STATE OF D ELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

AND ENVIRONM E NTAL C ONT ROL 

OFFICE OF T HE 89 K I NGS H IGHWAY 

SECRETARY DOVER, DELAWARE 1 9901 

Mr. Shawn M. Garvin (3RAOO) 

Regional Administrator, Region III 

U.S. Environmental Protection Agency 

1650 Arch Street 

Philadelphia, P A 191 03-2029 

Dear

January 11 , 2013 

PHONE: (302) 739-9000 

FAX: (302) 739-6242 

1 am pleased to submit the enclosed revision to the State of Delaware State 

Implementation Plan (SIP) to include a document that address the requirements of CAA §§ 

11 O(a)(2)(E)(ii) and 128, which relate to disclosure of conflicts of interest. The SIP document 

consists of a determination that the applicable requirements of29 DE Code Chapter 58, "Laws 

Regulating the Conduct of Officers and Employees of the State, " meet the requirements of CAA 

§ 11 0( a)(2)(E)(ii) and 128, and proposes to include these requirements into the SIP. The 

effective date of this revision is December 4, 2012. 

The requirements of the CAA Section 11 O(a)(2)(A) have been met through the normal 

public hearing process established by the State of Delaware with proper notification (30 days) 

prior to the convening of the public hearing. The aforementioned document was made available 

for public review and comment beginning on September 19, 2012. A public hearing was held 

on October 23, 2012. Attachments A and Bare copies of affidavits as proof of proper 

notification. It is the position of the State of Delaware that all minimum requirements set forth 

in the 1990 Clean Air Act Amendments have been met. 

Also enclosed with this submittal is a CD which contains an exact duplicate of the hard 

copy material submitted with this SIP revision package. 
Mr. Shawn M. Garvin (R3AOO) 

January 1 I, 2013 

Page 2 

We look forward to continuing the cooperative effort between Delaware and EPA in this 

important work. As always, feel free to contact me or Ali Mirzakhalili, Director, Division of 

Air Quality, (302) 739-9402, if you have any questions concerning the enclosed documents. 

Enclosures 

cc: Arnie Howell, w/o encl. 

Diana Esher, EPA w/encl. 

Ali Mirzakhalili 

Secretary 
Implementation, Maintenance,

And Enforcement of

National Ambient Air Quality Standards

Revision to Delaware’s

State Implementation Plan 

To Address

Clean Air Act § 110(a)(2)(E)(ii) and § 128

FINAL

December 4, 2012

Delaware Department of Natural Resources and 

Environmental Control, Division of Air Quality
2

TABLE OF CONTENTS

1.0 Introduction and Background

2.0 Delaware’s plan to comply with CAA § 110(a)(2)(E)(ii) and § 128

3.0 Conclusion
3

1.0 Introduction and Background

A State Implementation Plan (“SIP”) is a state plan that identifies how that state will attain and 

maintain air quality that conforms to each primary and secondary National Ambient Air Quality 

Standard (”NAAQS”). The SIP is a complex, fluid document containing regulations, sourcespecific requirements, and non-regulatory items such as plans and emission inventories.

Delaware’s initial SIP was approved by the US Environmental Protection Agency (EPA) on May 

31, 1972. Since this initial approval the Delaware SIP has been revised numerous times to 

address air quality non-attainment and maintenance issues. The revisions consisted of updated 

plans and inventories, and new and revised regulatory control requirements. Delaware’s SIP is 

compiled at 40 C.F.R. Part 52 Subpart I. 

Clean Air Act (CAA) § 110(a)(2)(E)(ii) requires the SIP to provide “requirements that the State 

comply with the requirements respecting State boards under section 128 of this title.” CAA § 

128, “State Boards,” requires:

(a) Not later than the date one year after August 7, 1977, each applicable 

implementation plan shall contain requirements that—

(1) any board or body which approves permits or enforcement orders under this 

chapter shall have at least a majority of members who represent the public 

interest and do not derive any significant portion of their income from persons 

subject to permits or enforcement orders under this chapter, and 

(2) any potential conflicts of interest by members of such board or body or the 

head of an executive agency with similar powers be adequately disclosed. 

A State may adopt any requirements respecting conflicts of interest for such boards or 

bodies or heads of executive agencies, or any other entities which are more stringent 

than the requirements of paragraph (1) and (2), and the Administrator shall approve any 

such more stringent requirements submitted as part of an implementation plan. 

The purpose of this document is to revise Delaware’s SIP to meet the requirements of CAA § 

110(a)(2)(e)(ii) and § 128. 

2.0 Delaware’s plan to comply with CAA § 110(a)(2)(e)(ii) and § 128.

The requirements of CAA § 128(a)(1) are not applicable to Delaware because it does not have 

any board or body which approves air quality permits or enforcement orders. The requirements 

of CAA § 128(a)(2) are applicable to Delaware because the Department of Natural Resources 

and Environmental Control (DNREC) cabinet level Secretary (i.e., the head of an executive 

agency) makes the referenced decisions. 
4

The conduct of the DNREC Secretary, and that of his employees, is subject to the requirements 

of 29 Del. C. Chapter 58, Laws Regulating the Conduct of Officers and Employees of the State. 

State employees are required to follow the laws in Chapter 58 regarding employee conduct and 

Delaware is incorporating the relevant provisions of Chapter 58 into its SIP. The State of 

Delaware hereby presents the following portions of Chapter 58, Subchapter 1, State Employees’, 

Officers’ and Officials’ Code of Conduct, and Subchapter II, Financial Disclosure, for 

incorporation into the Delaware SIP: 

§ 5804. Definitions. 

For the purposes of this subchapter:

(1) "Close relative" means a person's parents, spouse, children (natural or adopted) 

and siblings of the whole and half-blood.

(2) "Commission" means the State Public Integrity Commission established by this 

chapter.

(3) "Commission Counsel" means the legal counsel appointed by the Commission 

pursuant to this chapter.

(4) "Compensation" means any money, thing of value or any other economic benefit 

of any kind or nature whatsoever conferred on or received by any person in return for 

services rendered or to be rendered by oneself or another. 

(5) A person has a "financial interest" in a private enterprise if:

a. The person has a legal or equitable ownership interest in the enterprise of 

more than 10% (1% or more in the case of a corporation whose stock is regularly traded on 

an established securities market); 

b. The person is associated with the enterprise and received from the 

enterprise during the last calendar year or might reasonably be expected to receive from the 

enterprise during the current or the next calendar year income in excess of $5,000 for 

services as an employee, officer, director, trustee or independent contractor; or 

c. The person is a creditor of a private enterprise in an amount equal to 10% 

or more of the debt of that enterprise (1% or more in the case of a corporation whose 

securities are regularly traded on an established securities market). 

