint. Any person may file a complaint with
the Office of Labor Law Enforcement alleging a violation of
any provision of this section. The Complaint shall be in
writing, and shall set forth the specifics of any alleged
violation of the Act. The Complaint shall be directed to the
Administrator of the Office of Labor Law Enforcement.
B. Enforcement Actions. Upon complaint to the Office
of Labor Law Enforcement, the Administrator will assign
the Complaint for investigation to a Labor Law Enforcement
Specialist. The Office of Labor Law Enforcement, upon a
determination that a violation has occurred, shall enforce the
provisions of this section of the Act as follows:
1. The Office of Labor Law Enforcement may
serve notice requiring the prompt correction by the owner,
proprietor, manager or other person having the authority to
manage and control any place of employment, of any
violation of this section. Such notice will give a specified
date on which compliance is required. Follow-up action will
be taken to ensure compliance.
2. If prompt corrective action is not taken in
accordance with the foregoing notice, the Office of Labor
Law Enforcement may issue to any person a citation for
payment of administrative penalties as outlined in Section V,
Subsection B.
C. Waiver of Provisions. The Director of the Division
of Industrial Affairs, upon written request, may waive the
provisions of these Regulations, if it is determined that there
are compelling reasons to do so, providing that such waiver
will not significantly affect the health and comfort of
nonconsumers of tobacco products. The Director shall make
a decision as to whether a waiver should be granted within
thirty (30) days after receipt of the written request. This
waiver may be revoked by the Director at any time should
the Director believe that there are no longer compelling
reasons for the waiver.
VII. Preemption And Severability.
A. Preemption. The provisions of 16 Del.C. §§2901 et
seq. and the provisions of these Regulations shall preempt
and supersede any provisions of any municipal or county
ordinance or regulation on the same subject which were
enacted or adopted after the effective date of the Act.
B. Severability. If any provision of the "Clean Indoor
Air Act" or these Regulations, or any portion thereof or the
application or method of implementation is held invalid, the
remainder of the Act and these Regulations shall not be
affected by such holding and shall remain in full force and
effect.
VIII. Subsequent Modification Of Regulations.
The Secretary of Labor may, upon her/his own motion
or upon the written request of any member of the public
setting forth reasonable grounds therefore, revoke or modify
these regulations, after an opportunity has been given to
members of the public to present their views on the proposed
changes. These regulations shall take effect thirty (30)days
after the date of adoption.
Approved and adopted this 15th day of September, 1995
Darrell J. Minott, Secretary of Labor
Delaware Clean Indoor Air Act Regulations
Pursuant to 29 Del.C. §8503 (7), the Department of
Labor, State of Delaware, hereby promulgates the following
rules and regulations to implement the provisions of 16
Del.C. §2901 et seq., "Clean Indoor Air Act". These
Regulations replace, in their entirety, the Clean Indoor Air
Act Regulations which were adopted on September 15,
1995.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
604 PROPOSED REGULATIONS
1.0 Introduction
1.1 The General Assembly finds that it is in the best
interest of the people of this State to protect nonsmokers
from involuntary exposure to environmental tobacco smoke
in most indoor areas open to the public, public meetings,
food service establishments, and places of employment.
1.2 The General Assembly recognizes that a balance
should be struck between the health concerns of
nonconsumers of tobacco products and the need to minimize
unwarranted governmental intrusion into and regulation of
private spheres of conduct and choice with respect to the use
or nonuse of tobacco products in certain designated public
areas and in private places. Therefore, the General
Assembly declares that the purpose of the "Clean Indoor Air
Act" is to preserve and improve the health, comfort and
environment of the people of this State by limiting exposure
to tobacco smoke.
1.3 The Department of Labor has been charged with the
enforcement of this Act as it applies to employers,
employees, places of employment and the work place.
2.0 Definitions
2.1 The words, terms and phrases used in these
Regulations, shall have the meaning ascribed to them in this
section, except where the context clearly indicates a different
meaning.
"Act" means 16 Del.C. §2901 et seq., the "Clean
Indoor Air Act".
"Employer" means any person, partnership,
association, corporation or nonprofit entity that employs one
or more persons, including the legislative, executive, and
judicial branches of state government; any county, city,
town, village or any other political subdivision of the state,
public improvement or special district, public authority,
commission, agency or public benefit corporation; or any
other separate corporate instrumentality or unit of state or
local government.
"Environmental tobacco smoke" (ETS) is the
complex mixture formed from the escaping smoke of a
burning tobacco product (termed as sidestream smoke) and
smoke inhaled by the smoker. ETS is also frequently
referred to as "passive smoking" or "involuntary smoking."
"Place of employment" means any indoor area or
portion thereof under the control of an employer in which
employees of the employer perform services, but that is not
generally accessible to the public.
"Smoke-free work area" means an indoor area in
a place of employment where no smoking occurs. Such area
shall be clearly designated and separate from any smoking
area.
"Smoking" means the burning of a lighted
cigarette, cigar, pipe or any other matter or substance that
contains tobacco.
"Work area" means an area in a place of
employment where one or more employees are routinely
assigned and perform services for their employer.
3.0 Requirements in Places of Employment.
In order to reduce the levels of exposure to
environmental tobacco smoke, the Clean Indoor Air Act,
specifically 16 Del.C. §2903 (10) provides that no person
shall smoke in any workplace not otherwise exempted by the
law.
4.0 Exemptions
4.1 In accordance with 16 Del.C. §2904, the Act shall
not apply to the following locations:
4.1.1 Private homes, private residences and
private automobiles, provided, however, it shall apply when
such homes, residences or vehicles are being used for child
care or day care, or when the private vehicle is being used
for the public transportation of children or as part of health
care or day care transportation;
4.1.2 Any indoor area where private social
functions are being held when seating arrangements are
under the control of the sponsor of the function and not the
owner, operator, manager or person in charge of such indoor
area;
4.1.3 Limousines under private hire;
4.1.4 A hotel or motel room rented to one or
more guests, provided that the total percentage of such hotel
or motel rooms does not exceed twenty-five percent (25%);
4.1.5 Any fund raising activity or function
sponsored by a volunteer fire company, auxiliary of a fire
company, or a volunteer ambulance or volunteer rescue
company, provided, however, that the fund raising activity
or function takes place upon property owned or leased by the
volunteer fire, rescue or ambulance company;
4.1.6 Any fund raising activity or function
sponsored by a fraternal benefit society as defined by 18
Del.C. §6201, provided, however, that the fund raising
activity or function takes place upon property owned or
leased by said organization.
5.0 Sign Posting Requirements.
"Warning: Smoking Permitted" signs shall be
prominently posted and properly maintained where smoking
is permitted pursuant to section 2904(a)(2) and (4) of the
Act. These signs shall be posted and maintained by the
owner, operator, manager or other person having control of
such area. The letters on such signs shall be at least one (1)
inch in height.
6.0 Violations and Administrative Penalties.
6.1 Violations. The following acts constitute violations
of these regulations:
6.1.1 Permitting smoking in the workplace; and
6.1.2 Failing to post a warning sign as required
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 605
by Section V.
6.2 Administrative Penalties: Any owner, operator,
manager or other person having control of the workplace
who violates any provision of the Act or these regulations
shall be subject to an administrative penalty of $100 for the
first violation and not less than $250 for each subsequent
violation.
7.0 Enforcement
7.1 Complaint. Any person may file a complaint with
the Office of Labor Law Enforcement alleging a violation of
any provision of this Act or regulations. The Complaint
shall be in writing, and shall set forth the specifics of the
alleged violation. The Complaint shall be directed to the
Administrator of the Office of Labor Law Enforcement.
7.2 Inspection. Pursuant to the authority granted under
19 Del.C. §107, the Office of Labor Law Enforcement may
conduct an inspection of any workplace to insure compliance
with the Act.
7.3 Enforcement Actions. Upon complaint to the Office
of Labor Law Enforcement, or a finding of apparent noncompliance
with the Act during a workplace inspection, the
Administrator will assign the case for investigation to a
Labor Law Enforcement Officer. The Office of Labor Law
Enforcement, upon a determination that a violation has
occurred, shall enforce the provisions of this section of the
Act as follows:
7.3.1 The Office of Labor Law Enforcement
may serve notice requiring the prompt correction by the
owner, proprietor, manager or other person having the
authority to manage and control any place of employment, of
any violation of this section. Such notice will give a
specified date on which compliance is required. Follow-up
action will be taken to ensure compliance.
7.3.2 If prompt corrective action is not taken in
accordance with the foregoing notice, the Office of Labor
Law Enforcement may issue to any person a citation for
payment of administrative penalties as outlined in Section
VI, Subsection B.
7.4 Waiver of Provisions. The Secretary of Labor, upon
written request, may waive the provisions of these
Regulations, if it is determined that there are compelling
reasons to do so, providing that such waiver will not
significantly affect the health and comfort of nonconsumers
of tobacco products. The Secretary shall make a decision as
to whether a waiver should be granted within thirty (30) days
after receipt of the written request. The Secretary may
revoke this waiver at any time should the Secretary believe
that there are no longer compelling reasons for the waiver.
8.0 Preemption and Severability.
8.1 Preemption. The provisions of 16 Del.C. §2901 et
seq. and the provisions of these Regulations shall preempt
and supersede any provisions of any municipal or county
ordinance or regulation on the same subject which were
enacted or adopted after the effective date of the Act.
8.2 Severability. If any provision of the "Clean Indoor
Air Act" or these Regulations, or any portion thereof or the
application or method of implementation is held invalid, the
remainder of the Act and these Regulations shall not be
affected by such holding and shall remain in full force and
effect.
9.0 Subsequent Modification of Regulations.
The Secretary of Labor may, upon her/his own motion
or upon the written request of any member of the public
setting forth reasonable grounds therefore, revoke or modify
these regulations, after an opportunity has been given to
members of the public to present their views on the proposed
changes. These regulations shall take effect in accordance
with the provisions of the state's Administrative Procedures
Act (29 Del. C. Ch. 101).
UNEMPLOYMENT INSURANCE APPEAL BOARD
Statutory Authority: 19 Delaware Code,
Section 3321(a) (19 Del.C. §3321(a))
PLEASE TAKE NOTICE, pursuant to 29 Del.C.
Chapter 101 and 19 Del.C. Section 3321(a), the Delaware
Unemployment Insurance Appeal Board ("Board") proposes
to revise its rules and regulations. The proposed revisions
set forth procedural requirements which apply to appeals and
hearings before the Board.
A public hearing will be held on the proposed Rules and
Regulations on Wednesday, December 4, 2002 at 9:00 a.m.
in the First Floor Appeals Hearing Room at the Department
of Labor, 4425 N. Market Street, Wilmington, DE 19809.
The Board will receive and consider input in writing from
any person on the proposed Rules and Regulations. Any
written comments should be submitted to the Board in care
of Helen McClure 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 notify Helen McClure at the above
address or by calling (302) 761-8370.
This notice will be published in two newspapers of
general circulation not less than twenty (20) days prior to the
date of the hearing.
STATE OF DELAWARE RULES AND REGULATIONS
under Part III, Title 19, Delaware Code
Unemployment Compensation
November, 1979
Administered By
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
606 PROPOSED REGULATIONS
Unemployment Insurance Appeal Board
801 West Street, Wilmington, Delaware
UNEMPLOYMENT INSURANCE APPEAL BOARD
STATE OF DELAWARE
RULES AND REGULATIONS
A. REQUEST FOR CONTINUANCES
No continuance, postponement, or rescheduling of any
hearing shall be granted unless application is made to the
Board secretary six days prior to the scheduled date of
hearing. Any other request made after six days prior to the
date of hearing shall be made directly to the Board
Chairman. In such case, a postponement for rescheduling
shall be granted only for emergency circumstances such as
death in the family or serious illness.
B. HEARINGS
Appeals to the Board will be heard upon the evidence in
the record based upon the record before the Appeals Referee.
However, the Board may direct the taking of testimony in
addition to that contained in the record of the Referee's
hearing and, in its discretion, allow any interested party to
offer additional evidence.
The Board shall inquire fully into the facts of the
particular case and shall consider the issues expressly ruled
upon in the decision from which the appeal was filed.
However, any issue in the case may be heard and
determined, although not expressly ruled upon or indicated
as being dealt with at the hearing before the Appeals
Referee, if the speedy administration of justice, without
prejudice to any party, will be substantially served. The
Board of Appeals shall have the power to call, examine and
cross-examine a witness and to request documentary
evidence be admitted into the record. All parties to the
hearing shall be given the opportunity to cross-examine
witnesses, introduce documents and inspect documents.
Upon request of any party, the Board may grant limited
oral argument, neither the facts that should be found nor the
application of legal principles to the facts. The Board may
permit the filing of written briefs by the parties, in their
discretion if they deem that would be beneficial to the
disposition of the appeal.
The hearing, unless otherwise ordered by the Board,
shall be conducted informally, but in such manner to
ascertain the substantial rights of all parties. The statutory
and common law rules of evidence shall apply with the
exception that the Board shall receive and consider medical
and hospital reports and statements from duly licensed
physicians appearing on hospital or physician's stationery or
Department of Labor medical request forms.
All parties are required to be present for a hearing at the
scheduled time. Any party who is not present within 10
minutes after the scheduled time for hearing shall be deemed
to waive his right to participate in said hearing and the
hearing shall conmence without the presence of said party.
Members of the Appeal Board may not participate in the
hearing of any appeal in which he has an interest or feels
that, due to friendship with any participant or witness, he
may not be able to objectively determine the evidence and
apply the law. In such case, the Board member shall
disqualify himself.
Three members of the Board shall constitute a quortun
thereof for the purpose of any hearing.
The Board may sever an appeal or may consolidate two
or more appeals where the interest of justice will be served
and where there will be no prejudice to the substantial rights
of any party.
C. APPEALS FROM DISMISSALS BY APPEAL
REFEREE
In any case where a party's appeal is dismissed by the
Appeals Referee for the failure of that party to appear at the
scheduled hearing by the Appeals Referee, the Board shall
consider the reason for the absence of the party at the
scheduled hearing before the Appeals Referee. If the Board
is satisfied from the explanation offered by the absent party,
the Board shall remand the case to the
Appeals Referee for a full and complete hearing on the
records. The remanded case shall be placed upon the
calendar by the Appeals Referee for prompt hearing.
D. REMANDS
The Board may remand any case to the Appeals Referee
for any purpose that it may direct.
E. APPEALS INVOLVING EMPLOYER'S LIABILITY
When an employer wishes to protest a determination by
the administrative staff of the Division of Unemployment
Insurance concerning the charge to its experienced rating
account or the requirement that it reimburse the
Unemployment Insurance Fund, the employer shall, within
15 days after the mailing of notice of determination by the
Division of Unemployment Insurance, file with the Appeal
Board a protest specifying its objections to the determination
and requesting a hearing on it.
A communication, in writing, filed with the Appeal
Board within the time specified above, shall be considered a
valid appeal if the following requirements are met.
1. The conmumication sets forth the protest.
2. The camiumication makes application for
hearing.
3. The communication contains substantially the
following information:
(a) The date of the protest for appeal;
(b) The name, address and employer account
number of the employer; and
(c) A concise statement of the reasons for the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 607
protest or objection to the determination signed by the
employer, his agent or attorney.
At the hearing to determine the liability of the employer,
the administrative staff of ;.he Division of Unemployment
Insurance shall be notified to attend and shall have the
burden of showing the reason for the liability of the
employer.
F. REPRESENTATION
At any hearing, the claimant may appear and be
represented by an attorney-at-law, a union representative, or
such other person as he wishes to represent him. An
employer, if he desires representation, may be represented
by an attorney-at-law duly admitted to practice in the State
of Delaware.
The Board may designate, to its Attorney, the authority
to assist them in the conduct of the hearing and grant their
Attorney the right to ask such questions of any party as he
deems appropriate to assist the Board in their
determinations.
On its own motion, or on application duly made to it, the
Board may, within 10 days following their decision, direct a
rehearing on one or more issues involved in the appeal. Said
rehearing shall be conducted in the manner described in
these rules and regulations.
G. DECISION
The Board shall render its decisions promptly. The
Board may affirm or reverse, wholly or in part. In addition,
the Board may modify the appealed decision or
determination as may be necessary. The decision of the
Board shall be accompanied by a notice of the right to appeal
therefrom to the Superior Court of the State of Delaware
within 10 days after the decision has become final.
APPROVED BY
Harold P. Minner, Chairman
Emilie E. Tugen , Member
W. Allen Jones, Member
Dr. Jack E. Robinson, Member
Frank J. Carello, Member
Proposed Rules And Regulations
Of The Unemployment Insurance Appeal Board
1.0 Definitions.
As used in these Rules and Regulations, the following
definitions shall apply:
1.1 "Board" shall mean the Unemployment Insurance
Appeal Board.
1.2 "Chairman" shall mean the Chairman of the
Board.
1.3 "Hearing Officer" shall mean the Appeals Referee
or his or her designate who heard the initial appeal.
1.4 "Hearsay evidence" shall be such evidence so
designated by the Delaware Rules of Evidence (D.R.E.).
1.5 "Relevant evidence" shall mean evidence having
any tendency to make the existence of any fact that is of
consequence to the determination of the action more
probable or less probable than it would be without this
evidence, as set forth in D.R.E. 401.
2.0 Location of Unemployment Insurance Appeal
Board.
2.1 All correspondence or other papers or documents
filed with the Board shall be filed, either by mail or by hand
delivery, at the following address: Unemployment Insurance
Appeal Board, Department of Labor, 4425 North Market
Street, Wilmington, DE 19802. The Board phone number is
(302) 761-8370 and the Board’s fax number is (302) 761-
6635.
2.2 Notices of Appeal to the Board may be filed, by
mail or personal delivery, at any local Unemployment Office
or at the Board Office listed at Rule 2.1. All notices of
Appeal must be in writing.
3.0 Commencement. A hearing before the Board may be
initiated by:
3.1 Either party to the action heard by the Hearing
Officer upon filing a timely Notice of Appeal with the
Board;
3.2 A party whose appeal was dismissed by the Hearing
Officer for failure of that party to appear at the scheduled
hearing before the Hearing Officer, upon filing of a timely
Notice of Appeal with the Board, in which case the Board
may, at its sole discretion, remand the case to the Hearing
Officer for a prompt hearing to make a full and complete
record; or
3.3 The Board sua sponte with notice to the parties
below or their counsel.
4.0 Hearings.
4.1 Purpose. The purpose of a hearing before the
Board is to examine the factual and legal bases for the
decision rendered by the Hearing Officer. The parties shall
not re-litigate the case presented to the Referee, but may
present additional evidence. Both the referee’s record and
any new evidence presented to the Board shall be considered
by the Board in making its decision.
4.2 Presence of parties required. All parties to the
appeal shall be present at the Board’s hearing. Failure to
appear within 10 minutes of the time indicated on the Notice
may result in the Board hearing the appeal in absence of the
delinquent party or, if the delinquent party is the appellant,
dismissal of the appeal.
4.3 Representation.
4.3.1 At any hearing, a party may appear pro se
or be represented by an attorney-at-law duly admitted to
practice law in the State of Delaware. A corporation or other
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
608 PROPOSED REGULATIONS
artificial entity desiring legal representation must be
represented by an attorney-at-law duly admitted to practice
law in the State of Delaware.
4.3.2 The Board or its attorney may examine
any witnesses, and move the admissions of documents and
things into evidence.
4.4 Continuances and Postponements.
4.4.1 Applications for a continuance or
postponement of any hearing shall be made in writing to the
Board office no later than 6 days prior to the hearing. The
request shall state the reasons for which the continuance or
postponement is requested. The grant or denial of any
request for continuance or postponement is within the
discretion of the Board Chairman or his or her designee.
4.4.2 Applications for any continuance or
postponement of any hearing made less than 6 days prior to
the hearing shall set forth with specificity the reason(s) for
the continuance or postponement, and shall typically be
granted only for reasons of unanticipated emergencies.
4.4.3 An appealing party may request to
withdraw it appeal at any time prior to hearing. All requests
for withdrawal must be made in writing.
4.5 Length of hearing. Hearings are scheduled to last
20 minutes from the time the presiding member calls the
case, except that the Board may extend the length of the
hearing at its discretion.
4.6 Record. A record shall be made of all hearings
before the Board. The record may be made either by a
stenographic record or by audio recording. The record does
not need to be transcribed unless and until an appeal is taken
to Superior Court from the Board’s decision.
4.7 Evidence.
4.7.1 The Board follows the Delaware Rules of
Evidence. The Board may admit and consider hearsay
evidence, however, the Board shall not base its decision
solely on hearsay or other evidence not admissible under the
Rules of Evidence.
4.7.2 The Board may consider any relevant
evidence relating to any issue raised below, whether or not
that issue was decided by the Hearing Officer.
4.7.3 The admissibility of evidence and
determinations of the weight to be given evidence and the
credibility of witnesses shall be within the sound discretion
of the Board.
4.7.4 The Board shall not receive into evidence
any testimony offered by means of a telephone or other
electronic or electromagnetic device.
4.8 Subpoenas.
4.8.1 A party may request subpoenas to compel
a witness or witnesses to appear at a hearing or to compel the
production of documents at or prior to a hearing. Such a
request shall be in writing, be received by the Board at least
7 days prior to the hearing, and state the full name and
address of the person(s) to be subpoenaed and a detailed
description of the documents to produced. The issuance of
such subpoena(s) shall be at the sole discretion of the Board
and its attorney.
4.8.2 The Board sua sponte may issue
subpoenas to compel witnesses to appear at a hearing or
documents to be produced at or prior to a hearing.
4.9 Exhibits. Any party offering any document into
evidence at a hearing shall provide at least 4 copies of such
document at the time of the hearing.
4.10 Written Submissions. The Board or its
attorney may at their discretion request written submissions
from the parties prior to or following the hearing.
5.0 Remand. The Board may remand any case to the
Hearing Officer at any time and for any purpose at its sole
discretion.
6.0 Decisions.
6.1 The Board shall render its decision promptly,
usually within 14 days after the hearing.
6.2 The Board may affirm, modify, or reverse, in whole
or in part, the decision of the Appeals Referee.
6.3 The Board may sua sponte affirm, modify or set
aside any decision of an appeal tribunal on the basis of
evidence previously submitted, without further hearing, or
direct the taking of additional evidence or may permit any of
the parties to the decision to initiate further appeal before it.
6.4 Final decisions shall be accompanied by a notice of
the right to appeal the Board’s decision to Superior Court
pursuant to 19 Del.C. § 3323.
7.0 Rehearing. At any time subsequent to a Board decision
but prior to the Board’s decision becoming final, any party to
the appeal may request by motion, with notice to all parties,
a rehearing before to Board. The motion shall set forth
briefly and distinctly the grounds for the motion. The Board
shall promptly consider the motion for reconsideration. A
copy of the Board’s decision on the motion for rehearing
shall be mailed to all parties or their counsel if represented
by an attorney.
7.1 The grant or denial of a motion for rehearing is
solely within the discretion of the Board.
7.2 The Board shall not consider any motion for
rehearing filed after the Board’s decision has become final.
7.3 The Board shall not consider any motion for
rehearing of the Board’s denial of a prior motion for
rehearing.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 609
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code,
Section 6010 (7 Del.C. §6010)
SAN # 2002-15
1. Title Of The Regulation
Regulation No. 3, Section 11 (PM10 and PM2.5
Particulates), "Ambient Air Quality Standards"
2. Brief Synopsis Of The Subject, Substance And
Issues:
The Department proposes to revert Delaware’s
Regulation 3, Section 11 Particulate Matter (PM10 ) air
quality standards back to their pre-November, 1999 form.
This action is necessary in response to the March 26, 2002
Court of Appeals decision that vacated EPA’s standards that
were set forth in the 62 FR 38711, dated July 18, 1997. That
decision resulted in the standard contained in DNREC’S
November 3, 1999 State Implementation Plan (SIP)
submittal being less restrictive than the current PM10
National Ambient Air Quality Standards(NAAQS). As a
result, EPA cannot approve Delaware’s SIP revision
containing a less restrictive PM10 NAAQS standard than the
1987 standard.
The impacts of proposed amendments are minimal. The
proposed changes will not change the annual and 24-hour
average concentration standards of 50 ug/m3 and 150 ug/m3,
respectively. The changes are primarily a technical,
procedural change in the Department’s methodology of
determining concentrations from monitored data.
3. Possible Terms Of The Agency Action:
None
4. Statutory Basis Or Legal Authority To Act:
7 Delaware Code, Chapter 60
5. Other Regulations That May Be Affected By The
Proposal:
None
6. Notice Of Public Comment:
The public comment period for this proposed regulation
will extend through December 1, 2001. Interested parties
may submit comments in writing to: John Sipple, Air
Quality Management Section, 156 South State Street, Dover,
DE 19901, and/or statements and testimony may be
presented either orally or in writing at the public hearing to
be held Tuesday, November 26, 2002 beginning at 6:00 pm
in the DNREC R & R Auditorium, 89 Kings Highway,
Dover DE.
7) Prepared By: John Sipple (302) 739-4791
October 7, 2002
Regulation No. 3
Ambient Air Quality Standards
09/11/99
Section 1 - General Provisions
1.1 Air Quality Standards are required to assure that
ambient air quality shall be consistent with established
criteria and shall serve to effectively and reasonably manage
the air resources of the State of Delaware.
1.2 At such time as additional pertinent information
becomes available with respect to applicable air quality
criteria, recommendations shall be incorporated and the air
quality standards shall be subject to revisions.
1.3 The absence of a specific ambient air quality
standard shall not preclude actions by the Department to
control contaminants to assure protection, safety, welfare,
and comfort of the people of the State of Delaware.
1.4 Air Quality Standards are defined by frequency
distribution presentations and arithmetic averages. The
characteristic parameters describing the frequency
distribution are the geometric mean and 99th percentile.
a. The geometric mean is defined as the Nth root
of the product of N numbers. Assuming a log-normal
cumulative frequency distribution, the 50th percentile value
will be equal to the geometric mean.
b. The arithmetic average (mean is defined as the
sum of a set of values divided by the number of values.
c. The 99th percentile for a group of numbers is
defined as that value which is exceeded by one percent of the
numbers.
1.5 The ambient air quality values stated herein shall
apply to all areas outside a source property line.
1.6 The sampling and analytical procedures and
techniques employed to determine ambient air
concentrations of contaminants shall be consistent with
methods which result in a representative evaluation of the
prevailing conditions. The following methods shall be used
directly or employed as reference standards against which
other methods may be calibrated;
a. Ambient concentrations of total suspended
particulates shall be determined by the reference high
volume method in accordance with 40 CFR, Part 50,
Appendix B, June 29, 1979.
b. Ambient concentrations of sulfur dioxide shall
be determined by the reference or equivalent method in
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
----------------- ---------------------
610 PROPOSED REGULATIONS
accordance with 40 CFR, Part 50, Appendix A, June 29,
1979.
c. Ambient concentrations of carbon monoxide
shall be determined by the reference method in accordance
with 40 CFR, Part 50, Appendix C, June 29, 1979.
d. Ambient concentrations of ozone corrected for
interferences due to nitrogen oxides and sulfur dioxide shall
be determined by the reference method in accordance with
40 CFR, Part 50, Appendix D, June 29, 1979.
e. Ambient concentrations of methane and
non-methane hydrocarbons shall be determined by the
reference method in accordance with 40 CFR, Part 50,
Appendix E, June 29, 1979.
f. Ambient concentrations of nitrogen dioxide
shall be determined by the reference method in accordance
with 40 CFR, Part 50, AppendixF, June 29, 1979.
g. Ambient concentrations of hydrogen sulfide
shall be determined by gas chromatographic separation -
flame photometric detection.
h. Ambient concentrations of lead shall be
determined by the reference method in accordance with 40
CFR, Part 50, Appendix G, June 29, 1979.
i. Ambient concentrations of PM10 particulate
shall be determined by a reference method in accordance
with 40 CFR, Part 50, Appendix J, or an equivalent method.
j. Ambient concentrations of PM2.5 particulate
shall be determined by the reference method based on 40
CFR, Part 50, Appendix L, as found in the Federal Register
dated July 18, 1997, on page 38714 – 38752.
1.7 Air quality standards are expressed in metric units
with the approximate equivalent volumetric units in
parentheses. The standard conditions for air ambient
monitoring is 760 mm. Hg and 25oC. The formula to
convert metric units to parts per million (ppm) is:
ppm (vol) =Fg/m3 X .024465 or mg/m3 X 24.465 X
MW MW
MW is molecular weight of the contaminant being
measured.
02/01/81
Section 2 - General Restrictions
2.1 No person shall cause the Air Quality Standards
specified in this Regulation to be exceeded.
02/01/81
Section 3 - Suspended Particulates
3.1 The Primary Ambient Air Quality Standards for
Particulate Matter are:
a. An annual geometric mean of 75 micrograms
per cubic meter not to be exceeded, based upon twenty-four
hour average concentrations.
b. A value of 260 micrograms per cubic meter not
to be exceeded more than once per year, based upon
twenty-four hour average concentrations.
3.2 The Secondary Ambient Air Quality Standards for
Particulate Matter are:
a. An annual geometric mean of 60 micrograms
per cubic meter as a guideline for achieving the secondary
standard based upon twenty- four hour average
concentrations.
b. A value of 150 micrograms per cubic meter not
to be exceeded more than once per year, based upon
twenty-four hour average concentrations.
02/01/81
Section 4 - Sulfur Dioxide
4.1 The Primary Ambient Air Quality Standards for
Sulfur Oxides measured as Sulfur Dioxide are as follows:
a. An annual arithmetic average value of 80 Fg/
m3, (0.03 ppm) not to be exceeded, based upon twenty-four
hour average concentrations.
b. A twenty-four average value of 365 Fg/m3
(0.14 ppm) not to be exceeded more than once per year
based upon twenty-four hour average concentrations.
4.2 The Secondary Ambient Air Quality Standards for
Sulfur Oxides measured as Sulfur Dioxide are as follows:
a. A three-hour average value of 1300
micrograms per cubic meter (0.5 ppm), not to be exceeded
more than once per year.
02/01/81
Section 5 - Carbon Monoxide
5.1 The average concentration of carbon monoxide
taken over any consecutive eight (8) hours shall not exceed a
value of 10 milligrams per cubic meter (9 ppm) more than
once per year.
5.2 The average concentration of carbon monoxide
taken over any one (1) hour period shall not exceed 40
milligrams per cubic meter (35 ppm) more than once per
year.
09/11/99
Section 6 - Ozone
6.1 1-hour primary and secondary ambient air quality
standards for ozone
The average number of days per calendar year with
a maximum one hour average value exceeding 235 Fg/m3
(0.12 ppm) shall be equal to or less than one, averaged over
three consecutive years. This standard shall be applicable to
New Castle and Kent Counties.
6.2 8-hour primary and secondary ambient air quality
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
10-6
PROPOSED REGULATIONS 611
standards for ozone
The average of the fourth highest daily maximum
8-hour average ozone concentration is less than or equal to
0.08 ppm, averaged over three consecutive years. This
standard applies to all Counties in Delaware.
02/01/81
Section 7 - Hydrocarbons
7.1 The hydrocarbons standard in subsection 7.2 is for
use as a guide in devising implementation plans to achieve
the ozone standard.
7.2 The average concentration of hydrocarbons,
exclusive of methane, taken over a three (3) hour period
from 6:00 to 9:00 a.m., local time, shall not exceed 160
micrograms per cubic meter (0.24 ppm) more than once per
year.
02/01/81
Section 8 - Nitrogen Dioxide
8.1 The annual arithmetic mean concentration of
nitrogen dioxide shall not exceed 100 micrograms per cubic
meter (0.05 ppm).
02/01/81
Section 9 - Hydrogen Sulfide
9.1 The average concentration of hydrogen sulfide
taken over any consecutive three (3) minutes shall not
exceed 0.06 ppm.
9.2 The average concentration of hydrogen sulfide
taken over any consecutive 60 minutes shall not exceed 0.03
ppm.
02/01/81
Section 10 - Lead
10.1 The 24 hour concentration of lead averaged
over a calendar quarter shall not exceed 1.5 micrograms per
cubic meter.
09/11/99 __/__/03
Section 11 - PM10 and PM2.5 Particulates
11.1 The Primary and Secondary Ambient Air
Quality Standards for Particulate Matter, measured as PM10
are:
a. 150 micrograms per cubic meter (Fg/m3), 24
hour average concentration. The standards are attained
when the 99th percentile 24-hour concentration, as
determined in accordance with 40 CFR, Part 50, Appendix
N, as found in the Federal Register dated July 18, 1997, on
page 38759, is less than or equal to 150 micrograms per
cubic meter (Fg/m3) expected number of days per calendar
year with a 24-hour average concentration above 150 Fg/m3,
as determined in accordance with 40 CFR, Part 50,
Appendix K, is equal to or less than one.
b. 50 micrograms per cubic meter (Fg/m3),
annual arithmetic mean. The standards are attained when the
expected annual arithmetic mean concentration, as
determined in accordance with 40 CFR, Part 50, Appendix
KN, as found in the Federal Register dated July 18, 1997, on
page 38759, is less than or equal to 50 Fg/m3.
11.2 The Primary and Secondary Ambient Air
Quality Standards for Particulate Matter, measured as PM2.5
are:
a. 65 micrograms per cubic meter (Fg/m3) 24-
hour average concentration. The 24-hour primary and
secondary PM2.5 standards are met when the 98th percentile
24-hour concentration, as determined in accordance with 40
CFR, Part 50, Appendix N, as found in the Federal Register
dated July 18, 1997, on page 38757 - 38758, is less than or
equal to 65 Fg/m3
b. 15.0 micrograms per cubic meter (Fg/m3)
annual arithmetic mean concentration. The annual primary
and secondary PM2.5 standards are met when the annual
arithmetic mean concentration, as determined in accordance
with 40 CFR, Part 50, Appendix N, as found in the Federal
Register dated July 18, 1997, on page 38756 - 38757, is less
than or equal to 15.0 Fg/m3
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code,
Section 6010 (7 Del.C. §6010)
SAN # 2002-14
1. Title Of The Regulation:
Regulation No. 24, Section 10, "Aerospace Coatings"
2. Brief Synopsis Of The Subject, Substance And
Issues:
The Department proposes to revise Regulation No. 24,
Section 10, to correct an error found in the recently
promulgated regulation. Based on the EPA’s final Aerospace
Manufacturing and Rework MACT standard and EPA’s final
Control Technique Guideline (CTG) document "Control of
Volatile Organic Compound Emissions from Coating
Operations at Aerospace Manufacturing and Rework
Operations" issued December 1997, the current definition of
"Fire-Resistant (interior) Coating" is not currently reflected
in Regulation 24. The definition will be changed to correctly
differentiate between civilian aircraft subject to FAA fire
worthiness requirements, and military aircraft and space
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
612 PROPOSED REGULATIONS
applications subject to other flammability requirements.
3. Possible Terms Of The Agency Action:
None
4. Statutory Basis Or Legal Authority To Act:
7 Delaware Code, Chapter 60
5. Other Regulations That May Be Affected By The
Proposal:
None
6. Notice Of Public Comment:
The public comment period for this proposed regulation
will extend through December 1, 2002. Interested parties
may submit comments in writing during this period to:
Deanna Morozowich, Air Quality Management Section, 156
South State Street, Dover, DE 19901, and/or statements and
testimony may be presented either orally or in writing at the
public hearing to be held Tuesday, November 26, 2002
beginning at 6:00 pm in the R & R Auditorium, 89 Kings
Highway, Dover, Delaware.
7. Prepared By:
Deanna Morozowich (302)739-4791, October 7, 2002
Section 10 - Aerospace Coatings
08/11/02xx/xx/xx
a. Applicability.
1. Except as provided for in (a)(2) and (a)(3), this
Section applies to any owner or operator of any aerospace
manufacturing or rework facility that conducts any of the
following operation(s):
i. hand-wipe cleaning;
ii. spray gun cleaning;
iii. flush cleaning;
iv. primer, topcoat, self-priming topcoat, and
specialty coating application;
v. the depainting of the outer surface of aerospace
vehicles (except for depainting parts or units normally
removed during depainting);
vi. Type I or Type II chemical milling maskant
application; and
vii. VOC handling and storage.
2. Except for the requirements in paragraph (c)(8), this
Section does not apply to the following operations in any
aerospace manufacturing or rework facility:
i. Chemical milling;
ii. Metal finishing;
iii. Electrodeposition (except for the electrodeposition
of paints); and
iv. Composite processing operations (except for
cleaning and coating of composite parts or components that
become part of an Aerospace vehicle or component as well
as composite tooling that comes in contact with such
composite parts or components prior to cure).
3. The requirements of this Section do not apply to
aerospace manufacturing or rework facilities whose
plant-wide, actual emissions from the operations in
paragraph (a)(1) without control devices are less than 6.8
kilograms (kg) (15 pounds [lbs]) of volatile organic
compounds (VOCs) per day.
4. Existing sources affected by this Section shall
comply with the provisions of this Section on and after the
effective date of this Section, except for the requirements of
paragraph (c)(6)(ii) and (c)(7). Existing sources affected by
this Section shall comply with the requirements of paragraph
(c)(6)(ii) and (c)(7) beginning as soon as practible, but no
later than the date one year after the effective date of this
Section. New, modified, or reconstructed sources affected
by this Section shall comply with the provisions of this
Section on and after startup. Notwithstanding Section (1)(e)
of Regulation 24, any owner or operator currently permitted
under Regulation 2 and/or Regulation 30 to operate an
aerospace manufacturing or rework facility shall submit to
the Department an application to amend the current permit
and to comply with the provisions of this Section, pursuant
to Regulation 2 and/or Regulation 30, as applicable.
5. Any facility that becomes or is currently subject to
the provisions of this Section by exceeding the applicability
threshold in paragraph (a)(3) of this Section shall remain
subject to these provisions even if its emissions later fall
below the applicability threshold.
6. Any facility that is currently subject to a state or
federal rule promulgated pursuant to the Clean Air Act
Amendments of 1977 by exceeding an applicability
threshold is and shall remain subject to these provisions,
even if its throughput or emissions later fall below the
applicability threshold.
b. Definitions. As used in this Section, all terms not
defined herein shall have the meaning given them in the
November 15, 1990 Clean Air Act Amendments (CAAA), or
in Section 2 of Regulation 24 of the State of Delaware
"Regulations Governing the Control of Air Pollution".
"Ablative coating" means a specialty coating that
chars when exposed to open flame or extreme temperatures,
as would occur during the failure of an engine casing or
during aerodynamic heating. The ablative char surface
serves as an insulation barrier, protecting adjacent
components from the heat or open flame.
"Adhesion promoter" means a very thin specialty
coating applied to a substrate to promote wetting and form a
chemical bond with the subsequently applied material.
"Adhesive bonding" means the joining together of two
or more metal parts, such as the parts of a honeycomb core.
The surfaces to be bonded are first coated with an adhesive
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 613
bonding primer to promote adhesion and protect from
subsequent corrosion. Structural adhesives are applied as
either a thin film or as a paste, and can be oven cured or
cured in an autoclave.
"Adhesive bonding primer" means a specialty coating
that is applied in a thin film to aerospace components for the
purpose of corrosion inhibition and increased adhesive bond
strength by attachment. There are two categories of
adhesive bonding primers: primers with a design cure at
250oF or below and primers with a design cure above
250oF.
"Aerospace manufacturing or rework facility"
means a commercial, civil, or military facility that produces
in any amount an aerospace vehicle or component, or a
commercial, civil, or military facility that reworks (or
repairs) any aerospace vehicle or component.
"Aerospace vehicle or component" means any
fabricated part, processed part, assembly of parts, or
completed unit of any aircraft including, but not limited to,
airplanes, helicopters, missiles, rockets, and space vehicles.
"Aircraft fluid system" means those systems that
handle hydraulic fluids, fuel, cooling fluids, or oils.
"Aircraft transparency" means the aircraft
windshield, canopy, passenger windows, lenses and other
components that are constructed of transparent materials.
"Antichafe coating" means a coating applied to areas
of moving aerospace components that may rub during
normal operations or installation.
"Bearing coating" means a specialty coating applied to
an antifriction bearing, a bearing housing, or the area
adjacent to such a bearing in order to facilitate bearing
function or to protect base material from excessive wear. A
material shall not be classified as a bearing coating if it can
also be classified as a dry lubricative material or a solid film
lubricant.
"Bonding maskant" means a temporary specialty
coating used to protect selected areas of aerospace parts from
strong acid or alkaline solutions during processing for
bonding.
"Brush coating," means the application of a coating
material to a substrate by means of a brush (this technique is
commonly used for touch-up and maskant operations).
"Caulking and smoothing compounds" means
semi-solid specialty coating materials which are applied by
hand application methods and are used to aerodynamically
smooth exterior vehicle surfaces or fill cavities such as bolt
hole accesses. A material shall not be classified as a
caulking and smoothing compound if it can also be classified
as a sealant.
"Chemical agent-resistant coating (CARC)" means
an exterior topcoat; specialty coating designed to withstand
exposure to chemical warfare agents or the decontaminants
used on these agents.
"Chemical milling" means a process used to reduce the
thickness of selected areas of metal parts in order to reduce
weight by submerging the metal parts in an etchant.
"Chemical milling maskant" means a coating that is
applied directly to aluminum components to protect surface
areas when chemically milling the component with a Type I
or II etchant. Type I chemical milling maskants are used
with a Type I etchant and Type II chemical milling maskants
are used with a Type II etchant. This definition does not
include bonding maskants, critical use and line sealer
maskants, and seal coat maskants. Additionally, maskants
that must be used with a combination of Type I or II etchants
and any of the above types of maskants (i.e., bonding,
critical use and line sealer, and seal coat) are not included.
"Chemical milling maskant application" means the
use of spray equipment or a dip tank to apply a Chemical
milling maskant, prior to chemically milling the component
with a Type I or II etchant.
"Cleaning operation" means collectively spray gun,
hand-wipe, and flush cleaning operations.
"Cleaning solvent" means a liquid VOC containing
material used for hand-wipe, spray gun, or flush cleaning.
"Clear coating" means a transparent coating applied to
any substrate.
"Coating" means a material that is applied to the
surface of an aerospace vehicle or component to form a
decorative, protective, or functional solid film, or the solid
film itself.
"Coating operation" means the use of a spray booth,
tank, or other enclosure or area, such as a hangar, for the
application of a single type of coating (e.g., primer). The use
of the same spray booth for the application of another type of
coating (e.g., topcoat) constitutes a separate coating
operation for which compliance determinations are
performed separately.
"Commercial exterior aerodynamic structure
primer" means a specialty coating primer used on
aerodynamic components and structures that protrude from
the fuselage, such as wings and attached components,
control surfaces, horizontal stabilizers, vertical fins,
wing-to-body fairings, antennae, and landing gear and doors,
for the purpose of extended corrosion protection and
enhanced adhesion.
"Commercial interior adhesive" means specialty
coating materials used in the bonding of passenger cabin
interior components that meet the FAA fireworthiness
requirements.
"Compatible substrate primer" means a specialty
coating that is either a compatible epoxy primer or an
adhesive primer. Compatible epoxy primer is primer that is
compatible with the filled elastomeric coating and is epoxy
based. The compatible substrate primer is an
epoxy-polyamide primer used to promote adhesion of
elastomeric coatings such as impact-resistant coatings.
Adhesive primer is a coating that (1) inhibits corrosion and
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
614 PROPOSED REGULATIONS
serves as a primer applied to bare metal surfaces or prior to
adhesive application, or (2) is applied to surfaces that can be
expected to contain fuel. Fuel tank coatings are excluded
from this category.
"Composite processing operations" include layup,
thermal forming, debulking, curing, break-out, compression
molding, and injection molding. Layup means the process of
assembling the layers of the composite structure by
positioning composite material in a mold and impregnating
the material with a resin. Thermal forming means the
process of forming the layup in a mold, which usually takes
place in an autoclave. Debulking means the simultaneous
application of low-level heat and pressure to the composite
structure to force out excess resin, trapped air, vapor, and
volatiles from between the layers of the composite structure.
Curing means the process of changing the resin into a solid
material through a polymerization reaction. Break-out
means the removal of the composite structure from the mold
or curing fixtures. Compression molding means the process
of filling one half of molds with a molding compound,
closing the mold, and applying heat and pressure until the
material is cured. Injection molding means the use of a
closed mold, where the molding compound is injected into
the mold, maintained under pressure, and then cured by
applying heat.
"Corrosion prevention system" means a coating
system that provides corrosion protection by displacing
water and penetrating mating surfaces, forming a protective
barrier between the metal surface and moisture. Coatings
containing oils or waxes are excluded from this category.
"Critical use line and sealer maskant" means a
temporary specialty coating, not covered under other
maskant categories, used to protect selected areas of
aerospace parts from strong acid or alkaline solutions such as
those used in anodizing, plating, chemical milling and
processing of magnesium, titanium, or high-strength steel,
high-precision aluminum chemical milling of deep cuts, and
aluminum chemical milling of complex shapes. Materials
used for repairs or to bridge gaps left by scribing operations
(i.e., line sealer) are also included in this category.
"Cryogenic flexible primer" means a specialty coating
primer designed to provide corrosion resistance, flexibility,
and adhesion of subsequent coating systems when exposed
to loads up to and surpassing the yield point of the substrate
at cryogenic temperatures (-275oF and below).
"Cryoprotective coating" means a specialty coating
that insulates cryogenic or subcooled surfaces to limit
propellant boil-off, maintain structural integrity of metallic
structures during ascent or re-entry, and prevent ice
formation.
"Cyanoacrylate adhesive" means a fast-setting, single
component specialty coating adhesive that cures at room
temperature. Also known as "super glue."
"Depainting" means the removal of any coating from
the outer surface of an aerospace vehicle or component by
either chemical or non-chemical means.
"Depainting operation" means the use of a chemical
agent, media blasting, or any other technique to remove
coatings from the outer surface of aerospace vehicles or
components. The depainting operation includes washing of
the aerospace vehicle or component to remove residual
stripper and coating residue.
"Dip coating" means the application of a coating
material to a substrate by dipping the part into a tank of the
coating material.
"Dry lubricative material" means a specialty coating
consisting of lauric acid, cetyl alcohol, waxes, or other
noncross linked or resin-bound materials that act as a dry
lubricant.
"Electric or radiation-effect coating" means a
specialty coating or coating system engineered to interact,
through absorption or reflection, with specific regions of the
electromagnetic energy spectrum, such as the ultraviolet,
visible, infrared, or microwave regions. Uses include, but
are not limited to, lightning strike protection,
electromagnetic pulse (EMP) protection, and radar
avoidance. Coatings that have been designated as
"classified" by the Department of Defense are exempt.
"Electrodeposition" means an additive process for
metal substrates in which another metal layer is added to the
substrate in order to enhance corrosion and wear resistance
necessary for the successful performance of the component.
The two types of electrodeposition typically used are
electroplating and plasma arc spraying.
"Electrostatic discharge and electromagnetic
interference (EMI) coating" means a specialty coating
applied to space vehicles, missiles, aircraft radomes, and
helicopter blades to disperse static energy or reduce
electromagnetic interference.
"Electrostatic spray" means a method of applying a
spray coating in which opposite electrical charges are
applied to the substrate and the coating. The coating is
attracted to the substrate by the electrostatic potential
between them.
"Elevated-temperature Skydrol-resistant
commercial primer" means a specialty coating primer
applied primarily to commercial aircraft (or commercial
aircraft adapted for military use) that must withstand
immersion in phosphate-ester (PE) hydraulic fluid (Skydrol
500b or equivalent) at the elevated temperature of 150oF for
1,000 hours.
"Epoxy polyamide topcoat" means a specialty coating
used where harder films are required or where engraving is
accomplished in camouflage colors.
"Etchant" means a chemical used to mill a part or
subassembly (e.g., sodium hydroxide for aluminum parts).
"Exempt solvent" means an organic compound that
has been determined to have negligible photochemical
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 615
reactivity, as specified, and is defined in Regulation 24,
Section 2 under "exempt compounds."
"Fire-resistant (interior) coating" means for civilian
aircraft, fire-resistant interior specialty coatings used on
passenger cabin interior parts that are subject to the FAA
fireworthiness requirements. For military aircraft, fireresistant
interior coatings means coatings that are used on
parts that are subject to the flammability requirements of
MIL-STD-1630A and MIL-A-87721. For space
applications, fire-resistant interior coatings means coatings
that these specialty coatings are used on parts that are subject
to the flammability requirements of SE-R-0006 and SSP
30233.
"Flexible primer" means a specialty coating primer
that meets flexibility requirements such as those needed for
adhesive bond primed fastener heads or on surfaces expected
to contain fuel. The flexible coating is required because it
provides a compatible, flexible substrate over bonded sheet
rubber and rubber-type coatings as well as a flexible bridge
between the fasteners, skin, and skin-to-skin joints on outer
aircraft skins. This flexible bridge allows more topcoat
flexibility around fasteners and decreases the chance of the
topcoat cracking around the fasteners. The result is better
corrosion resistance.
"Flow coating" means the application of a coating
material to a substrate by pouring the coating over the
suspended part.
"Flush cleaning" means the cleaning of an aerospace
vehicle or component by passing solvent over, into, or
through the vehicle or component. The solvent may simply
be poured into the vehicle or component and then drained, or
assisted by air or hydraulic pressure, or by pumping.
Hand-wipe cleaning operations where wiping, scrubbing,
mopping, or other hand action is used are not flush cleaning
operations.
"Formulation" means a specific coating made by a
specific manufacturer. Each different color of a specific
coating is considered a separate formulation.
"Fuel tank adhesive" means a specialty coating
adhesive used to bond components exposed to fuel which
shall be compatible with fuel tank coatings.
"Fuel tank coating" means a specialty coating applied
to fuel tank components for the purpose of corrosion and/or
bacterial growth inhibition, and to assure sealant adhesion in
extreme environmental conditions.
"Hand-wipe cleaning operation" means the removal
of contaminants such as dirt, grease, oil, and coatings from
aerospace vehicles or components by physically rubbing
them with a material such as a rag, paper, or cotton swab that
has been moistened with a cleaning solvent.
"High temperature coating" means a specialty coating
designed to withstand temperatures of more than 350oF.
"High volume low pressure (HVLP) spray
equipment" means spray equipment that is used to apply
coatings using a spray gun that operates at equal to or less
than 10.0 psig of atomized air pressure at the air cap.
"Insulation covering" means a specialty coating
material that is applied to foam insulation to protect the
insulation from mechanical or environmental damage.
"Intermediate release coating" means a thin specialty
coating applied beneath topcoats to assist in removing the
topcoat in depainting operations, which generally allows the
use of less hazardous depainting methods.
"Lacquer" means a clear or pigmented specialty
coating formulated with a nitrocellulose or synthetic resin to
dry by evaporation without a chemical reaction. Lacquers
are resoluble in their original solvent.
"Leak" means any visible leakage, including misting
and clouding.
"Limited access space" means internal surfaces or
passages of an aerospace vehicle or component that cannot
be reached for the application of coatings without the aid of
an airbrush or a spray gun extension.
"Metal finishing" means conversion coating,
anodizing, desmutting, descaling, and any operation that
chemically affect the surface layer of a part, and is used to
prepare the surface of a part for better adhesion, improved
surface hardness, and improved corrosion resistance.
"Metalized epoxy coating" means a specialty coating
that contains relatively large quantities of metallic
pigmentation for appearance and/or added protection.
"Mold release" means a specialty coating applied to a
mold surface to prevent the molded piece from sticking to
the mold as it is removed.
"Non-chemical-based depainting equipment" means
any depainting equipment or technique that does not rely on
a chemical stripper to depaint an aerospace vehicle or
component (e.g., media blasting equipment).
"Nonstructural adhesive" means a specialty coating
adhesive that bonds nonload bearing aerospace components
in noncritical applications and is not covered in any other
specialty adhesive categories.
"Part marking coating" means a specialty coating or
ink used to make identifying markings on materials,
components, and/or assemblies. These markings may be
either permanent or temporary.
"Pretreatment coating" means an organic specialty
coating that contains at least 0.5 percent acids by weight and
is applied directly to metal or composite surfaces to provide
surface etching, corrosion resistance, adhesion, and ease of
stripping.
