O FFICE OF THE 

SECRETARY 

STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

AND ENVIRONMENTAL CONTROL 

89 KINGS HIGHWAY 

DOVER, DELAWARE 19901 

Secretary's Order No.: 2008-A-0034 

RE: Approval as Final Plan the Proposed Revision to the 

PHONE: ( 302) 739-9000 

F AX: ( 302) 739-6242 

State Implementation Plan (SIP): Administrative and Non-Substantive 

Changes to Delaware's Regulations Governing the Control of Air Pollution 

Date of Issuance: August 11, 2008 

Effective Date of th e Amendment: September 11 ,2008 

I. Background 

On Thursday, July 31, 2008, a public hearing was held in the 

Priscilla Building Conference Room of DNREC in Dover to receive public 

comment on a proposed revision to the State Implementation Plan (SIP) 

regarding administrative and non-substantive changes to Delaware's 

Regulations Governing the Control of Air Pollution. The purpose of this 

SIP revision is to make the necessary administrative changes in all existing 

Delaware SIP regulations so that the language uses and the styles are all 

consistent with Delaware's Administrative Code for drafting regulations, to 

wit: the Delaware Manual for Drafting Regulations (March 2006 edition). 

Some additional non-substantive changes and corrections of existing 
clerical errors have been proposed to these SIP regulations by the 

Department at this time as well. 

It should be pointed out that the aforementioned administrative 

changes are completely non-substantive, and that these changes, along 

with the correction of clerical errors as noted above, do not alter the 

regulatory features of any existing individual SIP regulations (i.e., effective 

dates, regulatory limits and/ or requirements, compliance schedules, 

enforcement procedures, etc.). 

No public comment regarding these proposed revisions to the SIP 

regulations were received by the Department, either during the prehearing phase of this matter or at the public hearing itself on July 31, 

2008, nor were any members of the public present at said hearing. 

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 her report and recommendation in the form of a Hearing 

Officer's Report to the Secretary dated August 7, 2008, and that Report is 

expressly incorporated herein by reference. 

II. Findings and Conclusions 

On the basis of the record developed in this matter, it appears that 

the Air Quality Management Section of the Department has provided a 

sound basis for the aforementioned proposed revisions to Delaware's 

State Implementation Plan (SIP) and the SIP regulations. Based upon the 

2 
public record, I agree that the proposed revisions, which are administrative 

and non-substantive in nature, should be approved as the Department's 

final plan at this time, as reflected in the Hearing Officer's Report of 

August 7, 2008, which is attached and expressly incorporated into this 

Order. 

Moreover, the following findings and conclusions are entered at 

this time: 

1. The Department has jurisdiction under its statutory authority 

to make a determination in this proceeding. 

2. The Department provided adequate public notice of the 

proceeding and the public hearing in a manner required by the 

law and regulations. 

3. The Department held a public hearing in a manner required by 

the law and regulations. 

4. Delaware's SIP Regulations Governing the Control of Air 

Pollution, as a result of having been developed by the 

Department over a long period of time (approximately 40 years), 

have adopted different coding and numbering methods and 

styles. These variances have resulted in confusion and 

misunderstandings when updating the same. 

5 . Adoption of the proposed administrative and non-substantive 

revisions to all of Delaware's existing SIP Regulations will result 

in uniform language use and style consistent with the Delaware 

3 
Administrative Code for drafting regulations, to wit: the 

Delaware Manual for Drafting Regulations (March 2006 edition). 

6. The adoption of the proposed SIP revisions, which are strictly 

administrative and non-substantive in nature , will not alter any 

regulatory features of any existing individual SIP regula tions, 

such as effective dates, regula tory limits and/ or requirements, 

compliance schedules, enforcement procedures, etc. 

7. Moreover, the adoption of the proposed SIP revisions to correct 

the clerical errors present in Delaware's current SIP regulation s 

will provide better clarity and a fuller understanding of the 

regulatory language contained within all existing SIP 

regulation s to the general public and the regulated community. 

8. The Department has an adequate record for its decision, and no 

further public hearing is appropriate or necessary; 

9. The Department's proposed revisions to Delaware's current SIP 

regulations, as published in the July 1, 2008 Delaware Register 

of Regulations and set forth within Attachment "A" h ereto, are 

adequately supported, not arbitrary or capnclOus, and 

consistent with the applicable laws and regulations. 

Consequently, it should be approved as final, and shall go into 

effe ct ten days after its publication in the next available issue of 

the Delaware Register of Regulations; 

4 
10. The Department shall submit the revised regulations as final 

regulations to the Delaware Register of Regulations for 

publication in its next available issue, and shall provide written 

notice to the persons affected by the Order. 

III. Order 

It is hereby ordered that the Department's aforementioned proposed 

revisions to Delaware's State Implementation Plan and its SIP regulations 

be made, and that the proposed revisions be promUlgated in final form, 

In accordance with the customary and established rule-making 

procedure required by law. 

IV. Reasons 

The reVISIOns to Delaware's SIP regulations with respect to 

the administrative and non-substantive changes needed at this time will 

not alter the regulatory features of any existing individual SIP regulation, 

and will bring Delaware's current SIP regulations into accordance with 

the Delaware Administrative Code, "Manual for Drafting Regulations 

(March 2006). Furthermore, this promulgation will provide better clarity 

and a fuller understanding of the regulatory language contained within 

all existing SIP regulations to the general public and the regulated 

community, in furtherance of the policy and purposes of 7 Del. C., Ch. 

60. 

\ ahear \ SIP.Admin .Nonsubstam.changes.08 .0RD 

5 

John A. Hugh 

Secretary