DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL
DIVISION OF AIR QUALITY
Statutory Authority: 7 Delaware Code, Sections 6010 and 6703 (7 Del.C.  §§6010 & 6703)
7 DE Admin. Code 1140
PROPOSED
REGISTER NOTICE
SAN # 2022-01
DOCKET # 2022-R-A-0011
1140 Delaware Low Emission Vehicle Program
1. TITLE OF THE REGULATIONS:
Amendments to 7 DE Admin. Code  1140, Delaware Low Emission Vehicle Program
2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:
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 low emission vehicle and greenhouse gas standards and add the requirements for zero emitting
vehicles for model year 2027 and beyond. The ACC II regulations will reduce criteria and greenhouse gas emissions fromnew light- and medium-duty vehicles beyond the 2025 model year as well as add the new requirements for zero emissionvehicles. These standards were initially adopted in 2010 and went into effect for model year 2014, and since the originaladoption California has made changes necessary for automobile manufactures to comply. Section 177 of the Clean Air Actrequires that Delaware standards must be "identical to the California standards."
3. POSSIBLE TERMS OF THE AGENCY ACTION:
None. 
4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:
7 Del.C.  Chapter 60 Environmental Control § 6010 and 
7 Del. C.  Chapter 67 Motor Vehicle Emissions §6703
5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:
The agency does not believe that other regulations will be impacted.
6. NOTICE OF PUBLIC COMMENT:
A virtual public hearing (Docket # 2022-R-A-0011) will be held on Wednesday, April 26, 2023, beginning at 6 p.m. The
web link to the virtual hearing can be accessed through the DNREC Public Hearings site at https://de.gov/dnrechearings . If
prompted for a passcode, please use: 693764. To access the audio-only portion of the virtual hearing, dial 1-646-931-3860and enter the meeting ID: 963 6971 8957. Closed-captioning is available by request if made at least 7 days before theevent.
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 https://de.gov/dnreccomments  or by telephone at 302-739-9295.
The proposed amendments may be inspected online starting April 1, 2023 at Delaware Register's website - https://
regulations.delaware.gov/services/current_issue.shtml  or in-person, by appointment only, by contacting Kyle Krall by
phone at 302-739-9402 or by email at kyle.krall@delaware.gov . 
The Department will accept public comment through Thursday, May 26, 2023. Comments will be accepted in written
form via email to DNRECHearingComments@delaware.gov , or by using the online form at https://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
7. PREPARED BY: Kyle Krall
1140 Delaware 
Low Emission V ehicle Advanced Clean Car Program
12/11/2013
1.0 Purpose1.1 The provisions of this regulation establish in Delaware a Low Emission Vehicle (LEV) and Advanced Clean Car
(ACC) program, which incorporates the requirements of the California LEV and Advance Clean Car program.
1.2 The LEV program shall apply to all new model year 2014 and subsequent model year motor vehicles that are
passenger cars, light-duty trucks, medium-duty passenger vehicles, and medium-duty vehicles subject to theCalifornia LEV 
and ACC program and delivered for sale in Delaware.
17 DE Reg. 640 (12/01/13)
12/11/2013
2.0 Applicability
2.1 Except as set forth in subsection 2.3 of this regulation no person shall deliver for sale, offer for sale, sell,
deliver, purchase, rent, acquire, receive, or register a new model year 2014 or subsequent model-yearpassenger car, light-duty truck, or medium-duty vehicle within Delaware unless the vehicle has been certifiedby CARB and has received a CARB Executive Order.
2.2 For the purposes of this regulation, it is presumed that the equitable or legal title to any motor vehicle with an
odometer reading of 7,500 miles or more has been transferred to an ultimate purchaser and that the equitableor legal title to any motor vehicle with an odometer reading of fewer than 7,500 miles has not been transferredto an ultimate purchaser.
2.3 The prohibitions contained in 
subsection 2.1 of this regulation shall not apply to vehicles that are:
2.3.1 Held for daily lease or rental to the general public or engaged in interstate commerce, which are registered
and principally operated outside of Delaware;
2.3.2 Test vehicles and emergency vehicles;2.3.3 Acquired by a resident of Delaware for the purposes of replacing a vehicle registered to such resident,
which vehicle was damaged, or became inoperative beyond reasonable repair, or was stolen while out ofDelaware; provided that such replacement vehicle is acquired outside of Delaware at the time thepreviously registered vehicle was either damaged or became inoperative beyond reasonable repair or wasstolen;
2.3.4 Transferred by inheritance;2.3.5 Transferred by court decree;2.3.6 Issued a certificate of conformity pursuant to the Clean Air Act and originally registered in another state by
a resident of that state who subsequently establishes residence in Delaware;
2.3.7 Sold directly from one dealer to another dealer;2.3.8 Sold for the purpose of being wrecked or dismantled;2.3.9 Sold exclusively for off-highway use;2.3.10 Sold for registration outside of Delaware;2.3.11 Military tactical vehicles; or2.3.12 Acquired by a Delaware resident serving in the armed forces while stationed in another state.
