August20,2014Mr.ShawnGarvinRegionalAdministrator[J.S.EnvironmentalProtectionAgencyRegionIII1650ArchStreetPhiladelphia,PAI9103-2029DearMr.Garvin:IampleasedtosubmittheenclosedamendmenttotheDelaware'sStatelmplementationPlan.'Iheamendmentisto7DEAdmin.Code1140-LOWEMISSIONVF,FIICILEPROGRAM.'l'hepurposeoftheamendmentwastorevise7DEAdmin.CodeI140tol)removetherequirementsthatprovideforprospectiveincorporationofrevisionsmadebyCalifornia,and2)adoptbyreferencetheapplicablesectionswithinTitlel3oftheCalif'orniaCodeofRegulationsthatcompriseCalifornia'sLowEmissionVehicle(t,EV)lllstandardandtheGreenhouseGas(CHG)standardformodelyears2015to2025.TheeffectivedateofthisamendmentisDecemberI1,2013.'IherequirementsoftheCAASectionIlO(aX2XA)havebeenmetthroughthenormalpublichearingprocessestablishedbytheStateoff)elawarewithpropernotification(30days)priortotheconveningofthepublichearing.AttachmentsAandBarecopiesol'affidavitsasproofofpropernotificationforthepublichearing.ItisthepositionoftheStateofDelawarethatallminimumrequirementssetforthinthe1990CleanAirActAmendmentshavebeenmet.AlsoenclosedwiththissubmittalisaCDwhichcontainsanexactduplicateofthehardcopymaterialsubmittedwiththisSIPrevisionpackage.Welookforwardtocontinuingthecooperativeeff-ortbetweenDelawareandEPAinthisimportantwork.Asalways,f,eelfreetocontactmeorAliMirzakhalili,Director,DivisionofAirQuality,(302)739-9402,ifyouhaveanyquestionsconcerningtheencloseddocuments.Sincerely,DavidS.SmallSecretaryEnclosurescc:AmieHowell,w/oencl.DianaEsher,EPAw/encl.AliMirzakhalili

### 1100 Division of Air Quality

1140 Delaware Low Emission Vehicle Program

12/11/2013

1.0 Purpose

1.1 The provisions of this regulation establish in Delaware a L ow E mission V ehicle (LEV)

program, which incorporates the requirements of the California LEV 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 the California LEV program and delivered for sale in Delaware.

12/11/2013

2.0 Applicability

2.1 Except as set forth in 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

mode l

- year p assenger car, light

- duty truck, or medium

- duty vehicle within Delaware unless

the vehicle has been certified by 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 equitable or legal title to any motor vehicle with an odometer

reading of fewer than 7,500 miles has not been transferred to an ultimate purchaser.

2.3 The prohibitions contained in 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 of Delaware; provided that such

replacement vehicle is acquired outside of Delaware at the time the previously

registered vehicle was either damaged or became inoperative beyond reasonable

repair or was stolen;

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; or

2.3.10 Sold for registration outside of Delaware.

2.3.11 Military tactical vehicles.

2.3. 12 A c quired by a Delaware resident serving in the armed forces while stationed in

another state.

12/11/2013

3.0 DefinitionsThe following words and terms, when used in this regulation, shall have the following

meanings unless the context clearly indicates otherwise.

“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 vehicle or motor vehicle engine or a system or engine

modifications on a motor vehicle which causes a reduction of air contaminants emitted from the

motor vehicle engine, including but not limited to exhaust control systems, fuel evaporative

control systems and crankcase ventilating systems.

“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

- 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 by CARB.

“California Air Resources Board or CARB” means the agency or its successor established

and empowered to regulate sources of air pollution in the state of California, including motor

vehicles, pursuant to Section 39003, California Health & Safety Code, as amended or

supplemented.

“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 place of 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 and any publicly owned authorized emergency vehicle usedby an emergency medical technician or

– paramedic or any 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 a way that it will be visible to the average person after inst allation of the

engine in all new vehicles certified for sale in California, in accordance with Title 13, California

Code of Regulations Section 1965.

“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 the global 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 in California.