(6) "Honorary state official" means a person who serves as an appointed member, 

trustee, director or the like of any state agency and who receives or reasonably expects to 

receive not more than $5,000 in compensation for such service in a calendar year (not 

including any reimbursement for expenses). 
5

(7) "Matter" means any application, petition, request, business dealing or 

transaction of any sort.

(8) "Person" means an individual, partnership, corporation, trust, joint venture and 

any other association of individuals or entities. 

(9) "Private enterprise" means any activity conducted by any person, whether 

conducted for profit or not for profit and includes the ownership of real or personal property. 

Private enterprise does not include any activity of the State or of any political subdivision or 

of any agency, authority or instrumentality thereof. 

(10) "State" means the State of Delaware and includes any state agency.

(11) "State agency" means any office, department, board, commission, committee, 

court, school district, board of education and all public bodies existing by virtue of an act of 

the General Assembly or of the Constitution of the State, excepting only political subdivisions 

of the State, their agencies and other public agencies not specifically included in this 

definition which exist by virtue of state law, and whose jurisdiction: 

a. Is limited to a political subdivision of the State or to a portion thereof; or

b. Extends beyond the boundaries of the State.

(12)a. "State employee" means any person:

1. Who receives compensation as an employee of a state agency;

2. Who serves as an appointed member, trustee, director or the like of 

any state agency and who receives or reasonably expects to receive more than $5,000 in 

compensation for such service in a calendar year (not including any reimbursement for 

expenses); or 

3. Who is an elected or appointed school board member.

b. "State employee" does not include:

1. Members of the General Assembly;

2. The Chief Justice and Justices of the Supreme Court;

3. The Chancellor and Vice-Chancellors of the Court of Chancery;

4. The President Judge and Judges of Superior Court;

5. The Chief Judge and Judges of Family Court;
6

6. The Chief Judge and Resident Judges of the Court of Common Pleas;

7. The Chief Magistrate and Justices of the Peace;

8. State officers; or

9. Honorary state officials.

(13) "State officer" means any person who is required by subchapter II of this 

chapter to file a financial disclosure statement but does not include: 

a. Members of the General Assembly;

b. The Chief Justice and Justices of the Supreme Court;

c. The Chancellor and Vice-Chancellors of the Court of Chancery;

d. The President Judge and Judges of Superior Court;

e. The Chief Judge and Judges of Family Court;

f. The Chief Judge and Judges of the Court of Common Pleas; or

g. The Chief Magistrate and Justices of the Peace. 

§ 5805. Prohibitions relating to conflicts of interest. 

(a) Restrictions on exercise of official authority. --

(1) No state employee, state officer or honorary state official may participate on 

behalf of the State in the review or disposition of any matter pending before the State in which 

the state employee, state officer or honorary state official has a personal or private interest, 

provided, that upon request from any person with official responsibility with respect to the 

matter, any such person who has such a personal or private interest may nevertheless respond 

to questions concerning any such matter. A personal or private interest in a matter is an 

interest which tends to impair a person's independence of judgment in the performance of the 

person's duties with respect to that matter. 

(2) A person has an interest which tends to impair the person's independence of 

judgment in the performance of the person's duties with respect to any matter when: 

a. Any action or inaction with respect to the matter would result in a financial 

benefit or detriment to accrue to the person or a close relative to a greater extent than such 

benefit or detriment would accrue to others who are members of the same class or group of 

persons; or 
7

b. The person or a close relative has a financial interest in a private enterprise 

which enterprise or interest would be affected by any action or inaction on a matter to a 

lesser or greater extent than like enterprises or other interests in the same enterprise. 

(3) In any case where a person has a statutory responsibility with respect to action 

or nonaction on any matter where the person has a personal or private interest and there is 

no provision for the delegation of such responsibility to another person, the person may 

exercise responsibility with respect to such matter, provided, that promptly after becoming 

aware of such conflict of interest, the person files a written statement with the Commission 

fully disclosing the personal or private interest and explaining why it is not possible to 

delegate responsibility for the matter to another person. 

(b) Restrictions on representing another's interest before the state. --

(1) No state employee, state officer or honorary state official may represent or 

otherwise assist any private enterprise with respect to any matter before the state agency with 

which the employee, officer or official is associated by employment or appointment. 

(2) No state officer may represent or otherwise assist any private enterprise with 

respect to any matter before the State.

(3) This subsection shall not preclude any state employee, state officer or honorary 

state official from appearing before the State or otherwise assisting any private enterprise 

with respect to any matter in the exercise of such person's official duties. 

(c) Restrictions on contracting with the state. -- No state employee, no state officer and no 

private enterprise in which a state employee or state officer has a legal or equitable 

ownership of more than 10% (more than 1% in the case of a corporation whose stock is 

regularly traded on an established securities market) shall enter into any contract with the 

State (other than an employment contract) unless such contract was made or let after public 

notice and competitive bidding. Such notice and bidding requirements shall not apply to 

contracts not involving more than $2,000 per year if the terms of such contract reflect arms' 

length negotiations. For the period of July 1, 1990 through June 30, 1991, nothing in this 

subsection shall prohibit a state employee, a state officer, or a private enterprise in which a 

state employee or a state officer has a legal or equitable ownership of more than 10% (more 

than 1% in the case of a corporation whose stock is regularly traded on an established 

securities market) from contracting with a public school district and/or the State Board of 

Education for the transportation of school children without public notice and competitive 

bidding as is permitted under § 6923 of this title. 

(f) Criminal sanctions. --

(1) Any person who knowingly or willfully violates any provision of this section shall 

be guilty of a misdemeanor, punishable for each such violation by imprisonment of not more 

than 1 year and by a fine not to exceed $10,000. 
8

(2) A prosecution for a violation of this section shall be subject to the time limitations 

of § 205 of Title 11.

(3) The Superior Court shall have exclusive jurisdiction over prosecution for all 

criminal violations of this section.

(g) Contracts voidable by court action. -- In addition to any other penalty provided by law, 

any contract entered into by any state agency in violation of this subchapter shall be voidable 

by the state agency; provided, that in determining whether any court action should be taken to 

void such a contract pursuant to this subsection, the state agency shall consider the interests 

of innocent 3rd parties who may be damaged thereby. Any court action to void any 

transaction must be initiated within 30 days after the state agency involved has, or should 

have, knowledge of such violation. 

(h) Exceptions for transportation contracts with school districts. -- Except for 

transportation supervisors for any school district within this State, nothing in this section 

shall prohibit an employee or the employee's spouse or children (natural or adopted) from 

contracting for the transportation of school children. Such transportation contracts may be 

entered into by an employee or the employee's spouse or children without public notice and 

competitive bidding as is provided in § 6916 of this title. 