17 DE Reg. 640 (12/01/13)
3/11/20183.0 Definitions
The following words and terms, when used in this regulation 
or in the context of the California LEV and ACC
program, shall have the following meanings unless the context clearly indicates otherwise. meanings:
“Air contaminant emission control system ” means the equipment designed for installation on a motor
vehicle or motor vehicle engine for the purpose of reducing the air contaminants emitted from the motor vehicleor motor vehicle engine or a system or engine modifications on a motor vehicle which causes a reduction of aircontaminants emitted from the motor vehicle engine, including but not limited to exhaust control systems, fuelevaporative control systems and crankcase ventilating systems.
"ATPZEV " means advanced technology partial zero emission vehicle.
“Business ” means an occupation, profession or trade; a person or partnership or corporation engaged in
commerce, manufacturing, or a service; a profit-seeking enterprise or concern.
“California Air Resources Board or CARB ” Board ” or “CARB ” means the agency or its successor
established and empowered to regulate sources of air pollution in the state of California, including motorvehicles, pursuant to Section 39003, California Health & Safety Code, as amended or supplemented.“California-certified ” (vehicle) means a vehicle having a valid Executive Order stating that the vehicle meets
all applicable requirements under applicable sections of Title 13, CCR and approved for sale in California byCARB.
“California low emission vehicle program ” means the low emission vehicle program being implemented in
the state of California, pursuant to the provisions of the Clean Air Act and the California Code of Regulations.
“CCR ” means the California Code of Regulations.
“Certificate of conformity ” means that document issued by California Air Resources Board, or the United
States Environmental Protection Agency.
“Clean Air Act or CAA ” means the Federal Clean Air Act, 42 U.S.C. §§ 7401 et seq., as amended and
supplemented.
“Dealer ” means any person actively engaged in the business of offering to sell, soliciting or advertising the
sale, buying, transferring, leasing, selling or exchanging new motor vehicles and who has an established placeof business.
“Delivered for sale ” means vehicles that have received a bill of lading for sale in Delaware and are shipped, or
are in the process of being shipped to a dealer in Delaware.
“Department ” means the Delaware Department of Natural Resources and Environmental Control.
“Emergency vehicle ” means any publicly owned vehicle operated by a peace officer in the performance of
their duties, any authorized emergency vehicle used for fighting fires or responding to emergency fire calls andany publicly owned authorized emergency vehicle used by an emergency medical technician or –paramedic orany ambulance used by a private entity under contract with a public agency.
“Emission Control Label ” means a paper, plastic, metal or other permanent material, welded, riveted or
otherwise permanently attached to an area within the engine compartment (if any), or to the engine, in such away that it will be visible to the average person after installation of the engine in all new vehicles certified forsale in California, in accordance with Title 13, California Code of Regulations Section 1965.
"Emission credits " means credits earned when a manufacturer's reported fleet average is less than the
required fleet average.
"Emission debits " means debits earned when a manufacturer's reported fleet average exceeds the required
fleet average.
“Emission standards ” mean specified limitations on the discharge of air contaminants into the atmosphere.
“Environmental Performance Label ” means a paper or plastic decal securely affixed by the manufacturer to
a window of all passenger cars, light-duty trucks, and medium-duty passenger vehicles which disclose theglobal warming and smog score for the vehicle in accordance with Title 13, CCR Section 1965.
“Executive Order ” means a document issued by CARB certifying that a specified test group or model year
vehicle has met all applicable requirements adopted by CARB pursuant to the applicable sections of Title 13,CCR for the control of specified air contaminants from motor vehicles and is thereby certified for sale inCalifornia.
“Federal Fuel Economy and Environmental Label ” means a Federal Label that is affixed by the
manufacturer to a window on all 2013 and subsequent model year passenger cars, light-duty trucks, andmedium-duty passenger vehicles and would deem automobile manufacturers compliant with the federalEconomy and Environmental Label published in 40 CFR Parts 85, 86 and 600 as promulgated on July 6, 2011as compliant with the California Environmental Performance Label requirements. The label must disclose thesmog and global warming scores for the vehicle in accordance with Title 13, CCR Section 1965 and the"California Motor Vehicle Emission Control, Smog Index, and Environmental Performance LabelSpecifications."
“Fleet Average Emission ” means a vehicle manufacturer’s average vehicle emissions of all greenhouse
gases, non-methane organic gases (NMOG), or NMOG plus oxides of nitrogen (NMOG + NOx), as applicable,from all new vehicles delivered for sale or lease in Delaware in any model-year.
“Greenhouse Gas ” means any of the following gases: carbon dioxide, methane, nitrous oxide, and
hydrofluorocarbons.
“Greenhouse Gas Credit ” means greenhouse gas credit.
“Greenhouse Gas Vehicle Test Group ” means vehicles that have an identical test group, vehicle make and
model, transmission class and driveline, aspiration method (e.g., naturally aspirated, turbocharged), camshaftconfiguration, valve train configuration, and inertia weight class.
“Gross vehicle weight rating or GVWR ” means the value specified by the manufacturer as the maximum
design loaded weight of a single vehicle.
