OFFICE OF THE SECRETARY STATE OF D E L AWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL 89 KINGS H IG H WAY DOVER, DELAWARE 1 9901 

### Secretary's Order No. 

### 2008-A-OOSO Re: Approval of the Delaware Visibility State Implementation Plan Date of Iss uanc e: September 25 , 2008

Effecti ve Date : September 25 , 2008 PHONE: (302) 739-9000 FAX: (302) 739-6242

Under the authorit y vested in the Secretary of the Department of Natural Re so urc es and Environm ental Contro l ("Departme nt " or " DNREC") lmd er 29 D el. 

### C. §§8 00I e t seq. and 7 Del. 

### C. §60IO( c), the following findings, reason s and conclusions
a r

e ente r ed as an Order of the Secretary in the above-referenced matter. This Order considers the propo se d 'De laware Visibility State Impl ementation Plan (" Proposed SIP") , which th e Department's experts in th e Divi s ion of Air and Waste Mana ge ment , Air Quality Management Sectio n prepar ed to comply with the Unit ed States En vironm ental Protection A ge ncy ' s ("EPA") Regional Haz e Rule
. The EPA deleg ated to the Department the authority to administer certain respons ibiliti es in Delaware under the federal C le an Air Act , as amended, 42 

# u.s. C.§§740I et seq. ("CAN ' ) , including the Regional Ha ze Rule that seeks to protect visibility , especia lly in the 15 6 national parks and wild e l11es s areas d e noted as Federal Class I area s . The neare s t C lass I area to Delaw are is locate d in New Jer sey. The Re g ional H aze Rul e requires sta te , tribal and federal agencie s to work together to improve visibi lit y, and for each s tate to develop a series of state implem e ntation plans ( " SIPs") that set forth th e plan to reducevis ibilit y impairment to meet a 2064 deadline requiring that the v isibility in all C la ss I
areas will be retumed to natura l co nditi o n s. The D epartm ent' s technical experts within the Division of Air and Waste Management, Air Quality Management Section, after the required consultation with the Mid-Atlantic/Northeast Visibility U ni o n ("MANE-VU") Region al Planning Organization ("RPO") members, Federal Land Managers ("FLMs") responsible for th e Class I areas, and the EPA, prepare d th e exte n s ive ly researched o n e hundred and te n p age Proposed SIP. The Prop osed SIP co n s id e rs and demonstrates D e laware ' s efforts to satisfy th e following R eg ional H aze Rule requirements: 1) monitorin g strate g ies for eval u ati n g
v i sib ili ty impact s, 2) baselines and tr ends, 3) lon g -term s trate gies, 4) h ow Delaware meets it s fair share of th e "reasonab le progress goals" toward s red uci n g visibility impa irm e nt in Class I areas , and 5) Best Ava il able Retrofit T ec hn o lo gy ("BART"). The Proposed SIP also dem o n strates that Delaware ha s m et it s Regional H aze Ru le ob li gatio n s for the Re gio nal Haze Rule's 20 1 8 v i s ibilit y impairm e nt standard. On August 1 7 , 2008 and o n Sep tember 1 , 2008, the Departme nt p rov id ed public notice of the Propo sed SIP, and he ld a September 23, 2008 public hea rin g as required by EPA r eg ul ations in order t o p rov id e the public an opportunity to comment on the Proposed SIP. No one from th e public attended the hearing and the Department received
one writ te n com ment , w hi c h indic ated genera l ag reement with the Proposed SIP. Jack Sipp le of th e Department' s Division of A ir and Waste Management, Air Qua lity Management Sec ti o n de ve lop ed the reco rd at th e hearin g with hearin g ex hibit , including
vo lumin o u s s upportin g do c um ents. At the hearin g, Mr. Sipple recommended severa l minor technica l and grammatical correct ions to th e Proposed Plan.

2The Department's presiding hearing officer, Robert P. Haynes, reviewed the record and orally recomm e nd ed that the Department approv e the Proposed SIP , as revi sed at the hearing , a s a fin al plan. I agree with the hearing officer 's recomm e nd ation and h ereb y approve the Propo sed SIP, a s revi se d at the hearing , as the Department 's fi nal plan to be s ubl1'.itted to th e EPA to comply with the C AA and EPA's CAA regulation s . 

### In conclusion , the foll owi ng finding s and conclusions are e ntered: I
. The Department, acting through thi s Order of the Secretary h ereby approve s "Delaware Visibility State Impl e mentation Plan" as a final plan , as attached h e reto; 2. The D ep artm e nt s hall have this Order published in th e Delaware R eg iste r of R egu lations and in new spap ers in the same m an n e r as the

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