§ 5806. Code of conduct. 

(c) No state employee, state officer, or honorary state official shall acquire a financial 

interest in any private enterprise which such official has reason to believe may be directly 

involved in decisions to be made by such official in an official capacity on behalf of the State. 

(d) Any state employee or state officer who has a financial interest in any private 

enterprise which is subject to the regulatory jurisdiction of, or does business with, any state 

agency (and any honorary state official who has a financial interest in any private enterprise 

which is subject to the regulatory jurisdiction of, or does business with, the state agency on 

which the official serves as an appointee) shall file with the Commission a written statement 

fully disclosing the same. Such disclosure shall be confidential and the Commission shall not 

release such disclosed information, except as may be necessary for the enforcement of this 

chapter. The filing of such disclosure statement shall be a condition of commencing and 

continuing employment or appointed status with the State. 

§ 5812. Definitions. 

(a) "Business enterprise" means corporation, partnership, sole proprietorship or any other 

individual or organization carrying on a business or profession. 

(b) "Capital gain" means capital gains required to be reported to the Internal Revenue 

Service pursuant to federal internal revenue laws. 

(c) "Commission" means the State Public Integrity Commission.
9

(d) "Constructively controlled" means:

(1) A financial interest in the name of another which is controlled by a public officer 

by virtue of any relationship of the public officer to another person and which directly 

benefits the public officer; 

(2) Any financial interest of a public officer held jointly with the spouse or child of 

such public officer;

(3) Any financial interest of the spouse or minor child of a public officer.

(e) "Debt instrument" means bonds, notes, debentures, mortgages or other securities 

having a fixed yield if not convertible to equity instruments. 

(f) "Equity instrument" means any ownership interest in a corporation or other legal entity 

giving rights to the holder upon liquidation of the entity. 

(g) "Fair market value" means, if a security, the quoted price as of January 1 of the year in 

which the report required by § 5813 of this title is filed, or, if not a security, the price at which 

the public officer would sell as of January 1 of the year in which the report required by § 

5813 of this title is filed. 

(h) "Gift" means a payment, subscription, advance, forbearance, rendering or deposit of 

money, services or anything of value unless consideration of equal or greater value is 

received. "Gift" shall not include a political contribution otherwise reported as required by 

law, a commercially reasonable loan made in the ordinary course of business, or a gift 

received from a spouse or any relative within the 3rd degree of consanguinity of the person or 

person's spouse or from the spouse of any such relative. 

(i) "Honoraria" means fees received for speeches, written articles and participation in 

discussion groups and similar activities, but does not include reimbursement for expenses. 

(j) "Income for services rendered" means income from a single source and includes salary, 

wages, consulting fees and professional services. 

(k) "Instrument of ownership" includes, but is not limited to, common or preferred stock, 

rights, warrants, articles of partnership, proprietary interest, deeds and debt instruments, if 

convertible to equity instruments. 

(l) "Position of management" means officer, director, partner, proprietor or other 

managerial position in a business enterprise.

(m) "Professional organization" means an individual engaged in, or an association 

organized pursuant to, federal or state law for the practice of medicine, law, accounting, 

engineering or other profession. 
10

(n)(1) "Public officer" shall mean:

a. Any person elected to any state office; and

b. Any person appointed to fill a vacancy in an elective state office; and

c. Any candidate who has filed for any state office; and

d. The Research Director and Controller General of the Legislative Council; 

and

e. The Chief Justice and Justices of the Supreme Court; and

f. The Chancellors and Vice-Chancellors of the Court of Chancery; and

g. The President Judge and Judges of Superior Court; and

h. The Chief Judge and Judges of Family Court; and

i. The Chief Judge and Judges of the Court of Common Pleas; and

j. The Chief Magistrate and justices of the peace; and

k. The State Court Administrator and the administrators of Superior Court, 

Family Court, the Court of Common Pleas, and the Justice of the Peace Courts; and 

l. The Public Guardian, the Executive Director of the Victims' Compensation 

Assistance Program, the Executive Director of the Child Placement Review Board; and 

m. All Cabinet Secretaries and persons of equivalent rank within the Executive 

Branch; and

n. All division directors and persons of equivalent rank within the Executive 

Branch; and

o. The State Election Commissioner and the Directors and Deputy Directors of 

the Department of Elections; and

p. The State Fire Marshal and the Director of the State Fire School; and

q. The Adjutant General of the Delaware National Guard; and

r. The Alcoholic Beverage Control Commissioner and the members of the 

Appeals Commission, pursuant to § 306(c) of Title 4.
11

(2) For purposes of this subchapter, the term "public officer" does not include 

elected and appointed officials of political subdivisions of the State, of public school districts 

of the State, and of state institutions of higher learning. 

(o) "Reimbursement for expenditures" means any payments to a public officer for expenses 

incurred by that public officer.

(p) "Time or demand deposits" means checking and savings account in banks or deposits 

or share in savings and loan institutions, credit unions or money market funds. 

§ 5813. Report disclosing financial information. 

(a) Every public officer as defined in § 5812 of this title shall file a report disclosing 

financial interests, as hereinafter provided. Each report shall be on a form prescribed by the 

Commission, shall be signed by the public officer and shall include at least the following 

information: 

(1) The name and position of the public officer; and

(2) The name, instrument and nature of ownership, and any position of management 

held by, or constructively controlled by, the public officer in any business enterprise in which 

legal or equitable ownership is in excess of $5,000 fair market value or from which income of 

more than $5,000 was either derived during the preceding calendar year or might reasonably 

be expected to be derived during the current calendar year. Time or demand deposits in a 

financial institution, or any debt instrument having a fixed yield shall not be listed unless 

convertible to an equity instrument; and 

(3) The name, address and type of practice, without reference to the identity of any 

individual clients served, of any professional organization in which the public officer is the 

sole practitioner, officer, director or partner, or serves in any advisory capacity, or which is 

constructively controlled by the public officer, from which income of more than $5,000 was 

either derived during the preceding year or might reasonably be expected to be derived 

during the current calendar year; provided, however, that any such organization construed as 

a business enterprise and reported pursuant to paragraph (a)(2) of this section need not be 

reported under this subsection; and 

(4) The source of each of the following items received during the preceding calendar 

year, or reasonably expected to be received during the current calendar year: 

a. Any income derived for services rendered exceeding $1,000 from a single 

source, unless such income is otherwise identified pursuant to paragraph (a)(2) or (3) of this 

section; or 

b. Any capital gain exceeding $1,000 from a single source other than from the 

sale of a residence occupied by the public officer; or 
12

c. Any reimbursement for expenditures exceeding $1,000 from a single source; 

or

d. Any honoraria; or

e. Any gift with a value in excess of $250 received from any person, identifying 

also in each case the amount of each such gift. For purposes of compliance with this gift 

reporting obligation, the recipient may rely in good faith upon the representation of the 

source of the gift as to the gift's value; and 

(5) Each creditor to whom the public officer was indebted for a period of 90 

consecutive days or more during the preceding calendar year in an aggregate amount in 

excess of $1,000. 