"Primer" means the first layer and any subsequent
layers of identically formulated coating applied to the
surface of an aerospace vehicle or component. Primers are
typically used for corrosion prevention, environment
protection, functional fluid resistance, and adhesion
promotion of subsequent coatings. Primers that are defined
as specialty coatings are not included under this definition.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
616 PROPOSED REGULATIONS
"Radome" means the non-metallic protective housing
for electromagnetic transmitters and receivers (e.g., radar,
electronic countermeasures, etc.).
"Rain erosion-resistant coating" means a specialty
coating or coating system used to protect the leading edges
of parts such as flaps, stabilizers, radomes, engine inlet
nacelles, etc. against erosion caused by rain impact during
flight.
"Research and development" means an operation
whose primary purpose is for research and development of
new processes and products and that is conducted under the
close supervision of technically trained personnel and is not
involved in the manufacture of final or intermediate products
for commercial purposes, except in a de minimis manner.
"Rocket motor bonding adhesive" means a specialty
coating adhesive used in rocket motor bonding applications.
"Rocket motor nozzle coating" means a catalyzed
epoxy specialty coating system used in elevated temperature
applications on rocket motor nozzles.
"Rubber-based adhesive" means a quick setting,
specialty coating contact cement that provides a strong, yet
flexible bond between two mating surfaces that may be of
dissimilar materials.
"Scale inhibitor" means a specialty coating that is
applied to the surface of a part prior to thermal processing to
inhibit the formation of scale.
"Screen print ink" means a specialty coating ink used
in screen printing processes during fabrication of decorative
laminates and decals.
"Sealant" means a specialty coating material used to
prevent the intrusion of water, fuel, air, or other liquids or
solids from certain areas of aerospace vehicles or
components. There are two categories of sealants:
extrudable/rollable/brushable sealants and sprayable
sealants.
"Seal coat maskant" means a specialty coating
overcoat applied over a maskant to improve abrasion and
chemical resistance during production operations.
"Self-priming topcoat" means a coating that is applied
directly to an Aerospace vehicle or component for purposes
of corrosion protection, environmental protection, and
functional fluid resistance and that is not subsequently
topcoated. More than one layer of identical coating
formulation may be applied to the aerospace vehicle or
component. Self-priming topcoats that are defined as
specialty coatings are not included under this definition.
"Silicone insulation material" means an insulating
specialty coating material applied to exterior metal surfaces
for protection from high temperatures caused by atmospheric
friction or engine exhaust. These materials differ from
ablative coatings in that they are not "sacrificial."
"Solids" means the nonvolatile portion of the coating
that after drying makes up the dry film.
"Solid film lubricant" means a very thin specialty
coating consisting of a binder system containing as its main
pigment material one or more of the following:
molybdenum, graphite, polytetrafluoroethylene (PTFE), or
other solids that act as a dry lubricant between faying (i.e.,
closely or tightly fitting) surfaces.
"Space vehicle" means a man-made device, either
manned or unmanned, designed for operation prototypes,
molds, jigs, tooling, hardware jackets, and test coupons.
Also included is auxiliary equipment associated with test,
transport, and storage that through contamination can
compromise the space vehicle performance.
"Specialty coating" means a coating that, even though
it meets the definition of a primer, topcoat, or self-priming
topcoat, has additional performance criteria beyond those of
primers, topcoats, and self-priming topcoats for specific
applications. These performance criteria may include, but
are not limited to, temperature or fire resistance, substrate
compatibility, antireflection, temporary protection or
marking, sealing, adhesively joining substrates, or enhanced
corrosion protection. A specialty coating is any coating
listed in Table 7-1 and defined in paragraph (b) of this
Section.
"Specialized function coating" means a specialty
coating that fulfills extremely specific engineering
requirements that are limited in application and are
characterized by low volume usage. This category excludes
coatings covered in other Specialty Coating categories.
"Spray gun" means a device that uses air pressure or
air flow to atomize a coating or other material, and to project
the atomized coating particulates or other material onto a
component.
"Stripper" means a liquid that is applied to an
aerospace vehicle or component to remove primer, topcoat,
self-priming topcoat, or coating residue.
"Structural autoclavable adhesive" means a specialty
coating adhesive used to bond load-carrying aerospace
components that are cured by heat and pressure in an
autoclave.
"Structural nonautoclavable adhesive" means a
specialty coating adhesive cured under ambient conditions
that is used to bond load-carrying aerospace components or
other critical functions, such as nonstructural bonding in the
proximity of engines.
"Surface preparation" means the removal of
contaminants from the surface of an aerospace vehicle or
component, or the activation or reactivation of the surface in
preparation for the application of a coating.
"Temporary protective coating" means a specialty
coating applied to provide scratch or corrosion protection
during manufacturing, storage, or transportation. Two types
include peelable protective coatings and alkaline removable
coatings. These materials are not intended to protect against
strong acid or alkaline solutions. Coatings that provide this
type of protection from chemical processing are not included
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 617
in this category.
"Thermal control coating" means a specialty coating
formulated with specific thermal conductive or radiative
properties to permit temperature control of the substrate.
"Topcoat" means a coating that is applied over a
primer on an aerospace vehicle or component for
appearance, identification, camouflage, or protection.
Topcoats that are defined as specialty coatings are not
included under this definition.
"Touch-up and repair coating" means a coating used
to cover minor coating imperfections appearing after the
main coating operation.
"Touch-up and repair operation" means that portion
of the coating operation that is the incidental application of
coating used to cover minor imperfections in the coating
finish or to achieve complete coverage. This definition
includes out-of-sequence or out-of-cycle coating. Touch-up
and repair operations are not to exceed an area of 4 square
feet per aerospace vehicle.
"Type II etchant" or "Type II chemical milling
etchant" means a Chemical milling etchant that is a strong
sodium hydroxide solution containing amines (Type I
etchants do not contain amines).
"Volatile Organic Compound (VOC)" means any
compound defined as VOC in Regulation 24, Section 2 -
Definitions.
"VOC composite vapor pressure" means the sum of
the partial pressures of the compounds defined as VOC's and
is determined by the following calculation:
(Wi)(VPi)
n
PPc =‡" MWi
n n
i=1 Ww +‡" We +‡" Wi
MWw MWe MWi
e=1 i=1
Wi = Weight of the "i"th VOC compound,
grams
Ww = Weight of water, grams
We = Weight of nonwater, non-VOC compound,
grams
MWi = Molecular weight of the "i"th VOC
compound, g/g-mole
MWw = Molecular weight of water, g/g-mole
MWe = Molecular weight of exempt compound,
g/g-mole
PPc = VOC composite partial pressure at 20oC,
mm Hg
VPi = Vapor pressure of the "i"th VOC
compound at 20oC, mm Hg
"Wet fastener installation coating" means a specialty
coating primer or sealant applied by dipping, brushing, or
daubing to fasteners that are installed before the coating is
cured.
"Wing coating" means a corrosion-resistant specialty
coating topcoat that is resilient enough to withstand the
flexing of the wings.
c. Standards.
1. Hand-Wipe Cleaning Operations.
i. Except as exempted in paragraph (c)(1)(ii), no
person subject to this Section shall cause or allow on any day
the use of any cleaning solvent in any hand-wipe cleaning
operation that does not comply with one of the following
limits:
A. VOC composite vapor pressure should be
less than 45 millimeters (mm) mercury (Hg) (1.8 inches [in]
Hg) at 20 degrees Celsius ((C) (68 degrees Fahrenheit [(F]).
B. Cleaning solvent shall be an aqueous
cleaning solvent (i.e., a solvent in which water is at least 80
percent of the solvent, as applied).
ii. The requirements of paragraphs (c)(1)(i) of this
Section shall not apply to the following hand-wipe cleaning
operations:
A. Cleaning during the manufacture,
assembly, installation, maintenance, or testing of
components of breathing oxygen systems that are exposed to
the breathing oxygen.
B. Cleaning during the manufacture,
assembly, installation, maintenance, or testing of parts,
subassemblies, or assemblies that are exposed to strong
oxidizers or reducers (e.g., nitrogen tetroxide, liquid oxygen,
and hydrazine).
C. Cleaning and surface activation prior to
adhesive bonding.
D. Cleaning of electronics and assemblies
containing electronics.
E. Cleaning of aircraft fluid system and
ground support equipment fluid systems that are exposed to
the fluid, including air-to-air heat exchangers and hydraulic
fluid systems.
F. Cleaning of fuel cells, fuel tanks, and
limited-access spaces.
G Surface cleaning of solar cells, coated
optics, and thermal control surfaces.
H. Cleaning during fabrication, assembly,
installation, and maintenance of upholstery, curtains, carpet,
and other textile materials used on the interior of the aircraft.
I. Cleaning of metallic and non-metallic
materials used in honeycomb cores during the manufacture
or maintenance of these cores, and cleaning of the completed
cores used in the manufacture of aerospace vehicles or
components.
J. Cleaning of aircraft transparencies.
K. Cleaning associated with research and
development, quality control, and laboratory testing.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
618 PROPOSED REGULATIONS
2. Spray Gun Cleaning Operations.
i. No person subject to this Section shall cause or
allow on any day the use of any spray gun cleaning
techniques that does not comply with one of the following:
A. Use of an enclosed spray gun cleaning
system that is kept closed when not in use.
B. Non-atomized discharge of solvent into a
waste container that is kept closed when not in use.
C. Disassembly of the spray gun and placing
the parts for cleaning in a vat that is kept closed when not in
use.
D. Atomized spray into a waste container that
is fitted with a device that captures atomized solvent
emissions.
E. Any alternative technique that has been
demonstrated to, and accepted by the Department as
producing emissions that are equal to or less than the
emissions from the techniques specified in paragraph
(c)(2)(i)(A) through (D) of this Section. Emissions from any
alternative technique shall be demonstrated pursuant to test
protocols that are approved in advance by the Department.
ii. Any enclosed spray gun cleaner shall be
visually inspected for leaks at least once per month. Such
inspection shall occur while the enclosed spray gun cleaner
is in operation.
iii. Leaks from any enclosed spray gun cleaner
shall be repaired as soon as practicable, but no later than 15
days from when the leak is first discovered.
iv. If any leak is not repaired by the 15th day after
detection, the solvent shall be removed and the enclosed
cleaner shall be shut down until the leak is repaired.
3. Flush Cleaning. Any cleaning solvents used during
flush cleaning operations shall be handled pursuant to
paragraph (c)(8) of this Section.
4. Primer, Topcoat, and Self-Priming Topcoat
Application.
i. Except as provided for in paragraph (c)(4)(ii),
(d) and (e) of this Section, no person subject to this Section
shall cause or allow on any day the application of any
primer, topcoat, and/or self-priming topcoat with a VOC
content that does not comply with the following limits:
A. Primers shall have a VOC content equal to
or less than 350 g/L (2.9 lb/gal), excluding water and exempt
compounds, as applied.
B. Topcoats and self-priming topcoats shall
have a VOC content equal to or less than 420 g/L (3.5 lb/
gal), excluding water and exempt compounds, as applied.
ii. The requirements of paragraphs (c)(4)(i)(B) of
this Section shall not apply to facilities that use less than 50
gallons per consecutive rolling 12-month period of a
particular formulation of topcoat, or self-priming topcoat
provided:
A. Each topcoat and self-priming topcoat
shall have a VOC content equal to or less than 720 g/L (6.0
lb/gal), excluding water and exempt compounds as applied.
B. A total of not more than 200 gallons per
consecutive rolling 12-month period of all such high VOC
coatings are used at the facility.
iii. Except as provided for in paragraph (c)(4)(iv)
of this Section, no person subject to this Section shall cause
or allow on any day the use of any application technique to
apply any primer, topcoat, or self-priming topcoat other than
the following:
A. flow/curtain coat, roll coat, brush coat, dip
coat, cotton-tip swab application, electrostatic spray,
electrodeposition, or high volume low pressure (HVLP)
spray guns;
B. Any alternate technique that has been
demonstrated to and accepted by the Department as
providing emissions that are less than or equal to the
emissions from HVLP or electrostatic spray application
techniques. Emissions from any alternate techniques shall
be demonstrated pursuant to test protocols that are approved
in advance by the Department. Such tests shall, at a
minimum, compare the emission levels determined using an
initial 90-day period of HVLP or electrostatic spray
attraction techniques with the emission levels determined
using the alternate technique for a period of time necessary
to coat the equivalent amount of parts with the same
coatings.
iv. The equipment standards and application
techniques in paragraph (c)(4)(iii) of this Section shall not
apply to the following primer, topcoat and self-priming
topcoat application operations:
A. The application of coatings in any limited
access space.
B. The application of coatings that contain
fillers that adversely affect atomization with HVLP spray
guns and cannot be applied by any of the application
techniques specified in paragraph (c)(4)(iii) of this Section.
C. The application of coatings that normally
have a dried film thickness of less than 0.0005 inches and
cannot be applied by any of the application techniques
specified in paragraph (c)(4)(iii) of this Section.
D. The use of airbrush application methods
for stenciling, lettering, and other identification markings.
E. Any touch-up and repair operation.
v. All application equipment shall be operated
according to the manufacturer's specifications at all times,
even if it is exempt from the equipment standards specified
in paragraph (c)(4)(iii) of this Section.
5. Depainting Operation. No person subject to this
Section shall cause or allow on any day the use of any
stripper that does not comply with one of the following
limits:
i. VOC composite vapor pressure shall be less
than 10 mm Hg (0.4 in. Hg) at 20(C (68(F).
ii. VOC content shall be less than 400 g/L (3.3 lb/
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 619
gal), excluding water and exempt compounds, as applied.
6. Chemical Milling Maskant Application.
Except as provided for in paragraph (d) or (e) of
this Section, no person subject to this Section shall cause or
allow on any day the application of any chemical milling
maskant with a VOC content that does not comply with the
following emission limits:
i. For any Type I maskant, VOC content equal or
less than 622 g/L (5.2 lbs/gal), excluding water and exempt
compounds, shall be applied; or
ii For any Type II maskant, VOC content equal
or less than 160 g/L (1.3 lbs/gal), excluding water and
exempt compounds, shall be applied.
7. Specialty Coatings
Except as provided for in paragraph (d) or (e) of
this Section, no person subject to this Section shall cause or
allow on any day the application of any specialty coating that
has a VOC content, excluding water and exempt compounds,
as applied, that is greater than the limits specified in Table
7-1:
TABLE 7-1. VOC CONTENT LIMITS FOR SPECIALTY COATINGS (g/L)a
Coating Type Limit Coating Type Limit
Ablative Coating 600 Epoxy Polyamide Topcoat 660
Adhesives:
Commercial Interior Adhesive
Cyanoacrylate Adhesive
Fuel Tank Adhesive
Nonstructural Adhesive
Rocket Motor Bonding Adhesive
Rubber-based Adhesive
Structural Autoclavable Adhesive
Structural Nonautoclavable Adhesive
760
1,020
620
360
890
850
60
850
Fire-Resistant (interior) Coating 800
Flexible Primer 640
Flight-Test Coatings:Missile or Single Use Aircraft
All other
420
840
Fuel-Tank Coating 720
High-Temperature Coating 850
Insulation Covering 740
Adhesion promoter 890 Intermediate Release Coating 750
Adhesive Bonding Primers:
Cured at 250oF or below
Cured above 250oF
850
1,030
Lacquer 830
Antichafe coating 660 Maskants (excluding Type I and Type II):
Bonding maskant
Critical Use and Line Sealer Maskant
Seal Coat Maskant
1,230
1,020
1,230
Bearing coating 620 Pretreatment Coating
780
Caulking and smoothing compounds 850 Rain Erosion-Resistant Coating
850
Chemical Agent-Resistant Coating 550 Rocket Motor Nozzle Coating 660
Clear Coating 720 Scale Inhibitor 880
Commercial exterior aerodynamic structure primer 650 Screen Print Ink 840
Compatible Substrate Primer 780 Sealants:
Extrudable/Rollable/Brushable Sealant
Sprayable Sealant
280
600
Corrosion Prevention Compound 710 Silicone Insulation Material 850
Cryogenic Flexible Primer 645 Solid Film Lubricant 880
Cryoprotective Coating 600 Specialized Function Coating 890
Dry Lubricative Material 880 Temporary Protective Coating 320
Electric or Radiation-Effect Coating 800 Thermal Control Coating 800
Electrostatic Discharge and Electromagnetic Interference (EMI)
Coating
800 Wet Fastener Installation Coating 675
Elevated-Temperature Skydrol-Resistant Commercial Primer 740 Wing Coating 850
a Coating limits expressed in terms of mass (grams) of good house keeping 
measures when handling any VOC and
VOC per volume (liters) of coating less water and less any VOC-containing 
material at the facility. Such measures
exempt solvent. To convert from g/L to lbs/gallon multiply shall include:
by 0.00835. A. Handling and transferring all fresh and
8. VOC Handling and Storage. spent cleaning solvent and other VOC-containing 
material to
i. Except as provided in paragraph (c)(8)(ii) of or from any container, tank, 
vat, vessel, or piping system,
this Section, any person subject to this Section shall use etc. in such a manner 
that minimizes losses.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
620 PROPOSED REGULATIONS
B. All fresh and spent solvents and
VOC-containing material shall be stored in closed containers
at all times except during filling or emptying.
C. All solvent-laden cloths, papers, or other
absorbent materials shall be placed in closed containers
immediately after use.
ii. The requirements in paragraph (c)(8)(i) of this
Section shall not apply to wastes that are determined to be
hazardous wastes under the Resource Conservation and
Recovery Act of 1976 (PL 94-580) (RCRA), as implemented
by 40 Code of Federal Regulations (CFR) Parts 260 and 261,
and that are subject to RCRA requirements, as implemented
in 40 CFR Parts 262 through 268.
d. Daily-Weighted Average Limitations. As an alternative
to complying with the individual limits specified in
paragraphs (c)(4)(i)(A), (c)(4)(i)(B), (c)(6)(i), (c)(6)(ii), and
(c)(7) of this Section, coatings in any primer, topcoat,
chemical milling maskant, or specialty coating application
operation shall not be applied at the facility, during any day,
whose daily-weighted average VOC content, calculated in
accordance with the procedure specified in Appendix "C" of
Regulation 24 and the provisions listed below, exceeds the
applicable emission limits in paragraphs (c)(4)(i)(A),
(c)(4)(i)(B), (c)(6)(i), (c)(6)(ii), and (c)(7) of this Section, as
applicable.
1. Averaging between primers, topcoats, self-priming
topcoats, chemical milling maskants and/or specialty
coatings is prohibited.
2. Averaging between coatings used in operations
where air emissions are not captured and controlled and
coatings used in operations where air emissions are captured
and controlled is prohibited.
e. Control Devices.
1. As an alternative to complying with the individual
limits specified in paragraph (c)(4)(i)(A), (c)(4)(i)(B),
(c)(6)(i), (c)(6)(ii), and (c)(7), any person subject to this
Section shall, for any primer, topcoat, self-priming topcoat,
chemical milling maskant, and/or specialty coating
application operation:
i. Install, test, calibrate, operate, maintain, and
monitor according to the manufacturer's specifications, as
approved by the Department, an air pollution control device
consisting of a capture and control system on that operation;
and
ii. Demonstrate that the overall emission
reduction efficiency achieved is equal to or greater than 81
weight percent.
2. The procedures in Appendix "D" and Appendix "E"
of Regulation 24 shall be used to demonstrate compliance
with paragraph (e)(1)(ii) of this Section. The method in
Appendix "I" of Regulation 24 may be used to determine an
alternative multi-day rolling period when calculating the
efficiency of any carbon absorption system.
f. Test Methods.
1. The VOC composite vapor pressure specified in
paragraph (c)(1)(i)(A) and paragraph (c)(5)(i) of this Section
shall be determined either by using ASTM Method E
260-91, manufacturer's supplied data, or standard
engineering reference text values.
2. The water content specified in paragraph
(c)(1)(i)(B) of this Section shall be determined using the test
methods found in Appendix "A" and Appendix "B" of
Regulation 24.
3. The VOC content specified in paragraph
(c)(4)(i)(A) and (c)(4)(i)(B) shall be determined by using the
test method found in Appendix "A" and Appendix "B" of
Regulation 24.
g. Recordkeeping. Any person subject to this Section shall
maintain at the facility for a minimum period of 5 years from
the information's date of record, all of the following
information. Such information shall be immediately
submitted to the Department upon written or verbal request.
1. For any person subject to the requirements of
paragraph (c)(1) of this Section (i.e., hand-wipe cleaning
operations):
i. Identification of each hand-wipe cleaning
solvent used at the facility;
ii. The composite vapor pressure of each
hand-wipe cleaning solvent complying with paragraph
(c)(1)(i)(A), and all supporting documentation, to include
any test reports and/or calculations.
iii. The water content of each hand-wipe cleaning
solvent complying with paragraph (c)(1)(i)(B), and all
supporting documentation, to include any test reports and/or
calculations.
iv. Identification of each hand-wipe cleaning
solvent used at the facility pursuant to paragraph (c)(1)(ii) of
this Section, and a list of the parts, assemblies, or
subassemblies cleaned with each such hand-wipe cleaning
solvent.
2. For any person subject to paragraph (c)(2) of this
Section (i.e., spray gun cleaning):
i. A description of each method used to clean
spray guns.
ii. Records of the inspections conducted pursuant
to paragraph (c)(2)(ii)(A).
iii. For any leak found pursuant to paragraph
(c)(2)(ii)(A), records indicating the source of the leak, the
date the leak was discovered, and the date the leak was
repaired.
3. For any person subject to paragraph (c)(4) of this
Section (i.e., primer, topcoat, and self-priming topcoat
application):
i. For each coating applied pursuant to paragraph
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 621
(c)(4)(ii) of this Section.
A. Not later than the 5th day of each month,
identification of each coating used at the facility pursuant to
paragraph (c)(4)(ii) of this Section during the preceding
month.
B. The volume used of each coating
identified in paragraph (g)(3)(i)(A) of this Section.
C. The summation of the volumes recorded
pursuant to paragraph (g)(3)(i)(B) for the preceding twelve
(12) months.
D. The records required by paragraph (e) of
Section 4 of Regulation 24.
ii. A description of the proper operation of all
coating application equipment used at the facility.
iii Documentation associated with any alternate
coating application techniques approved pursuant to
paragraph (c)(4)(iii)(B) of this Section.
4. For any person subject to paragraph (c)(4), (c)(6),
and (c)(8) of this Section (i.e., primer, topcoat, self-priming
topcoat, chemical milling maskant, and specialty coating
application):
i. Identification of the control strategy employed
(i.e., the combination of complying coatings, daily-weighted
averaging, and control devices used at the facility).
ii. Where complying coatings are used, the
records required by paragraph (c) of Section 4 of Regulation
24.
iii. Where daily-weighted averaging pursuant to
paragraph (d) of this Section is used, the records required by
paragraph (d) of Section 4 of Regulation 24.
iv. Where a control device(s) pursuant to
paragraph (e) of this Section is used, the records required by
paragraph (e) of Section 4 of Regulation 24.
5. For any person subject to paragraph (c)(5) of this
Section:
i. If complying with paragraph (c)(5)(i), the
name, VOC composite vapor pressure, and method and
supporting documentation used to determine the VOC
composite vapor pressure of each stripper used at the
facility.
ii. If complying with paragraph (c)(5)(ii), the
name, VOC content, and method and supporting
documentation used to determine the VOC content of each
stripper used at the facility.
iii. A description of any non-chemical-based
depainting equipment used at the facility, to include the
name and type of equipment or technique.
iv. Records and a description of all malfunctions
of non-chemical-based depainting equipment used at the
facility, to include the dates and alternative depainting
method(s) used.
v. A list of any parts, assemblies, or
subassemblies normally removed during depainting
operations.
6. For any person subject to paragraph (c)(8) of this
Section, a description of the procedures used to ensure that
containers are kept closed when not in use and that solvents
and other VOC-containing materials are stored in closed
containers.
h. Reporting. Notification of any non-compliance with any
requirement of this Section shall be reported to the
Department in accordance with Section 4 and 5 of
Regulation 24, as applicable and any other applicable
Federal or State reporting requirements.
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code,
Section 6010 (7 Del.C. §6010)
SAN # 2002-19
1. Title Of The Regulations:
AMENDMENTS TO DELAWARE 2005 RA
PROGRESS PLAN, and AMENDMEN
DELAWARE PHASE II ATTAINMENT
DEMONSTRATION, toward attainment of the 1-hour
National Ambient Air Quality Standard (NAAQS) for the
ground-level ozone in Kent and New Castle Counties.
2. Brief Synopsis Of The Subject, Substance And
Issues:
The Clean Air Act Amendments of 1990 (CAAA)
requires Delaware to submit to the U.S. Environmental
Protection Agency (EPA) a State Implementation Plan (SIP)
revision for every three years after 1996 to demonstrate how
Delaware will achieve adequate rate-of-progress in reducing
emissions of volatile organic compounds (VOC) and oxides
of nitrogen (NOx), which are major precursors that form
ground-level ozone. Delaware’s 2005 Rate-of-Progress
Plan, which covers the three-year period from 2003 to 2005,
was submitted to EPA in December 2000. Under the
CAAA, Delaware is also required to develop a SIP revision
to demonstrate its capability of attaining the 1-hour ozone
standard in 2005. This SIP revision, termed as the Phase II
Attainment Demonstration, was amended and submitted to
EPA in January 2000. The purpose of this action is (1) to
amend the 2005 RPP, and (2) to amend the Phase II
Attainment Demonstration to reflect mobile emission
budgets using the Mobile 6 emission model. No other
changes to the plans are proposed.
3. Possible Terms Of The Agency Action:
None.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
622 PROPOSED REGULATIONS
4. Statutory Basis Or Legal Authority To Act:
7 Del. C., Chapter 60, Environmental Control
Clean Air Act Amendments of 1990
5. Other Regulations That May Be Affected By The
Proposal:
None
6. Notice Of Public Comment:
A public hearing will be held on November 26, 2002
beginning at 6:00 PM in the Richardson and Robbins
Auditorium, 89 Kings Highway, Dover, Delaware.
7. Prepared By: Frank F. Gao, Project Leader
(302) 323-4542 October 11, 2000
AMENDMENTS TO
Delaware 2005 Rate-of-Progress Plan
FOR KENT AND NEW CASTLE COUNTIES
For Demonstrating
Progress Toward Attainment of the National Ambient
Air Quality Standard for Ground-Level Ozone
Submitted To
U.S. Environmental Protection Agency
By
Delaware Department of Natural Resources and
Environmental Control
Dover, Delaware
November 2002
List of References
1. Federal Clean Air Act, 42 U.S.C.A. '7401 et seq., as
amended by the Clean Air Act Amendments of 1990, P.L.
101-549, November 15, 1990.
2. The Delaware 2005 Rate-of-Progress Plan for Kent
and New Castle Counties, Department of Natural Resources
and Environmental Control, Dover, Delaware, December
2000.
3. Measures to Meet the EPA-Identified Shortfalls in
Delaware Phase II Attainment Demonstration for the
Philadelphia-Wilmington-Trenton Ozone Nonattainment
Area, Department of Natural Resources and Environmental
Control, Dover, Delaware, July 2001.
4. Delaware Regulations Governing the Control of
Air Pollution, Regulation 24 Section 26, Division of Air and
Waste Management, Delaware Department of Natural
Resources and Environmental Control, Dover, Delaware,
Updated to March 8, 1995.
5. Memorandum: Correction Errata to the 15 Percent
Rate of Progress Guidance Document, from J. T. Helms,
Group Leader, Ozone Policy and Standard Group, Office of
Air Quality Planning and Standards, US EPA, Research
Triangle Park, North Carolina, March 17, 1999.
6. 64 FR 70444, December 16, 1999; Approval and
Promulgation of Air Quality Implementation Plans;
Delaware; One-hour Ozone Attainment Demonstration for
the Philadelphia-Wilmington-Trenton Ozone Nonattainment
Area; proposed rule.
7. 66 FR 54598, October 29, 2001; Approval and
Promulgation of Air Quality Implementation Plans;
Delaware; Post-1996 Rate-of-Progress Plans and One-hour
Ozone Attainment Demonstration for the Philadelphia-
Wilmington-Trenton Ozone Nonattainment Area; final rule.
8. Amendments to Delaware Phase II Attainment
Demonstration SIP: Revision of 2005 On-Road Mobile
Source Emission Budgets Using MOBILE 6, Department of
Natural Resources and Environmental Control, Dover,
Delaware, proposed in November 2002.
1. Introduction
Under the Clean Air Act Amendments of 1990 (CAAA,
Reference 1), Kent and New Castle Counties in Delaware
are classified as severe nonattainment areas with respect to
the 1-hour National Ambient Air Quality Standard
(NAAQS) of the ground-level ozone. The CAAA requires
Delaware to submit to the US Environmental Protection
Agency (EPA) a State Implementation Plan (SIP) for the
period between 1990 and 1996, and a revision of such SIP
for every three years after 1996 to demonstrate how to
achieve adequate rate-of-progress in reducing emissions of
volatile organic compounds (VOC) and oxides of nitrogen
(NOx), which are major precursors that form ground-level
ozone. Thus, these SIP revisions are termed as Rate-of-
Progress Plans (RPPs). Delaware’s 2005 Rate-of-Progress
Plan, which covers the three-year period from 2003 to 2005,
was submitted to EPA in December 2000 (Reference 2).
The plan will be referred to hereafter as the 2005 Rate-of-
Progress Plan or simply the 2005 RPP.
This document amends Delaware's 2005 RPP according
to EPA’s requirements on use of the agency’s newly released
MOBILE6 model to reevaluate VOC and NOx emissions
from on-road mobile sources (Reference 7). The
amendments include using MOBILE6 for (1) reevaluating
VOC and NOx emissions for the 2005 attainment year, and
(2) reevaluating VOC and NOx emissions for the 1990 base
year, the 1996, 1999 and 2002 milestone years, to revise the
emission targets for all milestone years. In addition, the
amendments include a section that revises VOC emission
estimates for the Stage I Vapor Recovery Program in Kent
and New Castle Counties. The document concludes that,
with the replacement of MOBILE5b estimates with
MOBILE6 estimates for on-road mobile sources, the revised
VOC emission estimates for the Stage I Program, plus
additional control measure identified in Delaware Shortfall
SIP Revision (Reference 3), Delaware meets the VOC and/
or NOx emission reduction requirements set forth for 2005
by the CAAA.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 623
The agency with direct responsibility for preparing and
submitting this document is the Delaware Department of
Natural Resources and Environmental Control (DNREC),
Division of Air and Waste Management, Air Quality
Management Section (AQM), under the direction of Ali
Mirzakhalili, Program Administrator. The working
responsibility for this document falls within the Planning and
Community Protection (PCP) Branch of AQM, under the
management of Raymond H. Malenfant, Program Manager
II, and Ron Amirikian, Program Manager I. The following
staff members of PCP are responsible for fulfilling this
document:
Frank Gao, Ph.D., P.E., Environmental Engineer
Principal Author and Project Leader
Phil Wheeler, Environmental Planner
Lead person for MOBILE6 modeling
Comments and/or questions regarding this document
should be addressed to F. Gao at (302)323-4542, e-mail
frank.gao@state.de.us, Air Quality Management Section,
DAWM-DNREC, 715 Grantham Lane, New Castle,
Delaware 19720.
2. Revising 1990 Baseline Emission Inventory
Delaware’s 1990 baseline VOC and NOx emissions was
revised in the original 2005 Rate-of-Progress Plan to
accommodate differences in on-road mobile source
emissions estimated by MOBILE5a and MOBILE5b
(Section 1.3, Reference 2). The baseline emissions thereof
need to be revised again to reflect new emission estimates
from MOBILE6. The following formula is used for this
revision:
EMIS90BL-M6 = EMIS90BL-M5b - M5b Emission +
M6 Emission (1)
where, EMIS90BL-M6 = 1990 baseline all-source
emission revised by MOBILE6 for this document;
EMIS90BL-M5b = 1990 baseline all source
emission revised by MOBILE5b in the original 2005 RPP
(Table 1-7, Reference 2);
M5b Emission= mobile source emission
estimated by MOBILE5b;
M6 Emission = mobile source emission
estimated by MOBILE6.
Emission data for MOBILE5b are obtained from the
original 2005 RPP (Appendix F, Reference 2). Emission
data for MOBILE6 are listed in Appendix A of this
document. The revised 1990 baseline VOC and NOx
emissions are summarized in Table 1 below.
Table 1. Delaware 1990 Baseline VOC and NOx
Emissions as Revised for MOBILE6.
Source Sector
Kent New Castle Total NAA
VOC NOx VOC NOx VOC NOx
Point Sources 3.24 6.13 26.94 85.77 30.18 91.90
Stationary Area
Sources
12.78 1.20 34.37 5.40 47.15 6.60
Off-Road
Mobile Sources
3.49 7.89 16.67 18.78 20.17 26.67
On-Road
Mobile Sources
18.42 12.52 47.48 34.07 65.90 46.59
TOTAL
EMISSIONS
37.93 27.75 125.46 144.01 163.39 171.76
To reassess emission targets in each milestone year, the
above baseline emissions must be adjusted to remove VOC
and NOx emission reductions from two pre-1990 control
programs, i.e., the Federal Motor Vehicle Control Program
(FMVCP) and the Reid Vapor Program (RVP). Details of
how to conduct this adjustment are given in the original 2005
RPP (Reference 2). On-road mobile source emission data
required for this adjustment, as estimated using MOBILE6
model, are provided in Appendix A of this document.
Emission reductions from FMVCP and RVP as estimated by
MOBILE6 model are summarized in Table 2. The 1990
baseline emissions adjusted to individual milestone years are
summarized in Table 3. The adjusted baseline emissions
will be used in a later section (Section 5) to reevaluate
emission targets in individual milestone years.
Table 2. Emission Reductions From Fmvcp And Rvp In
On-road Mobile Sources.
Description VOC NOx
1990 Baseline On-Road Mobile 65.90 46.59 (a)
Source Emissions
1990 Adjusted Base Year On-Road
Mobile Source Emissions
Adjusted for 1996 40.51 34.00 (b)1996
Adjusted for 1999 35.98 31.14 (b)1999
Adjusted for 2002 33.36 30.19 (b)2002
Adjusted for 2005 31.00 29.07 (b)2005
FMVCP/RVP
Emission Reductions
For 1990-1996 25.38 12.59 (a)-
(b)1996
For 1990-1999 29.92 15.45 (a)-
(b)1999
For 1990-2002 32.54 16.41 (a)-
(b)2002
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
624 PROPOSED REGULATIONS
For 1990-2005 34.90 17.52 (a)-
(b)2005
Table 3. The 1990 Baseline Emissions Adjusted to
Individual Milestone Years.
3. Revising VOC Emission Estimates for Stage I Vapor
Recovery Program
Stage I Vapor Recovery is a control measure for
gasoline vapor emissions at gasoline dispensing facilities
that result from unloading gasoline from a delivery vessel
(tank truck) into a stationary storage vessel (storage tank).
The vapors displaced in the storage tank by the liquid
gasoline are retrieved into the tank truck and transported
back to the refinery. Delaware Stage I Vapor Recovery
Regulation was revised in January 1993 (Sec. 26 of
Delaware Air Regulation 24, Reference 4). The regulation
requires gasoline storage tanks at gasoline dispensing
facilities to be loaded by submerged filling with vapor
balance system. In the original 2005 RPP, however, VOC
emissions from facilities covered by this regulation were
estimated with an emission factor for the splash filling.
In March 1999, EPA revised one major projection
equation for area sources, including gasoline-dispensing
facilities (Reference 5). This revised equation, as shown
below, allows Delaware to use an emission factor for
balanced and submerged filling to better estimate VOC
emissions from the covered facilities.
Description VOC NOx
1990 Baseline Inventory (All
Sources)
163.39 171.76 (a)
FMVCP/RVP Emission
Reductions
For 1990-1996 25.38 12.59 (b)1996
For 1990-1999 29.92 15.45 (b)1999
For 1990-2002 32.54 16.41 (b)2002
For 1990-2005 34.90 17.52 (b)2005
1990 Adjusted Baseline
Emissions
Relative to 1996 138.01 159.17 (a)-
(b)1996
Relative to 1999 133.47 156.31 (a)-
(b)1999
Relative to 2002 130.85 155.35 (a)-
(b)2002
Relative to 2005 128.49 154.24 (a)-
(b)2005
. .CEPY ..REPY ..RPPY ..
EMIS =ORATE×GF×EFPY.
  
2-
.
. 
100
ÿ
.
. 100ÿ
.
. 
100
ÿ
.
PY BY
(2)
where EMISPY = Projection year (2005) emission;
ORATEBY = Base year activity level
= 190 thousand gallons per day for Kent
County
= 608 thousand gallons per day for New
Castle County;
GF = growth factor
= 0.91 for both counties.
EFPY = emission factor for balanced submerged
filling
= 0.3 lb. per thousand gallons;
CEPY = control efficiency in projection year
= 100 along with the submerged EFPY for
both counties;
REPY = rule effectiveness in projection year
= 80% for both counties;
RPPY = rule penetration
= 100 for both counties.
Using Eq. (2) and the above parameters, VOC emissions
from Stage I facilities can be re-estimated as:
. .100 80..100
:EMIS=190091032-. ÿ
.
.
.
. 
ÿ
.
. 
ÿ
.
.
.
× 1 =0.03TPD Kent PY × . × . .
  .100100100 2000
. .10080..100
New :EMIS ×091032-. ÿ.
..
. 
ÿ
.
. 
ÿ.
.
.
× 1 =0.10TPD Castle PY =608. × . .
  .100100100 2000
In the original 2005 RPP, VOC emissions from Stage I
facilities are 0.20 TPD and 0.64 TPD for Kent County and
New Castle County, respectively.
4. Revising Control Strategy Projections for Individual
Milestone Years
To re-evaluate 2005 VOC and NOx emission targets
with mobile source emissions generated by MOBILE6, the
control strategy projections in all previous milestone years
must be also re-evaluated for MOBILE6. An equation
similar to Eq. (1) is used for this purpose:
EMISPY-M6 = EMISPY-M5b - M5b-C-Emis + M6-CEmis
(2)
where, EMISPY-M6= projection year all-source emission
revised by
MOBILE6;
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 625
EMISPY-M5b = projection year all-source emission
revised by
MOBOILE5b in the original 2005 RPP
(Table 1-7,
Reference 2);
M5b-C-Emis= control strategy mobile source
emissions estimated by
MOBILE5b (Appendixes F and L,
Reference 2);
M6-C-Emis = control strategy mobile source
emissions estimated by
MOBILE6 (Appendix A of this
document).
For 2005, in addition to the above adjustment regarding
MOBILE6, the VOC emission differences for the Stage I
facilities must be also adjusted in the same manner. The
revised control strategy emissions for individual milestone
years are summarized in Table 4.
Table 4. Revised Control Strategy Projections for
Individual Milestone Years.
Milestone Kent New Castle Total NAA
Year VOC NOx VOC NOx VOC NOx
1996 26.79 27.38 97.34 150.19 124.13 177.58
1999 24.66 23.45 91.94 114.91 116.61 138.36
2002 21.77 22.64 83.23 112.96 104.99 135.60
2005 19.98 20.35 77.32 110.40 97.29 130.75
5. Reevaluating Emission Targets for Individual
Milestone Years
Details of how to estimate emission targets for 1996,
1999, 2002 and 2005 have been described in Sections 1.3
and 1.4 of the original 2005 RPP (Reference 2). Therefore,
only outlines for the necessary calculations and brief
explanations are given herein.
(1). Calculating Fleet Turnover Corrections for On-
Road Mobile Sources
Fleet turnover corrections are differences in FMVCP/
RVP emission reductions between two adjacent milestone
years, as indicated in Table 5.
Table 5. Fleet Turnover Corrections for On-Road Mobile
Sources.
Fleet Turnover Correction VOC NOx *
For 1996-1999 4.53 2.86** (b)1996-(b)1999
For 1999-2002 2.62 0.96 (b)1999-(b)2002
For 2002-2005 2.37 1.11 (b)2002-(b)2005
* Data from Table 2.
** Not needed for 1999 NOx target
calculation.
(2). Calculating VOC Emission Targets in 2005 without
NOx Substitution
The CAAA requires that Delaware obtain 15% VOC
emission reduction between 1990 and 1996, and a 9% VOC
and/or NOx reduction every three years thereafter. The
VOC targets levels for all milestone years are calculated
first, as indicated in Table 6. It should be noted that the fleet
turnover correction must be incorporated in the calculation
because they are actually emission reductions from FMVCP
and RVP that are creditable reductions.
Table 6. Emission Targets of VOC for Individual
Milestone Years.
1996 Milestone
Year
1990 1996
Baseline Req. 15%
Reduction
FMVCP/RVP Target Level
(a) (b) (c) (d)=(a)-(b)-
(c)
163.39 20.70 25.38 117.31
1999 Milestone Year
1996 1999
Target Level Req. 9%
Reduction
Fleet
Turnover
Target Level
(a) (b) (c) (d)=(a)-(b)-
(c)
117.31 12.01 4.53 100.76
2002 Milestone Year
1999 2002
Target Level Req. 9%
Reduction
Fleet
Turnover
Target Level
(a) (b) (c) (d)=(a)-(b)-
(c)
100.76 11.78 2.62 86.36
2005 Milestone Year
2002 2005
Target Level Req. 9%
Reduction
Fleet
Turnover
Target Level
(a) (b) (c) (d)=(a)-(b)-
(c)
86.36 11.56 2.37 72.43
(3). Calculating Creditable VOC Emission Reductions
Comparing Table 4 and Table 6 indicates that the VOC
control strategy projection for all milestone years are higher
than the target levels. Thus, NOx emission reductions must
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
626 PROPOSED REGULATIONS
be considered to meet the required rate-of-progress emission
reductions. First, the creditable VOC emissions and
percentages must be determined, as shown in Table 7.
Table 7. Creditable Voc Emission Reductions And
Percentages.
Description Emissions
1999 Milestone Year
1990 Baseline VOC Emission
Adjusted for 1999
133.47 (a)
1996 VOC Target Level 117.31 (b)
VOC Fleet Turnover Correction for
1996-1999
4.53 (c)
1999 VOC Control Strategy
Projection*
116.61 (d)
Creditable VOC Emission
Reductions for 1999
-3.83 (e)=(b)-(c)­(
d)
% of VOC Reductions for 1999 Rateof-
Progress
-2.87% (f)=(e)/
(a)x100
2002 Milestone Year
1990 Baseline VOC Emission
Adjusted for 2002
130.85 (a)
1999 VOC Target Level 116.61 (b)
VOC Fleet Turnover Correction for
1999-2002
2.62 (c)
2002 VOC Control Strategy
Projection*
104.99 (d)
Creditable VOC Emission
Reductions for 2002
8.99 (e)=(b)-(c)­(
d)
% of VOC Reductions for 2002 Rateof-
Progress
6.87% (f)=(e)/
(a)x100
2005 Milestone Year
1990 Baseline VOC Emission
Adjusted for 2005
128.49 (a)
2002 VOC Target Level 104.99 (b)
VOC Fleet Turnover Correction for
2002-2005
2.37 (c)
2005 VOC Control Strategy
Projections*
97.29 (d)
Creditable VOC Emission
Reductions for 2005
5.33 (e)=(b)-(c)­(
d)
% of VOC Reductions for 2005 Rateof-
Progress
4.15% (f)=(e)/
(a)x100
(4). Calculating Required NOx Emission Reductions.
The guidance of this calculation is that the percentages
of NOx emission reductions plus the creditable VOC
reduction percentages in Table 7 must equal to 15% for 1996
and to 9% for each milestone year thereafter. The
calculations and results are summarized in Table 8.
Table 8. Required NOx Emission Reductions for
Individual Milestone Years.
Description NOx
Emissions
1999 Milestone Year
1990 Baseline NOx Emission Adjusted
for 1999
156.31 (a)
% VOC Reductions for 1999 Rate-of-
Progress
-2.87% (b)
% NOx Reductions for 1999 Rate-of-
Progress
11.87% (c)
Total % of VOC/NOx Reduction 9.00% (d)=(b)+(c
)
NOx Emission Reductions Required
for 1996-1999
18.56 (e)=(a)x(c
)
2002 Milestone Year
1990 Baseline NOx Emission Adjusted
for 2002
155.35 (a)
% VOC Reductions for 2002 Rate-of-
Progress
6.87% (b)
% NOx Reductions for 2002 Rate-of-
Progress
2.13% (c)
Total % of VOC/NOx Reduction 9.00% (d)=(b)+(c
)
NOx Emission Reductions Required
for 1999-2002
3.30 (e)=(a)x(c
)
2005 Milestone Year
1990 Baseline NOx Emission Adjusted
for 2005
154.24 (a)
% VOC Reductions for 2005 Rate-of-
Progress
4.15% (b)
% NOx Reductions for 2005 Rate-of-
Progress
4.85% (c)
Total % VOC/NOx Reduction 9.00% (d)=(b)+(c
)
NOx Emission Reductions Required
for 2002-2005
7.48 (e)=(a)x(c
)
(5) Calculating Emission Targets for Both VOC and
NOx.
By setting the VOC control strategy projections in Table
4 as VOC target levels for 1999, 2002 and 2005, and using
required NOx emission reductions as determined in Table 8,
the target levels of NOx emissions in individual milestone
years, including 2005, can be calculated. Both VOC and
NOx emission targets are summarized in Table 9.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 627
Table 9. Target Levels for Both VOC and NOx
Emissions.
6. Additional Controls and Adequacy of 2005 Rate-of-
Progress Plan
As shown in Table 9, the target levels of VOC emission
and NOx emission in 2005 are 97.29 TPD and 124.90 TPD,
respectively. Comparison of these two targets with the 2005
control strategy projections, as revised in Table 4, indicates
that, with all control measures proposed in the original 2005
RPP, Delaware will still have a 5.85 TPD shortfall in NOx
emission reduction (Shortfall = Target Level – Control
Strategy Projection = 124.90 – 130.75 = -5.85 TPD). Thus,
additional controls on either VOC or NOx emissions are
needed for 2005.
In July 2001, Delaware submitted to EPA a SIP revision
entitled "Measures to Meet the EPA-Identified Shortfalls in
Delaware Phase II Attainment Demonstration for the
Philadelphia-Wilmington-Trenton Ozone Nonattainment
Area" (Reference 3, hereafter referred to as the Shortfall
SIP). The EPA has proposed approval for the 6 new/
amended regulations specified in the Shortfall SIP in
September 2002. In the Shortfall SIP, Delaware adopted
into the Delaware SIP 6 new or amended regulations with
Description
Emissions (TPD)
VOC NOx
1996 Target Level-VOC
1990 Baseline Adjusted for
1999-NOx
117.31
156.31
(a)
1999 Milestone Year
Emission Reduction for Rateof-
Progress
-3.83 18.56 (b)
Fleet Turnover Correction for
1996-1999
4.53 0.00 (c)
Target Level for 1999 116.61 137.75 (d)=(a)-
(b)-(c)
2002 Milestone Year
Emission Reduction for Rateof-
Progress
8.99 3.30 (e)
Fleet Turnover Correction for
1999-2002
2.62 0.96 (f)
Target Level for 2002 104.99 133.49 (g)=(d)-
(e)-(f)
2005 Milestone Year
Emission Reduction for Rateof-
Progress
5.33 7.48 (h)
Fleet Turnover Correction for
2002-2005
2.37 1.11 (i)
Target Level for 2005 97.29 124.90 (j)=(g)-
(h)-(i)
compliance dates before the ozone season of 2005. These
new regulations are expected to lead to an additional 4.96
TPD VOC emission reduction and an additional 0.36 TPD
NOx emission reduction in 2005 (Section 3.1 and Table 3,
Reference 3).
Delaware hereby further amends the original 2005 RPP
by adding the above 6 regulations to its control measure list.
These 6 new/amended regulations make the 2005 RPP
adequate by clearing the 5.85 TPD NOx reduction shortfall
caused by switching MOBILE5b to MOBILE6. This
judgement of adequacy can be reached by the following
steps.
(1) The 1990 baseline VOC and NOx emissions
adjusted to 2005 are 128.49 TPD and 154.24 TPD,
respectively (Table 3, this document). The ratio of VOC and
NOx baseline emissions is
VOC : NOx = 128.49 : 154.24 = 1 : 1.20
(2) According to the above ratio, the additional 4.96
TPD VOC emission reduction in the Shortfall SIP is
equivalent to 5.95 TPD NOx reduction (4.96x1.20=5.95
TPD). Thus, the total additional NOx emission reduction
from the 6 new/amended regulations is 6.31 TPD
(5.95+0.36=6.31 TPD), which is greater than the NOx
shortfall of 5.85 TPD caused by MOBILE6.
(3) Therefore, adding the 6 new/amended regulations
to the original 2005 RPP will enable Delaware to
successfully meet the 2005 emission targets set forth under
the rate-of-progress requirements.
[Note: The above adequacy could be also determined by
revising the 2005 control strategy projections first (Section
4), and then following the steps used in Section 5. The
calculation results would be the same.]
It should be pointed out that the MOBILE6-based
emissions in 2005 (Appendix A of this document) are also
the revised on-road mobile source emission budgets for Kent
and New Castle Counties for the purposes of meeting the
transportation conformity requirements set forth in Section
182 of the CAAA. It should be noted that the revised
budgets are calculated using MOBILE6 emission factors and
the related planning assumptions (i.e., VMT, speed data,
fleet mix) currently available and used in the original 2005
RPP. After January 29, 2003 the mobile budgets established
by this SIP revision shall be used to determine the
conformity of transportation plans and programs to the SIP
(Reference 6 and 7).
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
628 PROPOSED REGULATIONS
Appendixes
Appendix A: Summary of MOBILE6-Based Emission
Estimates.
Table A1. MOBILE6-Based Estimates for On-Road
Mobile Sources.
Inventory Title Kent County New Count Total NAA
Castle y
VOC NOx VOC NOx VOC NOx
1990 Base Year 18.4 12.52 47.48 34.07 65.90 46.59
2
1990 Baseline
Adjusted to 1996 11.1 9.23 29.35 24.77 40.51 34.00
6
Adjusted to 1999 9.72 8.41 26.26 22.73 35.98 31.14
Adjusted to 2002 8.80 8.07 24.56 22.11 33.36 30.19
Adjusted to 2005 7.93 7.66 23.07 21.41 31.00 29.07
Emissions with Controls
1996 11.0 10.15 29.36 25.93 40.39 36.08
3
1999 9.70 9.20 26.75 23.96 36.46 33.16
2002 7.53 8.44 20.66 22.18 28.20 30.63
2005 6.06 7.39 16.13 19.94 22.19 27.33
Note: The emissions in the table are calculated with emission
factors generated by MOBILE6, and VMTs and speeds
currently used in the original 2005 RPP (Appendix F,
Reference 2). The VMT and speeds represent the latest
planning assumptions available to DNREC, and registration
data used is for the corresponding year.
Appendix B: MOBILE 6 Input/Output Files and
Emission Calculations
Available upon request.
(Proposal)
AMENDMENTS TO
Delaware Phase II Attainment Demonstration For The
Philadelphia-Wilmington-Trenton
Ozone Non-attainment Area
Submitted To
U.S. Environmental Protection Agency
by
Delaware Department Of Natural Resources And
Environmental Control
Dover, Delaware
November 2002
List of References
1. Federal Clean Air Act, 42 U.S.C.A. '7401 et seq., as
amended by the Clean Air Act Amendments of 1990, P.L.
101-549, November 15, 1990.
2. Delaware Phase II Attainment Demonstration for
Philadelphia-Wilmington-Trenton Ozone Nonattainment
Area, Delaware Department of Natural Resources and
Environmental Control, Dover, Delaware, May 1998, as
amended in January 2000, and in December, 2000.
3. Memorandum: Policy Guidance on the Use of
MOBILE6 for SIP Development and Transportation
Conformity, from John S. Seitz, Director of Office of Air
Quality Planning and Standards, and Margo T. Oge, Director
of Office of Transportation and Air Quality, US EPA,
Washington D.C., January 18, 2002.
4. Delaware 1996 Milestone Demonstration for Kent
and New Castle Counties: Demonstrating Adequate
Progress toward Attainment of the 1-Hour National Ambient
Air Quality Standard for Ground-Level Ozone, Delaware
Department of Natural Resources and Environmental
Control, Dover, Delaware, January 2000.