“Heavy-duty Engine ” means any engine used to propel a heavy-duty vehicle.“Heavy-duty Vehicle ” means a heavy-duty vehicle as defined at Title 13, CCR, Section 1900.
“Independent Low Volume Manufacturer ” means a manufacturer that has been designated by CARB as
an independent low volume manufacturer as defined at Title 13, CCR, Section 1900.
“Intermediate volume manufacturer ” means a manufacturer that has been designated by CARB as an
intermediate volume manufacturer as defined at Title 13, CCR, Section 1900.
“Large volume manufacturer ” means a manufacturer that has been designated by the CARB as a large
volume manufacturer as defined at Title 13, CCR, Section 1900.
“Light-duty truck ” means any 2000 and subsequent model year motor vehicle certified to the standards in
Title 13, CCR, Section 1961(a)(1), rated at 8,500 pounds gross vehicle weight or less, and any other motor
vehicle rated at 6,000 pounds gross vehicle weight or less, which is designed primarily for purposes oftransportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use.
“Loaded vehicle weight ” means the vehicle curb weight plus 300 pounds.
“Manufacturer ” means any independent low volume, small, intermediate or large volume vehicle manufacturer
as defined at Title 13, CCR, Section 1900.
“Medium-duty passenger vehicle ” means medium-duty passenger vehicle as defined at Title 13, CCR,
Section 1900.
“Medium-duty vehicle ” means medium-duty  vehicle as defined at Title 13, CCR, Section 1900.
“Military tactical vehicle ” means all land combat and transportation vehicles, excluding rail-based, which are
designed for or are in use by any of the United States armed forces.
“Model year ” means, for each vehicle manufacturer the period which includes January 1 of the calendar year
in which the model is first offered for sale and ends December 31 of the final calendar year of sale or, if themanufacturer has no annual production period, the calendar year. In case of any vehicle manufactured in twoor more stages, the time of manufacture shall be the date of completion of the chassis.
“Motor vehicle engine ” means an engine that is used to propel a motor vehicle.
“Motor 
vehicle or vehicle ” vehicle ” or “vehicle ” means every device in, upon, or by which a person or
property is or may be transported otherwise than by muscular power, excepting such devices as run only uponrails or tracks and motorized bicycles.
“New motor vehicle engine ” means a new engine in a motor vehicle.
“New vehicle ” means any vehicle with 7,500 miles or fewer on its odometer.
“NMOG + NOx Credit ” means non-methane organic gas plus oxides of nitrogen credit.
“Non-methane organic 
gas or NMOG ” gas” or “NMOG ” means the total mass of oxygenated and non-
oxygenated hydrocarbon emissions.
“Passenger car ” means any motor vehicle designed primarily for transportation of individuals and having a
design capacity of 12 individuals or fewer.
“Person ” means an individual, public or private corporation, company, partnership, firm, association, society or
joint stock company, municipality, state, interstate body, or any Board, commission, employee, agent, officer orpolitical subdivision of a state, an interstate body or the United States.
“Placed in service ” means having been sold or leased to an end-user and not to a dealer or other distribution
chain entity, and having been individually registered for on-road use by the Delaware Division of MotorVehicles.
"PZEV " means partial zero emission vehicle.
"Qualifying Community-based Clean Mobility Program " means a program determined by the Department
to qualify as a community-based clean mobility program pursuant to guidance issued by the Department of
Natural Resources & Environmental Control. The Department must determine that a program qualifies as a
community-based clean mobility program before a manufacturer may earn vehicle value pursuant to the
requirements of Title 13, CCR, Section 1962.4.
“Recall ” means: a manufacturer's issuing of notices directly to consumers that vehicles in their possession or
control should be corrected; and/or a manufacturer's efforts to actively locate and correct vehicles in thepossession or control of consumers.
“Recall Campaign ” means that plan approved by the California Air Resources Board or the Department, by
which the manufacturer will effect the recall of noncomplying vehicles.
“Sale or sell” “Sale” or “sell” means the transfer of equitable or legal title to a motor vehicle or motor vehicle
engine to the ultimate purchaser.
“Secretary ” means the Secretary of the Department.“Small Volume Manufacturer ” means a manufacturer that has been designated by the CARB as a small
volume manufacturer as defined at Title 13, CCR, Section 1900.
“State ” means the State of Delaware, unless otherwise specified.
“Test group ” means a grouping of vehicles as defined by 40 CFR 86.1827-01, as supplemented or amended,
and incorporated herein by reference.
“Test vehicle ” means an experimental or prototype motor vehicle that appears to have very low emission
characteristics, or a used motor vehicle within which an experimental motor vehicle pollution control device isinstalled, and which has also received a test vehicle or fleet permit from CARB.
"TZEV " means transitional zero emission vehicle.
“Ultimate purchaser ” means, with respect to any new motor vehicle or new motor vehicle engine, the first
person whom in good faith purchases a new motor vehicle or new motor vehicle engine for purposes otherthan resale.
“USEPA ” means the United States Environmental Protection Agency. 
“Vehicle identification 
number or VIN” number ” or “VIN” means a unique, 17 digit, alphanumeric code that
the vehicle manufacturer assigns to a vehicle.