(b) Each report required by this section shall contain a certification by the public officer 

that the officer has read the report, and that to the best of the officer's knowledge and belief it 

is true, correct and complete, and that the officer has not and will not transfer any assets, 

interests or property for the purpose of concealing it from disclosure while retaining an 

equitable interest therein. 

(c) Not later than 14 days after becoming a public officer as defined in § 5812 of this title, 

the report required by this subchapter shall be filed. Thereafter, the report shall be filed on 

March 15 of each year. 

(d) Each report required by this section shall be filed with the Commission. 

§ 5813A. Report disclosing council or board membership. 

(a) Every person elected to a state office or appointed to fill a vacancy in an elective state 

office, or who has filed as a candidate for an elective state office shall disclose in writing to 

the Commission, and the Commission shall record in its public officer docket, the name and 

address of every nonprofit organization, excluding religious organizations, civic association, 

community association, foundation, maintenance organization, or trade group incorporated 

in the State or having activities in the State, or both, of which the person is a council member 

or board member. 

(b) The disclosure required by subsection (a) of this section must be submitted along with, 

or as part of, the financial disclosure information required to be provided to the Commission 

pursuant to § 5813 of this title. 

§ 5815. Violations; penalties; jurisdiction of Superior Court. 

(a) Any public officer who wilfully fails to file a report in violation of §§ 5813, 5813A of 

this title shall be guilty of a class B misdemeanor. 
13

(b) Any public officer who knowingly files any report required by §§ 5813, 5813A of this 

title that is false in any material respect shall be guilty of a class A misdemeanor. 

(c) The Commission may refer to the Commission Counsel for investigation and/or may 

refer any suspected violation of this subchapter to the Attorney General for investigation and 

prosecution; provided however, that the Commission shall refer any suspected violation of 

this subchapter by a member of the General Assembly or the Judiciary to the Attorney 

General, who shall have the exclusive authority to investigate and prosecute or otherwise 

recommend remedies or sanctions for such suspected violation. 

(d) Superior Court shall have jurisdiction over all offenses under this subchapter. 

The portions of 29 Del. C. Chapter 58, Subchapter I and 58, Subchapter II not specifically 

identified above are not included in the SIP because they are unrelated to CAA § 110(a)(2)(E).

and § 128.

3.0 Conclusion

Through this revision to the Delaware SIP, the State of Delaware meets the requirements of CAA 

§ 110(a)(2)(E)(ii) and § 128, relating to conflicts of interest by members of boards and the heads 

of executive agencies. Delaware meets these requirements because the requirements of 29 Del. 

C. Chapter 58 are more stringent than those required by CAA § 110(a)(2)(E)(ii) and § 128. 
Proposed Plan

Implementation, Maintenance,

And Enforcement of

National Ambient Air Quality Standards

Revision to Delaware’s

State Implementation Plan 

To Address

Clean Air Act § 110(a)(2)(E)(ii) and § 128

September 12, 2012

Delaware Department of Natural Resources and 

Environmental Control, Division of Air Quality
Proposed Plan

2

TABLE OF CONTENTS

1.0 Introduction and Background

2.0 Delaware’s plan to comply with CAA § 110(a)(2)(E)(ii) and § 128

3.0 Conclusion
Proposed Plan

3

1.0 Introduction and Background

A State Implementation Plan (“SIP”) is a state plan that identifies how that state will attain and

maintain air quality that conforms to each primary and secondary National Ambient Air Quality 

Standard (”NAAQS”). The SIP is a complex, fluid document containing regulations, sourcespecific requirements, and non-regulatory items such as plans and emission inventories.

Delaware’s initial SIP was approved by the US Environmental Protection Agency (EPA) on May 

31, 1972. Since this initial approval the Delaware SIP has been revised numerous times to 

address air quality non-attainment and maintenance issues. The revisions consisted of updated 

plans and inventories, and new and revised regulatory control requirements. Delaware’s SIP is 

compiled at 40 C.F.R. Part 52 Subpart I. 

Clean Air Act (CAA) § 110(a)(2)(E)(ii) requires the SIP to provide “requirements that the State 

comply with the requirements respecting State boards under section 128 of this title.” CAA § 

128, “State Boards,” requires:

(a) Not later than the date one year after August 7, 1977, each applicable 

implementation plan shall contain requirements that—

(1) any board or body which approves permits or enforcement orders under this 

chapter shall have at least a majority of members who represent the public 

interest and do not derive any significant portion of their income from persons 

subject to permits or enforcement orders under this chapter, and 

(2) any potential conflicts of interest by members of such board or body or the 

head of an executive agency with similar powers be adequately disclosed. 

A State may adopt any requirements respecting conflicts of interest for such boards or 

bodies or heads of executive agencies, or any other entities which are more stringent 

than the requirements of paragraph (1) and (2), and the Administrator shall approve any 

such more stringent requirements submitted as part of an implementation plan. 

The purpose of this document is to revise Delaware’s SIP to meet the requirements of CAA § 

110(a)(2)(e)(ii) and § 128. 

2.0 Delaware’s plan to comply with CAA § 110(a)(2)(e)(ii) and § 128.

The requirements of CAA § 128(a)(1) are not applicable to Delaware because it does not have 

any board or body which approves air quality permits or enforcement orders. The requirements 
Proposed Plan

4

of CAA § 128(a)(2) are applicable to Delaware because the Department of Natural Resources 

and Environmental Control (DNREC) cabinet level Secretary (i.e., the head of an executive 

agency) makes the referenced decisions. 

The conduct of the DNREC Secretary, and that of his employees, is subject to the requirements 

of 29 Del. C. Chapter 58, Laws Regulating the Conduct of Officers and Employees of the State. 

State employees are required to follow the laws in Chapter 58 regarding employee conduct and 

Delaware is incorporating the relevant provisions of Chapter 58 into its SIP. The State of 

Delaware hereby presents the following portions of Chapter 58, Subchapter 1, State Employees’, 

Officers’ and Officials’ Code of Conduct, and Subchapter II, Financial Disclosure, for 

incorporation into the Delaware SIP: 

§ 5804. Definitions. 

For the purposes of this subchapter:

(1) "Close relative" means a person's parents, spouse, children (natural or adopted) 

and siblings of the whole and half-blood.