5. The Delaware 2005 Rate-of-Progress Plan for Kent
and New Castle Counties, Delaware Department of Natural
Resources and Environmental Control, Dover, Delaware,
December 2000.
6. Amendments to Delaware 2005 Rate-of-Progress
Plan for Kent and New Castle Counties, Delaware
Department of Natural Resources and Environmental
Control, Dover, Delaware, as proposed in November 2002.
7. 64 FR 70444, December 16, 1999; Approval and
Promulgation of Air Quality Implementation Plans;
Delaware; One-hour Ozone Attainment Demonstration for
the Philadelphia-Wilmington-Trenton Ozone Nonattainment
Area; proposed rule.
8. 66 FR 54598, October 29, 2001; Approval and
Promulgation of Air Quality Implementation Plans;
Delaware; Post-1996 Rate-of-Progress Plans and One-hour
Ozone Attainment Demonstration for the Philadelphia-
Wilmington-Trenton Ozone Nonattainment Area; final rule.
1. Introduction
Under the Clean Air Act Amendments of 1990 (CAAA,
Reference 1), Kent and New Castle Counties in Delaware
are classified as severe nonattainment areas with respect to
the 1-hour National Ambient Air Quality Standard
(NAAQS) of the ground-level ozone. The CAAA requires
Delaware to submit to the US Environmental Protection
Agency (EPA) a State Implementation Plan (SIP) revision to
demonstrate that the 1-hour ozone standard can be attained
in 2005 in these two counties with necessary and adequate
control measures over VOC and NOx emission sources.
This SIP revision, entitled "Delaware Phase II Attainment
Demonstration for Philadelphia-Wilmington-Trenton Ozone
Nonattainment Area," was originally submitted to EPA in
May 1998, and amended two times thereafter (Reference 2).
One requirement of EPA for a state’s attainment
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 629
demonstration SIP revision is to set up on-road motor
vehicle VOC and NOx emission budgets for use in
transportation conformity analysis in that state. In its
amendments to the Phase II Attainment Demonstration SIP
in January 2000, Delaware set up these two budgets for 2005
using EPA’s MOBILE5b model and including MOBILE5-
based Tier 2 benefits. In its amendments to the Phase II
Attainment Demonstration SIP in December 2000, Delaware
committed that it would revise the budgets within one year
after the release of the then-anticipated MOBILE6 model. In
January 2002, EPA officially released the MOBILE6 model.
The document proposed herein is to use MOBILE6
model to revise the on-road motor vehicle VOC and NOx
emission budgets in the Delaware Phase II Attainment
Demonstration SIP, as amended in January 2000 (Reference
2). The agency with direct responsibility for preparing and
submitting this document is the Delaware Department of
Natural Resources and Environmental Control (DNREC),
Division of Air and Waste Management, Air Quality
Management Section (AQM), under the direction of Ali
Mirzakhalili, Program Administrator. The working
responsibility for this document falls within the Planning and
Community Protection (PCP) Branch of AQM, under the
management of Raymond H. Malenfant, Program Manager
II, and Ron Amirikian, Program Manager I. The following
staff members of PCP are responsible for fulfilling this
document:
Frank Gao, Ph.D., P.E., Environmental Engineer
Principal Author and Project Leader
Phil Wheeler, Environmental Planner
Lead person for MOBILE6 modeling
Comments and/or questions regarding this document
should be addressed to F. Gao at (302)323-4542, e-mail
frank.gao@state.de.us, or Phil Wheeler at (302)739-4791, email
phillip.wheeler@state.de.us, Air Quality Management
Section, DAWM-DNREC, 156 South State Street, Dover,
DE 19901.
2. Requirements of EPA on Use of MOBILE6 Model
In January 2002, EPA officially released the MOBILE6
model for states to use in their ozone SIP revisions and
transportation conformity analysis. In a policy guidance
regarding the use of MOBILE6 model (Reference 3), EPA
requires that, if a state used MOBILE5-based Tier 2 benefits
when it determined its previous on-road motor vehicle
emission budgets, the state must revise those budgets within
one year after MOBILE6 is released, and submit the revised
budgets to EPA as a SIP revision. Since Delaware used the
MOBILR5-based Tier 2 benefits in its last mobile budget
SIP submittal, Delaware needs to meet this requirement
upon the MOBILE6 release (See also References 7 and 8).
According to the same guidance, Delaware can revise its
motor vehicle emission budgets using MOBILE6 without
revising the entire Phase II Attainment Demonstration SIP or
completing additional modeling, if Delaware can satisfy the
following two criteria: (1) the SIP continues to demonstrate
attainment when the MOBILE6 is used to estimate motor
vehicle emissions and to set up new emission budgets, and
(2) the growth and control strategy assumptions for
stationary sources and non-road mobile sources continue to
be valid to maintain the overall conclusions of the SIP.
Delaware decides not to revise the entire Phase II
Attainment Demonstration SIP and not to conduct additional
modeling. The second criterion above can be satisfied by the
following two documents: (1) Delaware 1996 Milestone
Demonstration for Kent and New Castle Counties
(Reference 4), and (2) Delaware 1999 Milestone
Compliance Demonstration for Kent and New Castle
Counties (currently under development). In these two
documents, Delaware has successfully demonstrated that the
overall emissions of VOC and/or NOx in the 1996 and 1999
Periodical Emission Inventories are below the emission
targets in these two milestone years, which indicates
continuous adequate progress toward the attainment of the 1-
hour ozone standard in 2005.
In the following sections of this document, Delaware
will show that EPA’s first criterion will be satisfied by
demonstrating that the MOBILE6 estimates of motor vehicle
emissions are equal to or lower than the previous MOBILE5
estimates for the attainment year of 2005.
3. MOBILE6 Estimates of On-Road Mobile Source
Emissions
The MOBILE6 modeling has been conducted in-house
by staff members of DNREC Air Quality Management
Section. The modeling domain includes all control measures
specified in Delaware’s 2005 Rate-of-Progress Plan
(Reference 5). The model input files, output files, and
summary of emission factors generated by MOBILE6 are
provided in Appendix A of this document. Using the
emission factors generated by MOBILE6 and the VMT/
speed data currently available and used in the original 2005
RPP, the MOBILE6-based motor vehicle emissions can be
calculated. The calculations and results are also presented in
Appendix A. The MOBILE6 estimates of on-road motor
vehicle emissions are summarized in Table 1.
Table 1. MOBILE6 Estimates of On-Road Motor Vehicle
Emissions in 2005.
Attainment
Year
Kent County New
Castle
Count
y
Total NAA
*
2005
Emission
(TPD)
VOC NOx
6.06 7.39
VOC NOx
16.13 19.94
VOC NOx
22.19 27.33
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
630 PROPOSED REGULATIONS
*NAA: Non-Attainment Area.
4. Comparison of MOBILE6-Based Estimates and
MOBILE5b-Based Estimates
The MOBILE5-based estimates of on-road motor
vehicle emissions in 2005 are presented in Table 2. These
estimates are also the on-road motor vehicle emission
budgets as specified in Delaware’s Phase II Attainment
Demonstration SIP, as amended in January 2000 (Reference
2). Details of how Delaware conducted MOBILE5b
modeling work and obtained these estimates are provided in
Delaware’s 2005 Rate-of-Progress Plan (Reference 5).
Table 2. MOBILE5 Estimates of On-Road Motor Vehicle
Emissions in 2005.
Attainment
Year
Kent County New
Castle
County Total NAA
*
2005 VOC NOx VOC NOx VOC NOx
Emission
(TPD)
4.84 7.91 14.76 22.92 19.60 30.83
*NAA: Non-Attainment Area.
Comparison of MOBILE6-based estimates and
MOBILE5-based estimates can be made through the
following steps.
1. For the total non-attainment area (NAA), the MOBILE6
VOC emission is 2.59 TPD higher than the MOBILE5 VOC
emission (22.19 – 19.60 = 2.59 TPD), while the MOBILE6
NOx emission is 3.50 TPD lower than the MOBILE5 NOx
emission (27.33 – 30.83 = - 3.50 TPD).
2. Delaware’s 1990 baseline VOC and NOx emissions, as
adjusted to the attainment year of 2005 using MOBILE6
model, are 128.49 TPD and 154.24 TPD, respectively
(Reference 6). Thus, the VOC-to-NOx emission ratio is 1-to-
1.2.
3. Using the above VOC-to-NOx emission ratio, the 2.59
TPD VOC emission increase due to using MOBILE6 is
equivalent to a 3.11 TPD NOx emission increase (2.59 x
1.20 = 3.11 TPD). This equivalent NOx emission increase is
smaller than the 3.50 TPD NOx emission decrease as
indicated in (1) above.
The above comparison indicates that in the attainment
year of 2005, the new MOBILE6 estimates are lower than
the MOBILE5 estimates previously presented in Delaware’s
Phase II Attainment Demonstration SIP, as mended in
January 2000 (Reference 2), and in Delaware’s 2005 Rateof-
Progress Plan (Reference 5). Therefore, the first criterion
specified in EPA’s MOBILE6 guidance document
(Reference 3) is satisfied.
5. New MOBILE6-Based Motor Vehicle Emission
Budgets
Since the two criteria specified in EPA’s MOBILE6
guidance document (Reference 3) are satisfied, Delaware
decides to set the new MOBILE6-based estimates to be the
new on-road motor vehicle emission budgets for Kent and
New Castle Counties, as presented in Table 3. After January
29, 2003 the mobile budgets established by this SIP revision
shall be used to determine the conformity of transportation
plans and programs to the SIP (Reference 7 and 8).
Table 3. New MOBILE6-Based Motor Vehicle Emission
Budgets for 2005.
Attainment
Year
Kent County New
Castle
Count
y
Total NAA
2005 VOC NOx VOC NOx VOC NOx
Budgets (TPD) 6.06 7.39 16.13 19.94 22.19 27.33
Appendix A: MOBILE6 Input/Output Files, Emission
Factors and Calculations.
Available upon request.
EXECUTIVE DEPARTEMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
Statutory Authority: 29 Delaware Code,
Sections 5005(11) & 7903(10); 30 Del.C. 2004
Department Of Health And Social Services
Tax Appeal Board
Notice Of Proposed Regulation Governing Neighborhood
Assistance Act Tax Credit Program
Title Of Regulation
Neighborhood Assistance Act Tax Credit Program
Regulation
Nature Of Proceedings; Synopsis Of The Subject And
Substance Of The Proposed Regulation
In accordance with procedures set forth in 29 Del. C.
Ch. 11, Subch. III and 29 Del. C. Ch. 101, the Secretary of
the Department of Health and Social Services, the Director
of the Delaware Economic Development Office and the
members of the Tax Appeal Board are proposing to adopt
regulations pertaining to the tax credit set forth in the
Neighborhood Assistance Act, 30 Del. C. §§2001 — 2007.
The regulation sets forth certain definitions pertaining to the
Act and the regulation and explains how to apply for an
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 631
NAA Credit and the procedures pertaining to the application
process.
Statutory Basis And Legal Authority To Act
29 Del. C. §§ 5005(11) & 7903(10); 30 Del. C. § 2004.
Other Regulations Affected:
None.
Notice Of Public Hearing; How To Comment On The
Proposed Regulations
Members of the public may receive a copy of the
proposed amendments to the regulation at no charge by
United States Mail by writing or calling Mr. Jack Tarburton,
Delaware Economic Development Office, 99 Kings
Highway, Dover, DE, 19901-7305, phone (302) 739-4271.
The Secretary of the Department of Health and Social
Services, the Director of the Delaware Economic
Development Office and the members of the Tax Appeal
Board, or an employee of the Delaware Economic
Development Office designated by the Secretary, the
Director and the members of the Tax Appeal Board, will
hold a public hearing at which members of the public may
present comments on the proposed regulation on December
2, 2002 in the conference room of the offices of the
Delaware Economic Development Office on the 10th floor of
the Carvel State Office Building, 820 N. French Street,
Wilmington, DE, 19801 from 5:00 PM to 7:00 PM.
Additionally, members of the public may present written
comments on the proposed regulation by submitting such
written comments to Mr. Jack Tarburton at the address of the
Delaware Economic Development Office set forth above.
Written comments must be received on or before November
30, 2002.
Neighborhood Assistance Act Tax Credit Program
Regulation
1.0 Introduction
This regulation is promulgated under the authority
granted by 30 Del. C. §2004 to the Secretary of DHSS, the
Director of DEDO, and the TAB to make regulations for the
approval or disapproval of Applications from Business
Firms for the NAA Credit. The Act, administered by
DHSS, DEDO & TAB, is the Neighborhood Assistance Act,
30 Del. C. §§ 2001 – 2007. The Act is designed to
encourage both Contributions by Business Firms to
Neighborhood Organizations, Community Development
Corporations and Community-Based Development
Organizations performing Community Service and offering
Neighborhood Assistance and the direct operation by
Business Firms of Programs for the provision of Job
Training, Education, Community Services, Crime
Prevention Housing and Economic Development to benefit
individuals living in Impoverished Areas.
This regulation sets forth the definition of certain terms
used in the Act and describes (i) the eligibility requirements
for Business Firms desiring to participate in the program, (ii)
the processes used by the Council to provide guidance and
recommendations to the Director of DEDO and the TAB on
business firms that should receive a tax credit, (iii) how to
apply for the tax credit, (iv) how the Council will assist
DEDO, DHSS and the TAB.
2.0 Definitions.
For purposes of this regulation, initially capitalized
terms not otherwise defined in this section 2.0 shall have the
meanings set forth in the Act.
For purposes of this regulation, initially capitalized
terms not defined by the Act shall have the following
definitions:
"Act" means the Neighborhood Assistance Act, 30 Del.
C. §§2001 – 2007, as amended from time to time.
"Administrator" means the DHSS, DEDO and the TAB,
with the guidance of the Council. For purposes of the
approval process over Applications, DEDO shall have
primary responsibility for administration of the Act.
"Applicant" means a Business Firm that makes an
application for approval of an Investment or a Program in
accordance with this regulation.
"Application" means an application made by an
Applicant on the form prescribed by the Administrator
setting forth pertinent information pertaining to (i) the
Applicant, (ii) the Investment proposed, including, as
appropriate, the qualification of the recipient of a
Contribution as a Neighborhood Organization, a Community
Development Corporation or Community-Based
Development Organization, (iii) the purposes for which such
Neighborhood Organization, a Community Development
Corporation or Community-Based Development
Organization will expend or use a Contribution, (iv) a
description of a Program, (v) the amount of cash support that
will be used in the Program and detailed information
concerning the underlying factual basis and valuation
methodology that the Applicant used to value goods and
services proposed to be furnished in connection with a
Program, (vi) the Impoverished Area or Low Income People
involved, and (vii) such other information or types of
information as the Administrator deems necessary. The
Administrator may require submission of additional
materials to substantiate information elicited by an
Application.
"Contribution" means a contribution of money or of
goods and services, valued at their Fair Market Value, to (i) a
Neighborhood Organization for use by such organization in
providing Community Services or in offering Neighborhood
Assistance, or (ii) a Community Development Corporation
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
632 PROPOSED REGULATIONS
or Community-Based Development Organization for use by
such organization in the planning and implementation of
Economic Development projects. Contributions of in-kind
goods and services and/or loans of money will not be
considered contributions for this program.
"Council" means the Neighborhood Assistance Act
Advisory Council established by 30 Del. C. §2004.
"DEDO" means the Delaware Economic Development
Office.
"DHSS" means the Department of Health and Social
Services.
"Emergency Assistance" means the provision of
payments or services for families in order to eliminate or
alleviate an emergency condition. An "emergency
condition" is defined the loss of the family shelter or the loss
of energy supply to the family shelter.
"Fair Market Value" means, with respect to an item of
goods or services, the price in a market in which the item of
such goods or services is most commonly sold to the public
at which such item would change hands between a willing
buyer and a willing seller, neither being under any
compulsion to buy or to sell, and both having reasonable
knowledge of relevant facts.
"Impoverished Area" means any clearly-defined,
economically distressed urban or rural area in the State of
Delaware that has been certified as such by DHSS, with the
advice of the Council, and approved by the TAB in a
regulation-making proceeding in accordance with the
Delaware Administrative Procedures Act. DHSS shall make
its certification of an Impoverished Area based on federal
census studies and current indices of social and economic
conditions, including an analysis of Block Groups as defined
by the United States Census Bureau, which studies and
indices shall be identified in connection with the regulationmaking
proceeding. DHSS shall make publicly available
accurate verbal descriptions and maps of all Impoverished
Areas that it certifies and that the TAB approves. By
regulation-making proceeding under the Delaware
Administrative Procedures Act, DHSS may modify the
description of an Impoverished Area, revoke the status of an
area as an Impoverished Area, and designate new
Impoverished Areas; provided, however, that any such
modifications, revocations or additional designations shall
be based on federal census studies and current indices of
social and economic conditions that are identified by DHSS;
and provided further, that no modification of the description
of an Impoverished Area or revocation of the status of an
Impoverished Area as such shall operate to deprive any
person of a NAA Credit that has previously been granted.
"Investment" means (i) the amount of a Contribution
or (ii) the amount of money and the Fair Market Value of
goods and services proposed to be made or expended within
the taxable year of the Applicant on a Program.
"Locally Based" means, with respect to a Community
Development Corporation or a Community-Based
Development Organization, that such Community
Development Corporation or Community-Based
Development Organization is organized by residents of and
located in one or more of the Impoverished Areas in which
they serve.
"Low Income People" or "Low Income Person" means
individuals or an individual with an annual income that is
fifty percent (50%) or below the established median income
for the State as established by the United States census and
maintained by the State Data Center at DEDO.
"NAA Credit" means the credit described in 30 Del. C.
§2005, subject to the limitations of 30 Del. C. §2006 and
regulations governing the NAA Credit promulgated by the
Delaware Division of Revenue.
"Program" means the direct provision by an Applicant
in an Impoverished Area of (i) Neighborhood Assistance, (ii)
Job Training for individuals not employed by the Applicant,
(iii) Education for individuals not employed by the
Applicant, (iv) Community Services, (v) Crime Prevention,
(vii) Housing, or (viii) Economic Development.
"Proposal" means the description of the relationship
between the Business Firm making an Application and the
Neighborhood Organization, Community Development
Corporation, or Community-Based Development
Organization to which the Business Firm will make a
Contribution and a description of how the Neighborhood
Organization will provide Community Services or
Neighborhood Assistance or of how the Community
Development Corporation or Community-Based
Development Organization will engage in Economic
Development.
"Resident-Controlled" means, for purposes of the
definition in the Act of the terms "Community Development
Corporation" and "Community-Based Development
Organization," an organization that otherwise meets the
definition of a "Community Development Corporation" or
"Community Based Development Organization" under the
Act, the by-laws or other organizational documents of which
require that at least fifty-one percent (51%) of the members
of the board of directors, or other governing body of such
organization, reside or work in the Impoverished Area
served by the organization.
"TAB" Means the Tax Appeal Board.
3.0 Program Priorities
Applications received for consideration of an
Investment must meet all eligibility requirements under the
Act and this regulation, including, but not limited to the
purpose of the Program or Proposal with respect the
Investment is to be made, the eligibility requirements for the
Business Firm making an Application and for the
Neighborhood Organization, Community Development
Corporation, or Community-Based Development
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
PROPOSED REGULATIONS 633
Organization that will receive a Contribution.
Applications will be reviewed and ranked on the
following factors: (i) financial feasibility of the Program or
Proposal, (ii) capacity of the Applicant to carry out a
Program or of the Neighborhood Organization, Community
Development Corporation, or Community-Based
Development Organization that will receive a Contribution
to implement the activities described in the Proposal; (iii)
specific description of goals to be achieved and the
relationship of such goals to the priorities established by the
Act; (iv) proposed methods by which the success of the
Program or Proposal can be measured; (v) specific
description of the impact of the Program or Proposal on an
Impoverished Area; and, (vi) other information requested in
the Application form prescribed by the Administrator and
any supplementary information requested by the
Administrator.
4.0 Making Application for NAA Credits
Applications may be submitted at any time directly to:
Administrator of the Neighborhood Assistance Act,
Delaware Economic Development Office, 99 Kings
Highway, Dover Delaware 19903. The Administrator will
review the Application for completeness. If the Application
is incomplete, the Administrator will return it to the
Applicant and shall specify in what regard it is incomplete.
The Administrator may also request additional in formation
or other documentation in support of an Application.
5.0 Procedures for Recommendation of Approval or
Disapproval of Application
5.1 Initial Processing and Distribution of Complete
Applications. When the Administrator finds that an
Application is complete, it shall submit copies of the
Application to DEDO, the members of the TAB and the
members of the Council.
5.2 Council Review of Application.
5.2.1 The Council shall review Applications
transmitted to it by the Administrator in accordance with
Section 5.1 hereof at its public meetings held in compliance
with 29 Del. C. §10004. In addition to posting its agenda
publicly, as required by 29 Del. C. §10004(e), the Council
shall mail a written notice of such meetings to all Applicants
whose Applications will be reviewed by the Council at such
meetings at least seven days in advance of such meetings.
5.2.2 At its meeting, the Council shall review
the completed Applications based on eligibility criteria set
forth in the Act and this regulation.
5.2.3 The Council shall prepare a written
recommendation to the Director of DEDO and the members
of the TAB on all Applications reviewed at its meetings.
The Council’s recommendation shall include a
recommendation for the approval or disapproval of an
Application and a recommended amount of the Investment
to be approved. The Council shall send its written
recommendation to the Director of DEDO, the members of
the TAB and the Applicant.
5.3 Hearing on Application
5.3.1 In General. Hearings on all Applications
shall be conducted jointly by (i) the Director of DEDO, or an
employee of DEDO designated by the Director of DEDO,
and (ii) the members of the TAB to consider Applications
based on the criteria for eligibility set forth in the Act and in
this regulation and on the recommendation of the Council. If
the Director of DEDO and the members of the TAB so
agree, the hearing may be conducted by an employee of
DEDO designated as a hearing officer by both the Director
of DEDO and the members of the TAB.
5.3.2 Scheduling of Hearings. The Director of
DEDO and the members of the TAB, or the hearing officer
designated by them in accordance with section 5.3.1, shall
schedule a hearing on an Application after receiving the
written recommendation of the Council described in
subsection 5.2.3 hereof and shall notify the Applicant of the
hearing in compliance with the provisions of 29 Del C.
§10122. The recommendation of the Council shall become
part of the record in the hearing, and the Applicant will be
asked to stipulate to the inclusion of such recommendation in
the record of the hearing; provided, however, that the
Applicant shall have the opportunity to introduce evidence
and testimony at the hearing to supplement or contradict the
recommendation.
5.3.3 Conduct of Hearing; Burden of Proof. The
hearing shall be conducted on the record in accordance with
the procedures for agency case decisions set forth in 29 Del.
C. §§ 10121 – 10129. The burden of proof shall always be
on the Applicant.
5.3.4 Final Order; Proposed Order. The
Director of DEDO and the members of the TAB shall decide
whether to approve or disapprove an Application, with or
without modification of the Investment or Program, and on
the amount of the approved Investment or Program based on
the entire record of the case and shall issue a final order in
accordance with 29 Del. C. § 10128. If a designated hearing
officer conducts the hearing, such hearing officer shall
comply with the requirements of 29 Del. C. § 10126 in
preparing a proposed order for the consideration of the
Director of DEDO and the members of the TAB, a copy of
which shall be delivered to the Applicant in accordance with
such section.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
634 PROPOSED REGULATIONS
STATE EMPLOYEE BENEFITS
COMMITTEE
Statutory Authority: 29 Delaware Code,
Sections 5210(4), 9602(b)(4)
(29 Del. C. §§5210(4), 9602(b)(4))
PLEASE TAKE NOTICE, pursuant to 29 Del.C.
Chapter 101 and 29 Del.C. Sections 5210(4), 9602(b)(4), the
Delaware State Employee Benefits Committee proposes to
revise its Group Health Care Insurance Eligibility and
Coverage Rules. The proposed amendment inserts a new
sentence in Rule 7.01 that clarifies that coverage is retained
under certain circumstances for public school or higher
education employees through the end of the summer.
A public hearing will be held on the proposed revisions
to the Group Health Care Insurance Eligibility and Coverage
Rules on Thursday, December 5, 2002 at 1:00 p.m., in Room
112 of the Tatnall Building, William Penn Street, Dover,
Delaware, 19901. The State Employee Benefits Committee
will receive and consider input in writing from any person on
the proposed revisions to the Group Health Care Insurance
Eligibility and Coverage Rules. Any written comments
should be submitted to the Committee in care of Deborah E.
McCall at the State Personnel Office, Blue Hen Corporate
Center, 655 South Bay Road, Suite 202, Dover, Delaware
19901. The final date to submit written comments shall be at
the above scheduled public hearing. Anyone wishing to
obtain a copy of the proposed Group Health Care Insurance
Eligibility and Coverage Rules or to make comments at the
public hearing should notify Deborah E. McCall at the above
address by calling (302) 739-8331.
This notice will be published in two newspapers of
general circulation not less than twenty (20) days prior to the
date of the hearing.
State Of Delaware
State Employee Benefits Committee
Group Health Care Insurance
Proposed Revisions To Eligibility And Coverage Rules
7.01 Coverage ends on the last day of the month in
which the employee terminates employment. A public
school or higher education employee (less than 12 month
employee) whose employment during a school year
continues through the last scheduled work day of that school
year shall retain coverage through August 31 of the same
year so long as the required contributions have been made.
In the event an Employee fails to make the required
contributions for any optional coverage selected, coverage
will revert to "Basic" coverage on the first day of the month
for which the Employee failed to make the required
contribution. If an employee works one day in the month in
which they terminate, they shall earn state share for the
entire month.
PLEASE NOTE: AS THE REMAINDER OF THE REGULATION
IS NOT BEING MODIFIED IT IS NOT BEING PUBLISHED.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 635
Symbol Key
Roman type indicates the text existing prior to the regulation being 
promulgated. Underlined text indicates new text
added at the time of the proposed action. Language which is stricken through 
indicates text being deleted. [Bracketed Bold
language] indicates text added at the time the final order was issued. 
[Bracketed stricken through] indicates language
deleted at the time the final order was issued.
Final Regulations
The opportunity for public comment shall be held open for a minimum of 30 days 
after the proposal is published in
the Register of Regulations. At the conclusion of all hearings and after receipt 
within the time allowed of all written materials,
upon all the testimonial and written evidence and information submitted, 
together with summaries of the evidence and
information by subordinates, the agency shall determine whether a regulation 
should be adopted, amended or repealed and
shall issue its conclusion in an order which shall include: (1) A brief summary 
of the evidence and information submitted; (2)
A brief summary of its findings of fact with respect to the evidence and 
information, except where a rule of procedure is being
adopted or amended; (3) A decision to adopt, amend or repeal a regulation or to 
take no action and the decision shall be
supported by its findings on the evidence and information received; (4) The 
exact text and citation of such regulation adopted,
amended or repealed; (5) The effective date of the order; (6) Any other findings 
or conclusions required by the law under
which the agency has authority to act; and (7) The signature of at least a 
quorum of the agency members.
The effective date of an order which adopts, amends or repeals a regulation 
shall be not less than 10 days from the
date the order adopting, amending or repealing a regulation has been published 
in its final form in the Register of Regulations,
unless such adoption, amendment or repeal qualifies as an emergency under 
§10119.
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF PILOT COMMISSIONERS
24 DE ADMIN. CODE 1000
Statutory Authority: 23 Delaware Code,
Section 102 (23 Del.C. §102)
ORDER
Pursuant to due notice and an opportunity for public
comment, the Board of Pilot Commissioners met and
considered amendments to its regulations concerning an
Offshore Trip Experience Requirement, a Service
Requirement for Advancement from a License Class to a
Higher License Class, and a change in the deadline to
complete re-training in Bridge Resource Management.
The text of the changes were duly published in the
Delaware Register, with the first two changes published in
the June 1 edition and the third proposed change published in
the September 1 edition. Public hearings were held on June
25 and October 1, 2002.
After due consideration, the Board hereby adopts these
regulations as in the best interest of the public and the
piloting profession, with the following noted change from
the proposals as printed in the Delaware Register:
As to Section 11.2, delete the last sentence thereof. This
sentence dealt with pilots already holding a first class pilot
license, and the required renewal by 2005 as set forth in this
sentence was deemed unnecessary.
SO ORDERED: Board of Pilot Commissioners
Signatures on file at the Division of Professional
Regulation
Approved as to Form:
Frederick H. Schranck, Deputy Attorney General,
October 11, 2002
1.0 Delaware licensed Bay and River Pilots are required to
be familiar with the Delaware Code, Title 23, Chapter 1.
Pilots-Section 100 through 138.
2.0 Original License
2.1 An examination shall be given to apprentices upon
completion of their apprenticeship to determine their
qualifications for licenses. The written examination shall be
based on knowledge required to be learned by the apprentice
during his/her apprenticeship.
2.2 No license shall be issued to any Pilot for any route
for which he/she has not made required trips and passed
required examination.
2.3 No original license will be issued for anything less
than the route from entrance of Delaware Bay to Newbold
Channel, and Chesapeake & Delaware Canal. All these
licenses must be maintained through your pilot career.
2.4 The Board of Pilot Commissioners shall issue
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
636 FINAL REGULATIONS
endorsements for any tributaries of the Bay and River
Delaware to any Delaware licensed Pilot who has passed
examination for same.
3.0 To Raise License
Fourth Class Pilots shall demonstrate their knowledge to
the Commission of their thorough understanding of vessel
"squat" and other deep vessel handling characteristics prior
to being licensed as a Third Class Pilot.
4.0 Renewal of License
Pilot Licenses are to be issued on anniversary of their
original date from October 24, 1967, to comply with
Delaware law.
5.0 All Delaware Licensed Pilots must:
5.1 Maintain all licenses they have in hand as of 5 May
1986 throughout the remainder of their Pilot career.
5.2 Hold a valid radar certificate.
ARPA certification is also required.
5.3 Provide a copy of all licenses and certificates to the
Commission Secretary.
5.4 Notify the Commission Secretary on the form
provided each Pilot that the "Rules of the Nautical Road"
have been read.
5.5 Any pilot who fails to exercise his or her profession
for any consecutive 90-day period is forbidden from piloting
vessels. Such pilot may resume piloting vessels only upon
certification to the Board that he or she has made such
refresher trips over the route as shall be deemed necessary by
the Board to assure that he or she is fully familiar with
conditions along the route. Refresher trips shall be made in
the company of a first class pilot.
5.6 Attend at least (40) hours of approved education
every five (5) years. The course or courses of study shall
total not less than 40 hours of formal training on subjects
relating to navigation and piloting. All such courses may be
taken at an approved education facility. The Board of Pilot
Commissioners shall approve all courses before enrollment.
5.6.1 The courses listed here are now approved
by the Board and will continue to be approved until further
notice:
Ship Handling, Port Revel
Centre De Port Revel
38136 St. Pierre de Bressieux
France
Maritime Institute of Technology
5700 Hammonds Ferry Road
Linthicum Heights, MD 21090
SCI Maritime Training
241 Water Street
New York, NY 1003 8
South Hampton Institute
Newtown Road, Warsash Hampshire
England
Tidewater Navigation
Norfolk, VA
5.7 Attend and complete at least once every three (3)
five (5) years a Bridge Resource Management ("BRM")
course recommended and approved by this Board or by the
American Pilots Association. Classroom or simulator hours
spent in attendance at a BRM course will count towards
satisfaction of the requirement of subparagraph "E", above.
All licensed Pilots shall have passed and approved BRM
course prior to I July 1997.
6.0 Pilots must pass a designated physical examination
every year within 120 days before their date of license
renewal, results of the examination shall be reported on the
form provided each Pilot. Examinations may also be ordered
by the Board for any Pilot at any time for any cause.
7.0 In order to be granted a license renewal, any Pilot
licensed by this Commission is and shall be required:
7.1 To have rendered pilotage service to not less than
52 vessels in the course of the year preceding the year for
which the renewal of such license is sought; and
7.2 To furnish to this Commission, in writing, not later
than the time when application is made to this Commission
for the renewal of such license, a list of all pilotages, during
the period of the license whose renewal is sought, giving:
7.2.1 The name of the vessel.
7.2.2 The date of pilotage.
7.3 Provided however, that this requirement shall be
proportionally reduced in number, or eliminated, upon
presentation of proof in form and substance satisfactory to
the Commission, that during the year about to be concluded,
the applicant for renewal was engaged in administrative
duties connected with pilotage on the Bay and River
Delaware, or was duly assigned and engaged in
administrative assignments for the benefit of said pilotage,
or was temporarily disabled from the performance of this
duties as a Pilot or other reason deemed satisfactory to the
Commission.
7.4 In the event that the requirement for 52 pilotages is
reduced or eliminated to the satisfaction of the Commission,
a number of refresher trips may be required before renewal is
granted.
8.0 Docking, Undocking, and Anchoring ofVessels
8.1 When a vessel is docking or anchoring, a Delaware
licensed Pilot shall remain on the bridge, attentive to duty,
until the vessel has at least one ship's line secure to the dock,
or until the vessel is anchored properly and firmly within a
designated anchorage area.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 637
8.2 Nonetheless, nothing in these Rules shall prevent
the Master of a vessel from employing the services of a
docking master.
9.0 Casualty Reports
9.1 It shall be the personal responsibility of all Pilots
licensed by this Commission to make reports of all
casualties, collisions, groundings, etc. These reports shall be
made to the Division of Professional Regulation's Chief
Investigator, with a copy sent to the Commission's liaison to
the Investigator. AU such reports must be made within five
days of the occurrence, except that any marine casualty
involving oil spillage, pollution, or death must also be
reported by telephone, facsimile transmission, or telegram to
the Investigator and Commission liaison within twenty-four
hours of the occurrence, to be followed thereafter by the
written report. Failure to make such reports within the
required time frame may result in disciplinary proceedings.
9.2 Pilots licensed by this Commission are also
required to furnish the Investigator and Commission liaison
with a copy of all written reports the pilot makes to the U.S.
Coast Guard relating to any occurrence through the pilot's
licensed route of all casualties, collisions, or groundings.
These pilots must provide the Investigator and the
Commission liaison with copies of any Coast Guard findings
based on these reports.
10.0 Commission Recommendations
It is suggested that, in the event any of the Pilots
licensed by this Commission consider it unwise for a ship
which he has boarded to get under way or leave a dock either
due to weather or tide conditions, and the master of the ship
insists on getting under way, the Pilot should refuse to
assume his duties until such a time as it is in his opinion safe
to proceed.
11.0 Offshore Trip Experience Requirement for
Second Class Pilots
11.1 Under the provisions of 23 Del.C. Section
113(b), no person shall be eligible for licensure as a first
class Pilot by this Board, until that person has served at least
one year in each of the lower classes.
11.2 While holding a second or third class license,
all pilots must make at least two inward bound trips on
vessels rated over 100,000 summer deadweight tons, on the
southeastern approach lane from "D" buoy to at least the
Delaware Capes. Each such trip must be made while
accompanied by a pilot holding a first class license for the
Bay and River Delaware issued by either this Board or the
Pennsylvania Navigation Commission. At least one of these
trips must be made during darkness. Second class pilots must
furnish proof of these trips to the Board at least thirty days
prior to being granted their first class Pilot license. Any
pilots holding a first class pilot license as of the date of the
adoption of this regulation shall also complete these two
trips by the date of the renewal of their license in 2005.
12.0 Service Requirement for Advancement from
License Class to a Higher License Class
12.1 Under 23 Del.C. Section 113(b), a licensed
pilot must serve at least one year in each of the previous
lower Pilot license classifications before the pilot is entitled
to a first class license, permitting the pilot to provide
pilotage services for "ships or vessels of any practical draft
of water." 23 Del.C. Section 112(1). Using the plain
meaning rule of legislative interpretation, the term "serve" as
used in Section 113(b) means to actively engage in the pilot
profession during a full one-year term, and not merely to
hold a current license for twelve months.
12.2 For example, if a pilot is unavailable for
pilotage assignments during a one-year term, the total time
for which the Pilot was unavailable shall not be counted
toward the one-year requirement. This circumstance will
then affect the Pilot’s license renewal date, at the completion
of the total one-year term.
DIVISION OF PROFESSIONAL REGULATION
BOARD OF EXAMINERS OF PRIVATE
INVESTIGATORS & PRIVATE
SECURITY AGENCIES
24 DE Admin. Code 1300
Statutory Authority: 24 Delaware Code, Section
1304(b)(3) (24 Del.C. §1304(b)(3))
Pursuant to the Guidelines in 29 Del.C. 10118 (a)(1)-
(7), the Board of Examiners of Private Investigators and
Private Security Agencies ("Board") hereby issues this order.
Following notice and a public hearing held on July 11, 2002
on the proposed amendment of promulgated rules and
regulations 10.0 - Licensing Fees, the Board makes the
following Findings and Conclusions:
Summary of Evidence and Information Submitted
1. The Board did not receive written evidence or
information pertaining to the proposed amendment.
2. The Board expressed its desire to amend the rule to
clarify the fees for Class D License - Armored Car Agency
License.
Findings of Fact
3. The public was given notice and the opportunity to
provide the Board with comments, in writing and by oral
testimony, on the amendment of the rule. The written
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
638 FINAL REGULATIONS
comments and oral testimony received are described in
paragraph 1.
4. The Board finds that the amendment of this rule
will clarify the fees for Class D License - Armored Car
Agency License.
5. The Board finds that the amendment will have no
adverse impact on the public.
6. The Board finds that the amendment is well written
and describes its intent to amend the rule to clarify the fees
for Class D License - Armored Car Agency License.
Conclusion
7. The proposed rule amendment was promulgated by
the Board in accord with the statutory duties and authority as
set forth in 24 Del.C. 1304 et seq. and, in particular, 24
Del.C. 1304 (b) (3) .
8. The Board deems this amendment necessary and
expedient to the full and official performance of its duties
under 24 Del.C. 1304 et. seq.
9. The Board concludes that the amendment of this
rule will be in the best interests of the citizens of the State of
Delaware.
10. The Board therefore adopts the amendment of this
rule pursuant to 24 Del.C. 1304 (b) (3) and guidelines of 29
Del.C. 10118 of the Administrative Procedures Act. See,
Strauss v. Silverman, Del. Supr., 399 A.2d 192 (1979).
11. This amended rule replaces 10.0(10.4), in its
entirety, any former rule or regulation heretofore
promulgated by the Board.
12. The effective date of this order shall be July 11,
2002.
13. Attached hereto and incorporated herein this order
is the amended rule marked as exhibit A and executed
simultaneously by the Board on the 11th day of July, 2002.
Colonel L. Aaron Chaffi , Chairman
APPROVED AS TO FORM:
Michael Tupman , Esquire Deputy Atty. General
September 25, 2002
Board Of Examiners Of Private Investigators & Private
Security Agencies Rules and Regulations
1.0 Firearm's Policy
1.1 No person licensed under 24 Del.C. 1315 & 1317
shall carry a firearm unless that person has first passed an
approved firearms course given by a Board approved
certified firearms instructor, which shall include a minimum
40 hour course of instruction. Individuals licensed to carry a
firearm must shoot a minimum of three (3) qualifying shoots
per year, scheduled on at least two (2) separate days, with a
recommended 90 days between scheduled shoots. Of these
three, there will be one (1) mandatory "low light" shoot.
Simulation is permitted and it may be combined with a
daylight shoot.
1.2 Firearms - approved type of weapons
1.2.1 9mm
1.2.2 .357
1.2.3 .38
1.2.4 .40
1.3 All weapons must be either a revolver or semiautomatic
and must be double-action or double-action only
and must be maintained to factory specifications.
1.4 Under no circumstances will anyone be allowed to
carry any type of shotgun or rifle or any type of weapon that
is not described herein.
1.5 All individuals must qualify with the same type of
weapon that he/she will carry.
1.6 All ammunition will be factory fresh (no re-loads).
1.7 The minimum passing score is 75%. All licenses
are valid for a period of one (1) year.
Adopted 11/04/1994
See 3 DE Reg 960 (1/1/00)
2.0 Nightstick, Pr24, Mace, Peppergas and Handcuffs
To carry the above weapons/items a security guard must
have completed a training program on each and every
weapon/item carried, taught by a certified instructor
representing the manufacturer of the weapon/item. Proof of
these certifications must be provided to the Director of the
Board of Examiners. Under no circumstances would a
person be permitted to carry any other type weapon/item,
unless first approved by the Director of the Board of
Examiners.
Adopted 11/04/1994
3.0 Personnel Rosters and Job Assignments
3.1 Anyone licensed under 24 Del.C. Ch. 13 shall
submit an alphabetical personnel roster and a job site list to
the director of the Detective Licensing Section by the tenth
of every month. Alphabetical personnel rosters shall include
the full name, DOB, race, sec, expiration date, and position
code of each individual in your employ. For example:
Mark A. Smith 01/25/60 WM 01/25/99 SG
Helen E. White 03/17/71 BF 03/17/00 FA
John F. Henry 05/23/43 M 05/23/00 PI
James D. Williams 12/03/40 WM 06/30/99 MG
Frank G. Mongomery 07/24/55 BM 06/30/99 LH
Anne L. Murray 10/20/40 WF 06/30/99 CO
SG Security Guard
FA Firearm's
PI Private Investigator
MG Delaware Manager
LH License Holder
CO Corporate Officer
3.2 Job site lists shall include the name, address,
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 639
location, and hours of coverage. For example:
The DuPont Industry
Barley Mill Road
2200 - 0600 Hours, Monday, Wednesday, and
Friday
Adopted 11/04/1994
See 3 DE Reg 960 (1/1/00)
4.0 Record Book; Right of Inspection
All persons licensed under 24 Del.C. Ch.13 shall keep
and maintain at their place of business, at all times, a book
that shall contain the names and positions of all employees
along with the location that each employee is assigned to
work. This book shall contain all current personnel
information and at all times shall be current and up-to-date to
include the list of weapons/items each employee is qualified
to carry, the certification dates, scores and the serial number
of the weapon/item, if applicable.
Adopted 11/04/1994
See 3 DE Reg 960 (1/1/00)
5.0 Uniforms, Patches, Badges, Seals, Vehicular
Markings Amended 04/17/97
5.1 No person licensed under 24 Del.C. Ch. 13 shall
wear or display any uniform, patch, or badge unless first
approved by the Board of Examiners. The use of "patrol"
and/or "officer" on any type of uniform, patch, badge, seal,
vehicular marking or any type of advertisement shall first be
proceeded by the word "security". Under no circumstances
shall a uniform, patch, badge, seal, vehicular marking,
letterhead, business card or any type of advertisement
contain the seal or crest of the State of Delaware, any state of
the United States, the seal or crest of any county or local sub
division, or any facsimile of the aforementioned seals or
crests.
5.2 Advertisement and other forms of publications:
5.2.1 No letterhead, business card,
advertisement, or other form of publication including but not
limited to uniforms, patches, badges, seals, vehicular
markings and similar items may be used or displayed unless
first approved by the Board of Examiners. No such items
will be approved by the Board if the item will mislead the
public by confusing the licensee and/or his/her employees
with official law enforcement agencies and/or personnel.
5.2.2 All uniforms displaying a patch must
contain an approved patch that is not generic in nature. The
patch must have the name of the agency printed on it.
5.2.3 Auxiliary lights on vehicles, used for
patrol, shall be amber and/or clear only. Use of sirens is
prohibited.
Adopted 11/04/1994
See 3 DE Reg 960 (1/1/00)
6.0 Qualified Manager
A qualified manager cannot be employed by more than
one company at the same time. For example; a person
cannot serve as a qualified manager for two separate private
security agencies and/or private investigative agencies.
Adopted 11/04/1994
7.0 Employment Notification
7.1 It shall be the responsibility of each person licensed
as a security guard under 24 Del.C. Ch. 13 to notify the
Director of the Board of Examiners, in writing within 24
hours, if such person is terminated or leaves one agency for
employment with another or works for more than one
security guard agency. Under no circumstances will a
security guard be permitted to be employed by more than
two agencies at a time. It is also the responsibility for each
licensed security guard to advise his/her employer(s) of
whom he/she is employed with (i.e. If a security guard is
employed with two security guard agencies, both employers
must be made aware of this fact as well as the Director of the
Board of Examiners.)
7.2 Employers Responsibility
7.2.1 A licensed private security agency, after
investigation, shall notify the Detective Licensing Office, in
writing, of any terminated employees. This information is to
be included in the next monthly roster report following the
termination.
7.2.2 A licensed private security agency shall
report to the Detective Licensing Office, in writing, the
following:
7.2.2.1 The name of any employee arrested;
7.2.2.2 The name of any employee admitted
to any mental hospital ward, mental institution or sanitarium;
or
7.2.2.3 The name of any employee disabled
from carrying, owning, or possession a gun by action of
federal or state statute and/or court order, including bond
orders and protection from abuse orders.
Adopted 11/04/1994
See 4 DE Reg. 361 (8/1/00)
8.0 Criminal Offenses
In addition to those qualifications set forth in 24 Del.C.
§1314, no person required to be licensed under this chapter
shall be issued a license, if that person has been convicted of
Assault III or Offensive Touching misdemeanor within the
last three (3) years.
Adopted 11/04/1994
9.0 Private Investigators
9.1 A Private Investigator must not be a member or
employee of any Law Enforcement Organization, as defined
by the Council on Police Training.
9.2 At the time of processing, a Private Investigator
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
640 FINAL REGULATIONS
must provide proof of employment by a licensed Private
Investigative Agency with the Private Investigator
application signed by the employer. The identification card
will bear the employer's name. Upon termination of
employment, the identification card is no longer valid. If
seeking employment with another licensed agency, the
Private Investigator must be re-licensed with the new
employer and a new identification card will be issued as in
the previous procedure.
9.3 A licensed Private Investigator may only be
employed by one licensed private investigative agency at a
time.
Adopted 11/04/1994
10.0 Licensing Fees
10.1 Class A License - Private Investigative Agency
10.1.1 In-State License Holder
10.1.1.1 Individual - No Employees - Not
Corporation
10.1.1.1.1 $230 for 2 years to expire
June 30th of odd years
10.1.1.1.2 $5,000 Bond
10.1.1.1.3 $1,000,000 Liability
Insurance per occurrence
10.1.1.2 Corporation - Has Employees
10.1.1.2.1 $345 for 2 years to expire
June 30th of odd years
10.1.1.2.2 $10,000 Bond
10.1.1.2.3 $1,000,000 Liability
Insurance per occurrence
10.1.2 Out-of-State
10.1.2.1 License Holder - Individual and
Corporation
10.1.2.1.1 $345 for 2 years to expire
June 30th of odd years
10.1.2.1.2 $10,000 Bond
10.1.2.1.3 $1,000,000 Liability
Insurance per occurrence
10.1.2.2 Delaware Manager
10.1.2.2.1 $230 for 2 years to expire
June 30th of odd years
10.1.2.1.2 $5,000 Bond
10.2 Class B License - Private Security Agency
10.2.1 In-State License Holder
10.2.1.1 Individual - No Employees - Not
Corporation
10.2.1.1.1 $230 for 2 years to expire
June 30th of odd years
10.2.1.1.2 $5,000 Bond
10.2.1.1.3 $1,000,000 Liability
Insurance per occurrence
10.2.1.2 Corporation - Has Employees
10.2.1.2.1 $345 for 2 years to expire
June 30th of odd years
10.2.1.2.2 $10,000 Bond
10.2.1.2.3 $1,000,000 Liability
Insurance per occurrence
10.2.2 Out-of-State
10.2.2.1 License Holder - Individual and
Corporation
10.2.2.1.1 $345 for 2 years to expire
June 30th of odd years
10.2.2.1.2 $10,000 Bond
10.2.2.1.3 $1,000,000 Liability
Insurance per occurrence
10.2.2.2 Delaware Manager
10.2.2.2.1 $230 for 2 years to expire
June 30th of odd years
10.2.2.2.2 $5000 Bond
10.3 Class C License - Private Investigative &
Private Security Agency
10.3.1 In-State License Holder
10.3.1.1 Individual - No Employees - Not
Corporation
10.3.1.1.1 $345 for 2 years to expire
June 30th of odd years
10.3.1.1.2 $10,000 Bond
10.3.1.1.3 $1,000,000 Liability
Insurance per occurrence
10.3.1.2 Corporation - Has Employees
10.3.1.2.1 $520 for 2 years to expire
June 30th of odd years
10.3.1.2.2 $15,000 Bond
10.3.1.2.3 $1,000,000 Liability
Insurance per occurrence
10.3.2 Out-of-State
10.3.2.1 Individual and Corporation
10.3.2.1.1 License Holder
10.3.2.1.1.1 $520 for 2 years to
expire June 30th of odd years
10.3.2.1.1.2 $15,000 Bond
10.3.2.1.1.3 $1,000,000 Liability
Insurance per occurrence
10.3.2.1.2 Delaware Manager
10.3.2.1.2.1 $345 for 2 years to
expire June 30th of odd years
10.3.2.1.2.2 $10,000 Bond
10.4 Class D License - Armored Car Agency
License
10.4.1 License Holder
10.4.1.1 Corporation - Has Employees
10.4.1.1.1 $345 for 2 years to expire
June 30th of odd years
10.4.1.1.2 Banking Commissioner
License as required by 5 Del.C. 3203
10.4.1 License Holder
10.4.1.1. $345 for 2 years to expire June
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 641
30th of odd years
10.4.1.2 Banking Commissioner License
as required by Title 5 Chapter 32 Section 3203
10.4.1.3 $10,000 Bond
10.4.1.4 $1,000,000 Liability Insurance per
occurrence
10.4.2 Delaware Manager
10.4.2.1 $230 for 2 years to expire on June
30th of odd years
10.4.2.2 $5,000 Bond
11.0 Use Of Animals
11.1 The use of animals is prohibited in the
performance of private security activities.
Adopted 04/23/1998
See 3 DE Reg 960 (1/1/00)
DEPARTMENT OF AGRICULTURE
THOROUGHBRED RACING COMMISSION
Statutory Authority: 3 Delaware Code,
Section 10103 (3 Del.C. §10103)
Order
Pursuant to 29 Del.C. §10113(b) and 3 Del.C. §10103,
the Delaware Thoroughbred Racing Commission ("the
Commission") hereby issues this Order adopting an
amendment to Commission Rules 15.01.2 and adopt a new
Rule 15.12. Following notice and a public hearing held on
September 30, 2002, the Commission makes the following
findings and conclusions:
Summary Of Evidence And Information Submitted
1. The Commission posted public notice of the
proposed rule amendments in the September 1, 2002
Register of Regulations and in the Delaware Capital Review
and the Delaware State News. The proposal contained
proposed amendments to Rule 15.01.2 and a proposed new
Rule 15.12. The proposed amendment to Rule 15.01.2
would: amend subsection (c) to permit the use of
aminocaproic acid in horses; amend subsection (g) to limit
the use of bleeder medication to one hour before post time;
amend subsection (h) to require trainers to declare the use of
aminocaproic acid or salix at the time of entry; amend
subsection (i) to require veterinarians report administration
of all bleeder medications; amend subsection (j) to require
the race program denote medications in the past performance
charts; amend subsection (k) to require horses in the
medication program remain on the medication for sixty days;
amend subsection (l) to enact penalties for failure to properly
declare the use of bleeder medications. The proposed new
Rule 15.12 would prohibit the possession or use of
substances or medications for which there is no recognized
analytical method including erythropoietin and substances
which endanger the health and welfare of a horse, or are not
approved by the FDA.
2. The Commission received no written public
comments prior to the public hearing. The Commission also
received no comments at the public hearing on September
30, 2002.
Findings Of Fact And Conclusions
3. The public was given notice and an opportunity to
provide the Commission with comments in writing and at a
public hearing.
4. The Commission finds that the proposed
amendments to the Commission’s Rules are in the best
interests of racing and will be beneficial for the horsemen
and the horses. The Commission proposed these rules after
extensive study. The Commission has received no
comments indicating that the rules are not necessary for the
effective regulation of thoroughbred racing in Delaware.
The Commission concludes that the proposed Rules should
be adopted in their proposed form.