“ F ederal Fue l Economy and Environmental Lab el ” 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, and medium

- duty passenger vehicles and would deem automobile manufacturers

compliant with the federal Economy an d Environmental Label published in 40 CFR Parts 85, 86

and 600 as promulgated on July 6, 2011 as compliant with the California Environmental

Performance Label requirements. The label must disclose the smog and global warming scores

for the vehicle in acco rdance with Title 13, CCR Section 1965 and the "California Motor Vehicle

Emission Control, Smog Index, and Environmental Performance Label Specifications."



### “Fleet Average Emission” means a vehicle manufacturer’s average vehicle emissions of all

greenhou se gases, non

- methane organic gases (NMOG), or NMOG plus oxides of nitrogen (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, n itrous 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), camshaft configuration, 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 of transportation 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 manufact urer 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 the manufacturer has no annual production period, the calendar year.

In case of any vehicle manufactured in two or more stages, the time of manufacture shall be the

date of completion of the chas s is.

“Motor 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 upon rails or tracks and motorized bicycles.

“Motor vehicle engine” means an engine that is used to propel a motor vehicle.

“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.

“Non

- methane organic gas or NMOG” means the total mass of oxygenated and

non

- oxygenated hydrocarbon emissions.“NMOG + NOx Credit” means non

- methane organic gas plus oxides of nitrogen credit.

“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 or political 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 Motor Vehicles.

“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 the possession or control of consumers.

“Recall Campaign” means that plan approved by the California Air Resources Board or the

Department, by whic h the manufacturer will effect the recall of noncomplying vehicles.

“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 is installed, and which has also received a test vehicle or fleet

permit from CARB.

“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 other than resale.

“USEPA” means the United States Environmental P rotection Agency.

“Vehicle identification number or VIN” means a unique, 17 digit, alphanumeric code

that the vehicle manufacturer assigns to a vehicle.12/11/2013

4.0 Emission certification standards

Each model year and subsequent motor vehicle subject to 2.1 of this regulation shall be

California

- certified

.

12/11/2013

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

- year passenger car, light

- duty truck , and medium

- duty vehicles, or

medium

- duty vehicle in Delaware unless the vehicle i s California

- certified and complies with the

following criteria:

5.1.1 the exhaust emission standards, as applicable in Title 13, CCR Section 1956.8

(g) or (h), 1960.1, 1961, 1961.1, 1961.2, or 1961.3 and

5.1.2 the environmental performance label requirements for 2014 and subsequent

model year vehicles in accordance with Title 13, CCR, Section 1965, and

5.1.3 the evaporative emission standards in Title 13, CCR, Section 1976, and

5.1.4 the refueling emission standards in Title 13, CCR, Section 1978, and

5.1.5 the malfunction and diagnostic system requirements in Title 13, CCR, 1 968.2,

and

5.1.6 the assembly

- line testing procedure requirements in Title 13, CCR, Section

2062, an d

5.1.7 the specifications for fill pipes and openings of motor vehicle fuel tanks in Title

13, CCR, Section 2235.

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

passeng er 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, Secti on 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.6.1.2 Effective for the 201 5 and subsequent model

- years, each manufacturer shall

comply with the fleet average NMOG + NOx emission requirements and the

LEVIII phase

- in requirements for passenger cars, light

- duty trucks and medium

duty vehicles, and may earn and bank NMOG + NOx cr edits as applicable, 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 tr ucks 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.

6.1.4 Effective for the 2 017 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 passenger vehicles, and may

earn and bank GHG credits, in accordance with Title 13, CCR, Section 1961.3.

6.2 Each new vehicle model subject to 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

, 1965

, 1 968.2

, 1968.5, 1976, 1978, 2037, 2038, 2062, 2101, 2111, and

2235. A manu facturer shall demonstrate compliance by presenting to the Department upon

request copies of the applicable Executive Order.

6.3 Each manufacturer of a vehicle subject to 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 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 compliance testing, conducted by CARB in accordance with Title 13, CCR,

Sections 2101 through 2110, 2150, and 2151. 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.