"ZEV" means any passenger car, light-duty truck, or medium-duty truck certified to the zero emission vehicle
standards in Title 13 CCR § 1962, 1962.1, 1962.2, and 1962.4. 
"ZEV credit bank " means a zero-emission vehicle credit bank set up by the CARB or the environment
department that records and tracks the generation, verification, transfer , voluntary retirement, use, and
invalidation of zero-emission vehicle credits.
17 DE Reg. 640 (12/01/13)
21 DE Reg. 730 (03/01/18)
12/11/2013
4.0 Emission certification standards
Each model year and subsequent motor vehicle subject to subsection 2.1 of this regulation shall be California-
certified .
3/11/2018
5.0 New Vehicle Emission Requirements
5.1 No person, including a manufacturer or dealer, shall deliver for sale or lease, offer for sale or lease, sell or
lease, import, acquire, receive, purchase or rent a new vehicle that is a 2014 or subsequent model-yearpassenger car, light-duty truck, and medium-duty passenger vehicles, or medium-duty vehicle in Delawareunless the vehicle is California-certified and complies with the following criteria:
5.1.1
the The exhaust emission standards, as applicable in Title 13, CCR Section including:
5.1.1.1 The Low Emission Vehicle Program, Sections 1900, Section 1956.8 (g) or (h), 1960.1, 1961,
1961.1, 1961.2, or 1961.3 , and 1961.4; and
5.1.1.2 The Greenhouse Gas Emission Standards Program, Sections 1961.1 and 1961.3; and
5.1.1.3 Beginning with model year 2027, the Zero Emission Vehicle Program Sections 1962, 1962.1,
1962.2, 1962.3, 1962.4, 1962.5; and
5.1.2 the The environmental performance label requirements for 2014 and subsequent model year vehicles in
accordance with Title 13, CCR, Section 1965, 1965; and
5.1.3 the The evaporative emission standards in Title 13, CCR, Section 1976, 1976; and
5.1.4 the The refueling emission standards in Title 13, CCR, Section 1978, 1978; and
5.1.5 the The malfunction and diagnostic system requirements in Title 13, CCR, 1968.2, Sections 1968.1,
1968.2; and
5.1.6 the The assembly-line testing procedure requirements in Title 13, CCR, Section 2062, 2062; and
5.1.7 the The specifications for fill pipes and openings of motor vehicle fuel tanks in Title 13, CCR, Section 2235.
5.2 For new 2027 and subsequent model year, each manufacturer's sales fleet of passenger cars and light-duty
trucks produced and delivered for sale in Delaware shall contain at least the same percentage of zero emission
vehicles subject to the same requirements set forth in Title 13, CCR, Section 1962.4 using Delaware specific
vehicle production volume calculated per Title 13, CCR, Sections 1962.4.
17 DE Reg. 640 (12/01/13)
21 DE Reg. 730 (03/01/18)12/11/2013
6.0 Manufacturer Fleet Requirements
6.1 Each manufacturer shall meet the following fleet requirements for the new vehicles delivered for sale or lease
in Delaware:
6.1.1 Effective for 2014 model-years, each manufacturer shall comply with the fleet average NMOG emission
requirements and LEV II phase-in requirements for passenger cars and light-duty trucks which  average
shall be based  on the number  of the manufacturer's vehicles subject to 2.1 of this regulation and, for
2014 and subsequent model-years, may earn and bank NMOG credits, both in accordance with Title 13,
CCR, Section 1961(c),  except  that the formula  for accruing  credits  at Title 13, CCR,  Section  1961(c)  shall
be based  upon  the number  of vehicles  the manufacturer  produces  and delivers  for sale in Delaware  in
accordance  with this regulation. RESERVED
6.1.2 Effective for the 2015 and subsequent through 2025 model-years, each manufacturer shall comply with the
fleet average NMOG + NOx emission requirements and the LEVIII phase-in requirements for passengercars, light-duty trucks and medium-duty vehicles, and may earn and bank NMOG + NOx credits asapplicable, all in accordance with Title 13, CCR, Section 1961.2.
6.1.3
Effective for the 2014 through 2016 model-years, each manufacturer shall comply with the fleet average
emission greenhouse gas requirements for passenger cars, light-duty trucks and medium-duty passenger
vehicles, and for 2014 and subsequent model-years earn and bank GHG credits, in accordance with Title
13, CCR, Section 1961.1. Effective for the 2027 and subsequent model-years, each manufacturer shall
comply with the fleet average NMOG + NOx emission requirements and phase-in requirements for
passenger cars, light-duty trucks and medium-duty vehicles, and may earn and bank NMOG + NOx credits
as applicable, all in accordance with Title 13, CCR, Section 1961.4.
6.1.4 Effective for the 2017 and subsequent model years, each manufacturer shall comply with the fleet average
emission greenhouse gas requirements for passenger cars, light-duty trucks and medium-duty passengervehicles, and may earn and bank GHG credits, in accordance with Title 13, CCR, Section 1961.3.