5. This Order will be published in the November 1,
2002 Register of Regulations. The effective date of the
Order will be December 1, 2002. A copy of the enacted
Rules is attached as Exhibit #1 to this Order.
IT IS SO ORDERED this 2nd day of October, 2002
Bernard Daney, Chairman
Duncan Patterson, Commissioner
H. James Decker, Commissioner
Carolyn Wilson, Commissioner
15.0 Medication, Testing Procedures
15.01.2 Foreign Substances:
No horse participating in a race shall carry in its body
any foreign substance except as provided in Rule 15.01.2(c):
(a) A finding by the chemist that a foreign
substance is present in the test sample shall be prima facie
evidence that such foreign substance was administered and
carried in the body of the horse while participating in a race.
Such a finding shall also be taken as prima facie evidence
that the Trainer and agents responsible for the care or
custody of the horse has/have been negligent in the handling
or care of the horse.
(b) A finding by the chemist of a foreign substance
or an approved substance used in violation of Rule 15.01 in
any test sample of a horse participating in a race shall result
in the horse being disqualified from purse money or other
awards, except for purposes of pari-mutuel wagering which
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
642 FINAL REGULATIONS
shall in no way be affected.
(c) A foreign substance of accepted therapeutic
value may be administered as prescribed by a Veterinarian
when test levels and guidelines for its use have been
established by the Veterinary-Chemist Advisory Committee
of the National Association of State Racing Commissioners
and approved by the Commission. Aminocaproic acid may
be present in a horse’s body while it is participating in a race,
subject to all the provisions of these Rules.
(d) The only approved non-steroidal antiinflammatory
drug (NSAID) that may be present in a horse's
body while it is participating in a race is phenylbutazone/
oxyphenbutazone in the level stated in subsection (e) or (f).
The presence of any other NSAID at any test level is
forbidden.
Revised: 1/6/92.
(e) The test level of phenylbutazone under this
Rule shall not be in excess of two point five (2.5)
micrograms (mcg) per milliliter (ml) of plasma without
penalties in the following format:
Micrograms per milliliterPenalties
0 to 2.5 No action
2.6 to 4.9 First Offense-$250.00 fine
2.6 to 4.9 Second Offense within 365
days - $500.00 fine
2.6 to 4.9 Third Offense within 365
days - $500.00 fine and/
or Suspension and/or
Loss of Purse
5.0 and Over Fine, Suspension, Loss
of Purse
(f) The test level for oxyphenbutazone under this
Rule shall not be in excess of two (2) micrograms (mcg) per
milliliter (ml) of plasma.
Micrograms per milliliterPenalties
0 to 2.5 No action
2.6 to 4.9 First Offense-$250.00 fine
2.6 to 4.9 Second Offense within 365
days - $500.00 fine
2.6 to 4.9 Third Offense within 365
days - $500.00 fine and/
or Suspension and/or
Loss of Purse
5.0 and Over Fine, Suspension, Loss
of Purse
(g) No bleeder medication otherwise permissible
under this Rule may be administered to a horse within one
hour of the scheduled post time of the horse's race. The
administration of salix to a horse on race day will be
governed by Rule 15.02.
(h) If a horse is to receive one or more bleeder
medications, aminocaproic acid and/or salix, the trainer shall
declare said use at the time of entry.
(i) A veterinarian administering bleeder
medications shall report the administration of such
medications on the same form that is used to report the
administration of salix.
(j) The race program shall denote what
medication(s) have been administered to a horse in the race
and the past performance lines in the program, if any, shall
denote any medications administered to said horse in those
races.
(k) Any horse running on permissible bleeder
medication under these Rules shall remain on the medication
for a period of not less than sixty (60) days before being
permitted to race without the permissible bleeder
medication.
(l) The detection of permissible bleeder
medications (salix and/or aminocaproic acid) in a horse
following the running of a race which was not declared or
reported to the Stewards, may result in the disqualification of
the horse and other disciplinary action imposed upon the
trainer and administering veterinarian. Conversely, the
absence of bleeder medication following the running of a
race in which was declared and reported by a trainer and/or
veterinarian, may result in the disqualification of the horse
and other disciplinary action imposed upon the trainer and
administering veterinarian.
15.12 Prohibited Practices
The following conduct shall be prohibited for all
licensees:
a. The possession and/or use of a drug, substance, or
medication, specified below, on the premises of a licensed
race track under the jurisdiction of the Commission for
which a recognized analytical method has not been
developed to detect and confirm the administration of such
substance including but not limited to erythropoietin,
darbepoietin, and perfluorcarbon emulsions; or the use of
which may endanger the health and welfare of the horse or
endanger the safety of the rider; or the use of which may
adversely affect the integrity of racing.
b. The possession and/or use of a drug, substance, or
medication on the premises of a facility under the
jurisdiction of the regulatory body that has not been
approved by the United States Food and Drug
Administration (FDA) for use in the United States.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 643
DEPARTMENT OF EDUCATION
14 DE Admin. Code 1005
Statutory Authority: 14 Delaware Code,
Section 122(d) (14 Del.C. §122(d))
Regulatory Implementing Order
1005 Membership In Fraternities And Sororities
I. Summary Of The Evidence And Information
Submitted
The Secretary of Education seeks to repeal the
regulation 1005 Membership in Fraternities and Sororities in
order to allow local school districts flexibility in developing
their own policies on this issue. Notice of the proposed
regulation was published in the News Journal and the
Delaware State News on August 26, 2002, in the form hereto
attached as Exhibit A and no comments were received
concerning this regulation.
II. Findings Of Facts
The Secretary finds that it is appropriate to amend this
regulation in order to allow local school districts flexibility
in developing their own policies on this issue.
III. Decision To Repeal The Regulation
For the foregoing reasons, the Secretary concludes that
it is appropriate to repeal the regulation. Therefore, pursuant
to 14 Del. C. §122, the regulation attached hereto as Exhibit
"B" is hereby repealed.
IV. Text And Citation
The text of the regulation repealed hereby shall be in the
form attached hereto as Exhibit "B", and said regulation
cited as 14 DE Admin. Code §1105 shall be removed from
the Regulations of the Department of Education.
V. Effective Date Of Order
The actions herein above referred to were taken by the
Secretary pursuant to 14 Del. C. §122, on October 7, 2002.
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 7th day of October 2002.
Department Of Education
Valerie A. Woodruff, Secretary of Education
1005 Membership in Fraternities and Sororities
1.0 No pupil enrolled in a public school in any school
district of Delaware shall be a member of a fraternity or
sorority, or any other secret, exclusive, self-perpetuating
social organization composed in whole or part of public
school pupils which seeks to organize and perpetuate itself
by taking in members from among the pupils enrolled in
such school based upon the decisions of the membership of
such organizations rather than from the free choice of any
pupil in such school who is otherwise qualified to fulfill the
special aims of such an organization.
1.1 The local board of education is hereby authorized
upon finding that any pupil is a member of a high school
fraternity, sorority or social organization as above defined to
exclude such pupil from representing the school in any
public activity, contest, or exhibition such as athletic,
literary, or dramatic and from participating in any school
activity other than class attendance and from holding a
position of authority in any school or class organization.
1.2 Nothing in this regulation shall be deemed as
prohibiting the local board of education or Charter School
from excluding any pupil from class in those instances where
the behavior of such pupil is detrimental to school discipline.
1.3 Any definition of fraternity, sorority, or secret
exclusive self-perpetuating social organization shall not be
deemed to include youth organizations or fraternal orders,
religious and church organizations, or similar organizations
which are institutionally sponsored and approved and which
are organized with responsible adult leadership and
supervision.
1.4 Where schools do approve of student organizations
and clubs which do not fall under the definition of fraternity,
sorority, or secret organization, it becomes the responsibility
of the school administration and the sponsoring persons to
develop these recommended procedures:
1.4.1 establishment of the purposes and criteria for
membership in the organization;
1.4.2 establishment of guidelines to be followed in
the selection of members; and
1.4.3 establishment of methods to notify applicants
or candidates as to acceptance or non-acceptance as a
member in the organization. This procedure assures that
students are made aware of the reasons for nonadmittance to
membership selectivity.
See 1 DE Reg. 723 (12/1/98)
Regulatory Implementing Order
1105 School Transportation
I. Summary Of The Evidence And Information
Submitted
The Secretary of Education seeks the approval of the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
644 FINAL REGULATIONS
State Board of Education to amend regulation 1105 School
Transportation. The amendment is necessary in order to
implement the new procedures required following passage of
H. B. 584 relating to drug and alcohol testing of school bus
drivers and aides. Notice of the proposed regulation was
published in the News Journal and the Delaware State News
on August 26, 2002 in the form hereto attached as Exhibit A.
Comments were received from the Governor’s Advisory
Council for Exceptional Citizens and the State Council for
persons with Disabilities. In response to the concern
expressed about the definition of the word "employer", the
definition now clearly references the school bus contractors.
As to the concerns about random testing and testing based on
reasonable cause, the amendments to the regulation call for
the employer to comply with the drug and alcohol testing
regulations issued by the Secretary of Transportation of the
United States. The federal regulations contain affirmative
substantive provisions requiring random testing and testing
based on reasonable cause and set out the procedures for
such testing.
II. Findings Of Facts
The Secretary finds that it is appropriate to amend this
regulation in order to implement the new procedures
required following passage of H. B. 584 relating to drug
and alcohol testing of school bus drivers and aides.
III. Decision To Amend The Regulation
For the foregoing reasons, the Secretary concludes that
it is appropriate to amend the regulation. Therefore,
pursuant to 14 Del.C. §2901, the regulation attached hereto
as Exhibit "B" is hereby amended. Pursuant to the provision
of 14 Del. C. §122(e), the regulation hereby amended shall
be in effect for a period of five years from the effective date
of this order as set forth in SectionV. below.
IV. Text And Citation
The text of the regulation amended hereby shall be in
the form attached hereto as Exhibit "B", and said regulation
shall be cited as 14 DE Admin. Code §1105 in the
Regulations of the Department of Education.
V. Effective Date Of Order
The actions herein above referred to were taken by the
Secretary pursuant to 14 Del.C. §2901, on October 17, 2002.
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 17th day of October 2002
Department Of Education
Valerie A. Woodruff, Secretary of Education
Approved this 17th day of October 2002
State Board Of Education
Dr. Joseph A. Pika, President
Jean W. Allen, Vice President
Robert J. Gilsdorf
Mary B. Graham, Esquire
Valarie Pepper
Dennis J. Savage
Dr. Claibourne D. Smith
1105 School Transportation
1.0 Responsibilities of Local Superintendents:
Local District Superintendents or their designees shall
assume the following responsibilities concerning the
transportation of students:
1.1 Implement state school transportation regulations.
Local school disciplinary policies shall include pupil
behavior and discipline on the school bus.
1.2 Define and coordinate changes to school
transportation operations impacting local district budget
allocations with the Department of Education.
1.3 Provide resource material and encourage teachers
to include instruction in passenger safety in the school
curriculum.
1.4 Provide for close and continuous supervision of the
unloading and loading zones on or near the school plant, and
of the emergency drills.
1.5 Provide supervision for those students whose bus
schedules require them to arrive at school before classes
begin and remain after classes terminate.
1.6 Promote public understanding of, and support for
the district‘s school transportation program.
1.7 Assume prime responsibility for student conduct.
2.0 Conditions for School Bus Contractors:
School Bus Contractors shall agree to the following
conditions in their contracts:
2.1 Follow all applicable federal, state, and local school
bus regulations and policies.
2.2 Communicate effectively with the district
transportation supervisor.
2.3 Dismiss a school bus driver when it can be shown
that the driver is not satisfactorily performing driver tasks.
District transportation supervisors may restrict a driver from
operating in their school district.
2.4 Pay drivers and aides and provide substitute drivers
and aides.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 645
3.0 Responsibilities of School Bus Drivers:
Local school districts shall have a policy concerning the
responsibilities of school bus drivers which, at a minimum,
includes the following:
3.1 A statement that the school bus driver is in full
charge of the bus and pupils, has the authority of a classroom
teacher and is responsible for the health, safety, and welfare
of each passenger.
3.2 Statements listing the following specific
responsibilities of the bus driver:
3.2.1 Operate the school bus in a safe and
efficient manner.
3.2.2 Conduct pre-trip and post-trip checks on
the vehicle.
3.2.3 Establish and maintain rapport with
passengers.
3.2.4 Maintain discipline among passengers.
3.2.5 Meet emergency situations effectively.
3.2.6 Communicate effectively with district and
school staff.
3.2.7 Maintain effective contact with the public.
3.2.8 Complete reports as required by the state
or school district.
3.2.9 Complete required training programs
satisfactorily.
3.2.10 Refrain from using profane or indecent
language or tobacco while on duty.
3.2.11 Dress appropriately.
3.2.12 Pickup and drop-off students at designated
stops.
3.2.13 Submit to periodic random drug and
alcohol testing and be subject to actions specified in the
Delaware Code and in federal requirements.
3.2.14 Report suspected cases of child abuse to
the school principal or designated official.
3.2.15 Notify the district transportation
supervisor of any school bus accident.
3.3 A statement requiring a report of a physical
examination on forms designated by the Department of
Education.
4.0 Qualifications and Responsibilities of School Bus
Aides
4.1 Qualifications for School Bus Aides include the
following and shall apply to all new applicants and for any
person whose employment as an aide has lapsed for a period
of over one year. The drug policy applies to all bus aides.
4.1.1 Be at least 18 years of age.
4.1.2 Be fingerprinted to allow a criminal
history check at both state and federal level. and meet the
same requirements (pre-licensing) specified for school bus
drivers in the Del. C.
4.1.3 File with the district transportation
supervisor a notarized affidavit (the same as the school bus
driver affidavit) attesting to acceptable criminal history
pending an official state and federal criminal record report.
4.1.4 Submit to the federal drug and alcohol
testing procedures established for school bus drivers. , and
subsequently, as a condition of continued employment,
submit to drug testing pursuant to the drug testing policy
established by the Department of Education.
4.1.5 The bus aide shall never have been
convicted of the manufacture, delivery, or possession with
intent to deliver a controlled substance or a counterfeit
controlled substance classified in Schedule I, II, III, IV, or V
of Chapter 47, Title 16 of the Delaware Code in this State or
any other jurisdiction.
4.1.6 The bus aide shall never have been
convicted of any other felony in this state or any other
jurisdiction in the last five years.
4.1.7 The bus aide shall never have been
convicted of any crime against a child in this State or any
other jurisdiction.
4.2 Local school districts shall have a policy
concerning school bus aides which, at a minimum, lists the
following responsibilities:
4.2.1 Assist in loading and unloading of
students, including lift operation.
4.2.2 Ensure that students and equipment are
properly strapped in seats. Adjust, fasten, and release
restraint devices for students and equipment, as required.
Monitor overall safety of students and equipment.
4.2.3 Ensure that all students remain seated at
all times.
4.2.4 Assist the driver during unusual traffic
conditions; act as a lookout if necessary when bus must be
backed.
4.2.5 Assist the driver in the enforcement of all
state and school district bus safety regulations.
4.2.6 Perform record keeping tasks related to
student attendance and bus assignment.
4.2.7 Monitor and report student misbehavior
according to established procedure.
4.2.8 Assist the driver in keeping the interior of
the bus clean.
4.2.9 Assist students with disabilities with
personal needs associated with their disabilities.
4.2.10 Assist in bus evacuation drills.
4.2.11 Work cooperatively with all school
personnel and parents.
4.2.12 Perform other duties as assigned by the
district transportation supervisor or designee.
5.0 Student Conduct on School Buses:
School Districts shall have a policy concerning the
behavior of students on school buses that shall, at a
minimum, contain the following rules which if not followed
may result in the suspension of bus riding privileges.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
646 FINAL REGULATIONS
5.1 Obey the driver promptly, and be courteous to the
driver and to fellow students. Students are to conduct
themselves while on the bus in such a way that it will not
distract the driver from the job of driving.
5.2 Be at their bus stop on time for pickup.
5.3 Wait for the bus on the sidewalk or shoulder, not
the roadway.
5.4 Keep a safe distance from the bus while it is in
motion.
5.5 Enter the bus without crowding or disturbing others
and occupy their seats immediately.
5.6 Get on or off the bus only when it is stopped.
5.7 Remain seated and facing forward. No student
shall occupy a position in the driver area in front of a
stanchion, barrier, or white floor line that may distract the
driver’s attention or interfere with the driver’s vision.
5.8 Stay out of the driver’s seat. Also, unnecessary
conversation with the driver is prohibited while the bus is in
motion.
5.9 Follow highway safety practices in accordance with
the Motor Vehicle Laws of the State of Delaware and walk
on the side of the road facing traffic when going to or from
the bus or bus stop along the highway. Before crossing the
road to board the bus or after being discharged from the bus
cross only upon an audible clearance signal from the driver.
5.10 Do not cross the road until it is clear of all
traffic or that traffic has come to a complete stop and then
walk in front of the bus far enough to be seen by the driver at
all times.
5.11 Observe classroom conduct when on the bus.
5.12 Do not call out to passers-by or open the bus
windows without permission from the driver, nor extend
head or arms out of the windows.
5.13 Do not leave the bus without the driver’s
consent, except on arrival at their regular bus stop or at
school.
5.14 Keep the bus clean, sanitary, and orderly and
not damage or abuse the equipment.
5.15 Do not smoke, use profanity or eat or drink on
the bus.
5.16 Do not throw articles of any kind in, out, or
around the bus.
5.17 Other forms of misconduct that will not be
tolerated are acts such as, but not limited to, indecent
exposure, obscene gestures, spitting, and others that may be
addressed in the school code of conduct.
6.0 Procedures for Operating Buses:
Each school district shall adopt the following
procedures for the operation of their school buses:
6.1 No person other than a pupil, teacher, school
official, aide or substitute driver shall be permitted to ride on
a school bus while transporting pupils. Exceptions may be
made for parents involved in Department of Education
educational programs that provide for transportation and
others approved by the district transportation supervisor.
6.2 The driver shall maintain a schedule in the bus and
shall at all times adhere to it. Drivers shall not be required to
wait for pupils unless they can be seen making an effort to
reach the bus stop.
6.3 The driver shall maintain discipline on the bus, and
shall report cases of disobedience or misconduct to the
proper school officials. No pupils may be discharged from
the bus for disciplinary reasons except at the home or school.
The principal or designated school official shall be notified
of such action immediately. Any change to the action taken
by the driver or any further disciplinary action to be taken is
the responsibility of the principal or designated school
official.
6.4 Pupils shall have definite places to get on and leave
the bus, and should not be allowed to leave the bus at any
place other than the regular stop without written permission
from their parents, and approval by the principal or
designated school official, except in cases of emergency.
Districts may adopt a more restrictive policy.
6.5 Buses shall be brought to a full stop before pupils
are allowed to get on or off. Pupils are not permitted to ride
outside or in any hazardous location in the bus including the
area ahead of the stanchions, barriers, or white floor line
designating the driver-area.
6.6 Buses shall not stop near the crest of hills, on
curves, or on upgrades or downgrades of severe inclination.
When stopped for the purpose of receiving or discharging
pupils, the bus shall always be stopped on the right side of
the road and as far off the paved or main traveled portion of
the highway as the condition of the shoulder permits.
6.7 Pupils who must cross the road to board the bus or
after leaving the bus shall cross at a distance in front of the
bus and beyond the crossing control arms so as to be clearly
seen by the driver and only upon an audible clearance by the
driver. The driver shall attempt to signal pupils to cross by
instructions through the external speaker of the public
address system.
6.8 All loading and unloading of pupils shall be made
from the service door. The rear exit door is not to be used
except in cases of emergency or emergency drills. No object
shall be placed in the bus that restricts the passage to the
emergency door or other exits.
6.9 No one but the driver shall occupy the driver’s seat.
Pupils shall remain behind the white floor line.
6.10 Seats may be assigned to pupils by the driver,
subject to the approval of a school official.
6.11 The doors of the bus shall be kept closed while
the bus is in motion, and pupils shall not put their head or
arms out of open windows.
6.12 When the bus is stopped on school grounds,
students are aboard, and the motor is running, the
transmission shall be in neutral (clutch disengaged) and the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 647
parking brake set. While on school grounds, drivers shall not
leave their seat while the motor is running or leave the key in
the ignition switch.
6.13 Fuel tanks shall not be filled while the engine
is running or while pupils are in the bus.
6.14 Weapons of any kind are not permitted on a
school bus.
6.15 Animals are not permitted on school buses;
however, a service animal is permitted if a physician
certifies that it is required.
6.16 A school bus shall not be used for hauling
anything that would make it objectionable for school use or
unsafe for passengers.
6.17 Band instruments, shop projects and other
school projects shall not be permitted on the bus if they
interfere with the driver or other passengers. The aisle, exits,
and driver’s vision shall not be blocked.
6.18 Bus stops on roadways with three or more
lanes (with oncoming traffic) must be made on the right side
of the road. Students shall not be required to cross more than
two lanes of traffic when entering or leaving the bus.
6.19 Headlights or daytime running lights shall be
on at all times when the bus is in motion.
6.20 On the bus route every effort should be made to
load children before turn-arounds are made and unload them
after the turn-around is made.
6.21 Backing of school buses is prohibited, except
in unusual circumstances:
6.21.1 A school bus shall not be driven
backwards on school grounds unless an adult is posted to
guard the rear of the bus.
6.21.2 When backing is unavoidable extreme
caution must be exercised by the bus operator and an outside
observer should be used if possible.
See 3 DE Reg. 942 (1/1/00)
7.0 Accident Reports:
All drivers or contractors shall complete accident
reports and submit them to the district person in charge of
transportation in order to assure accurate information
pertaining to school bus accidents.
7.1 The following information shall be included on all
school bus accident reports and be maintained in the district
transportation files:
7.1.1 A description, preferably using diagrams,
of the damage to each vehicle in addition to estimates of
damage costs.
7.1.2 A description of all personal injuries.
7.1.3 A list of passengers and witnesses.
7.1.4 Name, address and telephone number of
the driver.
7.1.5 Follow-up information, such as the actual
cost of repairs, should be added to the accident report
wherever it is filed; i.e., in federal, state or local offices, so
that the record of the accident is complete. Other pertinent
information relating to the accident that should be added
later, if the information is readily available, includes:
Disposition of any litigation.
• Disposition of any summonses.
• Net effects of all personal injuries sustained, including
medical care given, physician’s fees, hospital
expenses, etc.
• Amount of property damage other than to vehicles
involved.
• Any corrective actions taken against the school bus
driver, e.g., training, suspension, or dismissal.
• A summation of the driver’s total accident record so
that each completed report form will contain a listing
of the total number of accidents that the driver
has had.
See 3 DE Reg. 942 (1/1/00)
8.0 Transportation Benefits:
Transportation benefits shall be provided for pupils in
grades K-6 whose legal residences are one (1) mile or more
from the public schools to which they would normally be
assigned by the district administrations and for pupils in
grades 7-12 whose legal residences are two (2) miles or more
from the public schools to which they would normally be
assigned by the district administrations.
8.1 For the purpose of these regulations, the "legal
residence" of the pupil is deemed to be the legal residence of
the parent(s), legal guardian(s), or caregiver as described in
14 Del. C. §202(e)(3). Daycare facilities may be designated
as a pupil’s residence for pickup and drop off.
8.2 To determine pupil eligibility for transportation
benefits, measurement shall be by the most direct route
provided by a public road or public walkway. The
measurement shall be from the nearest point where a private
road or walkway connects the legal residence of the pupil
with the nearest public entrance of the school building to
which the pupil is normally assigned by the school district
administration.
8.3 All school bus routes shall be measured from the
first pick-up point to the respective schools served in the
approved sequence, and then by the most direct route back to
the first pick-up point.
8.4 Additional bus routes required after the opening of
school shall be approved by the Department of Education
and supported by evidence of need to include: enrollment
number changes, descriptions of existing routes in the area
of proposed additional service, the run times, and actual
loads. A description of the proposed route shall also
accompany the request.
8.5 Transportation for eligible pupils may be provided
from locations other than their legal residence provided that:
8.5.1 Such pickup and discharge points as
approved by the district administration are in excess of the
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
648 FINAL REGULATIONS
relevant one and two mile limits from the school to be
attended, and such transportation to be provided will be to
the public school to which the pupil is assigned by the
district administration.
8.5.2 Such transportation to be provided be on
the same bus and/or route to and from the school attended by
the pupil (i.e. each student is entitled to one seat on one bus)
except that permission may be granted on a year-by-year
basis by the district administration for eligible pupils to ride
other buses if seats are available and does not create
additional expense to the State.
8.5.3 The limitation pertaining to "same bus and
route" indicated above is not applicable to pupils attending
vocational-technical schools or kindergartens operating onehalf
day sessions.
8.6 A spur to a bus route (where a bus leaves a main
route) shall not be scheduled unless the one-way distance is
greater than ½ mile. Requests for exception due to a unique
traffic hazard from a parent must be in writing, approved by
the local school board, and submitted through the Chairman
of the Unique Hazard Committee for review.
8.7 Students otherwise ineligible to ride a bus may ride
if a physician certifies that a student is unable or should not
walk from home to school and return.
9.0 Bus Capacities:
Bus capacities for children in grades K-6 shall be
established by the manufacturer on the basis of 13 inches per
child, and for Grades7-12 secondary pupils the capacity shall
be established on the basis of 15 inches per child. A mixture
of the criteria will be used to plan loads when pupils come
from both of the above groups. Actual bus loads may not
exceed this guidance. Standees shall not be permitted under
normal circumstances; however, exceptions may be made in
emergency situations on a temporary basis.
10.0 Loading and Unloading:
Each school shall have a loading and unloading dock or
area, rather than load or discharge passengers onto the street.
On school grounds all other traffic is prohibited in the
loading and unloading area during school bus loading/
unloading operations.
11.0 Unique Hazards:
Unique hazards are considered to be conditions or
situations that expose the pedestrian to rare or uncommon
traffic dangers. This definition is not intended to include
hazards representative of situations which may exist
throughout the State.
11.1 Procedures for handling Unique Hazards
requests.
11.1.1 When the request for relief originates with
parents of pupils affected or vested officials, such as State
and local police representatives, Safety Council
representatives, and legislators, it shall be presented in
writing to the local school authorities.
11.1.1.1 The local school administration shall
make every effort to resolve problems identified by the
parents, vested officials, or by the local district staff.
11.1.1.2 If the problem cannot be resolved by
the local school administration, the request shall be
forwarded to the local board of education for appropriate
action. If the local board of education has explored all of the
local alternatives to resolve the problem without success, a
request by board action shall be made to the Chairman of the
Unique Hazards Committee (Education Associate for School
Transportation).
11.2 The request to the Unique Hazards Committee
must include:
11.2.1 The original request from the parents,
vested officials, or the district staff.
11.2.2 A statement of the specific hazard and area
involved including maps showing the specific location,
points of concern and schools attended.
11.2.3 Number and grades of children involved.
11.2.4 School schedule and the time children
would normally be walking to and from school in the area of
concern.
11.2.5 List any actions to resolve the problem
taken by the local school administration.
11.2.6 List any actions to resolve the problem
taken by the local board of education.
11.2.7 List any actions to resolve the problem
taken by the town, the city or county.
11.3 The Unique Hazards Committee will process
the request and report its findings and recommendations to
the Department of Education for their consideration and
action. A copy of the report will also be forwarded to the
local board of education involved.
11.4 The Unique Hazards Committee consists of
representatives from the Department of Transportation; the
New Castle County Crossing Guard Division; Delaware
Safety Council; Traffic Control Section, the Delaware State
Police; and the Department of Education Associate for
School Transportation (Chairman).
11.5 Unique Hazards Committee Recommendations
Appeal Process
11.5.1 Appeals to the Unique Hazards Committee
recommendations approved by the State Department of
Education must be in writing and from the local board of
education.
11.5.2 The local school board shall, before
making an appeal, make every effort to resolve the problem.
If, in the opinion of the local board of education,
reconsideration is needed by the Unique Hazards
Committee, the appeal, along with pertinent information,
should be forwarded to the Chairman of the Unique Hazards
Committee.
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FINAL REGULATIONS 649
11.5.3 The Unique Hazards Committee will
submit to the State Department of Education its
recommendations regarding the appeal for reconsideration
by the local board of education. A copy of the report will
also be forwarded to the local board of education involved.
12.0 Contingency Plans:
Each school district shall have contingency plans for
inclement weather, accidents, bomb threats, hostages, civil
emergencies, natural disasters, and facility failures
(environmental/water, etc.). These plans shall be developed
in cooperation with all those whose services would be
required in the event of various types of emergencies. The
school transportation supervisor, school administrators,
teachers, drivers, maintenance and service personnel,
students, and others shall be instructed in the procedure to be
followed in the event of the contingencies provided for in the
plans.
13.0 Reimbursements for School Bus Ownership and
or Contracts:
School buses may be either state owned/district
operated or contracted.
13.1 Reimbursements for buses operated by the
district shall be on the basis of the formula for district
operated buses unless otherwise approved by the Department
of Education.
13.1.1 Drivers employed by the district shall be
paid on the regular payroll of the district. When drivers are
employed in a dual capacity there shall be strict accounting
for salary division.
13.2 Reimbursement for buses operated on contract
shall be on the basis of the approved formula or of a bid if
the amount should be less.
13.2.1 Contractors shall be paid regularly at the
end of the month. The total contract shall be paid in ten (10)
installments, with the first payment at the end of September.
13.3 Any transportation costs caused by grade
reorganizations and/or pupil re-assignments during the
school term after October 1, other than the occupancy of a
new school building, shall be at the expense of the local
school district unless approved by the Department of
Education.
13.4 Bills unpaid from Transportation funding lines
that have not been encumbered as of June 30, shall be the
responsibility of the local school district.
13.5 Reimbursement to the local school district for
contracts or for district-owned or leased buses shall be made
on the basis of a Department of Education formula approved
by the State Board of Education. This formula shall take
into consideration school bus cost and depreciation, fixed
charges, operations, maintenance, driver and aide wages.
Reimbursement shall be made only for transportation of
eligible pupils and exceptions approved by the Department
of Education and the State Board of Education.
13.6 Reimbursement for buses when there are
Specially Declared Holidays or Strikes by Teachers.
13.6.1 School bus contractors shall be paid the
normal rate of pay as provided for in their contract, less the
allowance for operation including fuel, oil, tires, and
maintenance.
13.6.2 Contractors with buses assigned to midday
kindergarten or vocational-technical trips shall be
reimbursed for the amount of the driver’s allowance plus the
administrative allowance.
13.6.3 School districts operating district-owned,
leased, or lease-purchase buses shall be reimbursed based on
the formula for district reimbursement, less the allowance
for operation which includes fuel, oil, tires, and
maintenance.
13.6.4 Districts with buses assigned to midday
kindergarten or vocational-technical trips shall be
reimbursed for the amount of the driver’s allowance plus the
administrative allowance.
13.6.5 The Delmar School District shall be
reimbursed on the basis of the additional days necessary to
operate as a result of the agreement with the Wicomico
County Board of Education for the Delmar, Maryland
elementary schools.
14.0 Transportation Formulas for Public School
Districts Operating District , Lease, or Lease Purchase
Buses.
Items which are not on this list must be approved by the
State Department of Education. Any purchase, commitment,
or obligation exceeding the transportation allocation to the
district is the responsibility of the district.
14.1 The following items may be used for the
purpose of providing pupil transportation in accordance with
the regulations of the Department of Education.
14.1.1 Advertising including equipment, routes,
supplies, and employees.
14.1.2 Communication systems including twoway
radios, cellular phones, and AM-FM radio.
14.1.3 Fuel including gasoline, diesel, propane,
kerosene, storage tanks, pumps, additives, and oil.
14.1.4 Leasing/rental including tools, equipment,
storage facilities, buses, garage space, and office space.
14.1.5 Office supplies and materials including
computer hardware, computer software, data processing,
maps, postage, printing, subscription, and measuring
devices.
14.1.6 Safety materials including audio-visual
aids, restraining vests, belts, safety awards, pins, patches,
certificates, wheelchair ramps, wheelchair retainers,
printing, handout materials, pamphlets, training materials,
subscriptions, and bus seats.
14.1.7 Salary/wages including attendants (aide)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
650 FINAL REGULATIONS
as approved by the Department of Education when required
in a student’s IEP, dispatchers, drivers, maintenance helpers,
mechanics, mechanics helpers, office workers, secretarial,
substitute drivers, supervisory (other than State supported
supervisor or manager), and State provided employee
benefits.
14.1.8 Shop facilities including heat, electric,
water, sewer, security, fences, lights, locks, guards, bus
storage, janitorial supplies, brushes, mops, buckets, soap,
tools, maintenance vehicles, grease, service vehicles, and
work uniforms for maintenance staff.
14.1.9 Sidewalks including construction of
sidewalks, footbridges, etc. that would be offset in reduced
busing costs in 5 years or less, with prior approval of
Supervisors of Transportation and School Plant Planning.
14.2 Special 01-60 state funds are provided to
school districts for training supplies. This account may also
be used for reimbursements for state provided equipment
and services.
14.3 Examples of Programs Excluded from State
Reimbursement:
14.3.1 Extracurricular Field trips
14.3.2 Transportation of pupils from one school
to another for special programs (e.g., music festivals,
Christmas programs, etc.)
14.3.3 Transportation of pupils to and from
athletic contests, practices, tutoring, band events, etc.
14.3.4 Post-secondary classes
14.3.5 Federal programs
14.3.6 Alternative school transportation when not
using a shuttle concept that is as efficient as a shuttle
concept.
14.3.7 Choice school transportation outside of the
school district or outside of the attendance area of school that
the bus normally serves.
14.3.8 Charter school transportation outside of
the school district.
15.0 Transportation Allowances for Individuals:
Requests for transportation allowances shall be made in
writing to the Department of Education by districts with
justification. This information is necessary in order for the
Department to determine a pupil’s eligibility. The
responsibility for establishing a claim for transportation
allowances rests upon the district and claimant.
15.1 All requests shall be signed by the parent or
guardian and certified by the superintendent, principal or the
principal teacher of the school to be attended. In case of a
car pool, only the driver shall be paid.
15.2 Payments or reimbursements for transportation
by private means shall be on the following basis:
15.2.1 When adequate public services is
available, the public service rates shall be used.
15.2.2 When public service is not available and it
is necessary to provide transportation by private conveyance,
the allowance shall be calculated at the prevailing state rate
per mile for the distance from the home to the school or
school bus and return twice a day, or for the actual distance
traveled.
15.2.3 Districts shall maintain a monthly record
of mileage traveled on a form provided by the Department of
Education.
15.2.4 Any exception or variation must be
approved by the Department of Education.
16.0 Cost Records:
Cost Records shall include the following costs directly
attributable to the transportation of eligible students on
district school buses:
16.1 Total expenditures by funding code.
16.2 Wages of the Drivers.
16.3 Bus maintenance costs (expenditure for all bus
supplies, repairs and routine service).
16.4 Cost of accidents, including bus repairs.
16.5 Indirect costs (all those costs not included in
above categories and all costs associated with those who
supervise the school transportation operation).
17.0 Bus Replacement Schedules:
The time begins for a new bus when it is placed in
service. A bus shall have the required mileage prior to the
start of the school year. Once a bus is placed in service for
the school year, it will not be replaced unless it is unable to
continue service due to mechanical failure.
17.1 The following age and mileage requirements
apply:
17.1.1 12th year must be replaced ( it may then be
used as a spare); or
17.1.2 150,000 miles no matter age of bus; or
17.1.3 7 years plus 100,000 miles; or
17.1.4 may be replaced after 10 years.
17.2 Contractors shall be reimbursed for their
eligible school buses for the annual allowances permitted by
the Formula. New (unused) buses placed in service in a year
following their manufacture shall begin their 7 years of
capital allowances with the rate specified for the year of
manufacture and continue in year increments until
completed.
17.3 School buses purchased with state-allocated
transportation funds may be used by the school districts for
purposes other than transportation of pupils to and from
school. This type of use shall be at the district’s expense and
shall occur only during a time when the bus is not making its
normal school run.
In accordance with the Attorney General’s
opinion of June 18, 1974, regarding the use of buses
purchased from State-allocated transportation funds for
purposes other than the regular transportation of pupils to
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 651
and from school, the provisions of Title 14, Section 1056,
School Property, Use, Control and Management, shall apply.
18.0 School Bus Inspections:
The Delaware Motor Vehicle Division has two periods
of time when all school bus owners shall have their buses
inspected each year, once during January or February and
the second yearly inspection during June, July, or August.
19.0 Transportation for Students with Disabilities:
Transportation or a reimbursement for transportation
expenses actually incurred shall be provided by the State for
eligible persons with disabilities by the most economically
feasible means compatible with the person’s disability
subject to the limitations in the following regulations:
19.1 When the legal residence of a person receiving
tuition assistance for private placement is within sixty (60)
miles (one way) of the school or institution to be attended,
the person shall be eligible for round trip reimbursement for
transportation on a daily basis at the per mile rate allowed by
the Internal Revenue Service for business use of a private
vehicle, or for transportation at State expense which may be
provided in lieu of the per mile reimbursement. (Round trip
mileage is considered to be from the person’s legal residence
to the school or institution and return twice a day, or for
actual mileage traveled, whichever is less.)
19.2 When the legal residence of a person receiving
tuition assistance for private placement is in excess of sixty
(60) miles (one way) but less than one hundred (100) miles
(one way) from the school or institution to be attended, the
person shall be eligible for round trip transportation
reimbursement at the per mile rate allowed by the Internal
Revenue Service for business use of a private vehicle, or for
transportation at State expense which may be provided in
lieu of the per mile reimbursement on a weekly basis and on
such other occasions as may be required when the school is
not in session due to scheduled vacations or holidays of the
school or institution. (Round trip mileage is considered to be
from the person’s legal residence to the school or institution
and return twice a week. The weekly basis is to be
determined by the calendar of the school or institution to be
attended.)
19.3 When the legal residence of a person receiving
tuition assistance for private placement is in excess of one
hundred (100) miles (one way) of the school or institution to
be attended, the person shall be eligible for round trip
reimbursement on the basis of one round trip per year from
the person’s legal residence to the school or institution and
return, and at such other times when care and maintenance of
the person is unavailable due to the closing of the residential
facility provided in conjunction with the school or
institution. (Round trip is considered to be from the person’s
legal residence to the school or institution to be attended and
from the school or institution to the legal residence of the
person on an annual basis or at such times as indicated
above.)
19.4 Reimbursement shall be computed on the per
mile rate allowed by the Internal Revenue Service for
business use of a private vehicle from the legal residence to
the point of embarkation and return to the legal residence
and for the actual fares based on the most economical means
of transportation from the point of embarkation to the school
or institution to be attended; the return trip shall be computed
on the same basis.
19.5 Transportation at State expense may be
provided from the legal residence to the point of
embarkation in lieu of the per mile reimbursement when it is
determined by the local district to be more economically
feasible.
19.6 The local district of residence shall be
responsible for payment of all such transportation
reimbursement when it is determined by the local district to
be more economically feasible.
19.7 All requests for payment shall be made by the
parent or legal guardian or other person who has control of
the child to the transportation supervisor responsible for
transportation in the district of residence at a time
determined by the district but prior to June 5 of any year.
19.8 When reimbursements are made they shall be
based on required documentation to support such payment.
19.9 The legal residence for the purpose of these
regulations is defined as the residence of the parent, legal
guardian or other persons in the state having control of the
child with disabilities and with whom the child actually
resides.
19.10 School Transportation Aides: With the
approval of the Department of Education, a state funded
school bus aide may be provided on school buses serving
special schools/programs for children with disabilities.
See 3 DE Reg. 1548 (5/1/00)
20.0 Transportation for Alternative Programs:
Costs for transportation shall be paid by the state from
funds appropriated for student transportation if
transportation is provided by extending already existing
routes. Shuttle services that extend existing routes will be
allowed. Additional routes established to transport students
to and from the Alternative Programs or other special
transportation designs will not be paid by the state from the
school transportation appropriation and shall be included in
the Alternative Program budget and be paid from the state
allocation for alternative programs and/or the districts 30%
share. Planning committees for these programs shall include
the transportation supervisors who will be providing
services. In addition, those supervisors must coordinate
planning with and submit their transportation plans to the
Education Associate for School Transportation at the
Department of Education.
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652 FINAL REGULATIONS
21.0 Drugs and Alcohol:
The illegal use, sale, or possession of intoxicants,
narcotics, prescription drugs, or other controlled substances,
or being under the influence of the same, by a school bus
driver or aide (hereinafter referred to as employee) while on
the job or on school property, or on school buses or vehicles
shall result in immediate suspension without pay and
recommendation for job termination.
21.1 The Delaware Department of Education, in
order to promote the health and safety of all employees and
students, shall routinely conduct drug/alcohol testing of all
employees to determine fitness for duty. The following
procedures shall be instituted in implementing the drug/
alcohol testing program:
21.1.1 District supervisory personnel or
supervisory employees of the school bus contractors who
determine whether an employee must be drug/alcohol tested
based on "reasonable cause" shall receive a minimum of one
(1) hour of training on the specific physical, behavioral and
performance indicators of probable drug/alcohol abuse.
21.1.2 Pre-employment Testing: No employee
will be hired unless that person passes a drug test.
21.1.3 Random Testing: At least 50% of all
employees shall be drug/alcohol tested and 10% (as required
by federal DOT) of all employees shall be alcohol tested
every 12 months. The employees for testing shall be
selected by using a random number table that is matched
with an employee’s social security number.
21.1.4 Testing Based on Reasonable Cause:
Whenever there is reasonable cause to believe that an
employee is using a prohibited drug/alcohol, such employee
shall be drug/alcohol tested. The decision to test will be
based on a reasonable and articulate belief that the employee
is using a prohibited drug/alcohol on the basis of specific,
contemporaneous physical, behavioral or performance
indicators of probable drug/alcohol use. The supervisor of
the employee shall make the decision to test with the
assistance of a district employee or supervisory employee of
the school bus contractor trained in detecting possible drug/
alcohol use.
21.1.5 Supervisors and employees shall all
receive at least a one hour seminar educating them about:
the critical problem of alcohol and drug abuse in the work
place; the drugs to be tested for; how the drug testing will be
conducted; drug screening; security and chain-of-custody
procedures for the sample; federally approved drug testing
facilities are used; medical review doctors receive the
results; and employee assistance program offerings.
21.1.6 If an employee is under medical treatment
involving a controlled substance or medication which might
impair response and affect fitness for duty, documentation
should be on file in the office of the District Transportation
Supervisor of the driver’s fitness to drive a school bus. A
telephone call shall be made to the physician’s office by the
company/agency responsible for the impairment screening,
substantiating that the documentation is a true and correct
statement of the driver’s fitness issued by the physician. A
notation of the time, date and person obtaining that
substantiation shall be duly noted. Determination as to the
driver’s fitness for duty shall be made only after such
substantiation is made.
21.1.7 Any employee failing a drug/alcohol test
without documentation of acceptable medical cause shall be
immediately suspended without pay and recommended for
termination. Refusal to be tested pursuant to these
regulations shall also be grounds for termination of
employment.
See 3 DE Reg. 942 (1/1/00)
21.0 Drugs and Alcohol Testing
21.1 Content:
21.1.1 Pursuant to 14 Del.C. 2910, this regulation
shall apply to the contracting for a program of drug and
alcohol testing services necessary to enable public school
districts, charter schools, and any person or entity that
contracts with a school district or charter school to provide
transportation for State public school students, to comply
with such drug and alcohol testing requirements applicable
to Delaware public school bus drivers as are now, or may
hereafter be, imposed by federal law.
21.1.2 School bus aides shall be subject to the
same federal and state drug and alcohol testing requirements
as school bus drivers. They shall use non-DOT forms, and
the employer shall follow the same procedures set forth
herein.
21.2 Definitions: The following words and terms,
when used in this regulation, shall have the following
meaning unless the context clearly indicates otherwise:
"Alcohol" means the intoxicating agent in beverage
alcohol, ethyl alcohol or other low molecular weight
alcohols, including methyl or isopropyl alcohol.
"CDL" means a commercial drivers license issued
pursuant to [Chapter 26 of Title 21 of the Delaware Code
21 Del.C. Chapter 26.]
"Department"means the Delaware Department of
Education.
"DOT" means the United States Department of
Transportation.
"Drug"means the controlled substances for which
tests are required under the provisions of 49 U.S.C. ' 31306,
49 CFR Part 382 and 49 CFR Part 40, and include marijuana,
cocaine, amphetamines, phencyclidine (PCP), and opiates.
"Employer" [means school bus contractors or]
school districts and charter schools when they directly
employ school bus drivers [, and/or school bus
contractors].
"Negative result" means a verified negative drug
test result or an alcohol test result lower than the Federal
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 653
standard as defined by the provisions of 49 U.S.C. ' 31306,
49 CFR Part 382 and 49 CFR Part 40.
"Positive result" means a verified positive, adulterated, or
substituted drug test result, an alcohol test result equal to or
greater than the Federal standard or a refusal to take a drug
or alcohol test as defined by the provisions of 49 U.S.C. '
31306, 49 CFR Part 382 and 49 CFR Part 40.
21.3 Federal Regulations
Employers shall comply with the drug and alcohol
testing regulations issued by the Secretary of Transportation
of the United States pursuant to 49 U.S.C. ' 31306 and
located at 49 CFR Part 382 and 49 CFR Part 40.
21.4 Drug and Alcohol testing program
requirements:
21.4.1 The employer shall:
21.4.1.1 Be responsible for compliance with
all federal and state regulations;
21.4.1.2 Maintain drug and alcohol testing
records for their school bus drivers and aides.
21.4.1.2.1 Documentation of drug and
alcohol testing results shall flow directly from the
Consortium/Third Party Administrator [Medical Review
Officer (AC/TP) (C/TPA/MRO)], as defined by the
provisions of 49 CFR Part 382 and 49 CFR Part 40, to the
employer. Copies of positive results shall be sent to the
transportation supervisor for the school district or charter
school and the Department for accounting and audit
purposes.
21.4.1.2.2 Documentation of results
shall be addressed to the individual, or employer, and the
transportation supervisors for the school district, charter
school or Department so as to ensure confidentiality.
21.4.2 The Department shall:
21.4.2.1 Bid the contract for the drug and
alcohol testing program;
21.4.2.2 Monitor the drug and alcohol testing
program;
21.4.3 Any school bus driver or aide who is not in
compliance with federal and state drug and alcohol testing
requirements shall not perform driver or aide duties until
they have satisfied the federal and state requirements.
21.4.3.1 Any school bus driver or aide who has
a positive drug or alcohol test result shall comply with DOT
regulations regarding a Substance Abuse Professional
[(ASAP) (SAP)] evaluation, treatment and return-to-duty
testing before another pre-employment test is allowed.
21.4.3.2 An employer who hires a school
bus driver or aide who has previously failed a drug or
alcohol test shall ensure that all follow-up drug and/or
alcohol testing recommended by the SAP evaluation is
implemented.
21.5 Pre-employment Testing
21.5.1 School bus drivers with no CDL and aides
with no prior experience must have a negative preemployment
drug test, and the employer must receive a
negative result before the prospective employee can operate
a school bus or serve as an aide.
21.5.2 Bus drivers with a CDL and school bus
aides with past experience shall follow DOT rules and
regulations to determine the necessity for pre-employment
drug testing.
21.5.3 Employers shall provide Federal Drug
Testing Custody and Control [(ACC) (CCF)] forms to new
school bus drivers and non-DOT forms to school bus aides
who shall take the forms to the appropriate collection facility
where the driver or aide shall be administered a drug test.
Forms shall note the employer and school district or charter
school.
21.5.4 Negative results shall be forwarded from
the [C/TPA C/TPA/MRO] to the employer.
21.5.5 Positive results shall be forwarded from
the [C/TPA C/TPA/MRO] to the employer. Copies of
positive results shall be sent to the transportation supervisor
for the school district or charter school and the Department
for accounting and audit purposes.
21.5.6 Employers shall notify prospective school
bus drivers and aides in writing of a positive result. Copies
of this letter shall be sent to the transportation supervisor for
the school district or charter school and the Department.
21.6 Random Testing
21.6.1 Employers shall provide the [C/TPA C/
TPA/MRO] a quarterly list of eligible drivers and aides to
be drug and alcohol tested no later than one week before the
testing quarter. The list shall note the primary school district
or charter school of the drivers and aides. Copies of the lists
shall be provided to the school district or charter school
transportation supervisors.
21.6.2 The [C/TPA C/TPA/MRO] shall send the
employer lists of drivers and aides to be tested by the end of
the first week of the quarter.
21.6.3 Employers shall provide CCF and alcohol
testing forms to the drivers and aides who shall take the
forms and go immediately to the appropriate collection
facility where the driver or aide shall be administered a drug
test or a drug and alcohol test. Forms shall note the
employer and the school district or charter school.
21.6.4 Employers shall complete the required
random tests before the end of the calendar quarter.
21.6.5 Negative results shall be forwarded from
the [C/TPA C/TPA/MRO] to the employer.
21.6.6 Notification of positive results shall be
forwarded from the [C/TPA C/TPA/MRO] to the employer.
Copies of the positive results forms shall be sent to the
transportation supervisor for the school district or charter
school and the Department for accounting and audit
purposes.
21.6.7 Employers shall notify school bus drivers
and aides in writing of a positive result. Copies of this letter
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
654 FINAL REGULATIONS
shall be sent to the transportation supervisor for the school
district or charter school and Department.
21.7 Post-Accident and Reasonable Suspicion
Testing
21.7.1 Employers shall provide CCF and alcohol
testing forms to the school bus drivers and aides who shall
take the forms and go immediately to the appropriate
collection facility where the driver or aide shall be
administered a drug and/or alcohol test. Forms shall note the
employer and school district and charter school.
21.7.2 Negative results shall be forwarded from
the [C/TPA C/TPA/MRO] to the employer.
21.7.3 Notification of positive results shall be
forwarded from the [C/TPA C/TPA/MRO] to the employer.
Copies of the positive result form shall be sent to the
transportation supervisor for the school district or charter
school and the Department for accounting and audit
purposes.
21.7.4 Employers shall notify school bus drivers
and aides in writing of a positive result. Copies of this letter
shall be sent to the transportation supervisor for the school
district or charter school and the Department.
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF LONG TERM CARE
RESIDENTS PROTECTION
Statutory Authority: 16 Delaware Code,
Section 1101 (16 Del. C. §1101)
Regulations Pertaining to Group Homes For Persons
with Mental Illness
Nature of the Proceedings:
The Department of Health and Social Services, Division
of Long Term Care Residents Protection (DLTCRP)
initiated proceedings in accordance with 29 Delaware Code,
Chapter 101 to adopt Regulations for Group Homes for
Persons with Mental Illness. On May 1, 2002, DLTCRP
published proposed regulations in the Register of
Regulations and received written and verbal comments at
public hearings on June 3 and June 5, 2002.
The Department of Health and Social Services, Division
of Long Term Care Residents Protection reviewed and
evaluated the comments received at the June hearings.
Those proposed regulations which were not revised
following the June hearings were published as final
regulations in the September Register of Regulations along
with a Summary of Evidence.
In response to comments at the June Hearings, DLTCRP
revised seven proposed regulations and published the revised
proposed regulations in the September Register of
Regulations. A public hearing on the seven proposed
regulations was held October 2, 2002.
An additional written comment as well as verbal
comments were received at the October 2 hearing. DLTCRP
reviewed and evaluated those comments as discussed in the
accompanying Summary of Evidence.
Findings of Fact:
The Department of Health and Social Services finds that
the proposed regulations, as set forth in the attached copy,
should be adopted as final regulations. Therefore, it is
ordered that the proposed Regulations for Group Homes for
Persons with Mental Illness are adopted effective November
10, 2002.
Vincent P. Meconi, Secretary
10.11.02
Summary of Evidence:
Comments on the proposed regulations have been
received and evaluated as follows:
A comment objected to the use of the term "a means of
communication" included in the description of equipment
required in vehicles used to transport residents. The
comment indicated that the term was too vague and stated
that a means of communication could refer to a pencil and
paper. It is extremely unlikely that a provider would be
unable to understand the intent of the regulation as written.