(2) "Commission" means the State Public Integrity Commission established by this 

chapter.

(3) "Commission Counsel" means the legal counsel appointed by the Commission 

pursuant to this chapter.

(4) "Compensation" means any money, thing of value or any other economic benefit 

of any kind or nature whatsoever conferred on or received by any person in return for 

services rendered or to be rendered by oneself or another. 

(5) A person has a "financial interest" in a private enterprise if:

a. The person has a legal or equitable ownership interest in the enterprise of 

more than 10% (1% or more in the case of a corporation whose stock is regularly traded on 

an established securities market); 

b. The person is associated with the enterprise and received from the 

enterprise during the last calendar year or might reasonably be expected to receive from the 

enterprise during the current or the next calendar year income in excess of $5,000 for 

services as an employee, officer, director, trustee or independent contractor; or 

c. The person is a creditor of a private enterprise in an amount equal to 10% 

or more of the debt of that enterprise (1% or more in the case of a corporation whose 

securities are regularly traded on an established securities market). 

(6) "Honorary state official" means a person who serves as an appointed member, 

trustee, director or the like of any state agency and who receives or reasonably expects to 
Proposed Plan

5

receive not more than $5,000 in compensation for such service in a calendar year (not 

including any reimbursement for expenses). 

(7) "Matter" means any application, petition, request, business dealing or 

transaction of any sort.

(8) "Person" means an individual, partnership, corporation, trust, joint venture and 

any other association of individuals or entities. 

(9) "Private enterprise" means any activity conducted by any person, whether 

conducted for profit or not for profit and includes the ownership of real or personal property. 

Private enterprise does not include any activity of the State or of any political subdivision or 

of any agency, authority or instrumentality thereof. 

(10) "State" means the State of Delaware and includes any state agency.

(11) "State agency" means any office, department, board, commission, committee, 

court, school district, board of education and all public bodies existing by virtue of an act of 

the General Assembly or of the Constitution of the State, excepting only political subdivisions 

of the State, their agencies and other public agencies not specifically included in this 

definition which exist by virtue of state law, and whose jurisdiction: 

a. Is limited to a political subdivision of the State or to a portion thereof; or

b. Extends beyond the boundaries of the State.

(12)a. "State employee" means any person:

1. Who receives compensation as an employee of a state agency;

2. Who serves as an appointed member, trustee, director or the like of 

any state agency and who receives or reasonably expects to receive more than $5,000 in 

compensation for such service in a calendar year (not including any reimbursement for 

expenses); or 

3. Who is an elected or appointed school board member.

b. "State employee" does not include:

1. Members of the General Assembly;

2. The Chief Justice and Justices of the Supreme Court;

3. The Chancellor and Vice-Chancellors of the Court of Chancery;

4. The President Judge and Judges of Superior Court;
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6

5. The Chief Judge and Judges of Family Court;

6. The Chief Judge and Resident Judges of the Court of Common Pleas;

7. The Chief Magistrate and Justices of the Peace;

8. State officers; or

9. Honorary state officials.

(13) "State officer" means any person who is required by subchapter II of this 

chapter to file a financial disclosure statement but does not include: 

a. Members of the General Assembly;

b. The Chief Justice and Justices of the Supreme Court;

c. The Chancellor and Vice-Chancellors of the Court of Chancery;

d. The President Judge and Judges of Superior Court;

e. The Chief Judge and Judges of Family Court;

f. The Chief Judge and Judges of the Court of Common Pleas; or

g. The Chief Magistrate and Justices of the Peace. 

§ 5805. Prohibitions relating to conflicts of interest. 

(a) Restrictions on exercise of official authority. --

(1) No state employee, state officer or honorary state official may participate on 

behalf of the State in the review or disposition of any matter pending before the State in which 

the state employee, state officer or honorary state official has a personal or private interest, 

provided, that upon request from any person with official responsibility with respect to the 

matter, any such person who has such a personal or private interest may nevertheless respond 

to questions concerning any such matter. A personal or private interest in a matter is an 

interest which tends to impair a person's independence of judgment in the performance of the 

person's duties with respect to that matter. 

(2) A person has an interest which tends to impair the person's independence of 

judgment in the performance of the person's duties with respect to any matter when: 

a. Any action or inaction with respect to the matter would result in a financial 

benefit or detriment to accrue to the person or a close relative to a greater extent than such 
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benefit or detriment would accrue to others who are members of the same class or group of 

persons; or 

b. The person or a close relative has a financial interest in a private enterprise 

which enterprise or interest would be affected by any action or inaction on a matter to a 

lesser or greater extent than like enterprises or other interests in the same enterprise. 

(3) In any case where a person has a statutory responsibility with respect to action 

or nonaction on any matter where the person has a personal or private interest and there is 

no provision for the delegation of such responsibility to another person, the person may 

exercise responsibility with respect to such matter, provided, that promptly after becoming 

aware of such conflict of interest, the person files a written statement with the Commission 

fully disclosing the personal or private interest and explaining why it is not possible to 

delegate responsibility for the matter to another person. 

(b) Restrictions on representing another's interest before the state. --

(1) No state employee, state officer or honorary state official may represent or 

otherwise assist any private enterprise with respect to any matter before the state agency with 

which the employee, officer or official is associated by employment or appointment. 

(2) No state officer may represent or otherwise assist any private enterprise with 

respect to any matter before the State.

(3) This subsection shall not preclude any state employee, state officer or honorary 

state official from appearing before the State or otherwise assisting any private enterprise 

with respect to any matter in the exercise of such person's official duties. 

(c) Restrictions on contracting with the state. -- No state employee, no state officer and no 

private enterprise in which a state employee or state officer has a legal or equitable 

ownership of more than 10% (more than 1% in the case of a corporation whose stock is 

regularly traded on an established securities market) shall enter into any contract with the 

State (other than an employment contract) unless such contract was made or let after public 

notice and competitive bidding. Such notice and bidding requirements shall not apply to 

contracts not involving more than $2,000 per year if the terms of such contract reflect arms' 

length negotiations. For the period of July 1, 1990 through June 30, 1991, nothing in this 

subsection shall prohibit a state employee, a state officer, or a private enterprise in which a 

state employee or a state officer has a legal or equitable ownership of more than 10% (more 

than 1% in the case of a corporation whose stock is regularly traded on an established 

securities market) from contracting with a public school district and/or the State Board of 

Education for the transportation of school children without public notice and competitive 

bidding as is permitted under § 6923 of this title. 

(f) Criminal sanctions. --
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(1) Any person who knowingly or willfully violates any provision of this section shall 

be guilty of a misdemeanor, punishable for each such violation by imprisonment of not more 

than 1 year and by a fine not to exceed $10,000. 