6.5 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 with CARB, 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, upon request, copies of the test

results and the determination a nd findings made by CARB.

12/11/2013

7.0 Warranty

7.1 Each manufacturer of a vehicle subject to 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 coverage with all requirements of Title 13, CCR, Sections 2035 through

2038, 2040, and 2041.7.2 Each manufacturer of a vehicle subject to 2.1 of this regulation shall submit to the

Department, upon request, a Emission Warranty Information report as defined at Title 13, CCR,

Section 2144.

7.3 For purposes of compliance with 7.2 of this regulation, a manufacturer may submit

copies of the Emission Warranty Information report that are submitted to CARB.

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 2.1

of this regulation shall submit annually to the Department, no later than May 1 following the

close of the model year, a report itemized by test group and emissions standard, documenting

total new vehicle deliveries for sale or lease in Delaware

.

8.2 Beginning with the 2014 model year, each manufacturer of a vehicle subject to 2.1

of this regulation shall submit annually to the Department, by no later than May 1 following the

close of the model year, a report, itemized by test group and emission stand ard , that

demonstrates the manufacturer has met the fleet requirements of Section 6 .0 of this regulation

for the model year just ended for vehicles delivered for sale in Delaware

.

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 M ay 1 following the end

of the model

- year, a report which demonstrates that such manufacturer has earned GHG,

NMOG, or NMOG + NOx credits in Delaware. Credits are 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 2.3.7 of

this regulation must keep records on all inter or intra

- dealer trades of new 2014 or subsequent

model

- year vehicles that have not been certified by CARB and therefore have not received a

CARB Executive Order, and these records shall be made readily available to the Department

upon request.

12/11/2013

9.0 Enforcement

9.1 Records to support any application, notice, report or amendment submitted to the

Dep artment under this regulation shall be maintained for a period of no less than five years

after submitting the information to the Department, 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 be applicable in Delaware, except where the

manufacturer demonstrates to the Department’s satisfaction within 30 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 allsimilar vehicles subject to 2.1 of this regulation, except where the manufacturer demonstrates

to the Department’s satisfaction within 30 days of CARB approval of the campaign that the

campaign is not applicable to vehicles subject to 2.1 of this regulation.

12 /11/2013

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 by reference.

10.2 The Low Emission Vehicle Program at 7 DE Admin C 1140 , refer to various section of

Title 13 of the California Code of Regulations (CCR). Wherever 7 DE Admin C 1140 refers to

a specific section of the CCR, the reference is made to that version of the § as of the amended

date provided for that section in 7 DE Admin C 1140 : Table 40

- 1 . The Department hereby

incorporates by reference each of the section of Title13 CCR that are listed in Table 1 as of

such § respective 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 specifically incorporated, 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 40

- 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 December 31 , 2012

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 Vehicles As effective December 31 , 2012

Section 1960.1 Exhaust Emission Standards and Test

Procedures

– 1981 and through 2006 Model

Passenger Cars, Light

- Duty and Medium

- Duty

Vehicles As effective December 31 , 2012

Section 1961 Exhaust Emission Standards and Test As effective December 31 , 2012Title 13, CCR Title Section Amended Date

Procedures

– 2004 through 2019 Model

Passenger Cars, Light

- Duty Trucks and

Medium

- Duty Vehicles

Section 1961.1 Greenhouse Gas Exhaust Emission

Standards and Test Procedures

– 2009

through 2016 Model Passenger Cars, Light

Duty Trucks, and Medium

- Duty Vehicles As effective August 7, 2012

Section 1961.2 Exhaust Emission Standards and Test

Procedures

– 2015 and Subsequent Model

Passenger Cars, Light

- Duty Trucks, and

Medium

- Duty Vehicles. As effective December 31 , 2012

Section 1961.3 Greenhouse Gas Exhaust Emission

Standards and Test Procedures

– 2017 and

Subsequent Model Passenger Cars, Light

Duty Trucks, and Medium

- Duty Vehicles. As effective December 31, 2012

Section 1965 Emission Control and Smog Index Labels

– 1979 and Subsequent Model Year Vehicles As effective August 7, 2012

Section 1968.1 Malfunction and Diagnostic System

Requirements

– 1994 and Subsequent Model

Year Passenger Cars, Light

- Duty Trucks and

Medium

- Duty Vehicles As 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 Vehicles As effective August 7, 2012