A comment suggested that a contradiction exists
between the requirement in Regulation 61.506 that a
provider shall complete an assessment using a format
approved by the Division of Substance Abuse and Mental
Health and the requirement in the previously published final
Regulation 61.801 related to a physical examination of a
resident. The regulations complement each other rather than
contradict each other; and it should be noted that Regulation
61.801 provides an exception to the requirement for a
physical examination if the prospective residents "have had
one within one (1) year of admission and their medical
records are available to their current primary care
physician."
Other comments at the public hearing related to
previously adopted regulations which were not the subject of
the public hearing. Individuals seeking clarification of
previously adopted regulations should contact the Division
of Long Term Care Residents Protection with regard to
licensing issues and the Division of Substance Abuse and
Mental Health with regard to treatment issues.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 655
REGULATIONS PERTAINING TO GROUP HOMES
FOR PERSONS WITH MENTAL ILLNESS
61.403A1b Clinician: A clinician shall be a person
with a doctoral or master’s degree in clinical or counseling
psychology, clinical socialwork, vocational/psychiatric
rehabilitation or education from an
accredited college or university; a registered nurse with a
certification in mental health nursing from the American
Nurses Association; or a person with a bachelor’s degree
with five (5) years experience in mental health service
delivery with at least two (2) years experience in residential
services.
61.403B2i Familiarization with community mental
health services available in the county in which the group
home is located;
61.403B4 A service provider need not require training
in discrete areas in which the staff person has demonstrated
competency through satisfactory job performance or
previous experience to the satisfaction of the service
provider and the Department.
61.506 The service provider shall complete an
assessment, using a format approved by the Division of
Substance Abuse and Mental Health,
prior to each resident’s admission to the group home with the
assistance of the group home’s psychiatrist.
61.602C Each resident shall have his/her progress and
continuing treatment needs thoroughly reassessed at least
once every six (6) months. The reassessment will be
conducted by the resident’s treatment team, which shall
include a psychiatrist.
61.603 The service provider shall designate a clinician
or associate clinician to be the primary clinician for each
resident who shall:
61.1110 All vehicles used to transport residents by the
service provider shall be equipped with a seat belt for each
resident, a means of communication and shall comply with
applicable safety and licensing standards established by the
Delaware Division of Motor Vehicles. The service provider
shall maintain liability insurance as
required by Delaware law. A driver of a vehicle used to
transport residents shall have a valid license.
PLEASE NOTE: NO CHANGES WERE TO THE REMAINDER
OF THE REGULATION, THEREFORE IT IS NOT BEING
REPRODUCED HERE.
DIVISION OF PUBLIC HEALTH
Statutory Authority: 16 Delaware Code,
Section 2906(b) (16 Del.C. §2906(b))
Nature Of The Proceedings:
Delaware Health and Social Services ("DHSS")
initiated proceedings to adopt State of Delaware Clean
Indoor Air Act Regulations. The DHSS proceedings to
adopt regulations were initiated pursuant to 29 Delaware
Code Chapter 101 and authority as prescribed by 16
Delaware Code, Chapter 29.
On September 1, 2002 (Volume 6, Issue 3), DHSS
published in the Delaware Register of Regulations its notice
of proposed regulations, pursuant to 29 Delaware Code
Section 10115. It requested that written materials and
suggestions from the public concerning the proposed
regulations be delivered to DHSS by October 1, 2002, or be
presented at public hearings on September 25 & 26, 2002,
after which time DHSS would review information, factual
evidence and public comment to the said proposed
regulations.
Verbal and written comments were received during the
public comment period and evaluated. The results of that
evaluation are summarized in the accompanying "Summary
of Evidence."
Findings Of Fact:
The Department finds that the proposed regulations, as
set forth in the attached copy should be adopted in the best
interest of the general public of the State of Delaware.
The proposed regulations include modifications from those
published in the September 1, 2002, Register of Regulations,
based on comments received during the public notice period.
These modifications are deemed not to be substantive in
nature.
THEREFORE, IT IS ORDERED, that the proposed
State of Delaware Clean Indoor Air Act Regulations are
adopted and shall become effective November 27, 2002,
after publication of the final regulation in the Delaware
Register of Regulations.
Vincent P. Meconi, Secretary
October 11, 2002
Summary Of Evidence
State Of Delaware Clean Indoor Air Act Regulations
Two public hearings were held, one on September 25,
2002 at 7:00 p.m., in room A114, Delaware Technical and
Community College, Stanton Campus, 400 Stanton-
Christiana Road, Newark, Delaware; and the other on
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
656 FINAL REGULATIONS
September 26, 2002 at 7:00 p.m., in the Department of
Natural Resources and Environmental Control (DNREC)
Auditorium, Richardson and Robbins Building, 89 Kings
Highway, Dover, Delaware before David P. Walton, Hearing
Officer, to discuss the proposed Department of Health and
Social Services (DHSS) Clean Indoor Air Act Regulations.
Announcements regarding the public hearings were
advertised in the Delaware State News, The News Journal
and the Delaware Register of Regulations in accordance with
Delaware Law. Mr. Kevin Charles from Health Systems
Protection (HSP) Section of the Division of Public Health
(DPH) made the agency’s presentation. Attendees were
allowed and encouraged to discuss and ask questions
regarding all sections of the proposed regulations. Public
testimony was given at both public hearings and four letters
were received commenting on the proposed regulations
during the public comment period (September 1 through
October 1, 2002). In addition to members of the general
public, organizations that commented include:
• Bayview Inn
• Alfred I. DuPont Hospital for Children
• Capitol Billiards
• Hi Ho Tavern
• FORCES DELAWARE (Delmarva Smokers)
• WT Smithers
• Bank Shots
• Healthy Delaware Foundation
• Dover Downs, Inc.
• Delaware Hotel & Lodging Association
• Route 40 Corridor Alliance
• Shawnee Country Club
• Clayton Tavern
All public comments and the DHSS (Agency) responses
are as follows:
• There was a request that regulations developed to
implement the Clean Indoor Air Act include that a
waiver will be granted for any facility that meets the
following requirements:
1. The facility is used only for the purpose of
smoking as defined by the Act.
2. The facility is physically separate from any
facility used by the general public.
3. The facility is prominently designated by
signage to be only for the purpose of smoking.
4. The facility is prominently designated by
signage to restricted from admission by minors.
5. No business, social, or other use may be
conducted in the facility.
Agency Response: The department does not intend to adopt
conditions to grant waivers from the Clean Indoor Air Act
(CIAA). The waiver provisions of the CIAA Regulations
are clear in Section 99.106 and are reflective of the law. A
waiver request must be in writing to the agency, must
provide compelling reasons to grant such a waiver, and
granting such a waiver must not significantly affect the
health and comfort of non consumers of tobacco products.
Each waiver request will be considered on a case-by-case
basis.
• There were general questions about the law: Who
will enforce the law? Will you hire special people to
enforce the law? Will there be people out writing
tickets?
Agency Response: In public places the law will be enforced
by the Department of Health and Social Services and in the
work environment the Department of Labor will enforce the
law. There will not be people writing tickets, and no special
people will be hired to enforce this law. The enforcement
process will be complaint driven and an investigation will be
conducted to clarify and substantiate violations of the CIAA.
There will be an 800 number established for CIAA
complaints and each credible complaint will be investigated
and followed-up. Credible complaints include those where a
verifiable contact information is provided by a complainant.
The department will not act on anonymous complaints.
• Who will get fined if someone is smoking in an establishment?
Agency Response: Based on the investigation, if
substantiated, the smoker may be fined and/or the owner if
that person did not make a good faith effort to prevent
smoking in their establishment.
• What if the person smoking refuses to stop smoking
in my establishment?
Agency Response: If the owner/management has made a
good faith effort to inform the patron of the smoking
violation and has asked them to cease and desist, the owner
has the right to ask the patron to leave the establishment. If
patron refuses to leave upon request, then it may become a
matter of trespassing or disorderly conduct and law
enforcement may have to be involved. DHSS is working
with the state's law enforcement community to develop a list
of actions that owners or management can follow to address
smokers who unknowingly light up to smoke as well as those
who are openly defiant of the law. It is important to note that
DHSS does not advocate, nor expect owners/management to
become physically involved with patrons over this law. The
Department’s intention is to work with owners/management
of these facilities and law enforcement before and after the
implementation of this law.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 657
• Are bars going to be allowed to sell cigarettes?
Agency Response: The Clean Indoor Air Act does not
prohibit the sale of cigarettes in bars.
• There are some restaurants that do not allow
employees to leave the building due to security concerns.
Would these employees be permitted to file a
grievance with the Department of Labor and would
this be a reason that an indoor smoking area would
be permitted?
Agency Response: During the public hearing, this person
was referred to the Department of Labor for both of these
issues.
• Is there any lessening of the regulation for handicapped
patrons?
Agency Response: The law does not make exceptions for
those with disabilities.
• There were some clarification questions about the
definition of enclosed indoor area in the regulations
and how it applies to covered patios and areas covered
by canopies.
Agency Response: Patios that are covered with canopies or
other material that are partially open or partially closed to the
outside are not considered enclosed indoor areas, thus
smoking is not prohibited in these areas by the regulation.
• Are you going to send out a booklet to all owners of
restaurants, bars, taprooms of what we're suppose to
do, of your rules and regulations to make sure everybody
knows what you want us to do?
Agency Response: Yes. There is an on-going effort to do
outreach to facilities so they understand how to comply with
the law. This includes four informational workshops
planned for October and information packets that will be
mailed to businesses to help them understand how to comply
with the law.
• If a waiver is requested, will there be a written
response?
Agency Response: Yes, DHSS will respond in writing to all
written waiver requests.
• An owner of a billiard hall, which does not serve
alcohol, wanted to know how the CIAA applies to a
private club? Can I convert my business to a private
club, charge a membership fee to by a member of my
billiard club? Can I legally do that in Delaware?
Agency Response: The Department is requesting an opinion
from the Attorney General regarding the application of the
law to private clubs in the state. Due to the importance of
ensuring that the intent of the law as it relates to private clubs
is correctly reflected in the regulations, the department will
defer any answers to such questions until such time as the
Attorney General has had an opportunity to issue an opinion.
• Another business owner wanted to now how this law
applies to private country clubs?
Agency Response: See above.
• There was another question asking whether the Act
would ban smoking during regular business operations
of the American Legion Post, the Veterans of
Foreign (VFW) Post and the Elk's Clubs in Delaware.
Agency Response: If the establishment meets the definition
of "Fraternal Benefit Society" in 18 DE Code, sec. 6201,
then it is exempt from smoking restrictions.
• There was a comment that DHSS attempted to
rewrite the bill and went beyond their delegated
scope of responsibility when developing Section
99.202 of the regulation. Section 99.202 states that:
"No owner of any indoor enclosed area subject to 16
Delaware Code, Chapter 29 and/or person(s) responsible
for the management of such area or employees
thereof, shall permit or authorize smoking by any
person(s) in areas not designated specifically for the
smoking of tobacco products as permitted by Section
99.301."
Agency Response: Based on our Deputy Attorney General's
review of the law and Section 99.202 of these proposed
regulations, it was determined that DHSS does have the
authority to require responsible parties to take reasonable
steps to prevent smoking in non-smoking indoor enclosed
areas.
• Section 99.107.3, the definition of "Enclosed Indoor
Area" should be amended to provide the following
after the word "enclosed": "except for normal
means of access and egress through doors or passageways."
As the proposed regulations are worded,
only a space which had no means of access or egress
would qualify as an enclosed area. The intent was to
differentiate an enclosed area from an area more
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
658 FINAL REGULATIONS
akin to a lobby or one only defined by a railing or a
partial partition.
Agency Response: Based on this comment, Section
99.107.3, the definition of "Enclosed Indoor Area" was
amended for clarity purposes.
• Section 99.107.5, the definition of "Private Social
Function" should be reworded as follows: "means a
function to which the public is neither invited or generally
permitted access and which is held in a separate
enclosed indoor area." The reason for the
change is to make it clear that it is the private nature
of the function and not the non-public nature of the
enclosed area that is determinative. Many private
functions are held in hotel meeting rooms and ballrooms,
which are areas to which the public is invited,
although not at the time of the particular private
function. It is also important that the regulations
recognize that there are cases where the public may
come briefly into a private function without being an
invitee. This happens in hotels when a prospective
user of a space may be shown the space discreetly
even while another client's function is underway.
The prospective user is certainly not an invitee, but
this kind of routine and brief introduction of the
public should not cause the function to lose its status
as a "private social function", thus the suggested
wording "generally permitted".
Agency Response: Based on this comment, Section
99.107.5, the definition of "Private Social Function" was
amended for clarity purposes.
• Section 99.201A: The definitions of the scope of the
prohibition go beyond the provisions of the statute.
SB 99 provides in Section 7 that §2903, Chapter 29,
Title 16, Delaware Code now reads as follows: " . .
.smoking shall not be permitted and no person shall
smoke in any indoor enclosed area to which the general
public is invited or in which the general public is
permitted (emphasis supplied)." The proposed regulations
broaden this clear definition and substitute a
vague and ambiguous standard of "open to the public
or generally accessible to the public." The proposed
regulations should be amended to use the
language of the statute.
Agency Response: Based on this comment, Section
99.201A, has been amended to match the statutory language
used in the Act.
• In regards to Section 99. 202 ad Section 99.5, generally:
The practical problem of enforcement in a hotel
setting will arise as a result of guests who ignore prohibitions
on smoking in non-smoking sleeping rooms.
Most hotel rooms are already non-smoking and usually
have signage to that effect on the door and/or on
the desk or dresser, as well as not having ashtrays in
the room. When checking in, guests are told that the
room they have been assigned is a non-smoking
room. Despite all this, guests who want to smoke will
and do in whatever room they're in, regardless of
signs, etc. However, hotels are private and catering
to guests is our lifeblood. We do not want to be in the
position of having to have hotel employees intrude
and police private conduct in our non-smoking
rooms. In order to avoid problems of interpretation
regarding what "permit" or "authorize" means
under Section 99.202 in these hotel sleeping room
cases, we recommend that language be added to
make it clear that a hotel and its employees meets its
obligations not to permit or authorize smoking in its
non-smoking sleeping rooms by posting the signs
required by Section 99.401. I suggest that Section
99.401 be amended to add the following language: "
A hotel or other lodging facility that posts the signs
required by this Section at non-smoking guest sleeping
rooms and advises guests upon check-in that
such rooms are non-smoking shall be deemed to have
complied with Section 99.202 with respect to such
rooms."
Agency Response: As a point of clarification, Section
99.401 of the regulations calls for signs that read "Warning:
Smoking Permitted" at or in the rooms of a hotel where
smoking is permitted. While we recognize it is in the best
interest of the hotel and its guests to clearly identify nonsmoking
rooms by signage and notifying guests upon checkin,
these actions in and of themselves may not be satisfactory
in all situations. For example, if a guest in a non-smoking
room, next to a another non-smoking room in which the
occupant is smoking complains to the front desk, it would be
reasonable to expect hotel management to contact the
occupant smoking in a non-smoking room and advise them
of the law and not to smoke. Not only would this be a
reasonable and an appropriate action on the hotel’s part, it
would protect non-smokers from the effects of second-hand
smoke and be in the best interest of the hotel. While hotel
management is not expected to disrupt their guest’s privacy,
they are expected to take reasonable actions to not permit
smoking in prohibited areas according to the CIAA.
There were general comments against the law and how
it takes away smokers' rights and freedom. There were also
comments about facility owners who have spent significant
amount of money on air cleaners specifically to reduce
smoke in their facility. Others insisted the law would also
hurt business by deterring smokers from frequenting non-
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 659
smoking establishments. Some asked, why weren't other
model laws followed like Massachusetts, which says the
townships decide whether you smoke or don't smoke in
establishments. In Maryland, you can smoke in the bars but
not in the restaurant proper. There were also comments
refuting published statistical data available on smoking
related deaths and second-hand smoke deaths.
There were general comments for the law, how it will
protect the public's health from the damaging effects of
second-hand smoke. Others said the law is good for
businesses, because more people would be apt to frequent
establishments that are smoke-free. Some in favor of the law
said in a year or two, non-smoking in public places will be
the social norm and that education and awareness is the key
to successful implementation of this law.
Minor amendments were made to the proposed
regulations based on public comment; these amendments are
not substantive in nature. Additionally, some grammatical
amendments were made to the proposed regulations.
The public comment period was open from September
1, 2002 to October 1, 2002.
Verifying documents are attached to the Hearing
Officer’s record. These regulation have been approved by
the Delaware Attorney General’s office and the Cabinet
Secretary of DHSS.
State Of Delaware
Clean Indoor Air Act Regulations
Section 99.1 GENERAL PROVISIONS
99.101 Preamble
These Regulations are adopted in accordance with
authority vested in the Secretary, Department of Health and
Social Services, by 16 Delaware Code Chapter 29 §2906(b).
These Regulations establish standards for the enforcement of
the Clean Indoor Air Act as it relates to most indoor enclosed
areas to which the general public is invited or in which the
general public is permitted. Regulations establishing
standards for the enforcement of the Clean Indoor Air Act
affecting employers, employees and the workplace are
adopted by the Department of Labor.
99.102 Purpose
These regulations shall be construed and applied to
protect the nonsmoker from involuntary exposure to
environmental tobacco smoke in most enclosed indoor areas
to which the public is invited or in which the general public
is permitted. The purpose of the Clean Indoor Air Act is to
preserve and improve the health, comfort and environment
of the people of this State by limiting exposure to tobacco
smoke.
99.103 Severability
In the event any particular clause or section of the
regulations should be declared invalid or unconstitutional by
any court of competent jurisdiction, the remaining portions
shall remain in full force and effect.
99.104 Date of Effect
These regulations shall be effective November 27, 2002
99.105 Inspections
The Secretary, DHSS, or authorized designee shall have
right of entry into any enclosed indoor area subject to 16
Delaware Code Chapter 29.
99.106 Waiver
The Department of Health and Social Services may
upon written request waive the provisions of these
Regulations if the Department determines there are
compelling reasons to do so, and such waiver will not
significantly affect the health and comfort of non-consumers
of tobacco products.
99.107 Definitions
The following words, terms, and phrases, when used in
these regulations, shall have the meaning ascribed to them in
this section, except where the context clearly indicates a
different meaning.
For the purposes of these Regulations:
99.107.1 "Department" means the Delaware Health
and Social Services (DHSS) as defined in Title 29, Section
7901. of the Delaware Code.
99.107.2 "Environmental tobacco smoke" (ETS), or
"secondhand smoke" is the complex mixture formed from
the escaping smoke of a burning tobacco product (termed as
sidestream smoke) and smoke exhaled by the smoker.
Exposure to ETS is also frequently referred to as "passive
smoking" or "involuntary smoking."
99.107.3 "Enclosed Indoor Area" means an indoor
area that is neither open nor partially enclosed [., except for
normal means of access and egress through doors or
passageways.]
99.107.4 "Fraternal Benefit Society" means any
incorporated society, order or supreme lodge, without capital
stock, including one exempted under the provisions of 18
Delaware Code 6237(a)(2) of this title, whether incorporated
or not, conducted solely for the benefit of its members and
their beneficiaries and not for profit, operated on a lodge
system with ritualistic form of work, having a representative
form of government and which provides benefits in
accordance with this chapter, is hereby declared to be a
fraternal benefit society.
99.107.5 "Private social function" means a function
[to which the public is neither invited or generally
permitted access and which is] held in separate indoor
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
660 FINAL REGULATIONS
enclosed indoor area [to which the public is neither invited
nor permitted access.]
99.107.6 "Public transportation of children" means
transportation which involves the transportation of children
by a vehicle under the control of a daycare, school or other
organizations.
99.107.7 "Secretary" means the Administrator of
the Delaware Department of Health and Social Services
(DHSS) of the State of Delaware, who shall hereafter in this
document be referred to as: Secretary; The Secretary; or,
Secretary, DHSS.
99.107.8 "Smoking" means the burning of a lighted
cigarette, cigar, pipe or any other matter or substance that
contains tobacco.
99.107.9 "Volunteer fire company" means a fire,
ambulance, or rescue company recognized as such by the
Delaware State Fire Prevention Commission.
99.2 SMOKING PROHIBITIONS
99.201 Except as is provided in 99.301 of these
regulations, and in order to reduce the levels of exposure to
environmental tobacco smoke, smoking shall not be
permitted and no person shall smoke in any of the following
areas:
A. Any enclosed indoor area [open to the public or
portion thereof generally accessible to the public to
which the general public is invited or in which the
general public is permitted.]
B. Government owned and/or operated means of mass
transportation including buses, vans, trains, taxicabs and
limousines[.]
C. Any private vehicle used for the public
transportation of children or as part of health care or day care
transportation.
D. In private homes or private residences when such
homes or residences are being used for child care or day
care[.]
99.202 No owner of any indoor enclosed area subject to 16
Delaware Code Chapter 29 and/or person(s) responsible for
the management of such area or employee thereof, shall
permit or authorize smoking by any person(s) in areas not
designated specifically for the smoking of tobacco products
as permitted by Section 99.301.
99.3 SMOKING PROHIBITIONS INAPPLICABLE
99.301 Smoking prohibitions shall not apply in the
following:
A. Private homes, private residences and private
automobiles,
B. Any indoor area where private social functions are
being held when seating arrangements are under the control
of the sponsor of the function and not the owner, operator,
manager or person in charge of such indoor area;
C. Limousines under private hire
D. A hotel or motel room rented to 1 or more guests
provided that the total percentage of such hotel or motel
rooms does not exceed twenty-five percent (25%).
E. Any fund raising activity or function sponsored by
a volunteer fire company, auxiliary of a fire company, or a
volunteer ambulance or volunteer rescue company;
provided, however, that the fund raising activity or function
takes place upon property owned or leased by the volunteer
fire, rescue or ambulance company.
F. Any fund raising activity or function sponsored by
a fraternal benefit society as defined by 18 Delaware Code
§6201; provided, however, that the fund raising activity or
function takes place upon property owned or leased by said
organization.
99.4 POSTING OF SIGNS
99.401 Failure to Properly Post and Maintain Signs
Owners, operators, managers or other person(s) having
control of enclosed indoor areas subject to the regulations of
16 Delaware Code Chapter 29 shall post signs which
indicate "Warning: Smoking Permitted" prominently to
indicate those locations where smoking is permitted pursuant
to Regulation 99.301. Failure to prominently post properly
maintained signs with letters at least one (1) inch in height
and in accord with the CLEAN INDOOR AIR ACT shall be
a violation subject to administrative penalties as set forth in
Regulation 99.50[2 1] of the Clean Indoor Air Act
Regulations.
99.5 COMPLIANCE AND ENFORCEMENT
PROCEDURES
99.501 Administrative Penalties
Whoever violates any provision of these regulations
shall be subject to an administrative penalty of $100.00 for
the first violation and not less then $250.00 for each
subsequent violation.
99.502 Right to Administrative Hearing
Upon due notice that the Department intends to assess
an administrative penalty, as indicated in 99.501, the entity
may submit to the Division, within thirty (30) days of the
date of such notice of intent, a written request for an
administrative hearing.
99.503 Orders of the Department
Whoever refuses, fails or neglects to perform the duties
required under these regulations or violates, neglects or fails
to comply with the duly adopted regulations or orders of the
Dept. of Health and Social Services, shall be fined not less
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 661
than $100.00 and not more than $1,000.00, together with
cost, unless otherwise provided by law.
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
Statutory Authority: 7 Delaware Code, Chapter 60
(7 Del. C. Ch. 60)
Secretary’s Order No.: 2002-A-0053
RE:Reporting Requirements Under
7 Del. C. §6028
Date of Issuance: September 19, 2002
Effective Date of the Amendment: November 11, 2002
I. Background:
A public hearing was held on June 27, 2002, to receive
comment on proposed revisions to a regulation enacted
under 7 Del. C. §6028 entitled "Reporting of a Discharge of
a Pollutant or Air Contaminant". In preparation for the
hearing, AQM conducted a stakeholder meeting on October
11, 2001, followed by workshops on December 4 and
December 6, 2001. These revisions are intended to update
the list of substances and reportable quantities, to clarify
reporting requirements (including those arising under recent
statutory amendments), and to establish a mandatory followup
written report for all reportable releases. Proper notice of
the hearing was provided as required by law.
After the hearing, the Department performed an evaluation
of the evidence entered into the record in this matter.
Thereafter, the Hearing Officer prepared his report and
recommendation in the form of a Hearing Officer’s Report to
the Secretary dated September 18, 2002, and that
memorandum is expressly incorporated herein by reference.
II. Findings & Recommendations:
All of the findings and conclusions contained in the
Hearing Officer’s Report dated September 18, 2002 are
expressly incorporated herein and explicitly adopted as the
findings and conclusions of the Secretary.
III. Order:
In view of the above, I hereby order that the proposed
revisions to the regulation enacted under 7 Del. C. §6028
entitled "Reporting of a Discharge of a Pollutant or Air
Contaminant" be promulgated and implemented in the
manner and form provided for by law, as recommended in
the Hearing Officer’s Report.
IV. Reasons:
The Department has provided an accurate summary and
reasoned analysis of all relevant comments, together with a
rational proposed course of action based on the record
developed in this matter. Additionally, this rulemaking will
further the policies and purposes of 7 Del.C. Ch. 60 by
expanding the scope of potentially harmful substances and
establishing reasonable reporting requirements to safeguard
the public health and environment, while taking into account
industry concerns.
Nicholas A. DiPasquale, Secretary
Amendment to Reporting of a Discharge of a Pollutant or
an Air Contaminant
Section 1 General Provisions
1.1 The purpose of this Regulation is to describe the
requirements to for reporting the discharge of a pollutant or
an air contaminant as mandated in 7 Del. C., Section 6028.
1.2 Information obtained through the provisions of this
Regulation shall be made available for public inspection at
any Department office in accordance with 29 Del.C.,
Chapter 100 and Department of Natural Resources and
Environmental Control (Department) Freedom of
Information Act (FOIA) regulations except where such
information is of confidential nature as defined in 7 Del. C.,
Section 6014.
1.3 The list of chemicals and substances subject to the
reporting requirements of this Regulation and the associated
Delaware Reportable Quantity (DRQ) for each chemical and
substance is contained in Section 3. The Department may,
after providing proper public notice and an opportunity for
public hearing, add or delete chemicals or substances or
change the DRQ of any chemical or substance. for the listed
chemicals.
1.4 The reporting requirements under this Section
Regulation are in addition to and not in lieu of, any other
discharge reporting requirement found in any other state,
federal, county or local government statutes, permits,
regulations or ordinances. , such as the provisions found in
the "Delaware Regulations Governing Hazardous Waste" at
Sections 264.56 and 265.56.
1.5 [Reserved] Emissions normally reported on Excess
Emission Reports (EER's) when required by state or federal
permits or regulations are exempt from the requirements of
this regulation
1.6 Continuous discharges are exempt from the
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662 FINAL REGULATIONS
requirements of this regulation.
1.7 1.6 Definitions
A. "Continuous Discharge" a discharge that
occurs without interruption or abatement or that is routine,
anticipated and intermittent during normal operations or
treatment processes. Episodic discharges such as those
associated with accidents, equipment malfunctions,
emergency shutdowns, or pipe ruptures, however, are not
routine or regular and do not come within the definition of
continuous.
"Delaware Reportable Quantity" (DRQ) –
means the reportable quantity of chemicals, compounds,
substances or mixtures listed in Section 3 of this regulation
notwithstanding any reporting requirements by other state,
federal, county or local government statutes, regulations or
ordinances. To be reportable, the DRQ is based on the total
quantity discharged over a rolling 24 hour period.
B. "Discharge" means any spilling, leaking,
pumping, pouring, emitting, emptying, releasing, injecting,
escaping, leaching, dumping, or disposing into the
environment of any chemical or substance listed in Section 3
but excludes emissions from the engine exhaust of a motor
vehicle, rolling stock, aircraft, waterborne vessel or pipeline
pumping station engine. Discharge includes any
environmental release. To be reportable, a discharge/DRQ is
based on any 24hour period.
C. "Environmental Emergency Notification
and Complaint Number" – means the 24hour DNREC
telephone number(s) used for reporting the discharge of a
pollutant or an air contaminant.
D. "Environmental Release" – means any
spillage, leakage, emission, discharge, or delivery into the air
or waters or on or into the lands of this State, of any sewage
of 10,000 gallons or more, oil, industrial waste, liquid waste,
hydrocarbon chemical, hazardous substance, hazardous
waste, restricted chemical material, vessel discharge, air
contaminant, pollutant, regulated biological substance or
other wastes reportable pursuant to the Comprehensive
Environmental Response, Compensation and Liability Act
of 1980 as amended, or this Regulation.
E. "Extremely Hazardous Substance" – means
substances listed in 40 CFR Part 355 Appendices A and B as
amended May 7, 1996.
F. "Heating oil" means petroleum that is of one
of nine technical grades. These are: No. 1; No.2; No.4light;
No.4heavy; No.5light; No.5heavy; No.6 technical grade of
fuel oil; other residual fuel oils (including Navy Special Fuel
Oil and Bunker C); and other fuels used as substitutes for
one of these fuels such as kerosene or diesel when used for
heating purposes. Heating oil is typically used in the
operation of heating equipment, boilers, or furnaces.
G. "Medical Treatment" includes treatment
administered by a physician or by registered professional
personnel under the standing orders of a physician. Medical
treatment does not include first aid treatment even though
provided by a physician or registered professional personnel.
"Motor Fuel" means petroleum or petroleum
based substance that is motor gasoline, aviation gasoline, jet
fuel, No. 1 or No. 2 diesel fuel, or any grade of gasohol, and
is typically used in the operation of a motor engine.
H. "Petroleum Substance" - means oil of any
kind or in any form, including but not limited to petroleum,
fuel oil, heating oil, sludge, oil refuse, and oil mixed with
wastes other than dredged spoil. Vegetable based oils such
as soybean oil are not included.
I. "Sewage" - means water-carried human or
animal wastes from septic tanks, water closets, residences,
buildings, industrial establishments, or other places, together
with such ground water infiltration, subsurface water, and
mixtures of industrial wastes or other wastes as may be
present.
Section 2 Reporting Requirements
2.1 Applicability
A Unless otherwise stated in this Section, any
person who causes or contributes to an environmental
release or to the discharge of an air contaminant into the air
or a pollutant, including petroleum substances, into surface
water, groundwater or land, or disposal of solid waste in
excess of any DRQ specified under this Regulation, shall
report such discharge to the Department as soon as the
person has knowledge of said environmental release or
discharge while immediately upon discovery of said
discharge and after activating the appropriate emergency site
plan unless circumstances exist which make such a
notification impossible. A delay in notification shall not be
considered to be a violation of this Regulation when the act
of reporting may delay the mitigation of the discharge and/or
the protection of public health and the environment.
B. Discharge or disposal in compliance with a
validly issued state or federal permit(s) or in compliance
with other state and federal regulations is exempt from this
the reporting requirements of this Regulation.
C. An owner or operator responsible for a
transportation related discharge may meet the requirements
of this Regulation by providing the information indicated in
2.4 to the 911 operator and, if applicable, to the responding
Department representative at the scene. For the purposes of
this paragraph, a "transportation related discharge" means a
discharge during transportation when the stored chemical or
substance is moving under active shipping papers and has
not reached the ultimate consignee.
D. This Regulation does not apply to the proper
application of a pesticide product registered under the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et. seq. as amended August 3, 1996).
E. Any discharge that is continuous and stable in
quantity and rate under the definitions in 40 CFR 302.8 (b) is
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 663
exempt from reporting requirements of this regulation
except:
i. Initial notifications as required by 40 CFR
part 302.8 (d) and (e).
ii. "statistically significant increase" as
defined in 40 CFR 302.8(b),
iii. notification of a "new release" as defined
in 40 CFR 302.8(g) (1), or
iv. notification of a change in the normal
range of the release as required under 40 CFR 302.8(g) (2).
Telephone notification required by 40 CFR
302.8 to the State of Delaware State Emergency Response
Commission (SERC) shall be fulfilled by notifying the
Department. Written notification reports required by 40
CFR 302.8 and sent to the EPA regional office shall serve as
written notification to the State of Delaware SERC when
copied to the Department. (Reference: 40 CFR 302.8 as
promulgated on July 24, 1990).
2.2 Discharges of an air contaminant or pollutant
(including petroleum substances) that are wholly contained
within a building are exempt from the reporting
requirements of this Regulation Sections 2.1 and 2.3.
Should such a wholly contained discharge be discharged
outside the building at a later time for any reason, that
eventual discharge, when exceeding the DRQ, shall activate
these reporting requirements.
2.3 [Reserved] When an owner, operator or responsible
representative of a facility obtains knowledge that a
discharge of any listed or unlisted chemical in any quantity
results in injuries outside the workplace which require
medical treatment or result in death to anyone affected by the
discharge, the incident must be reported under 2.4 and if
required by the Department, under 2.5, and this notice shall
be made at the time this knowledge is obtained. This
provision does not apply if it takes longer than 7 days to
learn about the injury, but it does apply whenever the
knowledge of a death attributable to a discharge is obtained.
2.4 For the purpose of this regulation, notification of
any reportable incident under Sections 2.1 or 2.3 by a person
to the Department can be in person to Department staff or by
telephone communication to the Department's
Environmental Emergency Notification and Complaint
Number. The notification must containing the following
information which details the facts and circumstances of the
discharge to the extent known the maximum extent
practicable at the time of notice: and so long as no delay in
notice or emergency response results:
A. Facility name and/or location of the discharge.
B. Type of incident, e.g. discharge, fire,
explosion, associated with discharge and whether assistance
from outside emergency responders, e.g. 911, has been
requested.
C. The chemical or substance involved with the
incident of discharge including the Chemical Abstract
System (CAS) number for the chemical or of the
constituent chemicals when a mixture is discharged.
D. An indication of whether the chemical or
chemicals are an extremely hazardous substance. . as defined
under the SARA Section 302 (EHS) list or Table I of the
Delaware Regulation for the Management of Extremely
Hazardous Substances.
E. An estimate of the quantity of any such
chemical(s) or substance(s) or compound(s) that was
discharged into the environment.
F. The beginning time and the duration of the
discharge.
G. The medium or media, e.g. soil, groundwater,
surface water, air , etc., into which the discharge occurred.
H. Any known or anticipated acute or chronic
health risks associated with the emergency and, where
appropriate, advice regarding medical attention necessary
for exposed individuals.
I. Proper precautions to take as a result of the
discharge, including evacuation (unless such information is
readily available to the community emergency coordinator
pursuant to the emergency plan).
J. Name of the reporting person and a callback
phone number. The name(s) and telephone number(s) of the
person(s) to be contacted for further information.
K. An indication of whether or not this is a
complete report. Incomplete reports must be completed
when the information is available but in no case more than
24 hours later than the initial contact. Such other
information as the Department may require.
2.5 (A) Except for petroleum substances, sewage, or
infectious waste releases, as soon as practical but no later
than 30 days after a release of a DRQ of a listed substance,
such person, owner or operator shall provide a written
follow-up report to the Department updating the information
required under section 2.4 and including the following
additional information to the extent known:
Part I.
i. Actions taken to respond to and contain the
release in the form of a chronology,
ii. Any known or anticipated acute or chronic
health risks associated with the release, and
iii. Where appropriate, advice regarding medical
attention necessary for exposed individuals.
Part II.
iv. The facts and circumstances leading to the
environmental release including a detailed identification of
the pathway through which the discharge to the environment
occurred and potential environmental impacts,
v. Measures proposed to prevent such a discharge
from occurring in the future and to remedy the deficiencies,
if any, in the prevention, detection, response containment,
cleanup or removal plan components,
vi. Such other information which the Department
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
664 FINAL REGULATIONS
may require.
Except where Part II information is of
confidential nature as defined in 7 Del. C., § 6014, all written
information obtained through this subsection shall be made
available to Local Emergency Planning Committees
(LEPCs) and the public.
(B) The Department reserves the right to require a
written report for any environmental release, regardless of
the substance or quantity, if there is concern for public health
and safety or environmental welfare has been adversely
affected. At the Department’s discretion, the Department
may require said person to file a written follow-up report,
within 30 days or any shorter time as required by validly
issued state or federal permits or by any pertinent
regulations, setting forth all details contained in Sections 2.4
and 2.5.
The written report shall be in a format approved by
the Department and submitted to the appropriate addresses
for report submissions provided by the Department. The
Department may establish procedures for notification and
submission of written reports by computerized and
electronic methods, including but not limited to, the
submission of information through the internet.
If not already required SARA Section 304, and at the
Department's discretion, the Department may require said
person to file a written report, within 30 days or any shorter
time as required by validly issued state or federal permits or
by any other pertinent regulations, setting forth all details
contained in Section 2.4, updating as necessary, and
providing further information as detailed below:
A. Name, address and phone number of the owner or
operator.
B. Actions taken to respond to and contain the
discharge in the form of a chronology.
C. Any known or anticipated acute or chronic health
risks associated with the discharge.
D. Where appropriate, advice regarding medical
attention necessary for exposed individuals.
E. Anticipated environmental impact.
F. An evaluation of all pertinent prevention and
response plans and policies in light of the discharge and the
owner's or operator's response thereto.
G. detailed identification of the pathway through
which the discharge to the environment occurred with
drawings, if necessary, to clearly explain this path.
H. Measures proposed to prevent such a discharge
from occurring in the future and to remedy the shortcomings
in the prevention, detection, response containment, cleanup
or removal plan components.
Section 3 Chemicals, Compounds and Substances and
Mixtures and Associated Reportable Quantities.
3.1 The purpose of this Section is to detail those
chemicals, compounds, substances and mixtures applicable
to the reporting requirements of this Regulation and to
identify the DRQ at which reporting of the chemical
compound or substance release or discharge is required.
3.2 The list Table A attached to this Section contains all
chemicals and chemical categories and DRQ's that are
subject to these reporting requirements of this Regulation.
Notification of the discharge of a DRQ of solid particles of
antimony, arsenic, beryllium, cadmium, chromium, copper,
lead, nickel, selenium, silver, thallium, zinc or any other
solid substance on the DRQ list is not required if the mean
diameter of the particles discharged is larger than 100
micrometers (0.004 inches).
3.3 When any incident of discharge occurs involving
more than one (1) chemical or chemical category listed in
this Section, the DRQ for the total discharge shall be is the
lowest DRQ of any constituent of that total, unless the
mixture is known to the responsible person. In this case, the
word "known" means that a determination of constituent
levels may be is made either by direct testing or by
application calculation of the constituent level in light of the
materials or processes used to generate the mixture. For
incidents involving known mixtures of substances with a
DRQ, where the constituent levels have been determined, the
discharge is subject to these notification requirements only
when a component constituent substance of the mixture is
discharged in a quantity equal to or greater than its DRQ.
3.4 In all cases, discharges of infectious waste, as
defined in Title 7 Chapter 64 § 6402, of any quantity or of
any type occurring outside of a medical or health care
facility are subject to the notification requirements of
Section 2.4 of this regulation, including and the written
requirements of Section 2.5 (B).
3.5 In all cases, discharges of petroleum substances of
any quantity or of any type are subject to these notification
requirements unless the petroleum substance is contained in
such a manner as to prevent the immediate or eventual
discharge or leaking into surface water or groundwater, or is
confined to the location of the discharge on an impervious
surface. For discharges of petroleum substances that are
contained in such a manner as to prevent the immediate or
eventual discharge or leaking into surface water or
groundwater or are confined to the location of the discharge
on an impervious surface, the following shall apply:
A. Discharges of 25 gallons or more on land of
motor fuel, jet fuel, heating oil, used oil or used petroleum
substances must be reported.
B. Discharges of 150 gallons or more to land of
any other petroleum substance not listed above or not
uniquely identified on the Section 3 list, must be reported.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 665
Section 3 Table A
Delaware List Of Chemicals And Reportable Quantities
In Pounds In Alphabetical Order
CAS NAME DRQ
DE * Infectious waste ALL*
DE * Petroleum subs., other than heating oil,
motor fuel, used oil
150
gal.*
DE * Petroleum substances, heating oil, motor
fuel, used oil
25 gal.*
DE *10,000 gallons sewage 10,000
gal*.