(2) A prosecution for a violation of this section shall be subject to the time limitations 

of § 205 of Title 11.

(3) The Superior Court shall have exclusive jurisdiction over prosecution for all 

criminal violations of this section.

(g) Contracts voidable by court action. -- In addition to any other penalty provided by law, 

any contract entered into by any state agency in violation of this subchapter shall be voidable 

by the state agency; provided, that in determining whether any court action should be taken to 

void such a contract pursuant to this subsection, the state agency shall consider the interests 

of innocent 3rd parties who may be damaged thereby. Any court action to void any 

transaction must be initiated within 30 days after the state agency involved has, or should 

have, knowledge of such violation. 

(h) Exceptions for transportation contracts with school districts. -- Except for 

transportation supervisors for any school district within this State, nothing in this section 

shall prohibit an employee or the employee's spouse or children (natural or adopted) from 

contracting for the transportation of school children. Such transportation contracts may be 

entered into by an employee or the employee's spouse or children without public notice and 

competitive bidding as is provided in § 6916 of this title. 

§ 5806. Code of conduct. 

(c) No state employee, state officer, or honorary state official shall acquire a financial 

interest in any private enterprise which such official has reason to believe may be directly 

involved in decisions to be made by such official in an official capacity on behalf of the State. 

(d) Any state employee or state officer who has a financial interest in any private 

enterprise which is subject to the regulatory jurisdiction of, or does business with, any state 

agency (and any honorary state official who has a financial interest in any private enterprise 

which is subject to the regulatory jurisdiction of, or does business with, the state agency on 

which the official serves as an appointee) shall file with the Commission a written statement 

fully disclosing the same. Such disclosure shall be confidential and the Commission shall not 

release such disclosed information, except as may be necessary for the enforcement of this 

chapter. The filing of such disclosure statement shall be a condition of commencing and 

continuing employment or appointed status with the State. 

§ 5812. Definitions. 

(a) "Business enterprise" means corporation, partnership, sole proprietorship or any other 

individual or organization carrying on a business or profession. 
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9

(b) "Capital gain" means capital gains required to be reported to the Internal Revenue 

Service pursuant to federal internal revenue laws. 

(c) "Commission" means the State Public Integrity Commission.

(d) "Constructively controlled" means:

(1) A financial interest in the name of another which is controlled by a public officer 

by virtue of any relationship of the public officer to another person and which directly 

benefits the public officer; 

(2) Any financial interest of a public officer held jointly with the spouse or child of

such public officer;

(3) Any financial interest of the spouse or minor child of a public officer.

(e) "Debt instrument" means bonds, notes, debentures, mortgages or other securities 

having a fixed yield if not convertible to equity instruments. 

(f) "Equity instrument" means any ownership interest in a corporation or other legal entity 

giving rights to the holder upon liquidation of the entity. 

(g) "Fair market value" means, if a security, the quoted price as of January 1 of the year in 

which the report required by § 5813 of this title is filed, or, if not a security, the price at which 

the public officer would sell as of January 1 of the year in which the report required by § 

5813 of this title is filed. 

(h) "Gift" means a payment, subscription, advance, forbearance, rendering or deposit of 

money, services or anything of value unless consideration of equal or greater value is 

received. "Gift" shall not include a political contribution otherwise reported as required by 

law, a commercially reasonable loan made in the ordinary course of business, or a gift 

received from a spouse or any relative within the 3rd degree of consanguinity of the person or 

person's spouse or from the spouse of any such relative. 

(i) "Honoraria" means fees received for speeches, written articles and participation in 

discussion groups and similar activities, but does not include reimbursement for expenses. 

(j) "Income for services rendered" means income from a single source and includes salary, 

wages, consulting fees and professional services. 

(k) "Instrument of ownership" includes, but is not limited to, common or preferred stock, 

rights, warrants, articles of partnership, proprietary interest, deeds and debt instruments, if 

convertible to equity instruments. 

(l) "Position of management" means officer, director, partner, proprietor or other 

managerial position in a business enterprise.
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(m) "Professional organization" means an individual engaged in, or an association 

organized pursuant to, federal or state law for the practice of medicine, law, accounting, 

engineering or other profession. 

(n)(1) "Public officer" shall mean:

a. Any person elected to any state office; and

b. Any person appointed to fill a vacancy in an elective state office; and

c. Any candidate who has filed for any state office; and

d. The Research Director and Controller General of the Legislative Council; 

and

e. The Chief Justice and Justices of the Supreme Court; and

f. The Chancellors and Vice-Chancellors of the Court of Chancery; and

g. The President Judge and Judges of Superior Court; and

h. The Chief Judge and Judges of Family Court; and

i. The Chief Judge and Judges of the Court of Common Pleas; and

j. The Chief Magistrate and justices of the peace; and

k. The State Court Administrator and the administrators of Superior Court, 

Family Court, the Court of Common Pleas, and the Justice of the Peace Courts; and 

l. The Public Guardian, the Executive Director of the Victims' Compensation 

Assistance Program, the Executive Director of the Child Placement Review Board; and 

m. All Cabinet Secretaries and persons of equivalent rank within the Executive 

Branch; and

n. All division directors and persons of equivalent rank within the Executive 

Branch; and

o. The State Election Commissioner and the Directors and Deputy Directors of 

the Department of Elections; and

p. The State Fire Marshal and the Director of the State Fire School; and

q. The Adjutant General of the Delaware National Guard; and
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r. The Alcoholic Beverage Control Commissioner and the members of the 

Appeals Commission, pursuant to § 306(c) of Title 4.

(2) For purposes of this subchapter, the term "public officer" does not include 

elected and appointed officials of political subdivisions of the State, of public school districts 

of the State, and of state institutions of higher learning. 

(o) "Reimbursement for expenditures" means any payments to a public officer for expenses 

incurred by that public officer.

(p) "Time or demand deposits" means checking and savings account in banks or deposits 

or share in savings and loan institutions, credit unions or money market funds. 

§ 5813. Report disclosing financial information. 

