STATE OF D ELAWARE DEPARTMEN T OF NATURAL RESOURCE S
AND ENVIRONM E NTAL C ON T ROL

89 K I NGS H IGHWAY OFFICE OF T H E

SEC R ETARY DOVER, DELAWARE 1 9901

Mr. Shawn M. Garvin (3RAOO) Regional Admin i strator, Region III U.S. Environmenta l Protection Agency 1650 Arch Street Philadelphia
, P A 1 91 03-2029

# Dear January 11
, 2013 PHONE: (302) 739

- 9000
FAX: (302) 739

- 6242

1 am pleased to s u bmit the enclosed revision to the State of Delaware State Implementation Plan (SIP) to include a document t h at address the requirements of CAA §§ 11 O(a)(2)(E)(ii) and 128
, which r e l ate to disclosure of conflicts of interest. The SIP document consists of a determination that the applicable requirements of29 DE Code C h apter 58
, " Laws Regulating the Conduct of Officers and Employees of the State, " meet t h e req uir ements of CAA § 11 0( a)(2)(E)( ii ) and 1 28, and proposes to include these requirements into the SIP. The effective date of this revision i s December 4
, 2012.

The req ui rements of the CAA Section 11 O(a)(2)(A) have been met through the normal public hearing process estab li s h ed by the State of Delaware with proper notification (30 days) prior to the convening of the public hearing. The aforementioned document was made avai l able for public review and comment beginning on September 19
, 2012. A public hearing was held

on October 23
, 20 1 2. 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 1 990 C l ean 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 Mir zakha lili
, Director, Division of Air Quality
, (302) 739-9402, if you h ave any questions concerning the enc lo sed documents.

E nclo s ure s

cc: Arnie Howell
, w / o encl. Diana Es h er, 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 C lean Air Act § 110(a)(2) (E )(ii) and § 128

FINAL

December 4 , 201 2

Delaware Department of Natural Resources and Environmental Control, Division of Air Quali ty2 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 Conclusion3 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, source

specific 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 p lans 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 requir ements 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 enfor cement 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 pu rpo s e of this document is to revise Delaw a re ’ 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

. S tate employees are required to follow the laws in Chapter 58 regarding employee conduct and Delaware is i ncorporating the relevant provisions of Chapter 58 into its SIP. T he State of Delaware hereby presents the following portions of Chapter 58 , S ubchapter 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 k ind 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 i nterest 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 cale ndar 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 credi tor 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 s ubdivision 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 edu cation 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 compens ation 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 incl uding 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 Chie f 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 person al 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 t han such benefit or detriment would accrue to others who are members of the same class or group of persons; or7 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 p ersonal 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 inte rest 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 f rom 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 th e 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 con tract 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 o f 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 viol ation 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 additi on 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 pur suant 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, knowl edge 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 c hildren (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 t o 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 appoin ted 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 t o 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 controll ed 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) A ny 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 ow nership 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 t itle 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 participa tion 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, direc tor, 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, eng ineering 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 Departmen t 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 learnin g.
(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, c redit 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. T ime 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 individ ual 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 m ore 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 deriv ed 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 resi dence occupied by the public officer; or12 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 fo r 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 int erest 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 elec tive 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 submi tted 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 gu ilty 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 Commi ssion 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 me e t s these requirements b ecause the requirements of 29 Del. C. Chapter 58 are more stringent than those requir ed 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 C lean Air Act § 110(a)(2) (E )(ii) and § 128
September 12 , 201 2

Delaware Department of Natural Resources and Environmental Control, Division of Air Quali tyProposed 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 ConclusionProposed 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, source

specific requirements, and non

- regulatory items such as plans and emissi on 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 “ requirement s 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 enfor cement 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 inte rest 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 i mplementation plan.

The pu rpo s e of this document is to revise Delaw a re ’ 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 requirementsProposed Plan

4 of CAA § 128(a)(2) are applicable to Delaware because the Department of Natural Resources and Environmental C ontrol (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

. S tate 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. T he State of Delaware hereby presen ts the following portions of Chapter 58 , S ubchapter 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" me ans 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 rend ered 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 s tock 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 enterpris e (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 wh o receives or reasonably expects toProposed 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 p rofit 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 a nd 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 th e 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); o r
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;Proposed Plan

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 person al 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 t han suchProposed Plan

7 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 p ersonal 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 inte rest 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 f rom 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 th e 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 con tract 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 o f school children without public notice and competitive bidding as is permitted under § 6923 of this title.
(f) Criminal sanctions.