71751412 DE Abamectin 100
83329 Acenaphthene 100
208968 Acenaphthylene 5000
30560191 DE Acephate 100
75070 Acetaldehyde 1000
75876 Acetaldehyde, trichloro- 5000
60355 Acetamide 100
64197 Acetic acid 5000
108247 Acetic anhydride 5000
67641 Acetone 5000
75865 Acetone cyanohydrin 10
1752303 Acetone thiosemicarbazide 1000
75058 Acetonitrile 5000
98862 Acetophenone 5000
53963 2-Acetylaminofluorene 1
506967 Acetyl bromide 5000
75365 Acetyl chloride 5000
74862 DE Acetylene 1000
591082 1-Acetyl-2-thiourea 1000
62476599 DE Acifluorfen, sodium salt 100
107028 Acrolein 1
79061 Acrylamide 5000
79107 Acrylic acid 5000
107131 Acrylonitrile 100
814686 Acrylyl chloride 100
124049 Adipic acid 5000
111693 Adiponitrile 1000
15972608 DE Alachlor 100
116063 Aldicarb 1
1646884 Aldicarb sulfone 1
309002 Aldrin 1
1116707 DE Alkylaluminums 500
28057489 DE d-trans-Allethrin 100
107119 Allylamine 50
107186 Allyl alcohol 100
107051 Allyl chloride 1000
7429905 DE Aluminum (fume or dust) 100
1344281 DE Aluminum oxide (fibrous forms) 100
20859738 Aluminum phosphide 100
10043013 Aluminum sulfate 5000
834128 DE Ametryn 100
117793 DE 2-Aminoanthraquinone 10
60093 DE 4-Aminoazobenzene 10
92671 4-Aminobiphenyl 1
82280 DE 1-Amino-2-methylanthraquinone 10
54626 Aminopterin 500
504245 4-Aminopyridine 1000
78535 Amiton 500
3734972 Amiton oxalate 100
33089611 DE Amitraz 100
61825 Amitrole 10
7664417 Ammonia 50
6484522 DE Ammonium nitrate 500
7790989 DE Ammonium perchlorate 500
13446101 DE Ammonium permaganate 500
631618 Ammonium acetate 5000
1863634 Ammonium benzoate 5000
1066337 Ammonium bicarbonate 5000
7789095 Ammonium bichromate 10
1341497 Ammonium bifluoride 100
10192300 Ammonium bisulfite 5000
1111780 Ammonium carbamate 5000
506876 Ammonium carbonate 5000
12125029 Ammonium chloride 5000
7788989 Ammonium chromate 10
3012655 Ammonium citrate, dibasic 5000
13826830 Ammonium fluoborate 5000
12125018 Ammonium fluoride 100
1336216 Ammonium hydroxide 1000
14258492 Ammonium oxalate 5000
6009707 Ammonium oxalate 5000
5972736 Ammonium oxalate 5000
131748 Ammonium picrate 10
16919190 Ammonium silicofluoride 1000
7773060 Ammonium sulfamate 5000
12135761 Ammonium sulfide 100
10196040 Ammonium sulfite 5000
3164292 Ammonium tartrate 5000
14307438 Ammonium tartrate 5000
1762954 Ammonium thiocyanate 5000
7783188 Ammonium thiosulfate 5000
7803556 Ammonium vanadate 1000
300629 Amphetamine 1000
628637 Amyl acetate 5000
123922 iso-Amyl acetate 5000
626380 sec-Amyl acetate 5000
625161 tert-Amyl acetate 5000
101053 DE Anilazine 100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
666 FINAL REGULATIONS
62533 Aniline 5000
88051 Aniline, 2,4,6-trimethyl- 500
90040 o-Anisidine 100
104949 DE p-Anisidine 100
134292 DE o-Anisidine hydrochloride 10
120127 Anthracene 5000
7440360 Antimony 5000
7647189 Antimony pentachloride 1000
7783702 Antimony pentafluoride 500
28300745 Antimony potassium tartrate 100
7789619 Antimony tribromide 1000
10025919 Antimony trichloride 1000
7783564 Antimony trifluoride 1000
1309644 Antimony trioxide 1000
1397940 Antimycin A 1000
86884 Antu 100
12674112 Aroclor 1016 1
11104282 Aroclor 1221 1
11141165 Aroclor 1232 1
53469219 Aroclor 1242 1
12672296 Aroclor 1248 1
11097691 Aroclor 1254 1
11096825 Aroclor 1260 1
7440382 Arsenic 1
7778394 Arsenic acid 1
1327522 Arsenic acid 1
1303328 Arsenic disulfide 1
1303282 Arsenic pentoxide 1
1327533 Arsenic trioxide 1
1303339 Arsenic trisulfide 1
7784341 Arsenous trichloride 1
7784421 Arsine 10
1332214 Asbestos (friable) 1
1912249 DE Atrazine 10
115026 Azaserine 1
2642719 Azinphos-ethyl 100
319857 beta-BHC 1
319868 delta-BHC 1
101279 DE Barban 1
7440393 Barium 100
542621 Barium cyanide 10
22781233 Bendiocarb 1
22961826 Bendiocarb phenol 1
1861401 Benfluralin 100
17804352 Benomyl 1
225514 Benz[c]acridine 100
98873 Benzal chloride 5000
55210 Benzamide 100
56553 Benz[a]anthracene 10
98168 Benzenamine, 3-(trifluoromethyl)­500
71432 Benzene 10
100141 Benzene, 1-(chloromethyl)-4-nitro500
510156 Benzeneacetic acid, 4-chloro-.alpha.-(4chlorophenyl)-.
alpha.-hydroxy-,ethyl ester
10
98055 Benzenearsonic acid 10
122098 Benzeneethanamine, alpha,alphadimethyl-
5000
98099 Benzenesulfonyl chloride 100
92875 Benzidine 1
3615212 Benzimidazole, 4,5-dichloro-2(
trifluoromethyl)­500
205823 DE Benzo(j)fluoranthene 10
207089 Benzo(k)fluoranthene 5000
205992 Benzo(b)fluoranthene 1
65850 Benzoic acid 5000
98077 Benzoic trichloride 10
205992 Benzol[b]fluoranthene 1
100470 Benzonitrile 5000
189559 Benzo(rst)pentaphene 10
191242 Benzo[ghi]perylene 5000
218019 Benzo(a)phenanthrene 100
50328 Benzo[a]pyrene 1
98884 Benzoyl chloride 1000
94360 DE Benzoyl peroxide 100
100447 Benzyl chloride 100
140294 Benzyl cyanide 500
7440417 Beryllium 10
7787475 Beryllium chloride 1
7787497 Beryllium fluoride 1
7787555 Beryllium nitrate 1
13597994 Beryllium nitrate 1
191242 Benzo(g,h,i)perylene 5000
15271417 Bicyclo[2.2.1]heptane-2-carbonitrile, 5chloro-
6-((((methylamino)
carbonyl)oxy)imino)-,(1-alpha,2-beta,4alpha,
5-alpha,6E))-
500
82657043 DE Bifenthrin 100
92524 Biphenyl 100
111911 Bis(2-chloroethoxy) methane 1000
111444 Bis(2-chloroethyl) ether 10
542881 Bis(chloromethyl) ether 10
534076 Bis(chloromethyl) ketone 10
108601 Bis(2-chloro-1-methylethyl)ether 1000
97745 DE Bis(dimethylthiocarbamoyl) sulfide 1
38661722 DE 1,3-Bis(methylisocyanate)cyclohexane 100
10347543 DE 1,4-Bis(methylisocyanate)cyclohexane 100
56359 DE Bis(tributyltin) oxide 100
4044659 Bitoscanate 500
10294345 Boron trichloride 500
7637072 Boron trifluoride 10
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 667
353424 Boron trifluoride compound with methyl
ether (1:1)
1000
314409 DE Bromacil 100
53404196 DE Bromacil, lithium salt 100
28772567 Bromadiolone 100
7726956 Bromine 100
13863417 Bromine chloride 100
7789382 Bromine pentafluoride 100
598312 Bromoacetone 1000
35691657 DE 1-Bromo-1-(bromomethyl)-1,3propanedicarbonitrile
100
353593 DE Bromochlorodifluoromethane 100
75252 Bromoform 100
74839 Bromomethane 1000
101553 4-Bromophenyl phenyl ether 100
106967 3-Bromopropyne 500
7787715 DE Bromotrifluoride 500
598732 Bromotrifluoroethylene 1000
75638 Bromotrifluoromethane 100
1689845 DE Bromoxynil 100
1689992 DE Bromoxynil octanoate 100
52517 DE Bronopol 100
357573 Brucine 100
106990 1,3-Butadiene 10
106978 DE Butane 1000
123739 2-Butenal, (e)- 100
25167673 DE Butene 1000
590181 DE 2-Butene-cis 1000
624646 DE 2-Butene-trans 1000
106989 DE 1-Butene 1000
107017 DE 2-Butene 1000
75912 DE tert-Butyl hydroperoxide 500
614459 DE tert-Butyl perbenzoate 500
107711 DE tert-Butyl peroxyacetate 500
927071 DE tert-Butyl peroxypivalate 1000
123864 Butyl acetate 5000
110190 iso-Butyl acetate 5000
105464 sec-Butyl acetate 5000
540885 tert-Butyl acetate 5000
141322 DE Butyl acrylate 100
71363 n-Butyl alcohol 5000
78922 DE sec-Butyl alcohol 100
75650 DE tert-Butyl alcohol 100
109739 Butylamine 1000
78819 iso-Butylamine 1000
513495 sec-Butylamine 1000
13952846 sec-Butylamine 1000
75649 tert-Butylamine 1000
2008415 DE Butylate 1
85687 Butyl benzyl phthalate 100
106887 DE 1,2-Butylene oxide 100
123728 DE Butyraldehyde 100
107926 Butyric acid 5000
79312 iso-Butyric acid 5000
75605 Cacodylic acid 1
7440439 Cadmium 10
543908 Cadmium acetate 10
7789426 Cadmium bromide 10
10108642 Cadmium chloride 10
1306190 Cadmium oxide 100
2223930 Cadmium stearate 1000
7778441 Calcium arsenate 1
52740166 Calcium arsenite 1
75207 Calcium carbide 10
13765190 Calcium chromate 10
156627 Calcium cyanamide 1000
592018 Calcium cyanide 10
26264062 Calcium dodecylbenzenesulfonate 1000
7778543 Calcium hypochlorite 10
56257 Cantharidin 100
105602 DE Caprolactam 5000
133062 Captan 10
51832 Carbachol chloride 500
26419738 Carbamic acid, methyl-, O-(((2,4-dimethyl1,3-
dithiolan-2-yl) methylene)amino)­1
136301 DE Carbamodithioic acid, dibutyl-, sodium salt 1
148185 DE Carbamodithioic acid, diethyl-, sodium salt 1
1929777 DE Carbamothioic acid, dipropyl-, S-propyl
ester
1
52888809 Carbamothioic acid, dipropyl-, S(
phenylmethyl) ester
1
63252 Carbaryl 100
10605217 Carbendazim 1
1563662 Carbofuran 10
1563388 DE Carbofuran phenol 1
75150 Carbon disulfide 100
353584 Carbon fluoride 100
630080 DE Carbon monoxide 1000
353504 Carbonic difluoride 1000
109615 Carbonochloridic acid, propylester 500
56235 Carbon tetrachloride 10
463581 Carbonyl sulfide 100
786196 Carbophenothion 500
55285148 Carbosulfan 1
5234684 DE Carboxin 100
120809 Catechol 100
9004700 DE Cellulose nitrate 500
2439012 DE Chinomethionat 100
133904 Chloramben 100
305033 Chlorambucil 10
57749 Chlordane 1
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
668 FINAL REGULATIONS
115286 DE Chlorendic acid 10
470906 Chlorfenvinfos 500
90982324 Chlorimuron ethyl 100
0 DE Chlorinated Benzenes 5000
0 DE Chlorinated Naphthalene 5000
0 DE Chlorinated Phenol 100
7782505 Chlorine 10
10049044 Chlorine dioxide 100
7791211 DE Chlorine monoxide 100
13637633 Chlorine pentafluoride 1
7790912 Chlorine trifluoride 100
24934916 Chlormephos 500
999815 Chlormequat chloride 100
494031 Chlornaphazine 100
97007 DE 1-Chloro-2,4-Dinitrobenzene 500
59507 p-Chloro-m-cresol 5000
107200 Chloroacetaldehyde 1000
79118 Chloroacetic acid 100
532274 2-Chloroacetophenone 100
0 DE Chloroalkyl ethers 1
4080313 DE 1-(3-Chloroallyl)-3,5,7-triaza-1-
azoniaadamantane chloride
100
106478 p-Chloroaniline 1000
108907 Chlorobenzene 100
124481 Chlorodibromomethane 100
96106 DE Chlorodiethylaluminum 500
75683 DE 1-Chloro-1,1-difluoroethane 100
75456 DE Chlorodifluoromethane 100
75003 Chloroethane 1000
107073 Chloroethanol 500
627112 Chloroethyl chloroformate 1000
110758 2-Chloroethyl vinyl ether 1000
67663 Chloroform 10
74873 Chloromethane 100
107302 Chloromethyl methyl ether 10
563473 DE 3-Chloro-2-methyl-1-propene 10
91587 2-Chloronaphthalene 5000
3691358 Chlorophacinone 100
95578 2-Chlorophenol 100
104121 DE p-Chlorophenyl isocyanate 100
7005723 4-Chlorophenyl phenyl ether 5000
76062 Chloropicrin 10
126998 DE Chloroprene 100
542767 3-Chloropropionitrile 1000
590216 DE 1-Chloropropylene 1000
557982 DE 2-Chloropropylene 2000
7790945 Chlorosulfonic acid 1000
63938103 DE Chlorotetrafluoroethane 100
354256 DE 1-Chloro-1,1,2,2-tetrafluoroethane 100
2837890 DE 2-Chloro-1,1,1,2-tetrafluoroethane 100
1897456 DE Chlorothalonil 100
95692 DE p-Chloro-o-toluidine 10
3165933 4-Chloro-o-toluidine, hydrochloride 100
75887 DE 2-Chloro-1,1,1-trifluoroethane 100
75729 Chlorotrifluoromethane 100
460355 DE 3-Chloro-1,1,1-trifluoropropane 100
1982474 Chloroxuron 500
2921882 Chlorpyrifos 1
5598130 DE Chlorpyrifos methyl 100
64902723 DE Chlorsulfuron 100
1066304 Chromic acetate 1000
11115745 Chromic acid 10
7738945 Chromic acid 10
10025737 Chromic chloride 1
10101538 Chromic sulfate 1000
7440473 Chromium 5000
10049055 Chromous chloride 1000
4680788 DE C.I. Acid Green 3 100
6459945 DE C.I. Acid Red 114 10
569642 DE C.I. Basic Green 4 100
989388 DE C.I. Basic Red 1 100
1937377 DE C.I. Direct Black 38 10
28407376 DE C.I. Direct Blue 218 100
2602462 DE C.I. Direct Blue 6 10
16071866 DE C.I. Direct Brown 95 10
2832408 DE C.I. Disperse Yellow 3 100
3761533 DE C.I. Food Red 5 10
81889 DE C.I. Food Red 15 100
3118976 DE C.I. Solvent Orange 7 100
97563 DE C.I. Solvent Yellow 3 100
842079 DE C.I. Solvent Yellow 14 100
492808 DE C.I. Solvent Yellow 34 100
128665 DE C.I. Vat Yellow 4 100
7440484 DE Cobalt 10
10210681 Cobalt carbonyl 10
62207765 Cobalt, ((2,2'-(1,2ethanediybis(
nitrilomethylidyne))bis
(6-fluorophenylato))(2-)-N,N',O,O')­100
7789437 Cobaltous bromide 1000
544183 Cobaltous formate 1000
14017415 Cobaltous sulfamate 1000
0 Coke Oven Emmissions 1
64868 Colchicine 10
7440508 Copper 5000
544923 Copper cyanide 10
137291 DE Copper, bis(dimethylcarbamodithioato-
S,S')­1
56724 Coumaphos 10
5836293 Coumatetralyl 500
8001589 Creosote 1
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 669
120718 DE p-Cresidine 10
108394 m-Cresol 100
95487 o-Cresol 100
106445 p-Cresol 1000
1319773 Cresol (isomers and mixture) 100
535897 Crimidine 100
4170303 Crotonaldehyde 100
98828 Cumene 5000
80159 Cumene hydroperoxide 10
135206 DE Cupferron 10
142712 Cupric acetate 100
12002038 Cupric acetoarsenite 1
7447394 Cupric chloride 10
3251238 Cupric nitrate 100
5893663 Cupric oxalate 100
7758987 Cupric sulfate 10
10380297 Cupric sulfate, ammoniated 100
815827 Cupric tartrate 100
21725462 DE Cyanazine 100
57125 Cyanides (soluble salts and complexes)
not otherwise specified
10
460195 Cyanogen 100
506683 Cyanogen bromide 1000
506774 Cyanogen chloride 10
506785 Cyanogen iodide 1000
2636262 Cyanophos 1000
675149 Cyanuric fluoride 1
1134232 DE Cycloate 1
110827 Cyclohexane 1000
2556367 DE 1,4-Cyclohexane diisocyanate 100
108930 DE Cyclohexanol 100
108941 Cyclohexanone 5000
66819 Cycloheximide 100
108918 Cyclohexylamine 10000
131895 2-Cyclohexyl-4,6-dinitrophenol 100
50180 Cyclophosphamide 10
75194 DE Cyclopropane 1000
68359375 DE Cyfluthrin 100
68085858 DE Cyhalothrin 100
94757 2,4-D Acid 100
1929733 2,4-D Esters 100
1928387 2,4-D Esters 100
25168267 2,4-D Esters 100
53467111 2,4-D Esters 100
1928616 2,4-D Esters 100
2971382 2,4-D Esters 100
94804 2,4-D Esters 100
94791 2,4-D Esters 100
1320189 2,4-D Esters 100
94111 2,4-D Ester 100
20830813 Daunomycin 10
533744 DE Dazomet 1
53404607 DE Dazomet, sodium salt 100
94826 DE 2,4-DB 100
72548 DDD 1
72559 DDE 1
3547044 DDE 5000
50293 DDT 1
17702419 Decaborane(14) 500
1163195 DE Decabromodiphenyl oxide 100
8065483 Demeton 500
919868 Demeton-S-methyl 500
13684565 Desmedipham 100
1928434 DE 2,4-D 2-ethylhexyl ester 10
53404378 DE 2,4-D 2-ethyl-4-methylpentyl ester 10
110225 DE Diacetyl peroxide (55% solution) 500
10311849 Dialifor 100
2303164 Diallate 100
615054 DE 2,4-Diaminoanisole 10
39156417 DE 2,4-Diaminoanisole sulfate 10
101804 4,4'-Diaminodiphenyl ether 10
496720 Diaminotoluene 10
823405 Diaminotoluene 10
95807 2,4-Diaminotoluene 10
25376458 Diaminotoluene (mixed isomers) 10
333415 Diazinon 1
334883 Diazomethane 100
226368 DE Dibenz(a,h)acridine 10
224420 Dibenz(a,j)acridine 10
53703 Dibenz[a,h]anthracene 1
194592 DE 7H-Dibenzo(c,g)carbazole 10
5385751 DE Dibenzo(a,e)fluoranthene 100
132649 Dibenzofuran 100
192654 DE Dibenzo(a,e)pyrene 10
189640 Dibenzo(a,h)pyrene 10
191300 DE Dibenzo(a,l)pyrene 10
94360 DE Dibenzoyl peroxide 500
19287457 Diborane 10
96128 1,2-Dibromo-3-chloropropane 1
10222012 DE 2,2-Dibromo-3-nitrilopropionamide 100
124732 DE Dibromotetrafluoroethane 100
110054 tert-Dibutyl peroxide 500
84742 Dibutyl phthalate 10
1918009 Dicamba 1000
1194656 Dichlobenil 100
117806 Dichlone 1
99309 DE Dichloran 100
7572294 Dichloroacetylene 10
95501 1,2-Dichlorobenzene 100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
670 FINAL REGULATIONS
541731 1,3-Dichlorobenzene 100
106467 1,4-Dichlorobenzene 100
25321226 Dichlorobenzene (mixed isomers) 100
91941 3,3'-Dichlorobenzidine 1
612839 DE 3,3'-Dichlorobenzidine dihydrochloride 10
64969342 DE 3,3'-Dichlorobenzidine sulfate 10
75274 Dichlorobromomethane 5000
110576 trans-1,4-Dichlorobutene 500
764410 1,4-Dichloro-2-butene 1
1649087 DE 1,2-Dichloro-1,1-difluoroethane 100
75718 Dichlorodifluoromethane 5000
156605 1,2-Dichloroethylene 1000
540590 DE 1,2-Dichloroethylene 100
1717006 DE 1,1-Dichloro-1-fluoroethane 100
75434 Dichlorofluoromethane 100
75092 Dichloromethane 1000
149746 Dichloromethylphenylsilane 1000
12756492
5
DE Dichloropentafluoropropane 100
12890321
9
DE 2,2-Dichloro-1,1,1,3,3-pentafluoropropane 100
422480 DE 2,3-Dichloro-1,1,1,2,3-pentafluoropropane 100
422446 DE 1,2-Dichloro-1,1,2,3,3-pentafluoropropane 100
422560 DE 3,3-Dichloro-1,1,1,2,2-pentafluoropropane 100
507551 DE 1,3-Dichloro-1,1,2,2,3-pentafluoropropane 100
13474889 DE 1,1-Dichloro-1,2,2,3,3-pentafluoropropane 100
431867 DE 1,2-Dichloro-1,1,3,3,3-pentafluoropropane 100
13601379
1
DE 1,3-Dichloro-1,1,2,3,3-pentafluoropropane 100
11151256
2
DE 1,1-Dichloro-1,2,3,3,3-pentafluoropropane 100
97234 DE Dichlorophene 100
120832 2,4-Dichlorophenol 100
87650 2,6-Dichlorophenol 100
696286 Dichlorophenylarsine 1
26638197 Dichloropropane 1000
8003198 Dichloropropane - Dichloropropene
(mixture)
100
78999 1,1-Dichloropropane 1000
78875 1,2-Dichloropropane 1000
142289 1,3-Dichloropropane 5000
26952238 Dichloropropene 100
10061026 DE trans-1,3-Dichloropropene 10
78886 2,3-Dichloropropene 100
75990 2,2-Dichloropropionic acid 5000
542756 1,3-Dichloropropylene 100
4109960 DE Dichlorosilane 100
76142 DE Dichlorotetrafluoroethane 100
90454185 DE Dichloro-1,1,2-trifluoroethane 100
34077877 DE Dichlorotrifluoroethane 100
812044 DE 1,1-Dichloro-1,2,2-trifluoroethane 100
354234 DE 1,2-Dichloro-1,1,2-trifluoroethane 100
306832 DE 2,2-Dichloro-1,1,1-trifluoroethane 100
62737 Dichlorvos 10
51338273 DE Diclofop methyl 100
115322 Dicofol 10
141662 Dicrotophos 100
77736 Dicyclopentadiene 100
60571 Dieldrin 1
1464535 Diepoxybutane 10
111422 Diethanolamine 100
38727558 DE Diethatyl ethyl 100
109897 Diethylamine 100
91667 N,N-Diethylaniline 1000
692422 Diethylarsine 1
814493 Diethyl chlorophosphate 500
13419037
7
DE Diethyldiisocyanatobenzene 100
117817 Di(2-ethylhexyl) phthalate 100
3288582 O,O-Diethyl S-methyl dithiophosphate 5000
311455 Diethyl-p-nitrophenyl phosphate 100
84662 Diethyl phthalate 1000
56531 Diethylstilbestrol 1
64675 Diethyl sulfate 10
557200 DE Diethylzinc 1000
35367385 DE Diflubenzuron 100
75376 DE Difluoroethane 1000
71636 Digitoxin 100
2238075 Diglycidyl ether 1000
101906 Diglycidyl resorcinol ether 10
20830755 Digoxin 10
94586 Dihydrosafrole 10
4128738 DE 4,4'-Diisocyanatodiphenyl ether 100
75790873 DE 2,4'-Diisocyanatodiphenyl sulfide 100
105646 DE Diisopropyl peroxydicarbonate 500
55914 Diisopropylfluorophosphate 100
105748 DE Diluaroyl peroxide 500
115264 Dimefox 500
55290647 DE Dimethipin 100
60515 Dimethoate 10
119904 3,3'-Dimethoxybenzidine 100
20325400 DE 3,3'-Dimethoxybenzidine dihydrochloride 10
91930 DE 3,3'-Dimethoxybenzidine-4,4'-diisocyanate 100
11198409
9
DE 3,3'-Dimethoxybenzidine hydrochloride 10
75183 Dimethyl sulfide 1
124403 Dimethylamine 1000
2300665 DE Dimethylamine dicamba 100
60117 4-Dimethylaminoazobenzene 10
121697 N,N-Dimethylaniline 100
57976 7,12-Dimethylbenz[a]anthracene 1
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 671
119937 3,3'-Dimethylbenzidine 10
612828 DE 3,3'-Dimethylbenzidine dihydrochloride 10
41766750 DE 3,3'-Dimethylbenzidine dihydrofluoride 10
79447 Dimethylcarbamyl chloride 1
2524030 Dimethyl chlorothiophosphate 500
75785 Dimethyldichlorosilane 500
91974 DE 3,3'-Dimethyl-4,4'-diphenylene
diisocyanate
100
139253 DE 3,3'-Dimethyldiphenylmethane-4,4'-
diisocyanate
100
68122 N,N-Dimethylformamide 100
57147 1,1-Dimethyl hydrazine 10
105679 2,4-Dimethylphenol 100
576261 2,6-Dimethylphenol 100
99989 Dimethyl-p-phenylenediamine 10
131113 Dimethyl phthalate 5000
463821 DE 2,2-Dimethylpropane 1000
77781 Dimethyl sulfate 100
644644 Dimetilan 1
602017 DE 2,3-Dinitroaniline 500
97029 DE 2,4-Dinitroaniline 500
25154545 Dinitrobenzene (mixed isomers) 100
99650 m-Dinitrobenzene 100
528290 o-Dinitrobenzene 100
100254 p-Dinitrobenzene 100
88857 Dinitrobutyl phenol 1000
534521 4,6-Dinitro-o-cresol 10
25550587 Dinitrophenol 10
51285 2,4-Dinitrophenol 10
329715 2,5-Dinitrophenol 10
573568 2,6-Dinitrophenol 10
619158 DE 2,5-Dinitrotoluene 500
618858 DE 3,5-Dinitrotoluene 500
25321146 Dinitrotoluene (mixed isomers) 10
121142 2,4-Dinitrotoluene 10
606202 2,6-Dinitrotoluene 100
610399 3,4-Dinitrotoluene 10
39300453 DE Dinocap 100
1420071 Dinoterb 500
117840 n-Dioctylphthalate 5000
123911 1,4-Dioxane 100
78342 Dioxathion 500
82666 Diphacinone 10
957517 DE Diphenamid 100
122394 DE Diphenylamine 100
122667 1,2-Diphenylhydrazine 10
152169 Diphosphoramide, octamethyl- 100
2164070 DE Dipotassium endothall 100
142847 Dipropylamine 5000
136458 DE Dipropyl isocinchomeronate 100
85007 Diquat 1000
2764729 Diquat 1000
138932 DE Disodium cyanodithioimidocarbonate 100
97778 DE Disulfiram 1
298044 Disulfoton 1
514738 Dithiazanine iodide 500
541537 2,4-Dithiobiuret 100
330541 Diuron 100
27176870 Dodecylbenzenesulfonic acid 1000
2439103 DE Dodine 100
120365 DE 2,4-DP 10
2702729 DE 2,4-D sodium salt 10
316427 Emetine, dihydrochloride 1
959988 alpha - Endosulfan 1
33213659 beta - Endosulfan 1
115297 Endosulfan 1
1031078 Endosulfan sulfate 1
145733 Endothall 1000
2778043 Endothion 500
72208 Endrin 1
7421934 Endrin aldehyde 1
106898 Epichlorohydrin 100
51434 Epinephrine 1000
2104645 EPN 100
50146 Ergocalciferol 1000
379793 Ergotamine tartrate 500
74840 DE Ethane 1000
1622328 Ethanesulfonyl chloride, 2-chloro- 500
76131 DE Ethane, 1,1,2-trichloro-1,2,2,-trifluoro- 100
30558431 Ethanimidothioic acid, 2-(dimethylamino)-
N-hydroxy-2-oxo-,methyl ester
1
10140871 Ethanol, 1,2-dichloro-, acetate 1000
5952261 Ethanol, 2,2'-oxybis-, dicarbamate 1
563122 Ethion 10
13194484 Ethoprop 1000
110805 2-Ethoxyethanol 1000
19393670 Ethyl methylketone peroxide 500
141786 Ethyl acetate 5000
107006 DE Ethyl acetylene 1000
140885 Ethyl acrylate 1000
100414 Ethylbenzene 1000
538078 Ethylbis(2-chloroethyl)amine 500
541413 DE Ethyl chloroformate 100
759944 DE Ethyl dipropylthiocarbamate 1
74851 DE Ethylene 1000
111546 Ethylenebisdithiocarbamic acid, salts &
esters
5000
107153 Ethylenediamine 5000
60004 Ethylenediamine-tetraacetic acid (EDTA) 5000
106934 Ethylene dibromide 1
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
672 FINAL REGULATIONS
107062 Ethylene dichloride 100
371620 Ethylene fluorohydrin 1
107211 Ethylene glycol 5000
151564 Ethyleneimine 1
75218 Ethylene oxide 10
96457 Ethylenethiourea 10
60297 Ethyl ether 100
75343 Ethylidene Dichloride 1000
75081 DE Ethyl mercaptan 1000
97632 Ethyl methacrylate 1000
62500 Ethyl methanesulfonate 1
109955 Ethyl nitrite 100
542905 Ethyl thiocyanate 10000
14324551 DE Ethyl Ziram 1
52857 Famphur 1000
22224926 Fenamiphos 10
60168889 DE Fenarimol 100
13356086 DE Fenbutatin oxide 100
122145 Fenitrothion 1
66441234 DE Fenoxaprop ethyl 100
72490018 DE Fenoxycarb 100
39515418 DE Fenpropathrin 100
115902 Fensulfothion 500
55389 Fenthion 100
51630581 DE Fenvalerate 100
14484641 DE Ferbam 1
1185575 Ferric ammonium citrate 1000
55488874 Ferric ammonium oxalate 1000
2944674 Ferric ammonium oxalate 1000
7705080 Ferric chloride 1000
7783508 Ferric fluoride 100
10421484 Ferric nitrate 1000
10028225 Ferric sulfate 1000
10045893 Ferrous ammonium sulfate 1000
7758943 Ferrous chloride 100
7782630 Ferrous sulfate 1000
7720787 Ferrous sulfate 1000
69806504 DE Fluazifop butyl 100
4301502 Fluenetil 100
2164172 DE Fluometuron 100
206440 Fluoranthene 100
86737 Fluorene 5000
7782414 Fluorine 10
640197 Fluoroacetamide 100
144490 Fluoroacetic acid 10
359068 Fluoroacetyl chloride 10
51218 Fluorouracil 500
7789211 DE [Fluosulfonic acid] 25
69409945 DE Fluvalinate 100
133073 DE Folpet 100
72178020 DE Fomesafen 100
944229 Fonofos 500
50000 Formaldehyde 100
107164 Formaldehyde cyanohydrin 1000
23422539 Formetanate hydrochloride 1
64186 Formic acid 5000
2540821 Formothion 100
17702577 Formparanate 1
21548323 Fosthietan 500
3878191 Fuberidazole 100
110178 Fumaric acid 5000
110009 Furan 100
109999 Furan, tetrahydro- 1000
98011 Furfural 5000
13450903 Gallium trichloride 500
765344 Glycidylaldehyde 10
70257 Guanidine, N-methyl-N'-nitro-N-nitroso- 10
86500 Guthion 1
76448 Heptachlor 1
1024573 Heptachlor epoxide 1
118741 Hexachlorobenzene 10
87683 Hexachloro-1,3-butadiene 1
319846 alpha-Hexachlorocyclohexane 10
77474 Hexachlorocyclopentadiene 10
67721 Hexachloroethane 100
1335871 DE Hexachloronaphthalene 100
70304 Hexachlorophene 100
1888717 Hexachloropropene 1000
757584 Hexaethyl tetraphosphate 100
684162 Hexafluoroacetone 100
4835114 Hexamethylenediamine, N,N'-dibutyl- 500
822060 DE Hexamethylene-1,6-diisocyanate 100
680319 Hexamethylphosphoramide 1
110543 Hexane 5000
51235042 DE Hexazinone 100
67485294 Hydramethylnon 100
302012 Hydrazine 1
1615801 Hydrazine, 1,2-diethyl- 10
540738 Hydrazine, 1,2-dimethyl- 1
10034932 DE Hydrazine sulfate 10
1333740 DE Hydrogen 10
10035106 Hydrogen bromide 1000
7647010 Hydrogen chloride; Hydrochloric acid 5000
74908 Hydrogen cyanide 10
7664393 Hydrogen fluoride; hydrofluoric acid 100
7722841 Hydrogen peroxide 100
7783075 Hydrogen selenide 10
7783064 Hydrogen sulfide 100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 673
123319 Hydroquinone 100
7803498 DE Hydroxylamine 500
35554440 DE Imazalil 100
193395 Indeno(1,2,3-cd)pyrene 100
55406536 DE 3-Iodo-2-propynyl butylcarbamate 1
13463406 Iron, pentacarbonyl- 10
297789 Isobenzan 100
75285 Isobutane 1000
78831 Isobutyl alcohol 5000
78842 Isobutyraldehyde 100
78820 Isobutyronitrile 1000
102363 Isocyanic acid, 3,4-dichlorophenyl ester 500
465736 Isodrin 1
25311711 DE Isofenphos 100
78784 Isopentane 1000
78591 Isophorone 5000
4098719 Isophorone diisocyanate 100
78795 Isoprene 100
42504461 Isopropanolamine dodecylbenzene
sulfonate
1000
75351 Isopropyl amine 1000
625558 Isopropyl formate 100
75310 Isopropylamine 1000
75296 DE Isopropyl chloride 1000
108236 Isopropyl chloroformate 1000
80057 DE 4,4'-Isopropylidenediphenol 100
119380 Isopropylmethylpyrazolyl
dimethylcarbamate
1
120581 Isosafrole 100
143500 Kepone 1
463514 Ketene 10
77501634 DE Lactofen 100
78977 Lactonitrile 1000
303344 Lasiocarpine 10
7439921 Lead 10
301042 Lead acetate 10
7784409 Lead arsenate 1
7645252 Lead arsenate 1
10102484 Lead arsenate 1
7758954 Lead chloride 10
13814965 Lead fluoborate 10
7783462 Lead fluoride 10
10101630 Lead iodide 10
10099748 Lead nitrate 10
7446277 Lead phosphate 10
1072351 Lead stearate 10
56189094 Lead stearate 10
52652592 Lead stearate 10
7428480 Lead stearate 10
1335326 Lead subacetate 10
15739807 Lead sulfate 10
7446142 Lead sulfate 10
1314870 Lead sulfide 10
592870 Lead thiocyanate 10
21609905 Leptophos 500
541253 Lewisite 10
58899 Lindane 1
330552 DE Linuron 100
554132 DE Lithium carbonate 100
14307358 Lithium chromate 10
7580678 Lithium hydride 100
121755 Malathion 100
110167 Maleic acid 5000
108316 Maleic anhydride 5000
123331 Maleic hydrazide 5000
109773 Malononitrile 1000
12427382 DE Maneb 100
7439965 DE Manganese 100
15339363 Manganese,
bis(dimethylcarbamodithioato-S,S')­1
12108133 Manganese, tricarbonyl
methylcyclopentadienyl
100
93652 DE Mecoprop 10
148823 Melphalan 1
950107 Mephosfolan 500
149304 DE 2-Mercaptobenzothiazole 100
2032657 Mercaptodimethur 10
1600277 Mercuric acetate 500
7487947 Mercuric chloride 500
592041 Mercuric cyanide 1
10045940 Mercuric nitrate 10
21908532 Mercuric oxide 500
7783359 Mercuric sulfate 10
592858 Mercuric thiocyanate 10
7782867 Mercurous nitrate 10
10415755 Mercurous nitrate 10
7439976 Mercury 1
628864 Mercury fulminate 10
150505 DE Merphos 100
10476956 Methacrolein diacetate 1000
760930 Methacrylic anhydride 500
126987 Methacrylonitrile 1000
920467 Methacryloyl chloride 10
30674807 Methacryloyloxyethyl isocyanate 10
10265926 Methamidophos 100
137428 DE Metham sodium 1
74828 DE Methane 1000
558258 Methanesulfonyl fluoride 1000
67561 Methanol 5000
91805 Methapyrilene 5000
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
674 FINAL REGULATIONS
20354261 DE Methazole 100
950378 Methidathion 500
16752775 Methomyl 100
94746 DE Methoxone 10
3653483 DE Methoxone sodium salt 10
72435 Methoxychlor 1
109864 DE 2-Methoxyethanol 100
151382 Methoxyethylmercuric acetate 500
75221 Methyl chloroformate 1
624920 Methyl disulfide 1
453189 Methyl fluoroacetate 1
421205 Methyl fluorosulfate 1
96333 DE Methyl acrylate 100
563462 DE 2-Methyl-1-butene 1000
563451 DE 3-Methyl-1-butene 1000
80637 Methyl 2-chloroacrylate 500
79221 Methyl chlorocarbonate 1000
56495 3-Methylcholanthrene 10
3697243 DE 5-Methylchrysene 10
75790840 DE 4-Methyldiphenylmethane-3,4-
diisocyanate
100
101144 4,4'-Methylenebis(2-chloroaniline) 10
101611 DE 4,4'-Methylenebis(N,Ndimethyl)
benzenamine
10
5124301 DE 1,1'-Methylene bis(4isocyanatocyclohexane)
100
101688 Methylenebis(phenylisocyanate) 5000
74953 Methylene bromide 1000
101779 4,4'-Methylenedianiline 10
115106 DE Methyl ether 1000
78933 Methyl ethyl ketone 5000
1338234 Methyl ethyl ketone peroxide 10
107313 Methyl formate 1000
60344 Methyl hydrazine 10
74884 Methyl iodide 100
108101 Methyl isobutyl ketone 5000
624839 Methyl isocyanate 10
556616 Methyl isothiocyanate 500
74931 Methyl mercaptan 100
502396 Methylmercuric dicyanamide 500
80626 Methyl methacrylate 1000
924425 N-Methylolacrylamide 100
298000 Methyl parathion 100
3735237 Methyl phenkapton 500
676971 Methyl phosphonic dichloride 100
115117 DE 2-Methylpropene 1000
109068 2-Methylpyridine 5000
872504 DE N-Methyl-2-pyrrolidone 100
1634044 Methyl tert-butyl ether 1000
556649 Methyl thiocyanate 1000
56042 Methylthiouracil 10
75796 Methyltrichlorosilane 500
78944 Methyl vinyl ketone 1
9006422 DE Metiram 100
1129415 Metolcarb 1
21087649 DE Metribuzin 100
7786347 Mevinphos 10
315184 Mexacarbate 1000
90948 DE Michler's ketone 10
50077 Mitomycin C 10
2212671 DE Molinate 1
1313275 DE Molybdenum trioxide 100
76153 DE Monochloropentafluoroethane 100
6923224 Monocrotophos 10
75047 DE Monoethylamine 100
74895 Monomethylamine 100
150685 DE Monuron 100
2763964 Muscimol 1000
505602 Mustard gas 500
88671890 DE Myclobutanil 100
142596 DE Nabam 100
300765 Naled 10
91203 Naphthalene 100
3173726 DE 1,5-Naphthalene diisocyanate 100
1338245 Naphthenic acid 100
130154 1,4-Naphthoquinone 5000
134327 alpha-Naphthylamine 100
91598 2-Naphthylamine 10
7440020 Nickel 100
15699180 Nickel ammonium sulfate 100
13463393 Nickel carbonyl 10
7718549 Nickel chloride 100
37211055 Nickel chloride 100
0 DE Nickel Compounds/Nickel Coated
Catalysts
200
557197 Nickel cyanide 10
12054487 Nickel hydroxide 10
14216752 Nickel nitrate 100
7786814 Nickel sulfate 100
54115 Nicotine 100
54115 Nicotine, and salts 100
65305 Nicotine sulfate 100
1929824 DE Nitrapyrin 100
7697372 Nitric acid 1000
10102439 Nitric oxide 10
139139 DE Nitrilotriacetic acid 10
90092 DE m-Nitroaniline 500
88744 DE o-Nitroaniline 500
100016 p-Nitroaniline 5000
99592 DE 5-Nitro-o-anisidine 100
98953 Nitrobenzene 1000
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 675
92933 4-Nitrobiphenyl 10
1122607 Nitrocyclohexane 500
79243 Nitroethane 500
1836755 DE Nitrofen 10
10102440 Nitrogen dioxide 10
51752 Nitrogen mustard 10
10102439 Nitrogen oxide 10
10544726 Nitrogen tetraoxide 10
55630 Nitroglycerin 10
75525 DE Nitromethane 500
25154556 Nitrophenol (mixed isomers) 100
554847 m-Nitrophenol 100
88755 2-Nitrophenol 100
100027 4-Nitrophenol 100
79469 2-Nitropropane 10
5522430 DE 1-Nitropyrene 10
924163 N-Nitrosodi-n-butylamine 10
1116547 N-Nitrosodiethanolamine 1
55185 N-Nitrosodiethylamine 1
62759 N-Nitrosodimethylamine 10
86306 N-Nitrosodiphenylamine 100
156105 DE p-Nitrosodiphenylamine 100
621647 N-Nitrosodi-n-propylamine 10
759739 N-Nitroso-N-ethylurea 1
684935 N-Nitroso-N-methylurea 1
615532 N-Nitroso-N-methylurethane 1
4549400 N-Nitrosomethylvinylamine 10
59892 N-Nitrosomorpholine 1
16543558 DE N-Nitrosonornicotine 10
100754 N-Nitrosopiperidine 10
930552 N-Nitrosopyrrolidine 1
1321126 Nitrotoluene 1000
99081 m-Nitrotoluene 1000
88722 o-Nitrotoluene 1000
99990 p-Nitrotoluene 1000
99558 5-Nitro-o-toluidine 100
991424 Norbormide 100
27314132 DE Norflurazon 100
2234131 DE Octachloronaphthalene 100
29082744 DE Octachlorostyrene 1
8014957 Oleum (fuming sulfuric acid) 1000
0 Organorhodium Complex (PMN-82-147) 10
19044883 DE Oryzalin 100
20816120 Osmium tetroxide 1000
630604 Ouabain 100
23135220 Oxamyl 1
78717 Oxetane, 3,3-bis(chloromethyl)­500
301122 DE Oxydemeton methyl 100
19666309 DE Oxydiazon 100
2497076 Oxydisulfoton 500
42874033 DE Oxyfluorfen 100
7783417 Oxygen difluoride 1
10028156 Ozone 1
30525894 Paraformaldehyde 1000
123637 Paraldehyde 1000
1910425 Paraquat dichloride 10
2074502 Paraquat methosulfate 10
56382 Parathion 10
1114712 DE Pebulate 1
40487421 DE Pendimethalin 1
19624227 Pentaborane 1
608935 Pentachlorobenzene 1
608935 Pentachlorobenzene 10
76017 Pentachloroethane 10
87865 Pentachlorophenol 10
2570265 Pentadecylamine 100
504609 1,3-Pentadiene 100
109660 DE Pentane 1000
109671 DE 1-Pentene 1000
646048 DE 2-Pentene, (E)- 1000
627203 DE 2-Pentene, (Z)- 1000
57330 DE Pentobarbital sodium 100
79210 Peracetic acid 100
7601903 DE Perchloric acid 1000
594423 Perchloromethyl mercaptan 100
7616946 Perchloryl fluoride 100
52645531 DE Permethrin 100
62442 Phenacetin 100
85018 Phenanthrene 5000
108952 Phenol 1000
64006 Phenol, 3-(1-methylethyl) ­,
methylcarbamate
1
4418660 Phenol, 2,2'-thiobis[4-chloro-6-methyl- 100
26002802 DE Phenothrin 100
58366 Phenoxarsine, 10,10'-oxydi- 500
95545 DE 1,2-Phenylenediamine 100
108452 1,3-Phenylenediamine 100
106503 p-Phenylenediamine 5000
615281 DE 1,2-Phenylenediamine dihydrochloride 100
624180 DE 1,4-Phenylenediamine dihydrochloride 100
123615 DE 1,3-Phenylene diisocyanate 100
104494 DE 1,4-Phenylene diisocyanate 100
59881 Phenylhydrazine hydrochloride 1000
62384 Phenylmercuric acetate 100
90437 DE 2-Phenylphenol 100
2097190 Phenylsilatrane 100
103855 Phenylthiourea 100
57410 DE Phenytoin 10
298022 Phorate 10
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
676 FINAL REGULATIONS
4104147 Phosacetim 100
947024 Phosfolan 100
75445 Phosgene 10
732116 Phosmet 10
13171216 Phosphamidon 100
7803512 Phosphine 100
2703131 Phosphonothioic acid, methyl-, O-ethyl O(
4-(methylthio)phenyl) ester
500
50782699 Phosphonothioic acid, methyl-, S-(2-(bis(1methylethyl)
amino)ethyl) O-ethyl ester
100
2665307 Phosphonothioic acid, methyl-, O-(4nitrophenyl)
O-phenyl ester
500
7664382 Phosphoric acid 5000
3254635 Phosphoric acid, dimethyl 4-(methylthio)
phenyl ester
500
2587908 Phosphorothioic acid, O,O-dimethyl-5-(2(
methylthio)ethyl)ester
500
7723140 Phosphorus 1
10025873 Phosphorus oxychloride 1000
10026138 Phosphorus pentachloride 500
1314563 Phosphorus pentoxide 1
7719122 Phosphorus trichloride 1000
85449 Phthalic anhydride 5000
57476 Physostigmine 1
57647 Physostigmine, salicylate (1:1) 1
1918021 DE Picloram 100
88891 DE Picric acid 100
124878 Picrotoxin 500
110894 Piperidine 1000
120547 DE Piperidine, 1,1'-(tetrathiodicarbonothioyl)­bis-
1
51036 DE Piperonyl butoxide 100
23505411 Pirimifos-ethyl 1000
29232937 DE Pirimiphos methyl 100
1336363 Polychlorinated biphenyls 1
9016879 DE Polymeric diphenylmethane diisocyanate 100
7784410 Potassium arsenate 1
10124502 Potassium arsenite 1
7778509 Potassium bichromate 10
7758012 DE Potassium bromate 10
7789006 Potassium chromate 10
151508 Potassium cyanide 10
128030 Potassium dimethyldithiocarbamate 1
1310583 Potassium hydroxide 1000
51026289 DE Potassium N-hydroxymethyl-Nmethyldithiocarbamate
1
137417 DE Potassium N-methyldithiocarbamate 1
7722647 Potassium permanganate 100
506616 Potassium silver cyanide 1
41198087 DE Profenofos 100
2631370 Promecarb 1
7287196 DE Prometryn 100
23950585 Pronamide 5000
1918167 DE Propachlor 100
463490 DE Propadiene 1000
74986 DE Propane 1000
107120 Propanenitrile 10
1120714 Propane sultone 10
709988 DE Propanil 100
2312358 Propargite 10
107197 Propargyl alcohol 1000
106967 Propargyl bromide 1
31218834 DE Propetamphos 100
122429 Propham 1
60207901 DE Propiconazole 100
57578 beta-Propiolactone 10
123386 Propionaldehyde 1000
79094 Propionic acid 5000
123626 Propionic anhydride 5000
70699 Propiophenone, 4'-amino 100
114261 Propoxur 100
627134 DE m-Propyl nitrate 500
107108 n-Propylamine 5000
115071 DE Propylene 100
75569 Propylene oxide 100
75558 Propyleneimine 1
74997 DE Propyne 1000
2275185 Prothoate 100
129000 Pyrene 5000
121299 Pyrethrins 1
121211 Pyrethrins 1
8003347 Pyrethrins 1
110861 Pyridine 1000
140761 Pyridine, 2-methyl-5-vinyl- 500
1124330 Pyridine, 4-nitro-, 1-oxide 500
53558251 Pyriminil 100
91225 Quinoline 5000
106514 Quinone 10
82688 Quintozene 100
76578148 DE Quizalofop-ethyl 100
50555 Reserpine 5000
10453868 DE Resmethrin 100
108463 Resorcinol 5000
81072 Saccharin and salts 100
94597 Safrole 100
14167181 Salcomine 500
107448 Sarin 1
7783008 Selenious acid 10
12039520 Selenious acid, dithallium(1+) salt 1000
7782492 Selenium 100
7783791 Selenium hexafluoride 10
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 677
7446084 Selenium oxide 10
7791233 Selenium oxychloride 500
7488564 Selenium sulfide 10
144343 DE Selenium,
tetrakis(dimethyldithiocarbamate)
1
630104 Selenourea 1000
563417 Semicarbazide hydrochloride 1000
74051802 DE Sethoxydim 100
7803625 DE Silane 1000
3037727 Silane, (4-aminobutyl)diethoxymethyl- 1000
7440224 Silver 1000
506649 Silver cyanide 1
7761888 Silver nitrate 1
122349 DE Simazine 100
7440235 Sodium 10
7631892 Sodium arsenate 1
7784465 Sodium arsenite 1
26628228 Sodium azide (Na(N3)) 1000
10588019 Sodium bichromate 10
1333831 Sodium bifluoride 100
7631905 Sodium bisulfite 5000
124652 Sodium cacodylate 100
7775113 Sodium chromate 10
143339 Sodium cyanide 10
1982690 DE Sodium dicamba 100
128041 DE Sodium dimethyldithiocarbamate 1
25155300 Sodium dodecylbenzenesulfonate 1000
7681494 Sodium fluoride 1000
62748 Sodium fluoroacetate 10
16721805 Sodium hydrosulfide 5000
1310732 Sodium hydroxide 1000
10022705 Sodium hypochlorite 100
7681529 Sodium hypochlorite 100
124414 Sodium methylate 1000
7632000 Sodium nitrite 100
131522 Sodium pentachlorophenate 100
132274 DE Sodium o-phenylphenoxide 10
7558794 Sodium phosphate, dibasic 5000
10140655 Sodium phosphate, dibasic 5000
10039324 Sodium phosphate, dibasic 5000
7785844 Sodium phosphate, tribasic 5000
10124568 Sodium phosphate, tribasic 5000
7601549 Sodium phosphate, tribasic 5000
10361894 Sodium phosphate, tribasic 5000
7758294 Sodium phosphate, tribasic 5000
10101890 Sodium phosphate, tribasic 5000
10028247 Sodium Phosphate, dibasic 5000
13410010 Sodium selenate 100
10102188 Sodium selenite 100
7782823 Sodium selenite 100
10102202 Sodium tellurite 500
900958 Stannane, acetoxytriphenyl- 500
7803523 Stibine 10
18883664 Streptozotocin 1
7789062 Strontium chromate 10
57249 Strychnine 10
57249 Strychnine, and salts 10
60413 Strychnine, sulfate 10
100425 Styrene 1000
96093 Styrene oxide 100
95067 DE Sulfallate 1
3689245 Sulfotep 100
3569571 Sulfoxide, 3-chloropropyl octyl 500
7446095 Sulfur dioxide 100
7664939 Sulfuric acid 1000
12771083 Sulfur monochloride 1000
5714227 Sulfur pentafluoride 10
1314803 Sulfur phosphide 100
7783600 Sulfur tetrafluoride 10
7446119 Sulfur trioxide 20
2699798 DE Sulfuryl fluoride 100
35400432 DE Sulprofos 100
93765 2,4,5-T acid 1000
3813147 2,4,5-T amines 5000
6369966 2,4,5-T amines 5000
6369977 2,4,5-T amines 5000
2008460 2,4,5-T amines 5000
1319728 2,4,5-T amines 5000
61792072 2,4,5-T esters 1000
25168154 2,4,5-T esters 1000
93798 2,4,5-T esters 1000
1928478 2,4,5-T esters 1000
2545597 2,4,5-T esters 1000
13560991 2,4,5-T salts 1000
77816 Tabun 10
34014181 DE Tebuthiuron 100
13494809 Tellurium 1
7783804 Tellurium hexafluoride 10
3383968 DE Temephos 100
5902512 DE Terbacil 100
13071799 Terbufos 100
79947 DE Tetrabromobisphenol A 1
1634022 DE Tetrabutylthiuram disulfide 1
95943 1,2,4,5-Tetrachlorobenzene & Isomers 5000
1746016 2,3,7,8-Tetrachlorodibenzo-p-dioxin
(TCDD)
1
630206 1,1,1,2-Tetrachloroethane 100
79345 1,1,2,2-Tetrachloroethane 100
127184 Tetrachloroethylene 100
354143 DE 1,1,2,2-Tetrachloro-1-fluoroethane 100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
678 FINAL REGULATIONS
354110 DE 1,1,1,2-Tetrachloro-2-fluoroethane 100
58902 2,3,4,6-Tetrachlorophenol 10
961115 DE Tetrachlorvinphos 100
64755 DE Tetracycline hydrochloride 100
78002 Tetraethyl lead 10
107493 Tetraethyl pyrophosphate 10
597648 Tetraethyltin 100
116143 DE Tetrafluoroethylene 500
10086472 Tetrafluoro hydrazine 100
7696120 DE Tetramethrin 100
75741 Tetramethyllead 100
75763 DE Tetramethylsilane 1000
509148 Tetranitromethane 10
1314325 Thallic oxide 100
7440280 Thallium 1000
563688 Thallium(I) acetate 100
10102451 Thallium(I) nitrate 100
10031591 Thallium sulfate 100
7446186 Thallium(I) sulfate 100
6533739 Thallous carbonate 100
7791120 Thallous chloride 100
2757188 Thallous malonate 100
148798 DE Thiabendazole 100
62555 Thioacetamide 10
28249776 DE Thiobencarb 100
2231574 Thiocarbazide 1000
139651 DE 4,4'-Thiodianiline 10
59669260 Thiodicarb 1
39196184 Thiofanox 100
297972 Thionazin 100
7719097 Thionyl chloride 10
23564069 DE Thiophanate ethyl 100
23564058 Thiophanate-methyl 1
108985 Thiophenol 100
79196 Thiosemicarbazide 100
62566 Thiourea 10
5344821 Thiourea, (2-chlorophenyl)- 100
614788 Thiourea, (2-methylphenyl)- 500
137268 Thiram 10
1314201 DE Thorium dioxide 100
7550450 Titanium tetrachloride 100
108883 Toluene 1000
584849 Toluene-2,4-diisocyanate 100
91087 Toluene-2,6-diisocyanate 100
26471625 Toluene diisocyanate (unspecified isomer) 100
95534 o-Toluidine 100
106490 p-Toluidine 100
636215 o-Toluidine hydrochloride 100
8001352 Toxaphene 1
32534955 2,4,5-TP esters 100
93721 2,4,5-TP acid 100
43121433 DE Triadimefon 100
2303175 Triallate 1
1031476 Triamiphos 500
68768 Triaziquone 100
24017478 Triazofos 500
10120048
0
DE Tribenuron methyl 100
1983104 DE Tributyltin fluoride 100
2155706 DE Tributyltin methacrylate 100
78488 S,S,S-Tributyltrithiophosphate 100
52686 Trichlorfon 100
76028 Trichloroacetyl chloride 500
120821 1,2,4-Trichlorobenzene & Isomers 100
1558254 Trichloro(chloromethyl)silane 10
27137855 Trichloro(dichlorophenyl)silane 500
71556 1,1,1-Trichloroethane 1000
79005 1,1,2-Trichloroethane 100
79016 Trichloroethylene 100
115219 Trichloroethylsilane 500
75694 Trichlorofluoromethane 5000
327980 Trichloronate 500
25167822 Trichlorophenol 10
15950660 2,3,4-Trichlorophenol 10
933788 2,3,5-Trichlorophenol 10
933755 2,3,6-Trichlorophenol 10
95954 2,4,5-Trichlorophenol 10
88062 2,4,6-Trichlorophenol 10
609198 3,4,5-Trichlorophenol 10
98135 Trichlorophenylsilane 500
96184 DE 1,2,3-Trichloropropane 10
10025782 Trichlorosilane 1000
57213691 DE Triclopyr triethylammonium salt 100
27323417 Triethanolamine dodecylbenzene sulfonate 1000
998301 Triethoxysilane 500
121448 Triethylamine 5000
79389 Trifluorochloroethylene 1000
1582098 Trifluralin 10
26644462 Triforine 100
2487903 Trimethoxysilane 10
75503 Trimethylamine 100
95636 DE 1,2,4-Trimethylbenzene 100
75774 Trimethylchlorosilane 1000
16938220 DE 2,2,4-Trimethylhexamethylene
diisocyanate
100
15646965 DE 2,4,4-Trimethylhexamethylene
diisocyanate
100
824113 Trimethylolpropane phosphite 100
540841 2,2,4-Trimethylpentane 1000
2655154 DE 2,3,5-Trimethylphenyl methylcarbamate 100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 679
1066451 Trimethyltin chloride 500
DE 1,2,4-Trinitrobenzene 500
99354 1,3,5-Trinitrobenzene 10
602293 DE 2,3,4-Trinitrotoluene 500
DE 2,3,5-Trinitrotoluene 500
DE 2,3,6-Trinitrotoluene 500
610253 DE 2,4,5-Trinitrotoluene 500
118967 DE 2,4,6-Trinitrotoluene 500
DE 3,4,5-Trinitrotoluene 500
639587 Triphenyltin chloride 500
76879 DE Triphenyltin hydroxide 1000
555771 Tris(2-chloroethyl)amine 100
126727 Ethanamine, 1,1-dimethyl-2-phenyl- 10
72571 Trypan blue 10
66751 Uracil mustard 10
541093 Uranyl acetate 100
10102064 Uranyl nitrate 100
36478769 Uranyl nitrate 100
51796 Urethane 100
2001958 Valinomycin 1000
7440622 DE Vanadium (except when contained in an
alloy)
100
1314621 Vanadium pentoxide 1000
27774136 Vanadyl sulfate 1000
50471448 DE Vinclozolin 100
108054 Vinyl acetate 5000
689974 DE Vinyl acetylene 1000
593602 Vinyl bromide 100
75014 Vinyl chloride 1
109922 DE Vinyl ethyl ether 1000
75025 DE Vinyl fluoride 1000
75354 Vinylidene chloride 100
75387 DE Vinylidene fluoride 1000
107255 DE Vinyl methyl ether 1000
81812 Warfarin 100
81812 Warfarin, & salts, conc.>0.3% 100
129066 Warfarin sodium 100
108383 m-Xylene 100
95476 o-Xylene 100
106423 p-Xylene 100
1330207 Xylene 100
1300716 Xylenol 1000
87627 DE 2,6-Xylidine 10
28347139 Xylylene dichloride 100
7440666 Zinc 1000
557346 Zinc acetate 1000
14639975 Zinc ammonium chloride 1000
14639986 Zinc ammonium chloride 1000
52628258 Zinc ammonium chloride 1000
1332076 Zinc borate 1000
7699458 Zinc bromide 1000
3486359 Zinc carbonate 1000
7646857 Zinc chloride 1000
557211 Zinc cyanide 10
58270089 Zinc, dichloro(4,4-dimethyl5((((
methylamino)carbonyl)oxy)imino)
Pentanenitrile)-, (T-4)-
100
7783495 Zinc fluoride 1000
557415 Zinc formate 1000
7779864 Zinc hydrosulfite 1000
7779886 Zinc nitrate 1000
127822 Zinc phenolsulfonate 5000
1314847 Zinc phosphide 100
16871719 Zinc silicofluoride 5000
7733020 Zinc sulfate 1000
12122677 DE Zineb 100
137304 Ziram 1
13746899 Zirconium nitrate 5000
16923958 Zirconium potassium fluoride 1000
14644612 Zirconium sulfate 5000
10026116 Zirconium tetrachloride 5000
This consolidated chemical list includes chemicals subject to reporting
requirements under the Emergency Planning and Community Right-to-
Know Act (EPCRA), also known as Title III of the Superfund Amendments
and Reauthorization Act of 1986 (SARA). Chemicals listed under 112(r) of
the Clean Air Act (CAA), Section 311 of the Clean Water Act of 1980, State
of Delaware’s Accidental Release Prevention Regulation, and EPCRA
Section 313 are included with Delaware Reportable Quantities (DRQs).
Some substances are listed as commonly known synonyms more than once
or with different CAS numbers. For other synonyms and CAS numbers
search the EPA Chemical Registry System (CRS) under chemical names or
CAS numbers. The EPA CSR search page can be found on the internet at:
http://oaspub.epa.gov/crs/SEARCH$.STARTUP
Note: Substances with no DE designation must also be reported to the
National Reporting Center (NRC) under federal reporting
requirements with reportable quantities equal to the DRQ. The column
with designation ‘DE’ means that the substance DRQ does not agree
with the federal reportable quantity under CERCLA or EPCRA
requirements to report to the (NRC). Check the EPA Lists of Lists or
the NRC internet webpage to determine if and what reportable release
quantity must be reported to the NRC independently of the State of
Delaware Reporting requirements.
* No mandatory written report is required under Section 2.5 of the 6028
Reporting Regulation.
RCRA
Codes
NAME DRQ
D001 Unlisted hazardous wastes characteristic of
ignitability
100
D002 Unlisted hazardous wastes characteristic of
corrosivity
100
D003 Unlisted hazardous wastes characteristic of
reactivity
100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
680 FINAL REGULATIONS
D004 Arsenic 1
D005 Barium 1000
D006 Cadmium 10
D007 Chromium 10
D008 Lead 10
D009 Mercury 1
D010 Selenium 10
D011 Silver 1
D012 Endrin 1
D013 Lindane 1
D014 Methoxychlor 1
D015 Toxaphene 1
D016 2,4-D 100
D017 2,4,5-TP 100
D018 Benzene 10
D019 Carbon tetrachloride 10
D020 Chlordane 1
D021 Chlorobenzene 100
D022 Chloroform 10
D023 o-Cresol 100
D024 m-Cresol 100
D025 p-Cresol 100
D026 Cresol 100
D027 1,4-Dichlorobenzene 100
D028 1,2-Dichloroethane 100
D029 1,1-Dichloroethylene 100
D030 2,4-Dinitrotoluene 10
D031 Heptachlor (and epoxide) 1
D032 Hexachlorobenzene 10
D033 Hexachlorobutadiene 1
D034 Hexachloroethane 100
D035 Methyl ethyl ketone 5000
D036 Nitrobenzene 1000
D037 Pentachlorophenol 10
D038 Pyridine 1000
D039 Tetrachloroethylene 100
D040 Trichloroethylene 100
D041 2,4,5-Trichlorophenol 10
D042 2,4,6-Trichlorophenol 10
D043 Vinyl chloride 1
F001 Spent halogenated solvents used in degreasing 10
F001a (a) Tetrachloroethylene (CAS No. 127-18-4, RCRA
Waste No. U210)
100
F001b (b) Trichloroethylene (CAS No. 79-01-6, RCRA
Waste No. U228)
100
F001c (c) Methylene chloride (CAS No. 75-09-2, RCRA
Waste No. U080)
1000
F001d (d) 1,1,1-Trichloroethane (CAS No. 71-55-6, RCRA
Waste No. U226)
1000
F001e (e) Carbon tetrachloride (CAS No. 56-23-5, RCRA
Waste No. U211)
10
F001f (f) Chlorinated fluorocarbons 5000
F002 Spent halogenated solvents 10
F002a (a) Tetrachloroethylene (CAS No. 127-18-4, RCRA
Waste No. U210)
100
F002b (b) Methylene chloride (CAS No. 75-09-2, RCRA
Waste No. U080)
1000
F002c (c) Trichloroethylene (CAS No. 79-01-6, RCRA
Waste No. U228)
100
F002d (d) 1,1,1-Trichloroethane (CAS No. 71-55-6, RCRA
Waste No. U226)
1000
F002e (e) Chlorobenzene (CAS No. 108-90-7, RCRA
Waste No. U037)
100
F002f (f) 1,1,2-Trichloro-1,2,2-trifluoroethane (CAS No.