(a) Every public officer as defined in § 5812 of this title shall file a report disclosing 

financial interests, as hereinafter provided. Each report shall be on a form prescribed by the 

Commission, shall be signed by the public officer and shall include at least the following 

information: 

(1) The name and position of the public officer; and

(2) The name, instrument and nature of ownership, and any position of management 

held by, or constructively controlled by, the public officer in any business enterprise in which 

legal or equitable ownership is in excess of $5,000 fair market value or from which income of 

more than $5,000 was either derived during the preceding calendar year or might reasonably 

be expected to be derived during the current calendar year. Time or demand deposits in a 

financial institution, or any debt instrument having a fixed yield shall not be listed unless 

convertible to an equity instrument; and 

(3) The name, address and type of practice, without reference to the identity of any 

individual clients served, of any professional organization in which the public officer is the 

sole practitioner, officer, director or partner, or serves in any advisory capacity, or which is 

constructively controlled by the public officer, from which income of more than $5,000 was 

either derived during the preceding year or might reasonably be expected to be derived 

during the current calendar year; provided, however, that any such organization construed as 

a business enterprise and reported pursuant to paragraph (a)(2) of this section need not be 

reported under this subsection; and 

(4) The source of each of the following items received during the preceding calendar 

year, or reasonably expected to be received during the current calendar year: 

a. Any income derived for services rendered exceeding $1,000 from a single 

source, unless such income is otherwise identified pursuant to paragraph (a)(2) or (3) of this 

section; or 
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12

b. Any capital gain exceeding $1,000 from a single source other than from the 

sale of a residence occupied by the public officer; or 

c. Any reimbursement for expenditures exceeding $1,000 from a single source; 

or

d. Any honoraria; or

e. Any gift with a value in excess of $250 received from any person, identifying 

also in each case the amount of each such gift. For purposes of compliance with this gift 

reporting obligation, the recipient may rely in good faith upon the representation of the 

source of the gift as to the gift's value; and 

(5) Each creditor to whom the public officer was indebted for a period of 90 

consecutive days or more during the preceding calendar year in an aggregate amount in 

excess of $1,000. 

(b) Each report required by this section shall contain a certification by the public officer 

that the officer has read the report, and that to the best of the officer's knowledge and belief it 

is true, correct and complete, and that the officer has not and will not transfer any assets, 

interests or property for the purpose of concealing it from disclosure while retaining an 

equitable interest therein. 

(c) Not later than 14 days after becoming a public officer as defined in § 5812 of this title, 

the report required by this subchapter shall be filed. Thereafter, the report shall be filed on 

March 15 of each year. 

(d) Each report required by this section shall be filed with the Commission. 

§ 5813A. Report disclosing council or board membership. 

(a) Every person elected to a state office or appointed to fill a vacancy in an elective state 

office, or who has filed as a candidate for an elective state office shall disclose in writing to 

the Commission, and the Commission shall record in its public officer docket, the name and 

address of every nonprofit organization, excluding religious organizations, civic association, 

community association, foundation, maintenance organization, or trade group incorporated 

in the State or having activities in the State, or both, of which the person is a council member 

or board member. 

(b) The disclosure required by subsection (a) of this section must be submitted along with, 

or as part of, the financial disclosure information required to be provided to the Commission 

pursuant to § 5813 of this title. 

§ 5815. Violations; penalties; jurisdiction of Superior Court. 
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13

(a) Any public officer who wilfully fails to file a report in violation of §§ 5813, 5813A of 

this title shall be guilty of a class B misdemeanor. 

(b) Any public officer who knowingly files any report required by §§ 5813, 5813A of this 

title that is false in any material respect shall be guilty of a class A misdemeanor. 

(c) The Commission may refer to the Commission Counsel for investigation and/or may 

refer any suspected violation of this subchapter to the Attorney General for investigation and 

prosecution; provided however, that the Commission shall refer any suspected violation of 

this subchapter by a member of the General Assembly or the Judiciary to the Attorney 

General, who shall have the exclusive authority to investigate and prosecute or otherwise 

recommend remedies or sanctions for such suspected violation. 

(d) Superior Court shall have jurisdiction over all offenses under this subchapter. 

The portions of 29 Del. C. Chapter 58, Subchapter I and 58, Subchapter II not specifically 

identified above are not included in the SIP because they are unrelated to CAA § 110(a)(2)(E).

and § 128.

3.0 Conclusion

Through this revision to the Delaware SIP, the State of Delaware meets the requirements of CAA 

§ 110(a)(2)(E)(ii) and § 128, relating to conflicts of interest by members of boards and the heads 

of executive agencies. Delaware meets these requirements because the requirements of 29 Del. 

C. Chapter 58 are more stringent than those required by CAA § 110(a)(2)(E)(ii) and § 128. 
OFFICE OF THE 

S ECRETARY 

STATE OF DELAWARE 

DEPARTMENT OF NATURAL RESOURCES 

AND ENVIRONMENTAL CONTROL 

89 KINGS HIGHWAY 

DOVER, DELAWARE 1 990 1 

Secretary's Order No 2012-A-0043 

PHONE: (302) 739·9000 

FAX: (302) 739·6242 

RE: APPOV AL OF REVISION TO THE DELAWARE STATE 

IMPLEMENTATION PLAN UNDER THE FEDERAL CLEAN AIR ACT 

(CAA) TO DEMONSTRATE COMPLIANCE WITH CAA SECTION 110 

(a)(2)(E)(ii) (CONFLICT OF INTEREST DISCLOSURE) 

Date of Issuance: December 4, 2012 

Effective Date: December 4, 2012 

This Order of the Secretary of the Department of Natural Resources and 

Environmental Control (Department) approves a proposed revision to the Delaware State 

Implementation Plan (SIP), which the Department administers under the federal Clean 

Air Act (CAA). 

Background 

The Department periodically submits SIP revisions to the United States 

Environmental Protection Agency (EPA) in order to reflect updates and changes to 

Delaware's plans to attain and maintain air quality that conforms to EPA's primary and 

secondary National Ambient Air Quality Standards (NAAQS). The SIP sets forth the 

regulations, source specific requirements, and non-regulatory items such as plans and 

emission inventories. 

CAA Section II 0 requires that each state's SIP demonstrates how "State Boards" 

who approve CAA permits or CAA enforcement orders disclose any potential conflicts of 

interest. In Delaware the Department approves all CAA permits and enforcement orders. 
The Department is an executive agency that acts through its Secretary or a delegated state 

employee subordinate. The Department submits that public disclosure of any potential 

conflicts in the SIP as required by CAA Section 110 is satisfied by 29 Del. C. Chapter 

58, Laws Regulating the Conduct and Employees of the Stale. This law applies to all 

state employees and prohibits any state employee fi·om acting when the state employee 

has an interest which tends to impair the person's independence of judgment in the 

performance of the person's duties or disclosing an unavoidable conflict to the State 

Public Integrity Commission. The law's prohibition goes well beyond disclosure of a 

potential conflict. Thus, the proposed revision to the SIP reflects this existing Jaw and 

demonstrates that Delaware and the Department comply with CAA Section llO's 

requirement that the SIP include a provision on disclosure of conflict of interest. 