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 Engines As effective August 7, 2012

Section 1976 Standards and Test Procedures for Motor

Vehicle Fuel Evaporative Emissions As effective December 31 , 2012

Section 1978 Standards and Test Procedures for Vehicle

Refueling Emissions As effective August 7, 2012

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 Vehicles As effective May 15, 1999Title 13, CCR Title Section Amended Date

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

Vehicles As effective August 7, 2012

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

Vehicles As effective August 7, 2012

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 years As 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 Action As effective December 8, 2010

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

Year As effective November 27, 1999

Article 2.1 Procedures for In

- Use Vehicle Voluntary and Influenced Recalls

Section 2111 Applicability As effective December 8, 2010

Section 2112 Definitions As effective August 7, 2012

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 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 27,1999Title 13, CCR Title Section Amended Date

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 January 8, 2008

Section 2137 Vehicle Selection As effective December 28, 2000

Section 2138 Restorative Maintenance As effective November 27, 1999

Section 2139 Testing As effective August 7, 2012

Section 2140 Notification of In

- Use Results As effective August 7, 2012

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 August 7, 2012

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 Testing

Section 2150 Assembly

- Line Surveillance As effective December 30, 1983

Section 2151 New Motor Vehicle Dealer Surveillance As effective December 30, 1983

Chapter 4.4 Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks

Section 2235 Requirements As effective August 7, 2012

12/11/2013

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 or at the California Office of Administrative