6.2 Each new vehicle model subject to 
subsection 2.1 of this regulation shall satisfy the motor vehicle emission
requirements of Title 13, CCR, Sections: 1956.8 (g) or (h), 1960.1, 1961, 1961.1, 1961.2, 1961.3, 1961.4,
1962.3, 1962.4, 1962.5, 1962.6, 1962.7, 1962.8, 1965, 1968.2, 1968.5, 1969, 1976, 1978, 2037, 2038, 2062,
2101, 2111, and 2235. A manufacturer shall demonstrate compliance by presenting to the Department uponrequest copies of the applicable Executive Order.
6.3 Each manufacturer of a vehicle subject to 
subsection 2.1 of this regulation shall conduct Inspection Testing
and Quality Audit Testing in accordance with Title 13, CCR, Section 2062, and shall provide the test results  to
the Department upon request. A manufacturer shall demonstrate compliance by presenting to the Department,upon request, copies of the test results and the determination and findings made by CARB.
6.4 Each new vehicle subject to 
subsection 2.1 of this regulation, prior to being offered for sale in Delaware, shall
meet the motor vehicle emission requirements of Title 13, CCR, Section 1961, as determined by compliancetesting, conducted by CARB in accordance with Title 13, CCR, Sections 2101 through 2110, 2150, and 2151. Amanufacturer shall demonstrate compliance by presenting to the Department, upon request, copies of the testresults and the determination and findings made by CARB.
6.5 For the purposes of detection and repair of vehicles subject to this regulation failing to meet the motor vehicle
emission requirements of Title 13, CCR, Section 1961 the Department may conduct, after consultation withCARB, In-Use Vehicle Enforcement Testing in accordance with the protocol and testing procedures in Title 13,CCR, Section 2140. A manufacturer shall demonstrate compliance by presenting to the Department, uponrequest, copies of the test results and the determination and findings made by CARB.
17 DE Reg. 640 (12/01/13)
3/11/20187.0 Warranty
7.1 Each manufacturer of a vehicle subject to 
subsection 2.1 of this regulation shall warrant to the ultimate
purchaser and each subsequent purchaser that the vehicle shall comply over its period of warranty coveragewith all requirements of Title 13, CCR, Sections 2035 through 2038, 2040, 
and 2041 , and 2046.
7.2 Each manufacturer of a vehicle subject to subsection 2.1 of this regulation shall submit to the Department,
upon request, an Emission Warranty Information report as defined at Title 13, CCR, Section 2144.
7.3 For purposes of compliance with subsection 7.2 of this regulation, a manufacturer may submit copies of the
Emission Warranty Information report that are submitted to CARB.
7.4 Each manufacturer of a vehicle subject to subsection 2.1 of this regulation shall include the emission control
system warranty statement that complies with the requirements of Title 13, CCR, Section 2039. Manufacturersmay modify this statement as necessary to inform Delaware vehicle owners of the warranty applicability. The
manufacturer shall provide a telephone number appropriate for Delaware residents.
17 DE Reg. 640 (12/01/13)
21 DE Reg. 730 (03/01/18)
12/11/2013
8.0 Reporting and Record-Keeping Requirements
8.1 Beginning with the 2014 model year, each manufacturer of a vehicle subject to subsection 2.1 of this regulation
shall submit annually to the Department, no later than May March 1 following the close of the model year, a
report itemized by test group and emissions standard documenting total new vehicle deliveries for sale orlease in Delaware. 
8.2 Beginning with the 2014 model year, each manufacturer of a vehicle subject to 
subsection 2.1 of this regulation
shall submit annually to the Department, by no later than May March 1 following the close of the model year, a
report, itemized by test group and emission standard, that demonstrates the manufacturer has met the fleetrequirements of Section 6.0 of this regulation for the model year just ended for vehicles delivered for sale inDelaware.
8.3 If a manufacturer wants to bank GHG, NMOG, or NMOG + NOx credits, the manufacturer shall submit
annually to the Department, by no later than May 1 following the end of the model-year, a report whichdemonstrates that such manufacturer has earned GHG, NMOG, or NMOG + NOx credits in Delaware. Creditsare to be calculated in the same manner as required by CARB.
8.4 Beginning with the 2014 model year, each dealer of a vehicle exempted under 
subsection 2.3.7 of this
regulation must keep records on all inter or intra-dealer trades of new 2014 or subsequent model-year vehiclesthat have not been certified by CARB and therefore have not received a CARB Executive Order, and theserecords shall be made readily available to the Department upon request.
8.5 No later than the 2027 model year, manufacturers shall establish a ZEV Credit Bank per Section 13.0 of this
regulation and submit ZEV reports to the Department in accordance with Title 13, CCR, Section 1962.4 as
adopted by reference pursuant to Section 10.0 of this regulation.
17 DE Reg. 640 (12/01/13)
12/11/20139.0 Enforcement
9.1 Records to support any application, notice, report or amendment submitted to the Department under this
regulation shall be maintained for a period of no less than five years after submitting the information to theDepartment, and shall be made readily available to the Department upon request.
