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Public Hearing: Motor Vehicle Emissions Inspections Program



Division of Air Quality

Published: Aug. 28, 2022
Comments Due: Oct. 14, 2022
Public Hearing Page
Sept. 29, 2022

The Department of Natural Resources and Environmental Control (DNREC), Division of Air Quality (DAQ) will conduct a virtual public hearing (Docket #2022-R-A-0001, #2022-R-A-0002 and #2022-R-A-0010) on Thursday, September 29, 2022 beginning at 6:00 p.m. on the following:

Docket #2022-R-A-0001: Proposed amendments to 7 DE Admin. Code 1126 “Motor Vehicle Emissions Inspection Program,” the purpose of which is to provide a model year exemption that expands the vehicle inspection program from five to seven years to align with Delaware Code; increase the applicability of the regulation to include 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; modify the older vehicle testing requirements to include curb idle and gas cap tests for vehicles 1995 and older; include a phased-in schedule for the increase in the cost of repairs to obtain an emission waiver in Sussex County; and include language that prevents vehicle tampering. Hearing begins at 6:00 pm.

Docket #2022-R-A-0002: Proposed amendments to 7 DE Admin. Code 1131 “Low Enhanced Inspection and Maintenance Program – Kent and New Castle Counties,” the purpose of which is to provide a model year exemption that expands the vehicle inspection program from five to seven years to align with Delaware Code; increase the applicability of the regulation to include 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; modify the older vehicle testing requirements to include curb idle and gas cap tests for vehicles 1995 and older; and include language that prevents vehicle tampering.

Hearing begins immediately following Docket #2022-R-A-0001 hearing.

Docket #2022-R-A-0010: Proposed amendments to the Delaware State Implementation Plan (SIP): “Low Enhanced Inspection and Maintenance Program; Plan for Implementation (PFI),” which is to amend Delaware’s approved State Implementation Plan to align with 40 CFR 51.  The proposed amendments establish consistent emissions testing requirements statewide as well as exempt the first seven model years of a vehicle pursuant to House Bill 246.  The Department used the EPA’s Motor Vehicle Emission Simulator (MOVES) to create the input/output files to estimate the emissions in the State Implementation Plan (SIP).  The calculations demonstrate that emissions meet the Performance Standards.

Hearing begins immediately following Docket #2022-R-A-0002.

The proposed amendments and SIP may be inspected online starting September 1, 2022 at regulations.delaware.gov/services/current_issue.shtml or by contacting Marvina Cephas, by phone at 302-739-9402 or by email Marvina.Cephas@delaware.gov.

The web link to the virtual hearing can be accessed through the DNREC Public Hearings site at de.gov/dnrechearings. If prompted for a password, please use: MVEIP. To access the audio-only portion of the virtual hearing, dial 1-408-418-9388 and enter the event code 2339 665 6055. Closed-captioning is available by request if made at least 7 days before the event.

Those wishing to offer verbal comments during DNREC public hearings must pre-register no later than noon of the date of the virtual hearing at de.gov/dnreccomments or by telephone at 302-739-9001.

The Department will accept public comment through the close of business on, October 14, 2022. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, or by using the online form at de.gov/dnreccomments, or by U.S. mail to the following address:

Theresa Newman, Hearing Officer
DNREC — Office of the Secretary
89 Kings Highway, Dover, DE 19901




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