Law website at: http://www.oal.ca.gov/

12/11/2013

12.0 SeverabilityEach 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.SIAIEOÊÞEL.AWAREDEPARTMENTOFNATURALRESOURCESANDENVIRONMENTALCONTROL89K¡NGSHtGr.iwAyFHoNE:(3O2)739-9OOODovER,DELAWAREl99olFÂx:(3O2)739'6?42Sccrctary'sOt'dorNo.:20I3-./\'0055lì.8:ApprovingIrinalAmendmcntsto7DtrAdmin.Cotlc1140:I)eInn,oreLox,Iintissir¡nl/ehiclePrograntl)¿rfcoflssuancc:Novcnlbcr15,20I3llffccfivcl)atcofthcAmcudtncut:l)ccombcrll,2013UndertheaulholityvcstcclintheSeoretalyofthef)epaltmcntofNalulalllesourcesandBnvironrrentalControl("Depar1urer.r1"or"DNIlllC")thcfbllowinglrndings,r'oasonsandcouolusionsaleenteledasanOlderoftheSecletaryir.r1l.rcabovcrclcrcnocdlulemakingplocceding.'fheseaurendrrentstothel)elawal'el,orvì:ì.nissionVcl.ricleProglzulwillallowDelawaretoclÏcientlyreducethcimpaclsoltoxìcait'pollulionfromoulfìeetofvehioles,whilecontinuing10makeprogresstowatdtl.refecleralaLtairrÌentof1henaliolialarlbic:.rtairqualityslandards.IìackgrouudandProccdul'alIlistory'l'hisOrdclcousiclcrsthcploposedregulalol'yamettdrnenlsto7DI:ìAdluin.Codcl14Q:l)eluwareLoy,limis,tionI/ehicleProgrant'1-1.reprirlalypulposco1'tJrisplomulgationisto(1)r'emovc1herequirenentsthatplovidef'crrpr-ospectivcincotpotatiouol'r'evisiolrsmadebyCalifornia;and(2)Lrpdaleceltainprovisionsandadoptbyt'clerct.tcctheapplicablesoctionswithinl'irle13oftheCalifolniaCodeolIlegulationsthatÐek4'anl'aEßa¿%Áfrlrzd444n¿¿o4?ß4/conìirriscCalifomia'sl,ou,Ilnrissior.rVchiclelll(l-EVlll)standaldandtheGleenÌrouse{ias(GllG)standaldlolnTodelyears2015t<¡2025.'I'hcClcanAilActC'C,A.^')establishesthelì'anewolkl'oroor.rtlollingmobilcsouLccclnissious.Section20tÌo1'thcC4.4,allowsCaliJ'olnjatoregulatctzrilpi¡rccntissionsIiolnrnobilcsouroes,andCAASeotion177allorvsolhcrstaLcstoadoptthcCalilolniastandalcls.Delawalcisoullentlyregulatinglrobilesout'cespursuanttoi1sadoplionolCalilbrniaLowllmissionVchicleII(LBVll)rcquircmcnts.Calilbrniahasreviscditsl,ljVIIrcquirenentstoLltVlllrequi|ements.l)elawarecul.lentlyhastwooptionsur.ìdertheCAÂ,lclwit:(1)adopttÌrel.IlVIIIrequirernenls;or'(2)r'evettlothcledelalprograrn.fhisproposedactionseekstoadopttheLEVIIIstandaldsbyincotpot'atingbyleferencetheapplicablesectionswithinTitle13oftheCalil'orniaCodeolRegulationsastheyexistonDecer.nber31,2012.Coutraryfooolloclnsvoioedbyvariousmembelsofthepublicduringthcoourseofthis¡:r'omulgation,1hcafolemenl.ionedadoptionlnelhoddoesno1"lock"I)elawaletolutulechangcsadoptedbyCalifornia.lfCaliforniamakesauyol.ranges1oitsrequirements,theywillhavcnoel'fectinDelawarebcoauseL)elawale'sproposalincorporatestheCaliforniarcquirornentsâstheyexistonDeccnlbcr'31,2012.EachtimethatCalifolniarnakesachangetoitslcc¡uirements,Delawarcwill,inturn,evaluatcl.ha1cÌrange,andproposetoeilheradoplthenewCalil'on.ìiarequir:emcnt01'rcverttothclòdetaJproglarn.Eithcrway,aregulatolyrevisionu,illbenecessaly,subjecttoalloftheplovisiorrsol-lDel.C.Chapter'60and29Dal.C.Chapler101.Additionalconcerrwasraisedbythepubliowithregard1otheburden¡rlacedontaxpa)/el'sshouldthisplo¡rosedaclionbepronulgatedbytheDepartment.Spcci.fìcoollltlc¡tsopinedthât1oblatneDclawale'spollutionouautoct.ttissionsu'¿rsnotlogical,andthal1hcscconclalycosttoDelawat:etaxpayelswouldbeobscene.ltltesllonsetosuchoorlrent,1hel)epat1ureulscckstoadoptthisrcgulationbeoauscl)elawareìraspootair'quality,andautoet.nissior.rsar.casìgr.rilicantsoulcoofairpollutantsinDclarvarc.l'hcl.