9.2 Failure to comply with any of the obligations or requirements of this regulation shall subject the violator to an
enforcement action pursuant to the provisions of 7  Del.C. Ch 60.
9.3 Any order or enforcement action taken by CARB to correct noncompliance with any section of Title 13, CCR,
which action results in the recall of any vehicle pursuant to Title 13, CCR, sections 2109 through 2135, shall beapplicable in Delaware, except where the manufacturer demonstrates to the Department’s satisfaction within30 days of issuance of the CARB action that the action is not applicable to vehicles subject to this regulation.
9.4 Any emission-related recall campaign, voluntary or otherwise, initiated by any manufacturer pursuant to Title
13, CCR, Sections 2113 through 2121, shall extend to all similar vehicles subject to 
subsections 2.1 and 2.4 of
this regulation, except where the manufacturer demonstrates to the Department’s satisfaction within 30 days ofCARB approval of the campaign that the campaign is not applicable to 
the vehicles subject to 2.1 of this
regulation.
3/11/2018
10.0 Incorporation by Reference
10.1 Unless specifically excluded by this regulation, when a provision of the CCR is incorporated by reference, all
notes, comments, appendices, diagrams, tables, forms, figures, and publications are also incorporated byreference.
10.2 The Low Emission Vehicle Program at 7 DE Admin. Code  1140 refers to various sections of Title 13 of the
California Code of Regulations (CCR). Wherever 7 DE Admin. Code  1140 refers to a specific section of the
CCR, the reference is made to that version of the section as of the section amended date provided for thatsection in Table 1 
of this regulation. The Department hereby incorporates by reference each of the sections of
Title 13 CCR that are listed in Table 1 as of such section’s respective section amended date.10.3 Provisions of the CCR that are excluded from incorporation by reference in this regulation are excluded in their
entirety, unless otherwise specified. If there is a cross-reference to a California citation that was not specificallyincorporated, the cross-referenced citation is not incorporated by virtue of the cross-reference. 
10.4 Nothing in these provisions incorporated by reference from the CCR shall affect the Department's authority to
enforce statutes, rules, permits, or orders administered or issued by the Secretary.
10.5 The following documents and sources of Title 13 of the California Code of Regulations (CCR) are incorporated
by reference within this regulation:
Table 1
California Code of Regulations (CCR) 
Title 13
Provisions Incorporated by Reference
Title 13, CCR Title Section Amended Date
Chapter 1 Motor Vehicle Pollution Control Devices Article 1 General Provisions
Section 1900 Definitions As effective July 25, 2016 November 
30, 2022
Article 2 Approval of Motor Vehicle Pollution Control Devices (New Vehicles)
Section 1956.8(g) 
and (h)Exhaust Emission Standards and Test Procedures – 1985 
and Subsequent Model Heavy Duty Engines and VehiclesAs effective July 25, 2016
Section 1960.1 Exhaust Emission Standards and Test Procedures – 1981 
and through 2006 Model Passenger Cars, Light-Duty and 
Medium-Duty VehiclesAs effective December 31, 2012
Section 1961 Exhaust Emission Standards and Test Procedures – 2004 
through 2019 Model Passenger Cars, Light-Duty Trucks 
and Medium-Duty VehiclesAs effective December 31, 2012
Section 1961.1 Greenhouse Gas Exhaust Emission Standards and Test 
Procedures – 2009 through 2016 Model Passenger Cars, 
Cars and Light-Duty Trucks, and Medium-Duty VehiclesAs effective August 7, 2012
Section 1961.2 Exhaust Emission Standards and Test Procedures – 2015 
and Subsequent through 2025 Model Passenger Cars, and 
Light-Duty Trucks, and 2015 through 2028 Model Year 
Medium-Duty Vehicles. VehiclesAs effective December 12, 2018 
November 30, 2022
Section 1961.3 Greenhouse Gas Exhaust Emission Standards and Test 
Procedures – 2017 and Subsequent Model Passenger 
Cars, Light-Duty Trucks, and Medium-Duty Vehicles. 
VehiclesAs effective December 12, 2018 
November 30, 2022
Section 1961.4 Exhaust Emission Standards and Test Procedures - 2026 
and Subsequent Model Passenger Cars, Light-Duty 
Trucks, and Medium-Duty VehiclesAs effective November 30, 2022
Section 1962.2 Zero-Emission Vehicle Standards for 2018 through 2025 
Model Year Passenger Cars, Light-Duty Trucks, and 
Medium-Duty VehiclesAs effective November 30, 2022
Section 1962.3 Electric Vehicle Charging Requirements As effective November 30, 2022
Section 1962.4 Zero-Emission Vehicle Requirements for 2026 and 
Subsequent Model Year Passenger Cars and Light-Duty 
TrucksAs effective November 30, 2022
Section 1962.5 Data Standardization Requirements for 2026 and 
Subsequent Model Year Light-Duty Zero Emission 
Vehicles and Plug-in Hybrid Electric VehiclesAs effective November 30, 2022
Section 1962.6 Battery Labeling Requirements As effective November 30, 2022Section 1962.7 In-Use Compliance, Corrective Action and Recall Protocols 
for Zero Emission for 2026 and Subsequent Model Year 
Passenger Cars and Light-Duty TrucksAs effective November 30, 2022
Section 1962.8 Warranty Requirements for Zero Emission and Batteries in 
Plug-in Hybrid Electric 2026 and Subsequent Model Year 
Passenger Cars and Light-Duty TrucksAs effective November 30, 2022
Section 1965 Emission Control and Smog Index Labels – 1979 and 
Subsequent Model Year VehiclesAs effective October 8, 2015  November 
30, 2022
Section 1968.1 Malfunction and Diagnostic System Requirements – 1994 
and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty VehiclesAs effective November 27, 1999
Section 1968.2 Malfunction and Diagnostic System Requirements – 2004 
and Subsequent Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty VehiclesAs effective 
July 25, 2016  November 
30, 2022
Section 1968.5 Enforcement of Malfunction and Diagnostic System 
Requirements for 2004 and Subsequent Model Year 
Passenger Cars, Light-Duty Trucks, and Medium-Duty 
Vehicles and EnginesAs effective July 25, 2016
Section 1976 Standards and Test Procedures for Motor Vehicle Fuel 
Evaporative EmissionsAs effective October 8, 2015  November 
30, 2022
Section 1978 Standards and Test Procedures for Vehicle Refueling 
EmissionsAs effective October 8, 2015  November 
30, 2022
Article 6 Emission Control System Warranty
Section 2035 Purpose, Applicability and Definitions As effective November 9, 2007
Section 2036 Defects Warranty Requirements for 1979 through 1989 
Model Year Passenger Cars, Light-Duty Trucks and 
Medium-Duty Vehicles; 1979 and Subsequent Model Year 
Motorcycles and Heavy-Duty Vehicles; and Motor Vehicle Engines Used in Such VehiclesAs effective December 5, 2014
Section 2037 Defects Warranty Requirements for 1990 and Subsequent 
Model Year Passenger Cars, Light-Duty Trucks and 
Medium-Duty Vehicles and Motor Vehicle Engines Used in 
Such VehiclesAs effective 
December 5, 2014  
November 30, 2022
Section 2038 Performance Warranty Requirements for 1990 and 
Subsequent Model Year Passenger Cars, Light-Duty 
Trucks and Medium-Duty Vehicles and Motor Vehicle 
Engines Used in Such VehiclesAs effective August 7, 2012  November 
30, 2022
Section 2039 Emission Control System Warranty Statement As effective December 26, 1990
Section 2040 Vehicle Owner Obligations As effective December 26, 1990
Section 2041 Mediation; Finding of Warrantable Condition As effective December 26, 1990
Section 2046 Defective Catalyst As effective February 15, 1979
Chapter 2 Enforcement of Vehicle Emission Standards and Enforcement Testing Article 1 Assembly Line Testing
Section 2062 Assembly-line Test Procedures 1998 and Subsequent 
Model yearsAs effective August 7, 2012
Article 2 Enforcement of New and In-use Vehicle Standards
Section 2101 Compliance Testing and Inspection – New Vehicle 
Selection, Evaluation and Enforcement ActionAs effective November 27, 1999
Section 2109 New Vehicle Recall Provisions As effective December 30, 1983
Section 2110 Remedial Action for Assembly-Line Quality Audit Testing 
of Less than a Full Calendar Quarter of Production Prior to the 2001 Model YearAs effective November 27, 1999Article 2.1 Procedures for In-Use Vehicle Voluntary and Influenced Recalls
Section 2111 Applicability As effective December 8, 2010
Section 2112 Definitions As effective December 5, 2014  
November 30, 2022
Appendix A to Article 2.1
Section 2113 Initiation and Approval of Voluntary and Influenced Recalls As effective January 26, 1995
Section 2114 Voluntary and Influenced Recall Plans As effective November 27, 1999
Section 2115 Eligibility for Repair As effective January 26, 1995
Section 2116 Repair Label As effective December 22, 2021
Section 2117 Proof of Correction Certificate As effective December 22, 2021
Section 2118 Notification As effective December 22, 2021
Section 2119 Recordkeeping and Reporting Requirements As effective December 22,2021
Section 2120 Other Requirements Not Waived. As effective January 26, 1995
Section 2121 Penalties. As effective December 22, 2021
Section 2127 Notification of Owners As effective January 26, 1995
Section 2128 Repair Label As effective January 26, 1995
Section 2129 Proof of Correction Certificate As effective January 26, 1995
Section 2130 Capture Rates and Alternative Measures As effective November 27,1999
Section 2131 Preliminary Tests As effective January 26, 1995
Section 2132 Communication with Repair Personnel As effective January 26, 1995
Section 2133 Record keeping and Reporting Requirements As effective January 26, 1995
Section 2135 Extension of Time As effective January 26, 1995
Article 2.3 In-Use Vehicle Enforcement Test Procedures
Section 2136 General Provisions As effective December 8, 2010
Section 2137 Vehicle and Engine Selection As effective December 28, 2000
Section 2138 Restorative Maintenance As effective November 27, 1999
Section 2139 Testing As effective December 5, 2014  
November 30, 2022
Section 2140 Notification of In-Use Results As effective December 5, 2014  
November 30, 2022
Article 2.4 Procedures for Reporting Failure of Emission-Related Components
Section 2141 General Provisions As effective December 8, 2010
Section 2142 Alternative Procedures As effective February 23, 1990
Section 2143 Failure Levels Triggering Recall As effective November 27, 1999
Section 2144 Emission Warranty Information Report As effective November 27, 1999
Section 2145 Field Information Report As effective August 7, 2012
Section 2146 Emissions Information Report As effective November 27, 1999
Section 2147 Demonstration of Compliance with Emission Standards As effective December 5, 2014  
November 30, 2022
Section 2148 Evaluation of Need for Recall As effective November 27, 1999
Section 2149 Notification of Subsequent Action As effective February 23, 1990
Chapter 3 Surveillance Testing17 DE Reg. 640 (12/01/13)
21 DE Reg. 730 (03/01/18)22 DE Reg. 949 (05/01/19)
3/11/2018
11.0 Document Availability
Any of the documents incorporated by reference may be obtained either from the Department or from the State
of California Office of Administrative Law, 300 Capitol Mall, Suite 1250 Sacramento, California 95814-4339 orat the California Office of Administrative Law website at: http://www.oal.ca.gov/ .