76-13-1)
5000
F002g (g) o-Dichlorobenzene (CAS No. 95-50-1, RCRA
Waste No. U070)
100
F002h (h) Trichlorofluoromethane (CAS No. 75-69-4,
RCRA Waste No. U121)
5000
F002i (i) 1,1,2-Trichloroethane (CAS No. 79-00-5, RCRA
Waste No. U227)
100
F003 Spent non-halogenated solvents and still bottoms
from recovery:
100
F003a (a) Xylene (CAS No. 1330-20-7) 1000
F003b (b) Acetone (CAS No. 67-64-12) 5000
F003c (c) Ethyl acetate (CAS No. 141-78-6) 5000
F003d (d) Ethylbenzene (CAS No. 100-41-4) 1000
F003e (e) Ethyl ether (CAS No. 60-29-7) 100
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 681
F003f (f) Methyl isobutyl ketone (CAS No. 108-10-1,) 5000
F003g (g) n-Butyl alcohol (CAS No. 71-36-3) 5000
F003h (h) Cyclohexanone (CAS No. 108-94-1) 5000
F003i (i) Methanol (CAS No. 67-56-1, RCRA Waste No.
U154)
5000
F004 Spent non-halogenated solvents and still bottoms
from recovery:
100
F004a (a) Cresols/cresylic acid (CAS No. 1319-77-3,
RCRA Waste No. U052)
100
F004b (b) Nitrobenzene (CAS No. 98-95-3, RCRA Waste
No. U169)
1000
F005 Spent non-halogenated solvents and still bottoms
from recovery:
100
F005a (a) Toluene (CAS No. 108-88-3, RCRA Waste No.
U220)
1000
F005b (b) Methyl ethyl ketone (CAS No. 78-93-3, RCRA
Waste No. U159)
5000
F005c (c) Carbon disulfide (CAS No. 75-15-0, RCRA
Waste No. P022)
100
F005d (d) Isobutanol (CAS No. 78-83-1, RCRA Waste No.
U140)
5000
F005e (e) Pyridine (CAS No. 110-86-1, RCRA Waste No.
U196)
1000
F006 Wastewater treatment sludges from electroplating
operations (w/some exceptions)
10
F007 Spent cyanide plating bath solns. from
electroplating
10
F008 Plating bath residues from electroplating where
cyanides are used
10
F009 Spent stripping/cleaning bath solns. from
electroplating where cyanides are used
10
F010 Quenching bath residues from metal heat treating
where cyanides are used
10
F011 Spent cyanide soln. from salt bath pot cleaning
from metal heat treating
10
F012 Quenching wastewater sludges from metal heat
treating where cyanides are used
10
F019 Wastewater treatment sludges from chemical
conversion aluminum coating
10
F020 Wastes from prod. or use of tri/tetrachlorophenol or
derivative intermediates
1
F021 Wastes from prod. or use of pentachlorophenol or
intermediates for derivatives
1
F022 Wastes from use of tetra/penta/
hexachlorobenzenes under alkaline conditions
1
F023 Wastes from mat. prod. on equip. previously used
for tri\tetrachlorophenol
1
F024 Wastes from production of chlorinated aliphatic
hydrocarbons (C1-C5)
1
F025 Lights ends, filters from prod. of chlorinated
aliphatic hydrocarbons (C1-C5)
1
F026 Waste from equipment previously used to prod.
tetra/penta/hexachlorobenzenes
1
F027 Discarded formulations containing tri/tetra/
pentachlorophenols or derivatives
1
F028 Residues from incineration of soil contaminated w/
F020,F021,F022,F023,F026,F027
1
F032 Wastewaters, process residuals from wood
preserving using chlorophenolic solns.
1
F034 Wastewaters, process residuals from wood
preserving using creosote formulations
1
F035 Wastewaters, process residuals from wood
preserving using arsenic or chromium
1
F037 Petroleum refinery primary oil/water/solids
separation sludge
1
F038 Petroleum refinery secondary (emulsified) oil/
water/solids separation sludge
1
K001 Wastewater treatment sludge from creosote/
pentachlorophenol wood preserving
1
K002 Wastewater treatment sludge from prod. of chrome
yellow and orange pigments
10
K003 Wastewater treatment sludge from prod. of
molybdate orange pigments
10
K004 Wastewater treatment sludge from prod. of zinc
yellow pigments
10
K005 Wastewater treatment sludge from prod. of chrome
green pigments
10
K006 Wastewater treatment sludge from prod. of chrome
oxide green pigments
10
K007 Wastewater treatment sludge from prod. of iron
blue pigments
10
K008 Oven residue from prod. of chrome oxide green
pigments
10
K009 Dist. bottoms from prod. of acetaldehyde from
ethylene
10
K010 Dist. side cuts from prod. of acetaldehyde from
ethylene
10
K011 Bottom stream from wastewater stripper in
acrylonitrile prod.
10
K013 Bottom stream from acetonitrile column in
acrylonitrile prod.
10
K014 Bottoms from acetonitrile purification column in
acrylonitrile prod.
5000
K015 Still bottoms from the dist. of benzyl chloride 10
K016 Heavy ends or dist. residues from prod. of carbon
tetrachloride
1
K017 Heavy ends from the purification column in
epichlorohydrin prod.
10
K018 Heavy ends from the fractionation column in ethyl
chloride prod.
1
K019 Heavy ends from the dist. of ethylene dichloride
during its prod.
1
K020 Heavy ends from the dist. of vinyl chloride during
prod. of the monomer
1
K021 Aqueous spent antimony catalyst waste from
fluoromethanes prod.
10
K022 Dist. bottom tars from prod. of phenol/acetone from
cumene
1
K023 Dist. light ends from prod. of phthalic anhydride
from naphthalene
5000
K024 Dist. bottoms from prod. of phthalic anhydride from
naphthalene
5000
K025 Dist. bottoms from prod. of nitrobenzene by
nitration of benzene
10
K026 Stripping still tails from the prod. of methyl ethyl
pyridines
1000
K027 Centrifuge/dist. residues from toluene diisocyanate
prod.
10
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
682 FINAL REGULATIONS
K028 Spent catalyst from hydrochlorinator reactor in
prod. of 1,1,1-trichloroethane
1
K029 Waste from product steam stripper in prod. of
1,1,1-trichloroethane
1
K030 Column bottoms/heavy ends from prod. of
trichloroethylene and perchloroethylene
1
K031 By-product salts generated in the prod. of MSMA
and cacodylic acid
1
K032 Wastewater treatment sludge from the prod. of
chlordane
10
K033 Wastewaster/scrubwater from chlorination of
cyclopentadiene in chlordane prod.
10
K034 Filter solids from filtration of
hexachlorocyclopentadiene in chlordane prod.
10
K035 Wastewater treatment sludges from the prod. of
creosote
1
K036 Still bottoms from toluene reclamation distillation in
disulfoton prod.
1
K037 Wastewater treatment sludges from the prod. of
disulfoton
1
K038 Wastewater from the washing and stripping of
phorate production
10
K039 Filter cake from filtration of
diethylphosphorodithioic acid in phorate prod.
10
K040 Wastewater treatment sludge from the prod. of
phorate
10
K041 Wastewater treatment sludge from the prod. of
toxaphene
1
K042 Heavy ends/residues from dist. of
tetrachlorobenzene in 2,4,5-T prod.
10
K043 2,6-Dichlorophenol waste from the prod. of 2,4-D 10
K044 Wastewater treatment sludge from manuf. and
processing of explosives
10
K045 Spent carbon from treatment of wastewater
containing explosives
10
K046 Wastewater sludge from
manuf.,formulating,loading of lead-based initiating
compd
10
K047 Pink/red water from TNT operations 10
K048 Dissolved air flotation (DAF) float from the
petroleum refining industry
10
K049 Slop oil emulsion solids from the petroleum refining
industry
10
K050 Heat exchanger bundle cleaning sludge from
petroleum refining industry
10
K051 API separator sludge from the petroleum refining
industry
10
K052 Tank bottoms (leaded) from the petroleum refining
industry
10
K060 Ammonia still lime sludge from coking operations 1
K061 Emission control dust/sludge from primary prod. of
steel in electric furnaces
10
K062 Spent pickle liquor generated by steel finishing
(SIC codes 331 and 332)
10
K064 Acid plant blowdown slurry/sludge from blowdown
slurry from primary copper prod.
10
K065 Surface impoundment solids at primary lead
smelting facilities
10
K066 Sludge from treatment of wastewater/acid plant
blowdown from primary zinc prod.
10
K069 Emission control dust/sludge from secondary lead
smelting
10
K071 Brine purification muds from mercury cell process
in chlorine production
1
K073 Chlorinated hydrocarbon waste from diaphragm
cell process in chlorine production
10
K083 Distillation bottoms from aniline extraction 100
K084 Wastewater sludges from prod. of veterinary
pharm. from arsenic compds.
1
K085 Distillation or fractionation column bottoms in prod.
of chlorobenzenes
10
K086 Wastes/sludges from prod. of inks from chromium
and lead-containing substances
10
K087 Decanter tank tar sludge from coking operations 100
K088 Spent potliners from primary aluminum reduction 10
K090 Emission control dust/sludge from
ferrochromiumsilicon prod.
10
K091 Emission control dust/sludge from ferrochromium
prod.
10
K093 Dist. light ends from prod. of phthalic anhydride by
ortho-xylene
5000
K094 Dist. bottoms in prod. of phthalic anhydride by
ortho-xylene
5000
K095 Distillation bottoms in prod. of 1,1,1-trichloroethane 100
K096 Heavy ends from dist. column in prod. of 1,1,1-
trichloroethane
100
K097 Vacuum stripper discharge from the chlordane
chlorinator in prod. of chlordane
1
K098 Untreated process wastewater from the prod. of
toxaphene
1
K099 Untreated wastewater from the prod. of 2,4-D 10
K100 Waste leaching soln from emission control dust/
sludge in secondary lead smelting
10
K101 Dist. tar residue from aniline in prod. of veterinary
pharm. from arsenic compd.
1
K102 Residue from activated carbon in prod. of
veterinary pharm. from arsenic compds.
1
K103 Process residues from aniline extraction from the
prod. of aniline
100
K104 Combined wastewater streams generated from
prod. of nitrobenzene/aniline
10
K105 Aqueous stream from washing in prod. of
chlorobenzenes
10
K106 Wastewater treatment sludge from mercury cell
process in chlorine prod.
1
K107 Column bottoms from separation in prod. of UDMH
from carboxylic acid hydrazides
10
K108 Condensed column overheads and vent gas from
prod. of UDMH from -COOH hydrazides
10
K109 Spent filter catridges from purif. of UDMH prod.
from carboxylic acid hydrazides
10
K110 Condensed column overheads from separation in
UDMH prod. from -COOH hydrazides
10
K111 Product washwaters from prod. of dinitrotoluene
via nitration of toluene
10
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 683
K112 Reaction by-product water from drying in
toluenediamine prod from dinitrotoluene
10
K113 Condensed liquid light ends from purification of
toluenediamine during its prod.
10
K114 Vicinals from purification of toluenediamine during
its prod from dinitrotoluene
10
K115 Heavy ends from toluenediamine purification
during prod. from dinitrotoluene
10
K116 Organic condensate from solvent recovery system
in prod. of toluene diisocyanate
10
K117 Wastewater from vent gas scrubber in ethylene
bromide prod by ethene bromination
1
K118 Spent absorbent solids in purification of ethylene
dibromide in its prod.
1
K123 Process waste water from the prod. of
ethylenebisdithiocarbamic acid and salts
10
K124 Reactor vent scubber water from prod of
ethylenebisdithiocarbamic acid and salts
10
K125 Filtration/other solids from prod. of
ethylenebisdithiocarbamic acid and salts
10
K126 Dust/sweepings from the prod. of
ethylenebisdithiocarbamic acid and salts
10
K131 Wastewater and spent sulfuric acid from the prod.
of methyl bromide
100
K132 Spent absorbent and wastewater solids from the
prod. of methyl bromide
1000
K136 Still bottoms from ethylene dibromide purif. in prod.
by ethene bromination
1
K141 Process residues from coal tar recovery in coking 1
K142 Tar storage tank residues from coke prod. from
coal or recovery of coke by-prods
1
K143 Process residues from recovery of light oil in coking 1
K144 Wastewater residues from light oil refining in
coking
1
K145 Residues from naphthalene collection and
recovery from coke by-products
1
K147 Tar storage tank residues from coal tar refining in
coking
1
K148 Residues from coal tar distillation, including still
bottoms, in coking
1
K149 Distillation bottoms from the prod. of chlorinated
toluenes/benzoyl chlorides
10
K150 Organic residuals from Cl gas and HCl recovery
from chlorinated toluene prod.
10
K151 Wastewater treatment sludge from production of
chlorotoluenes/benzoyl chlorides
10
K156 Organic waste from production of carbamates and
carbamoyl oximes
1
K157 Wastewaters from production of carbamates and
carbamoyl oximes (not sludges)
1
K158 Bag house dusts & filter/separation solids from
prod of carbamates, carb oximes
1
K159 Organics from treatment of thiocarbamate waste 1
K160 Solids from production of thiocarbamates and
treatment of thiocarbamate wastes
1
K161 Purif. solids/bag house dust/sweepings from prod
of dithiocarbamate acids/salts
1
K169 Crude oil storage tank sediment from petroleum
operations
10
K170 Clarified slurry oil tank sediment from petroleum
refining operations
1
K171 Spent hydrotreating catalyst from petroleum
refining operations.
1
K172 Spent hydrorefining catalyst from petroleum
refining operations.
1
K174 Wastewater treatment sludges from the production
of vinyl chloride or ethylene dichloride monomer
1
K175 Wastewater treatment sludges from the production
of ethylene dichloride or vinyl chloride monomer
1
Note: Delaware reportable quantities (DRQs) are based
upon EPA RCRA waste streams and unlisted hazardous
wastes reportable quantities (RQs) as published in EPA List
of Lists as EPA publication Number: EPA 550-B-01-003.
The term hazardous waste substance includes RCRA
listed and characteristic hazardous wastes. The
establishments of RQs for hazardous waste differs from the
methodology applied to individual hazardous substances, as
the RQ for hazardous waste is based on the results of an
analysis of hazardous constituents in the waste stream.
When the RQ of each hazardous constituent is established,
the lowest RQ of each of these constituents then becomes the
adjusted RQ for the waste stream. In the event there are
constituents in the hazardous waste that are not considered
hazardous substances, a reference RQ is developed for these
constituents in order to assign an appropriate RQ.
EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
DELAWARE TOURISM OFFICE
TOURISM ADVISORY BOARD
Statutory Authority: 73 Delaware Laws Ch. 312,
Section 50 (June 25, 2002)
Order Adopting and Promulgating Regulation
AND NOW this 15th day of October, 2002, in
accordance with the procedures set forth in 29 Del.C. Ch. 11,
Subch. III, 29 Del.C. Ch. 101 and 73 Delaware Laws Ch.
312, Section 50 (June 25, 2002, Judy McKinney-Cherry, the
Director of the Delaware Economic Development
Office("DEDO") (of which the Delaware Tourism Office
("DTO") is a subdivision) in cooperation with the Tourism
Advisory Board (the "Board") in accordance with 29 Del.C.
§§ 5005(11) and 10118(b) and with 73 Delaware Laws Ch.
312, Section 50 and for the reasons stated below enters this
ORDER adopting and promulgating the regulation set forth
below in connection with the Co-Op Advertising Program
(as defined below) of the DTO.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
684 FINAL REGULATIONS
Nature Of Proceedings: Synopsis Of The Subject And
Substance Of The Proposed Regulation:
In accordance with the procedures set forth in 29 Del.C.
Ch. 11, Subch. III, 29 Del.C. Ch 101 and 73 Delaware Laws
Ch. 312, Section 50 (June 25, 2002), the Director of the
Delaware Economic Development Office ("DEDO") (of
which the Delaware Tourism Office ("DTO") is a
subdivision), in cooperation with the Tourism Advisory
Board (the "Board"), proposed to adopt a regulation for the
administration of the Co-Op Advertising Program set forth
in 73 Delaware Laws Ch. 312, Section 50 and for the
application and award procedures of the Co-Op Advertising
Program. The regulation describes the Co-Op Advertising
Program, the eligibility criteria and application procedure for
awards under the Co-Op Advertising Program, the procedure
for making of awards and the uses to which Co-Op
Advertising Program awards may not be put.
Notice of the public hearing to consider the proposed
regulation appeared in the August 1, 2002 issue of the
Delaware Register of Regulations and in Delaware
newspapers of general circulation on August 16 and August
19, 2002 in accordance with 29 Del.C. §10115(b). An
employee of DEDO designated by the Director of DEDO in
accordance with 29 Del.C. §§5005(10) and 10117(1) and a
quorum of the Board held the public hearing on September
18, 2002 at 9:30 a.m. at the DEDO offices at 99 Kings
Highway, Dover, Delaware, as duly noticed. This is the
order of the Director of DEDO adopting the proposed
regulation.
Summary Of Evidence and Information Submitted:
DEDO received no written comments in response to the
notice of the proposed regulation, and no member of the
public made comment on the proposed regulation at the
public hearing on September 18, 2002.
Findings Of Fact and Conclusions:
1. The Delaware General Assembly provided in 73
Delaware Laws Ch. 312, Section 50 (June 25, 2002) that up
to $160,000 of the Appropriated Special Funds allocated to
the DTO for the fiscal year of the State ending June 30, 2003
pursuant to 30 Del.C. §6102(b) contained in 73 Delaware
Laws Ch. 312, Section 50 (June 25, 2002) should be used by
DTO for a grant program where matching funds were
required, i.e., the Co-Op Advertising Programs Program, and
that DTO, in cooperation with the Board, should develop
regulations to implement the Co-Op Advertising Program.
2. DTO has developed the proposed regulation, which
the Board reviewed and approved at its meeting on
September 18, 2002.
3. The Director of DEDO, as the head of the agency
that operates the DTO has statutory authority, in cooperation
with the Board, to promulgate the regulation pursuant to 29
Del.C. §5005(11) and 73 Delaware Laws Ch. 312, Section
50 (June 25, 2002).
Decision and Order Concerning The Proposed
Regulation
NOW THEREFORE, under the statutory authority and
for the reasons set forth above, the Director of DEDO, in
cooperation with the Board, ORDERS that the regulation be,
and that it hereby is, adopted and promulgated as set forth
below. The effective date of this Order is ten days from the
date of its publication in the Delaware Register of
Regulations, in accordance with 29 Del.C. §10118(g).
Judy McKinney-Cherry, Director, Delaware Economic
Development Office
APPROVED IN COOPERATION WITH DTO by
the members of the Tourism Advisory Board:
Kay Wheatley, Chairman
Norma Lee Burton Derrickson
Barbara Benson
Frank Fantini
Carol Harding
Ed Sutor
Xavier Teixido
Co-op Advertising Program
1.0 Co-Op Advertising Program Description
1.1 The purpose of the program is to attract overnight
visitors to Delaware through increased visibility of
Delaware's tourism product and the creation of a Delaware
image.
1.2 The goal of the program is to allow tourism
industry partners to participate in the Delaware Tourism
Office's advertising campaign.
1.3 The definition of the program is advertising placed
with any media that represents more than one organization
and the cost of which is funded by all participants.
2.0 Participation
2.1 The Delaware Tourism Office will participate in
co-op advertising and will fund a portion of the cost of the
placement [not to exceed fifty percent (50%) of such cost,
as set forth in Section 2.3].
2.2 Equal shares will be made available to Delaware
tourism industry partners.
2.3 Participating for-profit organizations will be
responsible for all the funds for any share purchased.
Participating not-for-profit organizations will be eligible to
receive one half of the funds for any share purchased from
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 685
Matching Grant Funds. For-profit organizations may
participate in co-op advertising. For-profit organizations
will be responsible for all the funds for any share of co-op
advertising purchased.
2.4 Not-for-profit organizations may participate in coop
advertising. Not-for-profit organizations will be eligible
to receive one half of the funds for any share of co-op
advertising purchased from Matching Grant Funds and will
be responsible for one half of the funds.
3.0 Co-Op Advertising Matching Grant Funds
3.1. Co-Op Advertising Matching Grant Funds
Description
3.1.1 The total amount available for matching
grants is designated by the general assembly in the operating
budget. It is expected that there will be a number of
programs available using the matching grant funds, one of
which will be co-op advertising. The Delaware Tourism
Office in cooperation with the Governor’s Tourism Advisory
Board will determine the amount of funds allocated for each
matching grant funds sub-program.
3.1.2 The grants are to be used to place
advertising outside of the state of Delaware to attract
overnight visitors to Delaware.
3.1.3 Subject to the availability of funds, up to
One half of the cost of participation in the co-op
advertisement will be paid from matching grant funds for
not-for-profit organizations.
3.1.4 The same organization may apply to
participate in more than one co-op advertisement.
3.2 Eligibility for Matching Grants for Co-Op
Advertising
3.2.1 Not-for-profit tourism related businesses
and organizations.
3.2.2 Only in-state tourism entities may apply.
3.2.3 The organization's main product or
program must be intended to attract new visitors and
overnight business.
3.3 Matching Grant Awards
3.3.1 There will be no attempt to balance the
awards geographically, politically, or categorically.
4.0 Source of Matching Funds
4.1 Matching funds are required for not-for-profit
tourism related business. The organization's matching fund
commitment is part of the application.
4.2 No other state grant funds may be used for the
organization's match.
5.0 Application Requirements
5.1 Applicants shall fill out the Co-Op Advertising
Program application as prescribed by the Delaware Tourism
Office. The application is available at 99 Kings Highway,
Dover, DE 19901.
5.2 Incomplete applications will not be considered.
5.3 More than one application may be submitted per
organization.
5.4 All completed applications must be received at the
Delaware Tourism Office at 99 Kings Highway, Dover, DE
19901. Applications will not be accepted after the deadline
or at any other location. [The application deadline will be
designated in the program announcement.] Applications
may be submitted electronically, via fax or email.
5.5 Is is the responsibility of the applicant to ensure that
the application is complete and received prior to deadline.
6.0 Determination of Participation in Co-Op
Advertising
6.1 DTO personnel will select the organizations for
each co-op advertisement placed from the eligible
applications.
7.0 Process
7.1 All completed applications that are received by the
deadline will be reviewed, and selections will be announced
one week later.
7.2 Payments
7.2.1 Participating organizations will pay DTO
their share within 60 days of their selection. There will be
no funds paid from DTO to the applicant. DTO will
combine the funds from all sources into a single payment to
the advertiser.
DELAWARE ECONOMIC DEVELOPMENT OFFICE
DELAWARE TOURISM OFFICE
TOURISM ADVISORY BOARD
Statutory Authority: 73 Delaware Laws Ch. 312,
Section 50 (June 25, 2002)
Order Adopting and Promulgating Regulation:
AND NOW this 15th day of October, 2002 in
accordance with the procedures set forth in 29 Del.C. Ch. 11,
Subch. III, 29 Del.C. Ch 101 and 73 Delaware Laws Ch.
312, Section 50 (June 25, 2002), Judy McKinney-Cherry the
Director of the Delaware Economic Development Office
("DEDO") (of which the Delaware Tourism Office ("DTO")
is a subdivision), in cooperation with the Tourism Advisory
Board (the "Board), in accordance with 29 Del.C. §§
5005(11) and 10118(b) and with 73 Delaware Laws Ch. 312,
Section 50 and for the reasons stated below enters this
ORDER adopting and promulgating the regulation set forth
below in connection with the Direct Grants Program (as
defined below) of the DTO.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
686 FINAL REGULATIONS
Nature Of Proceedings: Synopsis of the Subject and
Substance of the Proposed Regulation:
In accordance with the procedures set forth in 29 Del.C.
Ch. 11, Subch. III, 29 Del.C. Ch 101 and 73 Delaware Laws
Ch. 312, Section 50 (June 25, 2002), the Director of the
Delaware Economic Development Office ("DEDO") (of
which the Delaware Tourism Office ("DTO") is a
subdivision), in cooperation with the Tourism Advisory
Board (the "Board"), proposed to adopt a regulation for the
administration of the direct grants program set forth in 73
Delaware Laws Ch. 312, Section 50 (the "Direct Grants
Program") and for the application and award procedures of
the Direct Grants Program. The regulation describes the
Direct Grants Program, the eligibility criteria and application
procedure for awards under the Direct Grants Program, the
procedure for making of awards and the uses to which Direct
Grants Program awards may not be put.
Notice of the public hearing to consider the proposed
regulation appeared in the August 1, 2002 issue of the
Delaware Register of Regulations, (August 1, 2002) and in
Delaware newspapers of general circulation on August 16
and August 19, 2002 in accordance with 29 Del.C.
§10115(b). An employee of DEDO designated by the
Director of DEDO in accordance with 29 Del.C. §§5005(10)
and 10117(1) and a quorum of the Board held the public
hearing on September 18, 2002 at 9:30 a.m. at the DEDO
offices at 99 Kings Highway, Dover, Delaware, as duly
noticed. This is the order of the Director of DEDO adopting
the proposed regulation.
Summary Of Evidence and Information Submitted:
DEDO received no written comments in response to the
notice of the proposed regulation, and no member of the
public made comment on the proposed regulation at the
public hearing on September 18, 2002.
Findings of Fact and Conclusions:
1. The Delaware General Assembly provided in 73
Delaware Laws Ch. 312, Section 50 (June 25, 2002) that up
to $40,000 of the Appropriated Special Funds allocated to
the DTO for the fiscal year of the State ending June 30, 2003
pursuant to 30 Del.C. §6102(b) contained in 73 Delaware
Laws Ch. 312, Section 50 (June 25, 2002) should be used by
DTO for a grant program where no matching funds were
required, i.e., the Direct Grants Program, and that DTO, in
cooperation with the Board, should develop regulations to
implement the Direct Grant Program.
2. DTO has developed the proposed regulation, which
the Board reviewed and approved at its meeting on
September 18, 2002.
3. The Director of DEDO, as the head of the agency
that operates the DTO has statutory authority, in cooperation
with the Board, to promulgate the regulation pursuant to 29
Del.C. §5005(11) and 73 Delaware Laws Ch. 312, Section
50 (June 25, 2002).
Decision and Order Concerning the Proposed Regulation
NOW THEREFORE, under the statutory authority and
for the reasons set forth above, the Director of DEDO, in
cooperation with the Board, ORDERS that the regulation be,
and that it hereby is, adopted and promulgated as set forth
below. The effective date of this Order is ten days from the
date of its publication in the Delaware Register of
Regulations, in accordance with 29 Del. C. §10118(g).
Judy McKinney-Cherry, Director, Delaware Economic
Development Office
APPROVED IN COOPERATION WITH DTO by
the members of the Tourism Advisory Board:
Kay Wheatley, Chairman
Norma Lee Burton Derrickson
Barbara Benson
Frank Fantini
Carol Harding
Ed Sutor
Xavier Teixido
Direct Grants Program
1.0 Program Description
1.1 The purpose of the program is to attract visitors to
Delaware and to bring in overnight business to Delaware.
The goal of the Direct Grant Program is to increase the
visibility of Delaware's tourism product. Direct Grants are
only toward not-for-profit tourism entities are eligible. Only
not-for-profit tourism entities with a marketing budget of
$15,000 or less are eligible for Direct Grants. All projects
must tie in to the State Marketing Plan.
1.2 The total amount available for Direct Grants is
designated by the General Assembly in the operating budget.
It is expected that there will be a number of direct grant
programs awarded.
1.3 To be eligible, organizations must have a marketing
plan with a clear vision as to how to attract out-of-state
visitors.
1.4 The grants are to be used for the marketing of
tourism organizations, products, programs or areas.
1.5 Use of Funds Direct Grants:
1.5.1 It is expected that the Direct Grant funds
will be used to actively market the petitioning tourism
organization or partnership of organizations to attract new
visitors to the state of Delaware.
1.5.2 The same organization may apply for
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 687
more than one Direct Grant.
2.0 Award Determination:
2.1 The organizations receiving awards will be selected
by a panel composed of the following:
2.1.1 Delaware Tourism Office
2.1.2 Governor’s Tourism Advisory Board
2.1 It is expected that the organizations receiving
awards will be selected by a panel composed of employees
or members of the following:
2.1.1 Delaware Tourism Office
2.1.2 Governor’s Tourism Advisory Board
2.1.3. House Tourism Committee
3.0 Criteria:
3.1 Organizations must demonstrate that their vision
supports one or more of the attract goals of the Delaware
tourism industry’s Five-Year Strategic Plan and Marketing
Plan. Awards will be based on the organization’s ability to
communicate a vision that the panel believes is possible and
has the potential to increase tourism. The program must
support the Delaware Tourism Office Marketing Plan. DTO
logo brand must appear on all created collateral. There will
be no attempt to balance the awards geographically,
politically, or categorically.
4.0 Award Process
4.1 All complete applications that are received by the
deadline will be forwarded to the awards panel for rating.
The applications receiving the highest average rating will be
scheduled to make an oral presentation to the panel.Awards
will be announced the following week.
4.2 Direct Grant Award Payments:
4.2.1 Payments will be paid upon proof of
completion of the project and submission of invoices
supporting the funds expenditures. All requirements and
criteria of the program need to be met.
5.0 Eligibility
5.1 Not-for-profit tourism related businesses and
organizations.
5.2 Submitting organizations must submit proof of
not-for-profit status and the organization’s complete
operating budget.
5.3 Only in-state tourism entities may apply
5.4 The organization’s main product or program must
fit into the Industry’s 5 Five-Year Strategic Plan.
6.0 Application Requirements
6.1 Incomplete applications will not be considered (see
application for required attachments).
6.2 More than one application may be submitted per
organization.
6.3 All completed applications must sent to the
Delaware Tourism Office at 99 Kings Highway, Dover, DE
19901. Applications will not be accepted after the deadline
or at any other location.
6.4 It is the responsibility of the applicant to ensure that
the application is complete and received prior to deadline.
7.0 Grant Awards
7.1 Awards will be granted based on the merit of the
program being submitted. The purpose of the Direct Grant
Program is to attract new visitors and overnight business to
Delaware. The goal of the Direct Grant Program is to
increase the visibility of Delaware’s tourism product. Only
not-for-profit entities with a marketing budget of $15,000 or
less are able to submit direct grant proposals. All projects
must tie in to the State Marketing Plan. There will be no
attempt to balance the awards geographically, politically, or
categorically.
8.0 Payments
8.1 Final payments may be requested after all project
completion requirements have been met and proper
documentation is submitted.
8.2 All invoices must be submitted to the Delaware
Tourism Office.
9.0 Use of Funds
9.1 Funds may not be used for:
9.1.1 General operating expenses including staff
salaries.
9.1.2 Administrative expenses, including any
commissions, fees or other expenses for administration of
the project.
9.1.3 Food and beverages
9.1.4 Equipment purchase and rental
9.1.5 Business directories
9.1.6 Postage and office supplies
9.1.7 Meeting expenses
9.1.8 Anything contrary to state law.
9.1.9 Other restrictions on the use of the funds
may be added at the time of the award based on the project
definition.
10.0 Project Completion Requirements
10.1 At a minimum the following must be submitted
for final payment:
10.1.1 Completed project report
10.1.2 Invoices must be submitted.
10.1.3 Marketing plan
10.1.4 The Delaware Tourism Office name and
logo brand must be used as well as Delaware Tourism Office
name, phone number and website address must appear on all
created collateral
10.2 Other project completion requirements may be
added at the time of the award based on project definition.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
688 FINAL REGULATIONS
11.0 Applicant Information
11.1 Applicants shall fill out the Direct Grant
Program Applicant Information Sheet as prescribed by the
Delaware Tourism Office. The Applicant Information is
available at 99 Kings Highway, Dover, DE 19901.
See 5 DE Reg. 1312 (12/1/01)
DELAWARE ECONOMIC DEVELOPMENT OFFICE
DELAWARE TOURISM OFFICE
TOURISM ADVISORY BOARD
Statutory Authority: 73 Delaware Laws Ch. 312,
Section 50 (June 25, 2002)
Order Adopting and Promulgating Regulation:
AND NOW this 15th day of October, 2002, in
accordance with the procedures set forth in 29 Del.C. Ch. 11,
Subch. III, 29 Del.C. Ch 101 and 73 Delaware Laws Ch.
312, Section 50 (June 25, 2002), Judy McKinney-Cherry the
Director of the Delaware Economic Development Office
("DEDO") (of which the Delaware Tourism Office ("DTO")
is a subdivision), in cooperation with the Tourism Advisory
Board (the "Board"), in accordance with 29 Del.C. §§
5005(11) and 10118(b) and with 73 Delaware Laws Ch. 312,
Section 50 and for the reasons stated below enters this
ORDER adopting and promulgating the regulation set forth
below in connection with the Matching Grants Program (as
defined below) of the DTO.
Nature of Proceedings: Synopsis of the Subject and
Substance of the Proposed Regulation:
In accordance with the procedures set forth in 29 Del. C.
Ch. 11, Subch. III, 29 Del. C. Ch 101 and 73 Delaware Laws
Ch. 312, Section 50 (June 25, 2002), the Director of the
Delaware Economic Development Office ("DEDO") (of
which the Delaware Tourism Office ("DTO") is a
subdivision), in cooperation with the Tourism Advisory
Board (the "Board"), proposed to adopt a regulation for the
administration of the direct grants program set forth in 73
Delaware Laws Ch. 312, Section 50 (the "Matching Grants
Program") and for the application and award procedures of
the Matching Grants Program. The regulation describes the
Matching Grants Program, the eligibility criteria and
application procedure for awards under the Matching Grants
Program, the procedure for making of awards and the uses to
which Matching Grants Program awards may not be put.
Notice of the public hearing to consider the proposed
regulation appeared in the August 1, 2002 issue of the
Delaware Register of Regulations, (August 1, 2002) and in
Delaware newspapers of general circulation on August 16
and August 19, 2002 in accordance with 29 Del. C.
§10115(b). An employee of DEDO designated by the
Director of DEDO in accordance with 29 Del. C. §§5005(10)
and 10117(1) and a quorum of the Board held the public
hearing on September 18, 2002 at 9:30 a.m. at the DEDO
offices at 99 Kings Highway, Dover, Delaware, as duly
noticed. This is the order of the Director of DEDO, adopting
the proposed regulation.
Summary of Evidence and Information Submitted:
DEDO received no written comments in response to the
notice of the proposed regulation, and no member of the
public made comment on the proposed regulation at the
public hearing on September 18, 2002.
Findings of Fact and Conclusions:
1. The Delaware General Assembly provided in 73
Delaware Laws Ch. 312, Section 50 (June 25, 2002) that up
to $160,000 of the Appropriated Special Funds allocated to
the DTO for the fiscal year of the State ending June 30, 2003
pursuant to 30 Del. C. §6102(b) contained in 73 Delaware
Laws Ch. 312, Section 50 (June 25, 2002) should be used by
DTO for a grant program where matching funds were
required, i.e., the Matching Grants Program, and that DTO,
in cooperation with the Board, should develop regulations to
implement the Matching Grant Program.
2. DTO has developed the proposed regulation, which
the Board reviewed and approved at its meeting on
September 18, 2002.
3. The Director of DEDO, as the head of the agency
that operates the DTO has statutory authority, in cooperation
with the Board, to promulgate the regulation pursuant to 29
Del. C. §5005(11) and 73 Delaware Laws Ch. 312, Section
50 (June 25, 2002).
Decision and Order Concerning the Proposed Regulation
NOW THEREFORE, under the statutory authority and
for the reasons set forth above, the Director of DEDO, in
cooperation with the Board, ORDERS that the regulation be,
and that it hereby is, adopted and promulgated as set forth
below. The effective date of this Order is ten days from the
date of its publication in the Delaware Register of
Regulations, in accordance with 29 Del. C. §10118(g).
Judy McKinney-Cherry, Director, Delaware Economic
Development Office
APPROVED IN COOPERATION WITH DTO by
the members of the Tourism Advisory Board:
Kay Wheatley, Chairman
Norma Lee Burton Derrickson
Barbara Benson
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 689
Frank Fantini, Carol Harding, Ed Sutor, Xavier Teixido
Matching Grants Program
1.0 Program Description
1.1 The purpose of the program is to attract visitors to
Delaware and to bring in overnight business to Delaware.
The goal of the Matching Grants Program is to increase the
visibility of Delaware's tourism product. Only not-for-profit
entities are able to submit matching grants proposals.
However, for profit businesses are allowed to participate in
partnership programs submitted by not-for-profits. All
packaging programs must include at least one hotel property
in order to promote overnight business to Delaware. All
projects must tie in to the State Marketing Plan.
1.2 The total amount available for matching grants is
designated by the Delaware General Assembly in the
operating budget. It is expected that there will be a number
of Matching Funds Grants Programs awarded. Four or more
properties working together on a package will be able to
receive a match of 2-to-1 instead of 1-to-1.
1.3 To be eligible, the applicant organization must have
a marketing plan with a clear vision as to how to attract
out-of-state visitors.
1.4 The grants are to be used for the marketing of
tourism organizations, products, programs or areas.
1.5 Use of Matching Grants:
1.5.1 It is expected that the Matching Grant
funds will be used to market the petitioning tourism
organization or partnership of organizations to attract new
visitors to the state of Delaware:
1.5.2 The same organization may apply for
more than one Matching Grants Program grant.
1.5.3 The purpose is to attract visitors to
Delaware and to bring in overnight business. Therefore,
advertising applicants must show a plan to advertise out of
state.
2.0 Matching Funds:
2.1 Matching funds are required. The organization's
matching fund commitment is part of the application. The
organization's matching fund commitment must be met for
full payment of the grant. No other state grant funds may be
used for the organization's match.
3.0 Award Determination:
3.1 The organizations receiving awards will be selected
by a panel composed of the following:
3.1.1 Delaware Tourism Office
3.1.2 Governor's Tourism Advisory Board
3.1 It is expected that the organizations receiving
awards will be selected by a panel composed of employees
or members of the following:
3.1.1 Delaware Tourism Office
3.1.2 Governor's Tourism Advisory Board
3.1.3 House Tourism Committee
4.0 Criteria:
4.1 Organizations must demonstrate that their vision
supports the Delaware tourism industry's Five-Year Strategic
Plan and Marketing Plan. Awards will be based on the
organization's ability to communicate a vision that the panel
believes is possible and has the potential to increase tourism.
There will be no attempt to balance the awards
geographically, politically, or categorically.
5.0 Award Process
5.1 All complete applications that are received by the
deadline will be forwarded to the awards panel for rating.
The applications receiving the highest average rating will be
scheduled to make an oral presentation to the panel. The
awards will be announced a week later.
5.2 Grant Award Payments:
5.2.1 The payments will be paid upon proof of
completion of the project and submission of invoices
supporting the funds expenditures. To receive final
payment, all organizations will need to complete all project
completion requirements.
6.0 Eligibility
6.1 Not-for-profit tourism related businesses and
organizations.
6.2 Submitting organizations must submit proof of
not-for-profit status.
6.3 For-profit tourism businesses may be part of
programs submitted for grant programs; however, they must
be a partner of a not-for-profit applicant organization and
may not submit the application.
6.4 Only in-state tourism entities may apply.
6.5 The applicant organization's main product or
program must be intended to attract new visitors and
overnight business.
6.6 Partnerships between four or more tourism entities
are encouraged. Partnerships will receive a 2-to-1 dollar
match instead of a 1-to-1 dollar match.
7.0 Application Requirements
7.1 Incomplete applications will not be considered (see
application for required attachments).
7.2 More than one application may be submitted per
organization.
7.3 All completed applications must be received at the
Delaware Tourism Office at 99 Kings Highway, Dover, DE
19901. Applications will not be accepted after the deadline
or at any other location. Applications may not be submitted
electronically, via fax or email.
7.4 It is the responsibility of the applicant to ensure that
the application is complete and received prior to deadline.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
690 FINAL REGULATIONS
7.5 If the creation of a package is a proposal for a
Matching Funds Grants Program grant, the package must
include a hotel property an accommodation.
7.6 All invoices must be received at the Delaware
Tourism Office, 99 Kings Highway, Dover DE 19901.
8.0 Matching Funds
8.1 All funds must be raised and collected prior to
payment of the award.
8.2 No other state grant funds may be used for the
organization's match.
8.3 Staff salaries, volunteer labor and in kind donations
do not qualify as a match.
9.0 Grant Awards
9.1 Awards will be granted based on the merit of the
program being submitted. The purpose of the Matching
Grants Program is to attract new visitors and overnight
business to Delaware. The goal of the Matching Grants
Program is to increase the visibility of Delaware's tourism
product. Four or more properties working together including
at least one hotel, through a package will be able to receive a
match of 2-to-1 instead of 1-to-1. Only not-for-profit
entities are able to submit matching funds proposals.
However, for-profit businesses are allowed to participate in
partnership programs submitted by not-for-profit
organizations. All package programs must include at least
one hotel property in order to promote overnight business to
Delaware. All projects must tie in to the State Marketing
Plan. There will be no attempt to balance the awards
geographically, politically, or categorically.
10.0 Payments
10.1 Final payments may be requested after all
project completion requirements have been met and proper
documentation is submitted.
10.2 All invoices must be sent to the Delaware
Tourism Office.
11.0 Use of Funds
11.1 Funds may not be used for:
11.1.1 General operating expenses including staff
salaries.
11.1.2 Administrative expenses, including any
commissions, fees or other expenses for administration of
the project.
11.1.3 Food and beverages
11.1.4 Equipment purchase and rental
11.1.5 Business directories
11.1.6 Postage and office supplies
11.1.7 Meeting expenses
11.1.8 Anything contrary to state law.
11.1.9 Other restrictions on the use of the funds
may be added at the time of the award based on the project
definition.
12.0 Project Completion Requirements
12.1 At a minimum the following must be
submitted for final payment:
12.1.1 Completed project report
12.1.2 Invoices
12.1.3 Marketing plan
12.1.4 The Delaware Tourism Office name and
logo brand must be used as well as Delaware Tourism Office
name, phone number and website address must appear on all
created collateral
12.2 Other project completion requirements may be
added at the time of the award based on project definition.
13.0 Applicant Information
13.1 Applicants shall fill out the Matching Grants
Program Applicant Information Sheet as prescribed by the
Delaware Tourism Office. The Applicant Information is
available at: 99 Kings Highway, Dover, DE 19901.
STATE EMPLOYEE BENEFITS
COMMITTEE
Statutory Authority: 29 Delaware Code,
Sections 5210(4), 9602(b)(4)
(29 Del. C. §§ 5210(4), 9602(b)(4))
Order Adopting Rules and Regulations
AND NOW, this 30th day of September, 2002, in
accordance with 29 Del.C. § 10118 and for the reasons
stated hereinafter, the State Employee Benefits Committee
of the State of Delaware (hereinafter "the Committee")
enters this Order adopting amendments to the Group Health
Care Insurance Eligibility and Coverage Rules.
I. Nature of the Proceedings
Pursuant to the Committee's authority under 29 Del.C.
§§ 5210(4) and 9602(b)(4), the Committee proposed to
revise its existing Group Health Care Insurance Eligibility
and Coverage Rules in order to revise several sections of the
rules regarding employee and dependent eligibility, and
termination of coverage following divorce. Other proposed
changes include insertion of new rules requiring submission
of specified documentation to maintain coverage, and a new
rule that clarifies that premiums are collected on a lag basis.
Notice of the public hearing to consider the proposed
amendments to the Group Health Care Insurance Eligibility
and Coverage Rules was published in the Delaware Register
of Regulations dated August 1, 2002, and two Delaware
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 691
newspapers of general circulation, in accordance with 29
Del.C. § 10115 (Committee Exhibits 1-3). The public
hearing was held on September 5, 2002 at 1:00 p.m. in
Dover, Delaware, as duly noticed, and at which a quorum of
the Committee was present. The Committee deliberated and
voted on the proposed revisions to the Group Health Care
Insurance Eligibility and Coverage Rules. This is the
Committee's Decision and Order ADOPTING the
amendments to the Rules and Regulations as proposed.
II. Evidence and Information Submitted
The Committee received no written comments in
response to the notice of intention to adopt the proposed
revisions to the Group Health Care Insurance Eligibility and
Coverage Rules. At the September 5, 2002 hearing, the
Committee received oral comments from Ms. Jill Floore of
the Budget Office, Mr. George Bauder of the Delaware State
Education Association, and Ms. Judy Anderson, also with
the Delaware State Education Association.
Ms. Floore stated that she was presenting comments
based upon internal meetings. She suggested a clarification
to the proposed revisions to Rule 3.02 by adding the word
"optional" in the last sentence so that it reads "failure to
return the signed form(s) will result in termination of
optional health care benefits." Ms. Floore also recommend a
change to the proposed revision for Rule 4.05 by deleting the
word "favorably" in the next to last line. Finally, Ms. Floore
suggested a change to Rule 7.01 that would address an issue
regarding public school employees and the maintenance of
coverage through the summer months.
Mr. Bauder from the Delaware State Education
Association stated that he strongly supported the suggested
clarifications to Rules 3.02 and 4.05. Regarding Rule 3.02,
he stated that it may be difficult to accomplish because there
is so much fluidity in employment status as employees move
from district to district. Mr. Bauder also joined in the
comments regarding Rule 7.01 and expressed concern that
any revision clearly provide that coverage for employees
continue until the end of August. Ms. Anderson from the
Delaware State Education Association requested a
clarification regarding the impact of the amended rules on
non-state participating agencies.
III. Findings of Fact and Conclusions
1. The public was given notice of the proposed
amendments to the Group Health Care Insurance Eligibility
and Coverage Rules and offered an adequate opportunity to
provide the Committee with comments.
2. The proposed amendments to the Group Health
Care Insurance Eligibility and Coverage Rules are necessary
to clarify current rules and establish certain other
requirements for eligibility and coverage. The proposed
amendments will assist employees and pensioners in
understanding the requirements regarding group health care
insurance eligibility and coverage.
3. The Committee concludes that it has statutory
authority to promulgate rules and regulations for the general
administration of the employee benefit coverages pursuant to
29 Del.C. § 9602(b)(4). The Committee further concludes
that it has statutory authority to adopt rules and regulations
for the general administration of the State employees group
health insurance program in accordance with 29 Del.C. §
5210(4).
4. The Committee determined that the oral comments
received during the hearing regarding Rule 7.01 did not
address a published proposed revision to the rules, raised
new substantive issues, and therefore should be addressed at
a future meeting.
5. The Committee concludes that the suggested
revisions made to Rule 3.02 and Rule 4.05 in oral comments
by Ms. Jill Floore are not substantive and clarify the intent of
the proposed revisions to those rules. The Committee,
therefore, finds that it should adopt the proposed nonsubstantive
changes to Rule 3.02 and Rule 4.05 and does so
pursuant to 29 Del.C. §§ 10118(c), 10113.
6. For the foregoing reasons, the Committee
concludes that it is necessary to adopt the proposed
amendments to its Rules and Regulations.
IV. Decision and Order to Adopt Amendments
NOW, THEREFORE, by unanimous vote of a quorum
of the Committee, IT IS ORDERED, that the Group Health
Care Insurance Eligibility and Coverage Rules are approved
and adopted in the exact text as set forth in Exhibit A
attached hereto. The effective date of this Order is ten (10)
days from the date of its publication in the Delaware
Register of Regulations pursuant to 29 Del.C.. § 10118(g).
By Order Of The State Employee Benefits
Committee
(As authenticated by a quorum of the Committee)
Lisa Blunt-Bradley, Chair, State Personnel Director
Jennifer Davis, Acting Budget Director
Russ Larson, Controller General
Jack Markell,State Treasurer
David Singleton, Secretary of Finance
Donna Lee Williams, Insurance Commissioner
State Employee Benefits Committee
Group Health Care Insurance
Employees Eligible To Participate
(Used to determine who may enroll. See "Cost of Coverage"
to determine the amount of State contributions, toward an
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
692 FINAL REGULATIONS
employee's coverage.)
1.00 Pursuant to the authority vested in the State
Employee Benefits Committee by 29 Del. C. §§ 5210(4),
9602(b)(4), the State Employee Benefits Committee adopts
these eligibility and coverage rules for the State of Delaware
Group Health Insurance Program. In the event of a conflict
with the Delaware Code, the Delaware Code takes
precedence over these rules.
1.01 An Employee must meet one of the following
definitions to be eligible for coverage under the State's plan:
a. a permanent full-time employee (regularly
scheduled 30 or more hours per week or 130 or more hours
per month);
b. an elected or appointed official as defined by
29 Del. C. § 5201;
c. a permanent part-time employee (regularly
scheduled to work less than 130 hours per month);
d. a limited term employee (as defined by Merit
Rule 12.0240);
e. a pensioner receiving or eligible to receive a
pension from the State;
f. All per diem and contractual employees of the
Delaware General Assembly who have been continuously
employed for 5 years.
1.02 Those employees who meet the definition
outlined in rule 1.01(a), (b), and (e) are considered "Regular
officers, employees, or pensioners" as outlined by State
Statute and are thus entitled to State Share contributions.
1.03 Temporary, casual and seasonal and substitutes
are not eligible to participate in the state's plan.
1.04 Newly employed school teachers become
eligible employees when they start employment not when
they sign their contract. (Review the Coverage &
Contribution Table for coverage start date - dependent upon
the September hire date). Temporary teachers who are rehired
in September are eligible to elect coverage when rehired.
Temporary teachers who are re-hired in the next
contract year are eligible to elect coverage when re-hired
without fulfilling another 3-month waiting period.
Dependents Eligible to Participate
2.01 An employee's dependents must meet one of
the following definitions to be eligible for coverage under
the State's plan:
a. an employee's legal spouse (Delaware law does
not recognize common law marriage. Ex-spouses may not be
enrolled in the State's group health insurance program – even
if a divorce decree requires an employee to provide coverage
for an ex-spouse);
IMPORTANT NOTE: Spousal Coordination of
Benefits Policy has been in effect since 1/1/93. The policy is
for a spouse who is eligible for health coverage through his
or her own employer. Spouses who work full-time and are
eligible for health coverage through their employer, but do
not enroll under their employer's health plan, will have a
reduction in benefits under the State Health Insurance Plan.
Employees should refer to the individual benefit booklets for
each plan for more detailed information.
b. an unmarried dependent child under age 21
(age 24 if a full-time student), born to or legally adopted by
an eligible employee or an eligible employee's legal spouse;.,
and dependent on the employee, employee's legal spouse, or
ex-spouse for at least fifty (50) percent of support;
c. an unmarried dependent child under age 21 (
age 24 if a full-time student), not born to or legally adopted,
but residing with an eligible employee or an eligible
employee's legal spouse in a regular parent-child relationship
and dependent upon the employee or employee's legal
spouse for at least fifty (50) percent support. A statement of
support form must be completed by the employee and
forwarded with the application for coverage. If a natural
parent resides in the same household as the insured
employee or insured employee's spouse, it will be deemed
that a regular parent child relationship does not exist;
d. an unmarried dependent child born to or legally
adopted by an eligible employee or an eligible employee's
legal spouse over age 21 and dependent upon an eligible
employee or an eligible employee's spouse for support and
incapable of self support because of a mental or physical
disability which existed before the child reached age 21, or
age 24 if a full-time student. The child must have been
covered under your contract immediately preceding age 21,
or age 24 if a full-time student.
e. an eligible dependent child covered under the
health insurance plans of both spouses will be primary to the
spouse's plan whose birthday is the first to occur during the
calendar year. In the event the birth dates are the same, the
dependent child will be primary to the parent with the
longest service. In the event birth dates and length of service
is the same, the dependent child will be primary to the male
parent's plan.
Coverage
3.01 Coverage of an eligible employee and his or
her eligible dependents will become effective on the first of
the month following date of hire provided the employee
submits a signed application within thirty (30) days of the
employee's date of hire or within (30) days of the employee
becoming eligible for the State Share. Refer to COVERAGE
& CONTRIBUTION TABLE for specific coverage date
options for employees who elect coverage when eligible for
State Share.
IMPORTANT: Spousal Coordination of Benefits Policy
became effective 1/1/93 for a spouse who is eligible for
health coverage through his or her own employer. Spouses
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 693
who work full-time and are eligible for health coverage
through their employer, but do not enroll under their
employers' health plan, will have a reduction in benefits
under the State health insurance plan. Employees should
refer to the individual benefit booklets for each plan for more
detailed information.
