O FFICE OF THE SE CRETARY 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 PH ONE: ( 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 rev ision to the State Implementation Plan (SIP) regarding administrative and non-substantive c hanges 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
cons istent 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 correcti ons of existingclerical 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

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### 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

3Administrative Code for drafting regulations, to wit: the Delaware Manual for Drafting Regulations ( Marc h 2006 edition). 6. The ado p tion of the proposed SIP revisions, which are strictly ad ministrative and non- su bs tantive in nature , will not alter any
r egulatory features of any existing individual SIP regula tions , such as effective dates, regula tory limits and/ or requireme nts, 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 r egulation s will provide better clari ty and a fuller unde rstanding of the regulatory language contained within all existing SIP regulatio n s to the gene ral public and the regulated community. 8. The Department has an adequate record for its decision , a nd no further public hearing is appropriate or necessary; 9. The Department's proposed revisions to De laware's current SIP regulations, as published in the July 1, 2008 

### De laware Register ofRegulations 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 shou ld be approved as final, and shall go into ef fe ct ten days after its publication in the next available issue of the 

### Delaware Register of Regu lations;

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### 10. The Department shall submit the revised re gulations as final regulations to the 

### Delaware Registe r of Regulations for publication in its next available issue, and shall provide written notice to the pers ons 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 m ade, and that the proposed revisions be promU lgated in final f orm,
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 S IP regulations into accord ance 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