21 DE Reg. 730 (03/01/18)
12/11/201312.0 Severability
Each section of this subchapter is severable. In the event that any section, subsection or division is held invalid
in a court of law, the remainder of this subchapter shall continue in full force and effect.
13.0 Recall
For all California-certified vehicles registered in Delaware, each manufacturer shall undertake an action
equivalent to that which is required by any order or enforcement action taken by CARB, or any voluntary or
influenced emission related recall initiated by any manufacturer pursuant to Title 13, CCR, Sections 1962.7,
2101, 2109 through 2120, 2122 through 2133, 2135 through 2149, 2167, and 2168 unless within 30 days of
CARB approval of said recall, the manufacturer demonstrates to the Agency that such recall is not applicable
to vehicles registered in Delaware. Each manufacturer must send to owners of Delaware registered California-
certified vehicles the same notice that is used for California owners required by Title 13, CCR, Sections 2118 or
2127, except that it should contain a telephone number appropriate for Delaware.
14.0  ZERO EMISSION VEHICLES (ZEV)
14.1 Emission Standard. Certification for ZEV Emission Standards of new 2027 and subsequent model year
passenger cars, light-duty trucks and medium-duty vehicles shall be made pursuant to Title 13, CCR, Section
1962.4.
14.2 Percentage Requirements. Beginning with the 2027 model year, each manufacturer's sales fleet of passenger
cars and light-duty trucks produced and delivered for sale in Delaware shall contain at least the same
percentage of ZEVs subject to the same requirements set forth in the Title 13, CCR, Section 1962.4 using
Delaware specific vehicle production volume calculated per Title 13, CCR, Section 1962.4.
14.3 Reporting Requirements. Beginning with model year 2027, a manufacturer must submit a report to the
Department for each on-road vehicle produced and delivered for sale in Delaware for each model year as
required by Title 13, CCR, Section 1962.4.
14.4 Proportional Credits. A manufacturer may deposit into its Delaware account a number of credits equal to the
manufacturer's 2027 model year starting California "Converted credit" balance (i.e., those converted pursuant
to Title 13, CCR, Section 1962.4(g)(2)) multiplied by the number of new passenger cars and light-duty trucks
the manufacturer produced and delivered for sale in Delaware in model year 2026 and divided by the number
of new passenger cars and light- duty trucks that the manufacturer produced and delivered for sale in
California in model year 2026.
14.5 Early Action Credits. A manufacturer may earn early action credits for any 2023, 2024 or 2025 model year
range extended battery electric vehicles, neighborhood electric vehicles, transitional zero emission vehicles
and zero emission vehicles meeting the requirements of Title 13, CCR, Section 1962.2, the manufacturer
produces and delivers for sale in Delaware by reporting the total production and delivery of such vehicles to the
Department. Any early action credits earned pursuant to this section will be deposited into the manufacturer'sSection 2150 Assembly-Line Surveillance As effective December 30, 1983
Section 2151 New Motor Vehicle Dealer Surveillance As effective December 30, 1983
Chapter 4 Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives
Section 2222 Add-On Parts and Modified Parts As effective October 1, 2021
Chapter 4.4 Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks
Section 2235 Requirements As effective August 8, 2012account by the Department in the California ZEV Credit System for model year 2027 in addition to the credits
deposited pursuant to subsection 14.4. These credits shall be converted in accordance with Title 13, CCR,
Section 1962.4(g)(2).
3 DE Reg. 532 (10/01/99)
12 DE Reg. 347 (09/01/08)14 DE Reg. 583 (12/01/10)17 DE Reg. 640 (12/01/13)21 DE Reg. 730 (03/01/18)22 DE Reg. 949 (05/01/19)26 DE Reg. 823 (04/01/23) (Prop.)