3.02 Employees must sign an updated enrollment
form and/or confirmation statement during each annual open
enrollment period. Failure to return the signed form(s) will
result in termination of [optional] health care benefits.
3.03 Employees who cover their spouse on their
State of Delaware health care contract must complete a
Spousal Coordination of Benefits Policy Form during the
annual open enrollment period as well as anytime there is a
change in the spouse's employment status. Failure to supply
the Spousal Form along with the enrollment form and/or
confirmation statement could result in the spouse's claims to
be paid at 20%.
3.02 3.04 If an employee elects not to enroll in the
State's Group Health Insurance Program, the employee must
complete and sign an application/enrollment form
acknowledging the desire not to enroll by noting "waive" on
the appropriate form.
3.03 3.05 Eligible employees who fail to submit a
completed and signed application/enrollment form within 30
days of their Start Date or their date of eligibility for State
Share may not join the group until the next open enrollment
period (usually May), unless the employee meets the
requirements of Rule [3.04 3.06].
3.04 3.06 An employee who elects not to join the
State's plan or elects not to enroll their spouse because their
spouse has health coverage and later involuntarily loses the
coverage, the State employee and/or spouse is eligible to join
the State's plan within 30 days of the loss of coverage
without waiting for the next open enrollment period. If such
a change is not made in the time period specified, the eligible
employee/and or spouse must wait until the next open
enrollment period. An increase in employee contribution,
change of benefits or change of carrier of the spouse's plan
shall not constitute loss of coverage.
3.05 3.07 If an employee declines enrollment for
themselves or their dependents (including the spouse)
because of other health insurance coverage, the employee
may in the future be able to enroll themselves or their
dependents in the plan, provided that they request enrollment
within 30 days after the other coverage ends. The eligible
employee who is currently enrolled in the Basic plan, may
increase from Basic to optional coverage upon the spouse's
involuntary loss of coverage and addition to the state
contract, provided application is made within 30 days of the
loss of spouse's coverage. In addition, if the employee has a
new dependent as a result of marriage, birth, adoption, or
placement for adoption, the employee may be able to enroll
themselves and their dependents provided that they request
enrollment within 30 days after the marriage, birth, adoption,
or placement for adoption.
3.06 3.08 When husband and wife are eligible State
employees, the two employees, or each eligible pensioner,
and all eligible dependents may elect to enroll under one
family contract. When the employees are both active, and an
employee & spouse or family contract is chosen, the spouse
whose birthday occurs earlier in the calendar year shall sign
an application for coverage form requesting coverage. A
change of agency is considered re-enrollment. (In the event
the birth dates are the same, length of service and/or gender
will be applied as described in Section 2.01(e)). Beginning
with the effective date of these rules, State Share
contributions for all new enrollments will be charged to the
agency or organization whose employee enrolls the family
for coverage. All enrollments prior to February 1990 shall
continue to be charged to the agency or organization as was
previously determined.
Each employee, or each eligible pensioner,
may elect to enroll under a separate contract. Eligible
dependents may be enrolled under either contract, but no
dependent shall be enrolled more than once under the State
of Delaware Group Health Insurance Program.
The increment of cost of the options
selected by the two employees, which exceeds the cost of
two basic family plans, shall be deducted by the Director of
State Personnel from salary or pension.
3.07 3.09 When the spouse of an eligible employee
is a retired State of Delaware employee receiving a pension,
and enrolled under separate individual contracts, the agency
and the Pension Office will carry the coverage for their
respective employee/pensioner. If an Employee & Spouse,
or a Family contract is chosen, the coverage will continue to
be carried through the active employee's agency until such
time that the Pensioner turns 65. The over age 65 spouse
may continue to have the State's plan as primary payor of
benefits with the contract to continue under the active
employee's agency, or they may choose Medicare as the
primary payor through the Pension Office.
Changes In Coverage
4.01 An eligible employee who elects to be covered
on their EMPLOYMENT COVERAGE DATE may change
coverage when the employee first becomes eligible for the
State Share payment. (Examples: (1) An employee who at
hire enrolls in the "Basic" plan may change to
"Comprehensive PPO" (or another optional coverage) when
they begin State Share contribution, without waiting for the
next open enrollment period. (2) An employee who at hire
enrolls for "Individual" coverage may change to "Individual
and Child(ren)", "Employee and Spouse", or "Family"
coverage when he or she begins to receive State Share,
without waiting for the next open enrollment period.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
694 FINAL REGULATIONS
4.02 When a covered employee marries, coverage
for the spouse will become effective on the date of marriage,
or first (1st) of the month following the date of marriage
provided the employee submits the application to add the
new spouse within 30 days of the date of the marriage.
Premiums are paid on a monthly basis and not pro-rated,
therefore if an employee adds the new spouse effective the
date of the marriage, the employee must remit the difference
in employee contribution for the entire month. The employee
must submit a signed application within thirty (30) days
prior to or thirty days following the date of marriage. If such
a change is not made in the time period specified, a covered
employee must wait until the next open enrollment period to
add the spouse. (Spousal Coordination of Benefits Policy
form must be completed and received with application to add
spouse to coverage).
4.03 Coverage for a child born to an employee or
legal spouse who is covered under the State's plan will begin
on the date of birth provided an application for the child is
made within thirty (30) days of the date of birth and the
required employee contribution, if any is paid. If such a
change is not made in the time period specified, a covered
employee must wait until the next open enrollment period to
add the child. For an employee who has an existing
Employee and Child(ren), or Family type contract, the 30-
day time period does not apply. However, the application to
add the newborn child must be made within a reasonable
time period.
4.04 Coverage for an eligible dependent, other than
a newborn child, who becomes an eligible dependent after
the employee has been enrolled, becomes covered on the
first (1st) day of the month following the acceptance of the
application and applicable payment is made within 30 days
of the date that the family member became eligible.
4.05 An employee who transfers to another agency
or school district that has higher health benefits than the one
he or she is leaving may change the plan and coverage
without waiting until the next open enrollment period may
change the plan and coverage without waiting until the next
open enrollment period if the transfer [favorably] impacts
the employee contribution to their health benefits provided
the employee makes the required change within 30-days of
the transfer.
4.06 Changes in coverage can only be made at the
annual open enrollment period unless coverage is reduced to
"Basic", or unless an employee is making a change due to
divorce, marriage, birth of a child, addition of an eligible
dependent, or transfer as previously outlined in this section.
In the case of divorce, marriage, birth of a child, addition of
eligible dependent, or transfer, the coverage status may
change, but the plan cannot. The employee may change
plans if their spouse has become a State of Delaware
employee entitled to State Share and an Employee & Spouse
or Family contract is chosen. An eligible employee may
change coverage and/or plan if no longer entitled to double
state-share, provided application is made within thirty (30)
calendar days of the qualifying event. An eligible employee
may increase from Basic to optional coverage upon the
spouse's involuntary loss of coverage and addition to the
state contract, provided application is made within 30 days
of the of the loss of the spouse's coverage.
4.07 An eligible employee or an employee's legal
spouse (eligible to receive State Share) who reaches age 65
and becomes eligible for Medicare shall continue to be
covered under the State's plan as the primary payor of
benefits. Employees and dependents eligible for Medicare,
by reason of age or disability, must apply for Medicare Part
A at their first eligibility regardless of their coverage under
the State's plan.
4.08 An employee who becomes eligible for
pension may change their plan at the onset of receiving their
pension.
4.09 An employee who is required by Court or
administrative order to provide health insurance coverage for
a child and the parent is eligible for family health coverage
shall be permitted:
a. To enroll under family coverage any child who
is eligible for such coverage (without regard to any
enrollment season restriction).
b. If the parent is enrolled, but fails to make
application to obtain coverage of the child, the agency shall
enroll the child under such family coverage upon application
by the child's other parent, the Division of Child Support
Enforcement or Division of Social Services.
c. Not disenroll (or eliminate coverage of) any
child unless the employer is provided satisfactory written
evidence such as:
1. The Court or administrative order is no
longer in effect, or
2. The child is or will be enrolled in
comparable health coverage, which will take effect no later
than the effective date of such disenrollment.
4.10 When a covered employee divorces, coverage
for the ex-spouse will terminate on the date of divorce.
Premiums are paid on a monthly basis and not prorated. The
employee must remit the employee contribution for the plan,
which included the spouse for the entire month. The
employee must submit a signed application within thirty (30)
days prior to or 30 days following the date of divorce. If
double state share terminates as a result of the divorce, the
employee must pay the employee contribution for the entire
month that the divorce occurred.
Cost Of Coverage
(Used to determine the amount of State Share contributed
toward an employee's coverage and the amount of employee
contributions required, if any.)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 695
5.01 "Regular officers and employees' begin earning
State Share contributions on the first of the month following
90 days employment. See COVERAGE AND
CONTRIBUTION TABLE for specific information
regarding State Share payments and employee payroll
deductions for employees who elect coverage when eligible
for State Share.
5.02 Permanent part-time, limited term and per
diem and contractual employees of the General Assembly as
described in Section 1.01 are eligible to participate in the
group, but are not eligible for State Share. Therefore, if they
join the plan they must pay the full cost of the health plan
they select. Payment must be collected by the organization
and forwarded to the SPO Benefits Administration
Accounting Unit by the first day of the month for which the
employee's coverage becomes effective. If an existing fulltime
state employee takes a limited term position, State
Share shall continue. Temporary, casual, and seasonal
employees are not eligible to participate nor are they eligible
for State Share.
5.03 When a husband and wife are both permanent
full-time active employees, they shall earn state share
contributions in accordance with the following:
a. If they elect to enroll in two individual
contracts, the increment of cost of the options selected by the
two employees which exceeds the cost of two basic family
plans, shall be deducted by the State Treasurer from salary or
pension.
b. If they elect to enroll in one employee &
spouse or family contract, the increment of cost of the option
selected by the employee which exceeds the cost of two
basic family plans, shall be deducted by the State Treasurer
from salary or pension.
5.04 When the spouse of an eligible employee is a
retired State of Delaware employee receiving monthly
pension, they may enroll as two individual contracts,
employee and spouse contract, or a family contract. The
increment of cost of the option selected by the employee
which exceeds the cost of two basic family plans, shall be
deducted by the State Treasurer from salary or pension. (A
notation should be made in the employee's file that their
spouse is a State of Delaware Pensioner. The Pension Office
should be notified if the active employee terminates State
Service.)
5.05 An eligible employee who elects to be covered
prior to becoming eligible for State Share must pay the full
cost of coverage until State Share begins.
5.06 If an employee selects coverage under an
optional plan, the employee is responsible for paying the
additional cost, if any, over and above the cost of the same
coverage class (individual, employee & child(ren), employee
& spouse, or family) under the "Basic" plan.
5.07 An employee who is eligible for the State
Share contribution may not receive the cash equivalent in
lieu of the coverage itself.
5.08 Coverage, employee contributions, and State
Share occur on a "Pay As You Go" basis.( i.e. Deductions
for May coverage take place from the first two pay advice's
in May.) As of July 1, 2001, premiums are collected on a lag
basis. (Example: January coverage is paid by deduction in
the second pay of January plus deduction in the first pay of
February). Each agency/school district/sub-group is
responsible for reconciling premiums to assure proper
employee/state share premiums have been remitted.
Payments other than those made through the payroll system
and all adjustments must be submitted in a timely manner to
the SPO Benefits Accounting Unit. The Group Health
Insurance Program will not be responsible for payment of
premiums and/or claims if a signed enrollment form/
confirmation statement/waiver is not in the employee file.
5.09 An eligible employee who returns from an
authorized unpaid leave of absence is entitled to State Share
payments upon return without fulfilling another three-(3)
month waiting period. The employee must make application
with their Human Resources Office for coverage within 30
days of return from leave of absence.
5.10 Any State employee who fails to make
payment for his or her share of the cost of health coverage
when he or she is eligible to continue coverage and does not
have a pay advice from which payment can be deducted will
have coverage canceled on the first (1st) day of the month
following any month that an employee fails to pay the
required share for the coverage selected.
(The Family and Medical Leave Act (FMLA)
regulations provide that employees have a 30-day grace
period for late premium payments. The employer's
obligation to maintain health coverage ceases if an
employee's premium payment is more than 30 days late.
Agency personnel representatives should continue the
employee's health coverage for the 30-day period provided
under FMLA. The personnel representative can then do a
retroactive cancellation if the required employee
contribution was not paid by the end of the 30-day grace
period.)
5.11 An employee who has a break in active
employment due to authorized leave of absence, suspension,
termination or unauthorized leave of absence without pay for
a full calendar month, shall not be eligible for State Share for
that calendar month and any subsequent calendar month that
the employee is in a non-pay status for the entire calendar
month. In the case of an authorized leave of absence, an
intermittent return to work or use of paid leave of less than 5
days in one month, shall not entitle the employee to State
Share contributions. Full payment must be made for the
month in order to retain coverage. Upon return, the
employee is eligible for State Share without fulfilling
another three month waiting period, provided the break was
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
696 FINAL REGULATIONS
the result of any of the following:
a. an authorized leave of absence;
b. a suspension without pay;
c. termination or unauthorized leave of absence
for a period less than 30 calendar days.
5.12 The State Share will be paid for employees that
are drawing Workers' compensation, provided the employee
is not eligible for coverage from a subsequent employer.
Such an employee must submit payment for their share of
their coverage that would normally be deducted from their
pay advice.
5.13 Any employee who has paid the State Share in
order to insure continuation of health coverage then later is
found to have been eligible for receipt of State Share is to be
refunded the amount that was not paid by the State. In
accordance with Delaware Code Title 10, Chapter 81,
Subsection 8111, there is a one-year statute of limitations
that applies to such a refund and an employee must make
application for the refund within this time limit. Refunds of
less than $1.00 will not be made.
5.14 Teachers who are granted a sabbatical leave of
absence are eligible for State Share while they are on such
leave.
5.15 All employees whose positions are
involuntarily terminated after they have been employed for a
full year who return to full-time State employment within 24
months of their termination will be eligible for State Share
without fulfilling another three month qualification period.
5.16 A temporary, casual, seasonal, limited term
employee, or substitute who becomes a "Regular Officer or
Employee" shall have his or her unbroken temporary, casual,
seasonal, or limited term, provisional or permanent part-time
"Aggregate State Service" applied toward their three month
qualification period for State Share contributions. The
"Aggregate State Service" must immediately precede
becoming a "Regular Officer or Employee". The temporary,
casual, seasonal, limited term employee, or substitute must
have worked each pay cycle for the 3 (three) months prior to
hire eligibility for state share – or last 3 (three) full months of
the school year prior to September hire.
5.17 State Share shall continue for a "Regular
Officer or Employee" who is temporarily appointed to a
position that results in a dual incumbency.
5.18 Any active employee who is also receiving a
survivor's pension through the State of Delaware shall
receive double State Share. The increment of cost, which
exceeds the cost of two basic family plans, shall be deducted
by the Director of State Personnel from salary.
5.19 Beginning July 1, 1994, a regular officer or
employee called to active duty with Guard or Reserve for
other than training purposes shall continue to receive state
contributions toward health insurance coverage for a period
of up to 180 days.
Continuation Of Coverage
6.01 To continue optional coverage, a covered
employee must pay the difference between the State Share
contribution and the cost of the coverage selected; otherwise
, their coverage will revert back to "Basic".
6.02 An employee granted an unpaid authorized
leave of absence can maintain membership in the group
health plan by paying the full cost of coverage (State Share
plus employee contribution) during the period of the leave as
long as that leave of absence does not exceed two (2) years.
An employee who returns from an authorized leave of
absence, whether he or she maintains coverage or not while
on leave of absence, is authorized to receive State Share
upon return. (Eligibility for State share begins upon return
without fulfilling another three-month qualification period).
An employee on FMLA leave is entitled to have pre-existing
health insurance benefits (including the State of Delaware's
share of the monthly cost) maintained while on an FMLA
leave. If an employee was paying all or part of the premium
payments prior to leave, the employee would continue to pay
their share during the leave period. Failure to make such
contribution within 30 days of the due date will result in
termination of coverage.
6.03 Optional coverage continues for teachers who
are granted sabbatical leave provided they make the required
payments for their share of the cost of their coverage;
otherwise, their coverage reverts back to "Basic". (State
Share continues while they are on sabbatical leave.)
6.04 Employees leaving State Service, except for
termination due to gross misconduct, are eligible for
continuation under Federal COBRA legislation. Employees
should call CobraServ at 1-800-877-7994 for details of this
continuation option.
6.05 An eligible employee or eligible dependent that
loses coverage under the State's group health care insurance
program may continue coverage under COBRA. Upon
expiration of the covered individual's COBRA eligibility, the
individual may apply directly to the insurance company for a
direct billed contract.
Termination Of Coverage
7.01 Coverage ends on the last day of the month in
which the employee terminates employment. In the event an
Employee fails to make the required contributions for any
optional coverage selected, coverage will revert to "Basic"
coverage on the first day of the month for which the
Employee failed to make the required contribution. If an
employee works one day in the month in which they
terminate, they shall earn state share for the entire month.
7.02 Coverage (and dependent coverage, if
applicable) ends as of the end of the month in which the
employee ceases to be an eligible employee for coverage
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
FINAL REGULATIONS 697
(due to some change such as a reduction in the number of
hours the employee works), or the end of the month in which
an employee terminates employment.
7.03 Coverage of dependents, except for dependents
of pensioners and dependents eligible for a survivor's
pension, ends as of the last day of the month of the
employee's death. Dependents who lose coverage as a result
of the employee's death are eligible for continuation under
Federal COBRA legislation. Contact CobraServ at 1-800-
877-7994 for details of this continuation option.
7.04 Ex-spouses are not eligible for coverage under
the State's plan. Ex-spouse's coverage ends on the last day of
the month following divorce by the employee completing an
application form stating "divorce" as the reason for the
change. Notification must be made in writing by the exspouse
losing coverage within 60 days of the date of the
divorce in order to preserve the spouses' rights under
COBRA. Ex-spouses not employed by the state are not
eligible for coverage under the State's plan. Coverage for the
ex-spouse will terminate on the date of divorce. Premiums
are paid on a monthly basis and not prorated. The employee
must remit the employee contribution for the plan, which
included the spouse for the entire month. The employee must
submit a signed application within thirty (30) days prior to or
thirty (30) days following the date of divorce. If double state
share terminates as a result of the divorce, each state
employee must pay the employee contribution for the entire
month that the divorce occurred. The Group Health
Insurance Program will not be responsible for payment of
claims when a dependent is no longer eligible for coverage.
7.05 Coverage for a dependent child will end the
earlier of the following:
a. December 31st of the year in which he or she
reaches age 21. If a full-time student coverage will end on
the earlier of the following: (1) the end of the month in
which the dependent child is no longer a full-time student, or
(2) the end of the month in which the dependent child attains
age 24.)
b. The last day of the month in which the child
marries;
c. The date the child ceases to be dependent on
you or your spouse for at least 50% support per Sections
2.01(c),(d).
(The Family and Medical Leave Act (FMLA) regulations
provide that employees have a 30-day grace period for late
premium payments. The Employer's obligation to maintain
health coverage ceases if an employee's premium payment is
more that 30 days late. Agency personnel representatives
should continue the employee's health coverage for the 30-
day period provided under FMLA. The personnel
representative can then do a retroactive cancellation if the
required employee contribution was not paid by the end of
the 30-day grace period.)
Reinstatement of Coverage
8.01 Once an employee has requested that his or her
coverage be canceled, he or she cannot rejoin the State's plan
until the next annual open enrollment period unless such
employee qualifies under the rules of the exceptions (see
rules 3.03 or 5.10).
8.02 An employee who returns from an authorized
leave of absence not exceeding 24 months in duration who
does not maintain coverage while on leave of absence, is
permitted to enroll upon return without waiting for the next
open enrollment period, provided the employee submits a
signed application within thirty (30) days of return and pays
the required employee contribution, if any. Coverage shall
become effective the 1st of the month will begin as of the
date the employee returns from leave following completion
of the application and payment of any required employee
contribution. Premiums are paid on a monthly basis and are
not prorated.
8.03 Employees whose positions are involuntarily
terminated after they have been employed for a full year (or
full school year) will be eligible for State Share if they return
to full-time State employment within 24 months of the
termination.
Miscellaneous
9.01 It is the responsibility of the employee to keep
his or her agency personnel representative informed of any
change of address or in status which results in the adding or
dropping of dependents (marriage, divorce, birth, death,
adoption, etc.) that affects their health care coverage. In turn,
it is the responsibility of the personnel representative to
make the make the necessary changes in the PHRST system,
or to notify the State Personnel Office Benefits Unit of these
changes. Failure to do so may affect eligibility of coverage
or extent of coverage for any participant and could impose
an extreme hardship on an employee. The State of Delaware
Group Health Insurance Program will not be responsible for
payment of premiums and/or claims in the event of
ineligibility and/or the absence of a signed enrollment form/
confirmation statement in the employee file.
9.02 If any provision of these Rules and Regulations
or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other provisions
or application of the Rules and Regulations which can be
given effect without the invalid provision or application, to
that end the provisions of these Rules and Regulations are
declared to be severable.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
698 GOVERNOR’S EXECUTIVE ORDERS
STATE OF DELAWARE
EXECUTIVE DEPARTMENT
DOVER
EXECUTIVE ORDER
NUMBER THIRTY-FOUR
RE: TERMINATING DROUGHT EMERGENCY
WHEREAS, I have been advised that the drought
conditions described in Executive Order No. 32, issued
August 2, 2002, and Executive Order No. 33, issued August
15, 2002, have abated to some degree; and
WHEREAS, I have been advised that mandatory water
restrictions are no longer necessary to protect the property,
public health, or safety of Delawareans;
I, RUTH ANN MINNER, BY VIRTUE OF THE
AUTHORITY VESTED IN ME AS GOVERNOR OF
THE STATE OF DELAWARE, DO HEREBY
DECLARE AND ORDER ON THIS ELEVENTH DAY
OF OCTOBER, 2002;
1. The state of emergency created by Executive Order
No. 32 is hereby terminated, for the reasons stated above.
2. The specific rules, powers, authority, and sanctions
described in Executive Orders No. 32 and 33 are not to be
invoked to the extent that they are inconsistent with
Delaware statute and common law, provided that
prosecutions for violations of Executive Orders 32 and 33
shall remain valid.
3. Executive Order No. 29, creating a statewide
drought warning, remains in effect, as do all of the rules
described in that Order.
Ruth Ann Minner, Governor
Attest:
Richard J. Geisenberger, Assistant Secretary of State
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
GOVERNOR’S APPOINTMENTS 699
BOARD/COMMISSION TERM OF
OFFICE APPOINTEE OFFICE
Delaware Commission for Women
Delaware Open Space Coucil
State Fire Prevention Commission
Technology Investment Council
Ms. Michele D. Allen 9/25/05
Ms. Jayne E. Armstrong 9/25/05
Ms. Linda M. Brown 10/10/05
Ms. Mary C. Davis 9/30/02
Ms. Muriel E. Gilman 9/30/05
Ms. Ann Grunert 9/24/05
Ms. Catharine A. Kanefsky 9/27/05
Ms. Carol Ann Weisenfeld 9/30/05
Ms. Laura A. Yiengst 10/1/05
Hon. Nathan Hayward III 10/3/06
Mr. Paul H. Boswell 10/3/06
Mr. Donald J. Lynch 10/3/06
John Mackenzie, Ph.D. 10/3/06
Mr. Harry K. Terry 10/3/06
Ms. Lynn W. Williams 10/3/06
Mr. Dale A. Callaway 9/13/03
Mr. Ronald P. Coupe Pleasure of the
Governor
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
700 GENERAL NOTICES
DEPARTMENT OF INSURANCE
Statutory Authority: 18 Delaware Code
Sections 311 and 2312 (18 Del.C. §§ 311, 2312)
FORMS AND RATES BULLETIN 23
DATA REQUIREMENTS FOR FILINGS OF MANUAL
RATES FOR ALL PROPERTY/CASUALTY LINES OF
BUSINESS
Revised September 23, 2002
All property/casualty filings submitted to the Delaware
Insurance Department must contain sufficient information to
allow the Insurance Department to independently calculate
rate level indications, and thoroughly review any other
proposed changes. Each rate filing should contain, but not
necessarily be limited to, the following data:
1. Earned Premium
Earned premiums should be reported on an actual basis
and on a current rate level basis for all coverages. An
explanation of the current rate level calculation should also
be provided.
2. Loss & Loss Adjustment Expense
The rate level calculations should be based on at least
the latest three calendar/accident years of actual incurred
loss and allocated loss adjustment expense (ALAE) data.
The actual incurred loss and ALAE data should then be
adjusted for trend, loss development and unallocated loss
adjustment expense (ULAE). All pertinent calculations and
background exhibits, including explanations of the
methodologies used, should be provided to the Insurance
Department. Loss development triangles should be provided
for both paid and incurred loss and ALAE for Delaware and
countrywide, with the countrywide data including only tort
states. Separate ULAE factors should be calculated for
liability and physical damage coverages.
3. Permissible Loss and Loss Adjustment Expense
(LAE) Ratio
The permissible loss and LAE ratio should reflect
countrywide incurred annual expense and countrywide
premium on a collected level for the latest three calendar
years with the exception of commission and premium tax,
licenses and fees provisions. Provisions for commission and
premium tax, licenses and fees are to be based on Delaware
experience for the latest three calendar years. The actual
expenses incurred and collected premium level underlying
each ratio should be provided. In addition, investment
income should also be reflected in the calculation of the
permissible loss and LAE ratio.
4. Investment Income
Investment income should be calculated according to
the "State X" Method.
5. Rating System Changes
All changes to the present rating system should be
shown separately and the premium effect for each proposed
change for each coverage should be calculated. All
justification for the proposed rating system changes should
also be included in the filing.
6. Exceptions
If there are any exceptions from the aforementioned
points, they should be described in detail in the rate filing.
Data supporting these deviations should be provided. For
example, if a pure premium ratemaking methodology is
utilized, full supporting data should be provided.
This Bulletin shall become effective immediately and
shall be applied prospectively. Prior editions of this Bulletin
are rescinded as of the effective date hereof and any filing
submitted prior to September 1, 2002 shall not be required to
meet the requirements of this revision. Filings made after
September 1, 2002 shall be revised to meet the requirements
of this revision on or before October 31, 2002. All filings
received after October 31, 2002 that do not conform to the
data requirements of this Bulletin, shall be returned and the
filer shall not be permitted to submit rate revision filings for
the pertinent line of business for a period of 6 months from
the date the Delaware Insurance Department returned the
filing.
Donna Lee H. Williams, Insurance Commissioner
NOTE: The Delaware Insurance Department assumes
that the material in this Bulletin is self-explanatory.
However, it recognizes that questions may arise. It is
suggested that all questions be resolved prior to the
submission of proposed rate changes. Questions should be
submitted in writing to the Delaware Insurance Department,
Attention: Rating Section, 841 Silver Lake Boulevard,
Dover, Delaware 19904-2465.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
CALENDAR OF EVENTS/HEARING NOTICES 701
DEPARTMENT OF
ADMINISTRATIVE SERVICES
DIVISION OF PROFESSIONAL REGULATION
BOARD OF PLUMBING EXAMINERS
The Delaware Board of Plumbing Examiners in
accordance with 24 Del.C. §1805(2) has proposed
comprehensive changes to its rules and regulations. The
changes implement the recommendations of the Joint Sunset
Committee. The changes eliminate provisions that repeat the
statute or exceed the statutory authority. The Council
proposes a new definition of "Direct Supervision" in 3.1.2.
The pre-examination application procedure is clarified. The
reciprocity rule in 5.1 has been modified to indicate the
standards for licensure in the licensee’s state must be
"equivalent to" and not the "same as" the standards in
Delaware. Disciplinary proceedings are described by
reference to the statute. The web address is included for
convenient access to forms and information.
A public hearing will be held at 9:00 a.m. on December
3, 2002 in the second floor conference room A 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
Plumbing Examiners, 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
BOARD OF VETERINARY MEDICINE
PLEASE TAKE NOTICE, that pursuant to 29 Del.C.
Chapter 101 and 24 Del.C. Section 3306(a)(1), the Delaware
State Board of Veterinary Medicine proposes to add to its
rules and regulations. The proposed addition concerns
advertising and provision of emergency services. The
proposed addition seeks to define unprofessional conduct for
a veterinarian as advertising an emergency hospital or clinic
or emergency services without including in the
advertisement the hours during which such emergency
services are provided and the availability of the veterinarian
who is to provide the emergency services, or failing to
provide such services during the hours advertised. The
availability of the veterinarian who is to provide emergency
service shall be specified as either "veterinarian on
premises" or "veterinarian on call." The phrase
"veterinarian on call" shall mean that a veterinarian is not
present at the hospital, but is able to respond within a
reasonable time to requests for emergency services and has
been designated to so respond. prescribing medication
without examining the animal(s) within a period of a year.
The proposed regulation serves to implement or clarify
Section 3313(a)(1) of 24 Del. C. Chapter 33.
A public hearing will be held on the proposed Rules and
Regulations on Tuesday, December 17, 2002 at 1:00 p.m., in
the Second Floor Conference Room A of the Cannon
Building, 861 Silver Lake Boulevard, Dover, Delaware,
19904. The Board will receive and consider input in writing
from any person on the proposed Rules and Regulations.
Any written comments should be submitted to the Board in
care of Susan Miccio 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 notify Susan Miccio at the above
address by calling (302) 744-4506.
This notice will be published in two newspapers of
general circulation not less than twenty (20) days prior to the
date of the hearing.
DEPARTMENT OF AGRICULTURE
DELAWARE FOREST SERVICE
State Forest Regulations
The Department proposes these regulations pursuant to
3 Del.C. 1008 and 1011. The State Forests of Delaware are
open to the public for all legal forms of recreation and
enjoyment. The following rules and regulations were
developed to ensure that these publicly owned lands are
conserved, protected, and maintained for the benefit of all.
These regulations are a total rewrite of those regulations
proposed at 2 DE Reg. 348, (9/1/98).
The proposed regulations will be considered at a public
hearing scheduled for December 6, 2002 at 1:00 p.m. at the
Delaware Department of Agriculture Building Conference
Room. Copies of the proposed regulations may be obtained
from the State Forester’s Office. Public comments may be
submitted in writing to E. Austin Short, III on or before
December 6, 2002 and/or in person at the public hearing.
The Delaware Department of Agriculture is located at 2320
South DuPont Highway, Dover, Delaware and the telephone
number is (302) 698-4500.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
702 CALENDAR OF EVENTS/HEARING NOTICES
THOROUGHBRED RACING COMMISSION
The Delaware Thoroughbred Racing Commission
proposes to enact a new Rule 15.13. The proposed rule
would provide as follows:
1) prohibit possession of an instrument used for shock
wave therapy on the licensee’s race track; 2) provide that no
horse may be treated with any form of shock wave therapy
within ten days of racing; 3) provide that the administration
of shock wave therapy may only be performed by a licensed
veterinarian who must document treatment in the daily
medication report; and 4)impose penalties on trainers and
veterinarians for violations.
The Commission will accept written comments from
November 1, 2002 through January 5, 2003. The
Commission will hold a public hearing on the proposed rule
on January 6, 2003 at 10:00 a.m. at the Department of
Agriculture, 2320 S. DuPont Highway, Dover, DE 19901.
Written comments should be submitted to John Wayne,
Administrator of Racing, at the Department of Agriculture.
STATE BOARD OF EDUCATION
The State Board of Education will hold its monthly
meeting on Thursday, November 15, 2002 at 1:00 p.m. in the
Townsend Building, Dover, Delaware.
DEPARTMENT OF HEALTH AND
SOCIAL SERVICES
DIVISION OF LONG TERM CARE RESIDENTS
PROTECTION
Regulations for Criminal History Checks and Drug
Testing for Home Health Agencies
Public Notice
The Department of Health and Social Services (DHSS),
Division of Long Term Care Residents Protection, has
drafted proposed Regulations for Criminal History Checks
and Drug Testing for Home Health Agencies pursuant to 16
Del. C., Sections 1145(f) and 1146(f). These regulations
address issues including criteria for unsuitability for
employment, confidentiality and the responsibilities of
employers, applicants and the Department with respect to
criminal history checks and drug testing for applicants for
employment by home health agencies and/or private
healthcare givers in a resident’s home or home of residence.
Invitation For Public Comment
Public hearings will be held as follows:
Monday, December 2, 2002, 10:00 AM
Department of Natural Resources & Environmental
Control
89 Kings Highway
Dover
Tuesday, December 3, 2002, 9:00 AM
Room 301, Main Building
Herman Holloway Campus
1901 N. DuPont Highway
New Castle
For clarification or directions, please call Gina
Loughery at 302-577-6661.
Written comments on these proposed regulations should be
sent to:
John Thomas Murray
Division of LongTerm Care Residents Protection
3 Mill Road, Suite 308
Wilmington, DE 19806
Written comments will be accepted until the conclusion
of the December 3, 2002 public hearing.
DIVISION OF PUBLIC HEALTH
OFFICE OF EMERGENCY MEDICAL SERVICES
Notice Of Public Hearing
The Office of Emergency Medical Services, Division of
Public Health, Department of Health and Social Services
will hold a public hearing to discuss the proposed Delaware
EMS Pre-Hospital Advanced Care Directive Regulations.
The public hearing will be held on Tuesday, November
26, 2002 at 9:00 AM in the Conference Room of the Office
of Emergency Medical Services, Blue Hen Corporate
Center, Suite 4-H, 655 S. Bay Road, Dover, Delaware.
Copies of the proposed regulations are available for
review by contacting:
Office of Emergency Medical Services
Blue Hen Corporate Center, Suite 4-H
655 Bay Road
Dover, Delaware 19901
Telephone: (302) 739-4710
Anyone wishing to present his or her oral comments at
this hearing should contact Debbie Vincent at (302) 739-
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
CALENDAR OF EVENTS/HEARING NOTICES 703
4710 by Friday, November 22, 2002. Anyone wishing to
submit written comments as a supplement to or in lieu of oral
testimony should submit such comments by December 1,
2002 to:
David P. Walton, Hearing Officer
Division of Public Health
P.O. Box 637
Dover, Delaware 19903-0637
DIVISION OF SOCIAL SERVICES
PUBLIC NOTICE
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 107, Delaware Health and Social Services (DHSS) /
Division of Social Services / Cash Assistance Program is
proposing to amend Section 6103 of the Relative Caregivers'
(Non-Parent) Transitional Resource 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
Implementation Unit, Division of Social Services, P.O. Box
906, New Castle, Delaware by November 30, 2002.
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
PUBLIC NOTICE
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 107, Delaware Health and Social Services (DHSS) /
Division of Social Services / Medicaid/Medical Assistance
Program is proposing to amend the Title XIX Medicaid State
Plan to provide an inpatient hospital care reimbursement
methodology for interim payments.
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
Implementation Unit, Division of Social Services, P.O. Box
906, New Castle, Delaware by November 30, 2002.
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 INSURANCE
Notice of Public Hearing
Insurance Commissioner Donna Lee H. Williams
hereby gives notice that a public hearing will be held on
Tuesday December 3, 2002, at 2:00 p.m. in the Executive
Conference Room of the Delaware Department of Insurance,
841 Silver Lake Boulevard, Dover, Delaware. The hearing is
to consider amendments to Regulation 80 relating to the
standards for prompt, fair and equitable settlement of claims
for health care services.
The purpose for amending Regulation 80 is to re-define
certain terms and to reduce the number of days in which a
health insurer may pay a clean claim from 45 to 30.
Additionally, the regulation will be re-numbered to conform
to the format required by the Registrar of Regulations.
The hearing will be conducted in accordance with the
Delaware Administrative Procedures Act, 29 Del. C.
Chapter 101. Comments are being solicited from any
interested party. Comments may be in writing or may be
presented orally at the Hearing. Written comments must be
received by the Department of Insurance no later than
Tuesday December 3, 2002, at 2:00 p.m. and should be
addressed to Deputy Attorney General Michael J. Rich,
Delaware Department of Insurance, 841 Silver Lake
Boulevard, Dover, DE 19904. Those wishing to testify or
give an oral statement must notify Michael J. Rich at (302)
739-4251, Ext. 171 no later than Monday, December 2,
2002.
Notice of Public Hearing
Insurance Commissioner Donna Lee H. Williams
hereby gives notice that a PUBLIC HEARING will be held
on Tuesday, December 3, 2002 at 9:30 a.m. in the Second
Floor Conference Room of the Delaware Department of
Insurance, 841 Silver Lake Boulevard, Dover, Delaware.
The Hearing is to consider implementation of Regulation 86
entitled "Standards for Safeguarding Customer
Information."
The purpose of the Regulation is to establish standards
for developing and implementing administrative, technical
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
704 CALENDAR OF EVENTS/HEARING NOTICES
and physical safeguards to protect the security,
confidentiality and integrity of customer information,
pursuant to Sections 501, 505(b), and 507 of the Gramm-
Leach-Bliley Act, codified at 15 U.S.C. 6801, 6805(b) and
6807.
The Hearing will be conducted in accordance with the
Delaware Administrative Procedures Act, 29 Del. C.
Chapter 101. Comments are being solicited from any
interested party. Comments may be in writing or may be
presented orally at the Hearing. Written comments must be
received by the Department of Insurance no later than
Wednesday, December 4, 2002, and should be addressed to
Deputy Attorney General Michael J. Rich, Delaware
Department of Insurance, 841 Silver Lake Boulevard,
Dover, DE 19904. Those wishing to testify or give an oral
statement must notify Joan Zimmerman at (302) 739-4251,
Ext. 157 no later than Monday, December 2, 2002.
Public Notice
Insurance Commissioner Donna Lee H. Williams
hereby gives public notice of proposed Regulation 87
relating to the USE OF CREDIT INFORMATION by
insurance companies issuing automobile and homeowners
policies in the State of Delaware.
The purposes for promulgating Regulation 87 are:
• To prohibit insurers from engaging in unfair
discrimination in the offering or granting of
insurance due to the grouping of risks based on
criteria which are not actuarially supported and
shown to be relevant to risk.
• To prohibit insurers from engaging in unfair
discrimination in the cancellation or non-renewal of
insurance coverage based on criteria which are not
actuarially supported and shown to be relevant to
risk or experience.
• To assure that consumers, whether on initial
application or renewal, are given notice when credit
reports will be requested and reviewed in
connection with a consumer’s eligibility for and/or
the continuance of insurance coverage and/or a
consumer’s tier or level of premium payment.
• To prohibit the practice of assigning a consumer to
a premium level based solely on the consumer’s
credit rating or credit score.
• To assure that, if used, credit information obtained
by the insurer shall be utilized consistently within
the insurer’s book of business even though one or
more affiliated companies may decline to use credit
information or to utilize credit scoring as a factor in
its rate making.
• To assure that the consumer has adequate relief
from any adverse action taken by an insurer through
the use of credit scoring.
Public hearings will be held in each county. Notice of
the public hearings will be published on the Insurance
Commissioner’s webpage, www.sate.de.us/incom and in the
Delaware State News and News Journal newspapers.
Comments are being solicited from any interested party.
Comments must be in writing and be received by the
Department of Insurance no later than January 24, 2003.
Written comments should be addressed to Deputy Attorney
General Michael J. Rich, Delaware Department of
Insurance, 841 Silver Lake Boulevard, Dover, DE 19904.
DEPARTMENT OF LABOR
DIVISION OF INDUSTRIAL AFFAIRS
Clean Indoor Air Act Regulations
Notice of Public Comment
Interested parties are invited to present their views at the
public hearing which is scheduled as follows:
Friday, November 22, 2002, 9:00 a.m.
Delaware Department of Education Cabinet Room
Room 278, Second Floor
Townsend Building
401 Federal Street
Dover, DE 19901
UNEMPLOYMENT INSURANCE APPEAL BOARD
PLEASE TAKE NOTICE, pursuant to 29 Del. C.
Chapter 101 and 19 Del. C. Section 3321(a), the Delaware
Unemployment Insurance Appeal Board ("Board") proposes
to revise its rules and regulations. The proposed revisions
set forth procedural requirements which apply to appeals and
hearings before the Board. .
A public hearing will be held on the proposed Rules and
Regulations on Wednesday, December 4, 2002 at 9:00 a.m.
in the First Floor Appeals Hearing Room at the Department
of Labor, 4425 N. Market Street, Wilmington, DE 19809.
The Board will receive and consider input in writing from
any person on the proposed Rules and Regulations. Any
written comments should be submitted to the Board in care
of Helen McClure 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 notify Helen McClure at the above
address or by calling (302) 761-8370.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
CALENDAR OF EVENTS/HEARING NOTICES 705
This notice will be published in two newspapers of
general circulation not less than twenty (20) days prior to the
date of the hearing.
DEPARTMENT OF NATURAL
RESOURCES AND
ENVIRONMENTAL CONTROL
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
SAN # 2002-15
Title Of The Regulation
Regulation No. 3, Section 11 (PM10 and PM2.5
Particulates), "Ambient Air Quality Standards"
Brief Synopsis Of The Subject, Substance And Issues:
The Department proposes to revert Delaware’s
Regulation 3, Section 11 Particulate Matter (PM10 ) air
quality standards back to their pre-November, 1999 form.
This action is necessary in response to the March 26, 2002
Court of Appeals decision that vacated EPA’s standards that
were set forth in the 62 FR 38711, dated July 18, 1997. That
decision resulted in the standard contained in DNREC’S
November 3, 1999 State Implementation Plan (SIP)
submittal being less restrictive than the current PM10
National Ambient Air Quality Standards(NAAQS). As a
result, EPA cannot approve Delaware’s SIP revision
containing a less restrictive PM10 NAAQS standard than the
1987 standard.
The impacts of proposed amendments are minimal. The
proposed changes will not change the annual and 24-hour
average concentration standards of 50 ug/m3 and 150 ug/m3,
respectively. The changes are primarily a technical,
procedural change in the Department’s methodology of
determining concentrations from monitored data.
Notice Of Public Comment:
The public comment period for this proposed regulation
will extend through December 1, 2001. Interested parties
may submit comments in writing to: John Sipple, Air
Quality Management Section, 156 South State Street, Dover,
DE 19901, and/or statements and testimony may be
presented either orally or in writing at the public hearing to
be held Tuesday, November 26, 2002 beginning at 6:00 pm
in the DNREC R & R Auditorium, 89 Kings Highway,
Dover DE.
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
SAN # 2002-14
Title Of The Regulation:
Regulation No. 24, Section 10, "Aerospace Coatings"
Brief Synopsis Of The Subject, Substance And Issues:
The Department proposes to revise Regulation No. 24,
Section 10, to correct an error found in the recently
promulgated regulation. Based on the EPA’s final Aerospace
Manufacturing and Rework MACT standard and EPA’s final
Control Technique Guideline (CTG) document "Control of
Volatile Organic Compound Emissions from Coating
Operations at Aerospace Manufacturing and Rework
Operations" issued December 1997, the current definition of
"Fire-Resistant (interior) Coating" is not currently reflected
in Regulation 24. The definition will be changed to correctly
differentiate between civilian aircraft subject to FAA fire
worthiness requirements, and military aircraft and space
applications subject to other flammability requirements.
Notice Of Public Comment:
The public comment period for this proposed regulation
will extend through December 1, 2002. Interested parties
may submit comments in writing during this period to:
Deanna Morozowich, Air Quality Management Section, 156
South State Street, Dover, DE 19901, and/or statements and
testimony may be presented either orally or in writing at the
public hearing to be held Tuesday, November 26, 2002
beginning at 6:00 pm in the R & R Auditorium, 89 Kings
Highway, Dover, Delaware.
DIVISION OF AIR AND WASTE MANAGEMENT
AIR QUALITY MANAGEMENT SECTION
SAN # 2002-19
Title Of The Regulations:
AMENDMENTS TO DELAWARE 2005 RATE-OFPROGRESS
PLAN, and AMENDMENTS TO
DELAWARE PHASE II ATTAINMENT
DEMONSTRATION, toward attainment of the 1-hour
National Ambient Air Quality Standard (NAAQS) for the
ground-level ozone in Kent and New Castle Counties.
Brief Synopsis Of The Subject, Substance And Issues:
The Clean Air Act Amendments of 1990 (CAAA)
requires Delaware to submit to the U.S. Environmental
Protection Agency (EPA) a State Implementation Plan (SIP)
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
706 CALENDAR OF EVENTS/HEARING NOTICES
revision for every three years after 1996 to demonstrate how
Delaware will achieve adequate rate-of-progress in reducing
emissions of volatile organic compounds (VOC) and oxides
of nitrogen (NOx), which are major precursors that form
ground-level ozone. Delaware’s 2005 Rate-of-Progress
Plan, which covers the three-year period from 2003 to 2005,
was submitted to EPA in December 2000. Under the
CAAA, Delaware is also required to develop a SIP revision
to demonstrate its capability of attaining the 1-hour ozone
standard in 2005. This SIP revision, termed as the Phase II
Attainment Demonstration, was amended and submitted to
EPA in January 2000. The purpose of this action is (1) to
amend the 2005 RPP, and (2) to amend the Phase II
Attainment Demonstration to reflect mobile emission
budgets using the Mobile 6 emission model. No other
changes to the plans are proposed.
Notice Of Public Comment:
A public hearing will be held on November 26, 2002
beginning at 6:00 PM in the Richardson and Robbins
Auditorium, 89 Kings Highway, Dover, Delaware.
DEPARTMENT OF
TRANSPORTATION
OFFICE OF PUBLIC CARRIER REGULATION
The Department of Transportation is currently
considering changes to the Delaware Code and its current
regulations pertaining to Public Carriers in the State of
Delaware. These include taxis, limousines, and charter bus
operations.
The Office of Public Carrier Regulation solicits
information, comments and advice from public carriers and
insurance agencies with respect to, but not limited to, the
following issues:
• insurance rates
• operating or commercial distinctions between taxis
and limousines
• raising insurance coverage requirements above the
statutory minimums,
• varying rates according to type of carrier
• vehicle liability limits
• public liability limits
• premises liability limits, if applicable, and
• related topics
A review of the information, comments and advice
offered will be gathered as part of a process to consider the
drafting and introduction of legislation with respect to public
carriers, as well as the drafting of amendments to the
existing regulations.
Those interested should provide written comments by
November 30, 2002 by mail to the following address:
Office of Public Carrier Regulation
Delaware Department of Transportation
800 Bay Road
P.O. Box 778
Dover, DE 19903
If you have any questions regarding this matter, please
contact the Office of Public Carrier Regulation, at 302-760-
2098.
EXECUTIVE DEPARTMENT
DELAWARE ECONOMIC DEVELOPMENT OFFICE
DEPARTMENT OF HEALTH AND SOCIAL
SERVICES AND THE TAX APPEAL BOARD
Title Of Regulation
Neighborhood Assistance Act Tax Credit Program
Regulation
Nature Of Proceedings; Synopsis Of The Subject And
Substance Of The Proposed Regulation
In accordance with procedures set forth in 29 Del. C.
Ch. 11, Subch. III and 29 Del. C. Ch. 101, the Secretary of
the Department of Health and Social Services, the Director
of the Delaware Economic Development Office and the
members of the Tax Appeal Board are proposing to adopt
regulations pertaining to the tax credit set forth in the
Neighborhood Assistance Act, 30 Del. C. §§2001 — 2007.
The regulation sets forth certain definitions pertaining to the
Act and the regulation and explains how to apply for an
NAA Credit and the procedures pertaining to the application
process.
Notice Of Public Hearing; How To Comment On The
Proposed Regulations
Members of the public may receive a copy of the
proposed amendments to the regulation at no charge by
United States Mail by writing or calling Mr. Jack Tarburton,
Delaware Economic Development Office, 99 Kings
Highway, Dover, DE, 19901-7305, phone (302) 739-4271.
The Secretary of the Department of Health and Social
Services, the Director of the Delaware Economic
Development Office and the members of the Tax Appeal
Board, or an employee of the Delaware Economic
Development Office designated by the Secretary, the
Director and the members of the Tax Appeal Board, will
hold a public hearing at which members of the public may
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
CALENDAR OF EVENTS/HEARING NOTICES 707
present comments on the proposed regulation on December
2, 2002 in the conference room of the offices of the
Delaware Economic Development Office on the 10th floor of
the Carvel State Office Building, 820 N. French Street,
Wilmington, DE, 19801 from 5:00 PM to 7:00 PM.
Additionally, members of the public may present written
comments on the proposed regulation by submitting such
written comments to Mr. Jack Tarburton at the address of the
Delaware Economic Development Office set forth above.
Written comments must be received on or before November
30, 2002.
DELAWARE RIVER BASIN
COMMISSION
25 STATE POLICE DRIVE
P.O. BOX 7360
WEST TRENTON, NJ 08628-0360
The Delaware River Basin Commission will meet
Monday, November 25, 2002 in West Trenton, New Jersey.
For more information contact Pamela M. Bush, Commission
Secretary and Assistant General Council, at (609) 883-9500
ext. 203.
STATE EMPLOYEE BENEFITS
COMMITTEE
PLEASE TAKE NOTICE, pursuant to 29 Del. C.
Chapter 101 and 29 Del. C. Sections 5210(4), 9602(b)(4),
the Delaware State Employee Benefits Committee proposes
to revise its Group Health Care Insurance Eligibility and
Coverage Rules. The proposed amendment inserts a new
sentence in Rule 7.01 that clarifies that coverage is retained
under certain circumstances for public school or higher
education employees through the end of the summer.
A public hearing will be held on the proposed revisions
to the Group Health Care Insurance Eligibility and Coverage
Rules on Thursday, December 5, 2002 at 1:00 p.m., in Room
112 of the Tatnall Building, William Penn Street, Dover,
Delaware, 19901. The State Employee Benefits Committee
will receive and consider input in writing from any person on
the proposed revisions to the Group Health Care Insurance
Eligibility and Coverage Rules. Any written comments
should be submitted to the Committee in care of Deborah E.
McCall at the State Personnel Office, Blue Hen Corporate
Center, 655 South Bay Road, Suite 202, Dover, Delaware
19901. The final date to submit written comments shall be at
the above scheduled public hearing. Anyone wishing to
obtain a copy of the proposed Group Health Care Insurance
Eligibility and Coverage Rules or to make comments at the
public hearing should notify Deborah E. McCall at the above
address by calling (302) 739-8331.
This notice will be published in two newspapers of
general circulation not less than twenty (20) days prior to the
date of the hearing.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
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SERVICES ANNUAL COST
One copy of all legislation introduced:
_ Picked up by subscriber *- - - - - - - - - - - - - - - - - - - - - - - - 
$110.00
_ Mailed daily via First Class postage - - - - - - - - - - - - - - - - - - - - 
$850.00
One copy of all legislation signed by the Governor:
_ Mailed via First Class postage - - - - - - - - - - - - - - - - - - - - - 
$215.00
One copy of House and Senate calendars:
_ Picked up by subscriber *- - - - - - - - - - - - - - - - - - - - - - - - 
$110.00
_ Mailed daily via First Class postage - - - - - - - - - - - - - - - - - - - - 
$850.00
One copy of all Governor’s Advisories:
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$30.00
Daily Legislative Agendas and weekly Standing Committee Notices:
_ Via Fax - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $135.00
* Subscribers who choose to pick up their materials at Legislative Hall are 
requested to do so at least once a week, due to
limited on-site file space. Thank you.
If you have any questions about our subscription services, please contact the 
Division of Research by dialing, toll-free, (800)
282-8545 (in state) or via E-Mail at jeffrey.hague@state.de.us. Please dial 
(302) 744-4114 if you are calling from outside
Delaware.
Please return this order form to the Division of Research atP.O. Box 1401, 
Legislative Hall, Dover, Delaware, 19903, or fax it
to (302) 739-3895 as soon as possible. (Don’t forget to make a copy for your own 
files). You will be billed upon our receipt
of your order. Your service(s) will begin, promptly, when payment is received 
and the General Assembly convenes. Thank
you for using the Subscription Services of the Division of Research.
DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002
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DELAWARE REGISTER OF REGULATIONS, VOL. 6, ISSUE 5, FRIDAY, NOVEMBER 1, 2002