The Department provided public notice and an opportunity to be heard at an 

October 23, 2012 public hearing, and the Department did not receive any comments from 

on the proposed change. No member of the public attended the public hearing and the 

Department's proposed revised SIP, as attached to the hearing officer's report that is 

incorporated herein. The Department's presiding hearing officer recommends that the 

proposed SIP revision be approved and that the approved SIP revision be submitted to 

EPA for its approval. 

Findings and Reasons 

The Department finds that the record supports approval of the SIP revision that 

demonstrates that Delaware has existing laws that prohibit state employees, such as all 

Department employees who exercise any CAA authority, from acting when there is a 

potential conflict of interest. This requirement surpasses the disclosure requirement of 

2 
potential conflict of interests required by the CAA. Thus, the SIP revision satisfies the 

requirement based upon 29 Del C. Chapter 58. 

The Department finds that the SIP revision should be adopted and submitted to 

EPA for approval. Approval of the SIP revision in final is supported by the record and 

consistent with the Department's delegated duties under the federal Clean Air Act. In 

conclusion, the following findings and conclusions are entered: 

1. The Department finds the proposed SIP revision is supported by the record 

and should be adopted as final SIP revision; 

2. The Department finds that the SIP revision should be submitted to EPA 

for EPA's review in order that the SIP may be approved by EPA; and 

3 The Department shall publish notice of this Order in the same manner as 

the notice of the proposed SIP revision. 

3 

Collin P. O'Mara 

Secretary 
HEARING OFFICER'S REPORT 

TO: The Honorable Collin P. O'Mara 

Secretary, Department of Natural Resources and Environmental Control 

FROM: Robert P. Haynes, Esquire 

RE: 

Senior Hearing Officer, Office of the Secretary 

Department of Natural Resources and Environmental Control 

PROPOSED STATE IMPLEMENTATION PLAN (SIP) REVISION 

FOR SECTION 110 FEDERAL CLEAN AIR ACT REQUIREMENT 

(CONFLICT OF INTEREST DISCLOSURE) 

DATE: November 27,2012 

This Hearing Officer's Report recommends adoption of the proposed revision to 

Delaware's State Implementation Plan (SIP). The Department administers the SIP under 

delegated federal authority from the United States Environmental Protection Agency 

(EPA) and the federal Clean Air Act (CAA). 

Delaware's SIP reports to EPA on the regulatory progress toward meeting the 

federal air quality standards. The proposed SIP revision would include the applicable 

Delaware law that applies to state employees and prohibits their exercise of official duties 

when there is a conflict of interest. 

The Department properly provided public notice of the proposed SIP revisions 

and held a public hearing on October 23, 2012. Ron Amerikian, Planning Group 

Manager, within the Division of Air Quality attended the public hearing and introduced 

the following documents for the record. 

Exhibit I. proposed SIP revision for Section IIO(a)(2)(E)(ii) compliance 5 

dated September 12, 2012 

Exhibit 2. October I, 2012 Delaware Register of Regulations notice of the 

proposed SIP revision and the October 23, 2012 public hearing on the 

proposed SIP revision 

Exhibit 3 & 4. affidavits of legal notices in the Delaware State News and 

News Journal of the proposed action and public hearing. 

Exhibit 5 notice on the Delaware on-line state calendar. 

The Department did not receive any comments and no member of the public 

attended the hearing I find that the documents included in the record support adoption as 

a revision to the "statewide air resources management plan." Accordingly, a draft Order 

accompanies this Report that, if approved, would adopt the proposed revised SIP as a 

final revised SIP in order that it may be sent to EPA for its review. 
STATE OF DELAWARE 

D EPARTMENT OF N ATURAL R ESOURCES 

& ENVIRONMENTAL C ONTROL 

DIVISION OF A IR QUALITY 

655 S. Bay Road, Suite 5N 

D OVER, DELAWARE 19901 

CERTIFICATION 

January 8, 2013 

Telephone: (302) 739 - 9402 

Fax No.: (302) 739 - 3106 

A public hearing was held October 23, 2012 on a revision to the State ofDelaware State 

Implementation Plan (SIP) to include a document that address the requirements of CAA §§ 

11 O(a)(2)(E)(ii) and 128, which relate to disclosure of conflicts of interest. The SIP document 

consists of a determination that the applicable requirements of29 DE Code Chapter 58, "Laws 

Regulating the Conduct of Officers and Employees of the State," meet the requirements of CAA 

§ 110(a)(2)(E)(ii) and 128, and proposes to include these requirements into the SIP. The 

effective date of this revision is December 4, 2012. 

I further certify that the hearing was held in accordance with the notice required by Subsection 

51. 1 02 of 40 CFR 51. 

f.li :Mirzakh, lili, P .E. 

Director 

Division of Air Quality 

Printed on 

Recycled Paper 
f~DEPENDENT NEWSMEDIA INC. USA 

II 0 Galaxy Drive • Dover, DE • 1990/ • 1-800-282-8586 

State of Delaware: 

County of Kent: 

Before me, a Notary Public, for the County and State aforesaid, Edward Dulin, known 

to me to be such, who being sworn according to law deposes and says that he is 

President of Independent Newsmedia Inc. USA, the publisher of the Delaware State 

News, a daily newspaper published at Dover, County of Kent, and State of Delaware, 

and that the notice, a copy of hich is hereto attached, as published in the Delaware 

State News in its issue of J dPresident 

Independent Newsmedia Inc. USA 

Sworn to and s 
Street Address 

950 West Basin Road 

New Cmtle, Dl 19720 

Moiling Address 

PO Box 15505 

Wdmington, DE 19850 

(302) 324 2500 

(800) 235 9100 

r ox Number~ 

Au:ounling 324· 2554 

Cu-culatiOIY 324·2945 

Clossrfred 324 551 I 

Hurnun Rescvrces 324-2578 

i11fo Systems 324-2969 

Morketrng 324·2557 

New> 324·5509 

Retorl 324·5518 

~"', The ~ews journal ~~ Media Group 

• 

Legal Desk: 302-324-2676 

Legal Fax: 302-324-2249 

AFFIDAVIT OF PUBLICATION 

State of Delaware 

Personally appeared before me this 1911' day of September, 2012. 

I, Kristin Segner, of The News Journal Company, a daily newspaper printed and published 

in the County of New Castle County, State of Delaware, who, being duly sworn states that 

the advertisement of S/D DNREC Division of Air Quality- Notice of Public Hearing -

Proposed State Implementation Plan (SIP) Revision to address the requirements of Clean 

Air Act (CAA) §§110(a)(2)(E)(ii) and 128 

was published in The News Journal on September 19. 2012 

_ Legal_Coordinator 

Title 

Sworn to before me this 191

h day of September, 2012 

Wanda James 

Notary Public 

Siate of Delaware 

Lv :n::ssiorl expires 11/02/2012