CHAPTER 829

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

PROCLAMATION

WHEREAS, I, Sherman W. Tribbitt, Governor of the State of Delaware, on November 21, 1973, proclaimed that a State of Emergency existed within the entire State of Delaware by reason of the impending or actual acute shortage of useable energy reserves; and

WHEREAS, in light of such impending. or actual acute shortage of useable reserves and in conjunction with the proclaiming of the State of Emergency, the 127th General Assembly on November 19, 1973, by virtue of the passage of Senate Bill No. 397, as amended, which was signed into law on November 20, 1973, authorized and empowered the Governor to promulgate reasonable orders, rules, and regulations, as he deemed necessary, to protect the public health, safety and welfare, and to bring the emergency situation under control within the acknowledged limitation of his powers as one Governor of one State; and

WHEREAS, Senate Bill No. 397, as amended, under Section 3130 (c) (2), granted powers to the Governor to issue orders, rules, and regulations, for the suspension and modification of existing standards and requirements affecting or affected by the use of energy resources, including those relating to air quality controls which are within the authority of the State to suspend or to modify; and

WHEREAS, the Department of Natural Resources and Environmental Control of the State of Delaware has received and continues to receive numerous requests for temporary emergency variances to Department Regulations Governing the Control of Air Pollution; and

WHEREAS, the statutory method by which the Department of Natural Resources and Environmental Control is compelled to evaluate variance requests submitted pursuant to 7 Del. C. Section 6011 and 7 Del. C. Section 6012 would in certain instances place applicants for variances in a position whereby violations of State law would occur prior to complete determination with respect to a variance request through no fault of the applicant; and

WHEREAS, it is necessary for the Department of Natural Resources and Environmental Control to act expeditiously with respect to situations which would require violations of State law as a result of shortages of useable energy reserves conforming to Department regulatory requirements; and

WHEREAS, it is necessary for the Department of Natural Resources and Environmental Control to assure compliance with Federal laws, regulations, and guidelines respecting the attainment and maintenance of Air Quality Standards.

NOW, THEREFORE, I, Sherman W. Tribbitt, by the authority vested in me as Governor of the State of Delaware, determine that the following action is reasonable and necessary in view of the emergency situation, and do hereby order and declare as follows:

1. During the current proclaimed period of State of Emergency and any subsequently proclaimed period of State of Emergency resulting from impending or actual shortages of useable energy reserves, the Secretary of the Department of Natural Resources and Environmental Control (hereinafter referred to as the "Secretary"), may, without conducting a public hearing, grant short term emergency variances to Department Regulations Governing the Control of Air Pollution, for a period not to exceed one hundred and twenty (120) days.

2. Any short term emergency variance granted under these provisions shall be based on the conditions set forth in 7 Del. C. Section 6012, except that the time limitation on the duration of temporary emergency variance contained therein shall be inapplicable.

3. The Secretary shall have the authority to grant short term emergency variances under these provisions only when such granting is necessitated by impending or actual shortages of fuels conforming to Department regulations.

4. The authority of the Secretary to grant short term emergency variances for periods not to exceed one hundred and twenty (120) days shall not be limited in any way by prior temporary emergency variances granted by the Secretary pursuant to 7 Del. C. Section 6012.

5. This Order shall be effective immediately upon approval of this Order by the bipartisan joint legislative committee, established by Senate Bill No. 397, as amended.

IN WITNESS WHEREOF, I, SHERMAN W. TRIBBITT, Governor of the State of Delaware, have hereunto set my hand and caused the Great Seal of the said State to be hereunto affixed at Dover this 26th day of February

(GREAT SEAL) in the year of our Lord, one thousand nine hundred and seventy-four, and of the Independence of the United States of America, the one hundred and ninety-eighth.

SHERMAN W. TRIBBITT, Governor

Attest: ROBERT H. REED, Secretary of State