Regulations and Plans Under Development

The DNREC Division of Air Quality is committed to openness and transparency as it updates and amends state Air Quality Regulations and related state implementation plans. This page provides information on items under development.

Amendments to the Delaware’s Low Emission Vehicle Program

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Kyle Krall
Division of Air Quality

Proposed Draft Amendments Stakeholder Meetings Public Workshops

The Division of Air Quality is amending regulation 7 DE Admin. Code 1140 – Delaware’s Low Emission Vehicle Program.

The purpose of this action is to amend 7 DE Admin. Code 1140, to update the adoption by reference of California’s Advance Clean Car II (ACC II) low emission vehicle and greenhouse gas standards and add the requirements for zero emitting vehicles for model year 2026 and beyond.

The ACC II regulations will reduce criteria and greenhouse gas emissions from new light- and medium-duty vehicles beyond the 2025 model year as well as add the new requirements for zero emission vehicles.

These standards were adopted in 2010 and went into effect for model year 2014, and since the original adoption California has made changes necessary for automobile manufactures to comply.

Section 177 of the Clean Air Act requires that Delaware standards must be “identical to the California standards.”

This regulatory amendment process started with DNREC Start Action Notice 2022-01.

Motor Vehicle Emissions Inspections Program

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Marvina Cephas
Division of Air Quality

Public Workshops Proposed Draft Amendments Fact Sheet

The DNREC Division of Air Quality is amending 7 DE Admin. Code 1126 (Motor Vehicle Emissions Inspection Program) and 7 DE Admin. Code 1131 (Low Enhanced Inspection and Maintenance Program).

The State of Delaware currently exceeds Nation Ambient Air Quality Standards (NAAQS) for Ozone. Ozone is formed by photochemical reactions between hydrocarbons (HC) and nitrogen oxides (NOx) in the atmosphere. Delaware Motor Vehicle Emission Inspection and Maintenance (I/M) Program inspects vehicles and requires repair of high emitters, to reduce HC and NOx emissions. Delaware operates two I/M programs in Kent/New Castle Counties, and a Basic I/M program in Sussex County.

In order to increase the statewide benefit of its I/M programs, DNREC proposes that the Basic I/M program in Sussex County be upgraded to the program in Kent and New Castle Counties. The proposed amendments to the Motor Vehicle Emissions I/M Programs include:

  • A model year exemption that expands each program from five to seven years to align with Delaware Code;
  • An increase for vehicles that weigh 8,501 up to 14,000 pounds gross vehicle weight beginning with model year 2008 for the On-Board Diagnostic (OBD) test in all counties;
  •  A change to the older vehicle testing requirements to include curb idle and gas cap tests for vehicles 1995 and older;
  • A phased-in schedule for the increase in the cost of repairs to obtain an emission waiver in Sussex County; and
  • Language to prevent vehicle tampering in all counties.

This regulatory amendment process started with DNREC Start Action Notices 2018-04 (Regulation 1126) and 2018-05 (Regulation 1131).

Related News Release: DNREC To Update Vehicle Emission Testing Requirements (5/13/22)