--Proposed Plan

8 (1) Any person who knowingly or willfully violates any provision of this section shall be guilty of a misdemeanor, puni shable 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 ther eby. 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 transportatio n 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 capacit y 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
cont inuing 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.Proposed Plan

9 (b) "Capital gain" mea ns 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 o f 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) "Equi ty 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 r equired 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 m ade 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, wri tten 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.Proposed Plan

10 (m) "Professional organization" means an individual engaged in, or an association organized pursuant to, federal or state law for the practice o f 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 a nd 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 administrato rs 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 Bo ard; 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 D irectors 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; andProposed Plan

11 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 insti tutions 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. T ime 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 individ ual 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 m ore 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 deriv ed 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; orProposed Plan

12 b. Any capital gain exceeding $1,000 from a single source other than from the sale of a resi dence 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 fo r 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 int erest 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 elec tive 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 submi tted 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.Proposed Plan

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 gu ilty 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 Commi ssion 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 me e t s these requirements b ecause the requirements of 29 Del. C. Chapter 58 are more stringent than those requir ed by CAA § 110(a)(2)(E )(ii) and § 128

.OFFI CE OF THE
S ECRETARY STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES
AND ENVIRONMENTAL CONTROL

89 KIN GS HIGHWAY
DOV ER, DELAWARE 1 990 1

Secretary's Order No 2012-A-0043 PHON E: (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 Sec retary of the D epartme nt of Natural Resources and

E nvironmental Control (Department) approves a propo s ed revi s ion to the De l aware State

Implementation P l an (SIP), which the Department administers under the federal Clean

Air Act (CAA).

Background

The Department period i cally s ubmit s SIP revisions to the United States

E nvironmental Protection Agency (EPA) in order to reflect update s a nd changes to

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

seco ndary National Ambient Air Qual i ty Standards (NAAQS). The SIP sets forth th e
regulations , s ource specific r equ ir e ment s, and non-regulatory it e m s such a s plans and

emission inventories.

CAA Sec tion II 0 requires that each state's S IP demonstrates how " State Boards "

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

int e re st. In Delaware the Department approves all CAA permit s a nd 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

2potential conflict of intere s ts required by the CAA. Thus
, the SIP revision satisfies the
requirement based upon 29 Del 

### C. C hapter 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 C lean Air Act. In

conclusion, the following findings and conclusions are entered:

1

. The Department finds the propo se d SIP revision is supported by the record

and should be adopted as final SIP revi sion;

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 s hall publish notice of thi s Order in the same manner as

the notic e of the proposed SIP revision.

3 Co llin P. O'Mara SecretaryHEARING 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 DELAWA R E D EPART M E N T OF N AT U RA L R ESO UR C E S & EN V I RO NM E N TA L C O N TROL DIV I S ION O F A I R QUALITY

6 55 S

. B a y R oa d
, S uit e 5 N

D OVER
, DELAWARE 1 990 1

CERTIFICATION

January 8, 2013 Telepho n e : (302) 739

- 9 4 02 Fax N o

. : (3 0 2) 739

- 3 10 6

A p ubli c hearing was held October 23
, 2012 on a revision to the State ofDelaware State Implementation Plan (SIP) to include a document that address the requirement s 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 app li cab l e 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 effect i ve date of this revision is December 4
, 2012.

I f urther certify that the hearing wa s held in accordance with the notice r e quir e d by Sub se ction 51. 1 02 of 40 CFR 51.

f. li :Mir z akh
, lili
, P .E. Director Divi s ion of Air Quality

P r i n t ed on R ec y c l e d Pa p e r

# 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 sStreet 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 19 11 ' 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 19 1 h day of September, 2012

Wanda James Notary Public Siate of Delaware Lv :n::ssiorl expires 11/02/2012