ììostlcceutcmissioninvcnlolyclatalolDclawareshowsvehjcleet.uissioushavebcconlothelargestsourceofpollutionir.rthestate.Mobilesourcesilltheou-loadancìoff-loadcatcgor.iesaccounlfor.91ozcarbonu.ìol.toxidc(co)crnissio¡s,64Yoi¡NO*cmissions,and560/oinVOCemissions,r'espectively.Fuúher.thefrânspoltationseotot'isoneofthclargestcoutriþutor-solgl'eenhouscgasesi¡Delaware,producillgoloseto29%oofallsuchemissions.Asnotedabove,DelawarcadopledthcLEVIIrequiremenlsinDecernber2010.CalilorniahassinceadopteclLEVIIIreqr:ireilents,andf)elawarenowllas1heoplionofeitheradoptingfheLEVIIIrequirementsolrevertingtothefedcralprogralll.llcoausemobilesoulcesalebecomingtltela¡gestpa¡tofDelawarc'sovet'allemissionsitlveutory.andbecausel)elaware'sairq¡alitydoesuotmeetlederalhealthbascclstandat'ds,audbecauseLEVIllrccluirementsarereasonableandhaveglealeremissiol'tbencfrtthanthccuttcntfcderalprogram,theDepaltment'sDivisionofAilQLralityrecomlllendstheadoplíonofLlìVr'equilernents.'fhus,Ibelieve1headoplionofI-tlVllltequiretneutsisareasonableandhìghlycost-eflèotivellìeanstoreduceautoell.tissiolts,Withlegaldtoothelcon'ullentssuggestingthaltheacloptior.roltheLEVlllwillresultinl)clarvalcanstlavelingtoolhet'stales(suohasNewJersey)toputchascthcitcarsbecausetheywillbelessexpensive(due10lesserpollutionrules),itshouldbenotedthattheLIIVlllrcquilcmcnlshavcalreadybeenadopteclinsut'roundit.tgstates,inoludingNcwJelsey,Peunsylvania,andMaryland.Inaddition1oCaliforniaandlhesctlÌreestates,I0othelstalesl.ìaveadoptedthestandards:Oregon,Wasl.ringlon,NcwYolk,Velrront,Mair.rc,Massacl.rusetts,NewMexico,Iìhodelsland,Conneclioutand.Alizona.Vchiclespulcliasedilanyollhcscstatcslìlust[¡ecertificdtotlicLIiVlllemissionstauclards.I{espondingagainto1henurnelouscolllrrrentsreoeivedbythel)epaltmer.rtregarclingthcprojectedincleascdcoslsforanewvehiolctn2025,thcI)cpartnrenlhirssctLorthtlìecconorì]icsassocialedwiththeploposedrevisiontoadoplthcl,llVIIIlequircmenls.'l'hceslimatedcostofLEVIllwaspresenledattl.republiclica;:ingas$1,900.00¡rcrvchiclepliceincreasein2025,duetotcohnologyupgrades.T'hesr:increasedcoslswillbcfurtheloffsetandresultinarnuohgrr:atersavingstomtheirnprovedfuelcconomy,r'esultingina3:1savingsovclLheprojectedinclcasc.'l'hisestimatedcost/savingswastakcndileotlyfrornworkdonebyCaliforniawhcnthcyadoptedtheì,livIIIrcquirencnls.LIIVllliscomprisedofthleemaincomponcnLs:(1)a(il'eenhouseGas("GIìG")oornponent;(2)anexhaust/eva¡rolativecomponenl;and(3)aZerollmissior.rVehicle(ZIìV)cor.nponent.Thel)epartmentproposalistoadopttheGLIGandtailpipc/evapolalivecomponents,bulnottbeZEYcoûrpor.cnt.Givcnthecostconcernslaisedi¡rpubliccomnents,theDepar:tmenthasleviewedtl-reCalil'olniawolhagair.r,andfoundthatthealolemcntioncd$1,900.00oost(actually,$ì1,840.00whichtheDcpaltr.r.rer.rtlouudedup)iucludedLheZEYconponent,which1hcl)epaltmentisnolproposingtoadopl.WitliouttheZllYcomponcnl,Calil'orr¡iaestimaledthecostol1hel.EVlllìrloglallltobc$I70.00pcllighcdutypasscugervehicleir.r2017,up10ârnaxinrumof$1,360.00I'ollightdutytrucksin2025;howcvcr',ll.risoalculatior.rdocsnotincluclctl.reaulicipaled1ìrelsavingsu'hichaleprojectcd1obcsignificantlygt'eatcrtlìalranyIimitedpliceimpact.Itshoultialsobe¡otcdthatDelawareconsunlcLswilllikelysccthisiucrcascìucosli¡rthcnearlutureinDclaware,regardlessofwhcthell,I-lVlllrecluircmcntsaroadoptodinDclawarc.llccauscoulneighboringslates-Maryland,PennsylvaniaanclNewJcrsey-havealladopteclLllVIIl,residentsoftl]escstâtcscanonlypurchasevehiclcslhatmcctl-ljVIIIstandalds.ShouldDelawatcchoosctonotadoptl,l:lVIII,andthcl)clawaledealelsiuvcnloricdnon-LIiVIIIvehicles,theycoulclnotselllhcm1olesidcnlsoftheseborde¡stalos.l.]ecauseofthis,DelawaredcalerswillmorethanlikelyiuveutotyonlyLEVlllcars,regardlessofwhetherf)elawareadoptsI-EVIII.Fulthenlole,sinoeallborderstatcshaveadoptedLIìVIII,onlycatsthatmeelLìlVIIIstandaldsmaybesoldinthesestatcs,sotheDelawaleacloptionofLIìVIIIwillhaveuoimpacloncost10I)elawareresidcutsthatputchascvchiclest'omsurroundiugstates'dealerships'Ì-hcDcpartmontnolesthat,lrornaplacticalstandpoinl,tl-rerewillbenocostdiffcrencetoDclawarecitizensasaresullofthisaclion.'llhus,becauseadjacentstateshavcacìop1edtl.risslandard,Delawareanswillbepulchasingthesevehiclesregardless,whcthclinI)clarvarcolinadjacentstates,ar.ìdadoptingtheLEVIIIstanclaldensurcsthatIcside:rtsalsol'cceivetheexlendcdwarrânlyandothelbenelìls.If,however,theDepat1ucutchoosesnottoadoptLEVIIIlequitemeuls,Delawalecitizensrvouldbeplaooda1adisadvat.rtagetelalivetosurtouudiugslates,duetothclactthalanyoarsoldtoat'esidentofastalethathasadoplcdI-l:ìVlllrl:ceivesancxtctldcdI5year,15Cì,000milewallanty.AnyoalsoldtoalesiclctttofastatethalhasnotacÌoplccìLllVlll,howcr¡er,gctsthestandard10ycar',120,000nilewarrar.ìty'l-l.reoaristhcsamccâr,howcvcr,tl.ìcwar:ranlypeliociisbasedupontltestalusol'thclcsident'shorreslatconly.I)elarvalc'sadoptionofLEVIIIbenefilsDelawarccitizcr.rsbyplovidìngthemwithâbettcl'warraufy,atnoaddilionalcost.Withlegatdtocol.r.uncl.ì1sl'eceivedby1heDcpar-tmentconcclninghorvincreasedtcpaircoslswclefacto|edintothccconor.nicanalysis,andthccollclatingimpaclo1'thcinctcascdwarrântyperiodonthclìnalpliccolavehiclo,thoI)cpartrrrontnotcsthâttiìiscorl.rmenlassertstllalI-llVlllvchiclcswillbemorcoonplex,andthatthereis¿relalionshipbetweenvehiclecomplcxilyandrepair/mainleltanceoost.'Ihel)epartnent'sDivisionofAirQLralityl.naintainsthâttheoostofarynewtechnologyneededtomeetl-EVIIIrequiromentsisclcarlylàctolcdintotheCalifouriaandLìPAcostanalysis,andthcDepartrncntbclievesthalLhcrclìnementofcuüentvel.ìioletcchnoÌogyisadequatctolncctthencwrcquiremenls.LIPAexplainsinthcir'fier3VehicleLlmissior.rsandIruclStandards(March2013)proposalthat,"...thefederal.fleetisalreadydentonslratingaclucrlemi.ssionspertitrmuncelhûlismuchcleanerlhanlheleveÌlowhichiliscurrenllyheingcertified.Althoughthevehicleslh.atntakeupthe.federalligltt-duty.fleettrrecapableofmeetinglou,erslandãrdslhereisnoint¡tetus.fbrvehi.clennnulàclL{erslocerlifylheirrespective.fleetsloanylhinglowerlhanthecurrenlrequiremenls.Inaddition,weonticipatelh1tnoleverytechnologyv,illberequireclonallvehiclestomeeltheproposedstandards.II4ùlecalalystlnudinganden.gineculibrøtionchangesv'illntosllikel)tbeapplierlonoJlt,ehicles,onlythernostdillicultpowertroitlct1tp|ictr|ionswiI.lrerluireveryexpensiveentis,gionsct¡n|ro|solulionssucltasoclirehldvo"or\o,absorbers.lleexpeclthtrlntonnfìrc/urer,sy,illimplemenlentissicltcot¡lrr¡l.solulion.;asa.fìrnclktnofincreasingco,ylundwillut,r¡i¿lim¡tlemenlingveryexpensivedesignswlteneverpossible."6WithrcspecltootherconcernsvoicedatthclimeofthepublichearingortScplen.rbcr:23,2013,onecomlnenlelstatedtliat1hcadoplionofthcseptoposeclamendrlcntswasvìcwcclas¿rteversalol'1heSecletaly'sdecisio¡.Ìtoaclol:1tliel,[iVIIstancìards.Attl-Lattinc,theDepaltt.ncntdidnotincludethedatesbywhichCaliforniahadadoptcdtheslandalcls,Or.reofthepurposesoffhisactior.ris1ocolteclthisenorbyr.cmovingtheprovisionsofexisting7DIIAclmin.code1140thatprovideforthclrlospectiveinoorporationbylcferenoeol'lututerevisionsmadcbyCalilolniaandtequû'ethatluturechangcsbeconsideredthroughaf)elawaretegulaloryproccss.Äclditioualoolìlmentswerereceivedby1lieDepartmeutinlhismatterwl.richargucdwhethcrglobalwarmingisoccntringandqueslionedtheneedtoteduoePMz.sandGlìGcnissions,aswellasthehc:allhimpactsofPM25.Thel)epartr.rentagroeswiththeovcrwhclmingglobalscientificconscnsusthatthcinoreasedalrnosphelioconcentrationofGII(ìcmissionshasir.rtensificdthegleenhousceffectaldisconlribr-rtingtoclilnateimpactslangingfi'omgreatcrtemperatureandplecipitationvaliabilily,moreexlremeweathcl'cvents,andsealevellise.'l'heseclimateimpactstlìl'ealenDelaware'seconolì'ly,publichealth,airandwafetÍesources,infrastruclure,andcoastalresources,audcaninclcasccnelgydcmand.Reducingeurissionsgloballyoanhelprnitigaletheseimpaclsinthedcoadcsahead.lrur.ther,thescicnceisover.whclrningthatPMzsconcontralionsale¿rsiguilicantcontributor10l)unlerouslcspilalorylelatcclillnesscsandparticularlyitlpaclat-r'iskpopulalions.11shouldber.rotedthat,inaddiliontotheconcerrlsnotedwilhinthepubliocou.ìnìcnlrcocivedbytheDepaltmentasdetailedabovc,rlLtt.nerouscol.nnlelltwasalsotcccivcdwhìcl.rsuppolttheadoptior.rofcleanelvehioleslandards.Suohcot.ut.uelltindicatedsupportfolI)clawale'sadoplingoftheLowEmissionVchiclePloglarn,andencoulagedthel)epaltmenltoûìovefolwardcxpediliously10finalizetheadoptiouoftl.rcproposcdamendmenlsto7Dl-lAdmin.Code1140,Lastly,witlilcgalcì1oaIèwclclicaler'lorscaugl]tsubscquenltothcinitiaÌp|o¡rosedanrcndl.ncnLsto7I)Ì:jAdmin.CodeI140beingpublishcdinlhcDelctv,arell"egisleroflLegulatiorts,ll'r.el)epallmelttseekstoconectthesamewithminor,nousubstantiverevisions,sothalthefinalamendmentsto7DllAdmin.Code1140willbecor'r'ectuponptor.nulgatior.r.TheDcpaltncnt'sDivisiono1'AirQualilycolrlmenced1helegulalorydeveloprnentplocesswithSlartAclionNotice2013-01.'fhcDepaltrnentpr"rblishedtheinitialproposedlcgulalolyamendmentsintheSepter.nber1,2013Delav'arellegislerofIlegulalionsandheldapriblichearingonSeptember23,2013.1'heI)epartnent'splesidinghearingofficer',l,isaA.Vest,preparedaIleatingOfficer'sIìeportdatedNovcmbet15,2013(l{epor1).'l'helìeportrecomrnendsceltairrfìndingsar.rdtl.rcadoptionoftl-reproposcdlevls¿¿1,Ar.nendr.r'lcn1sasaltaohedtotheR<:portasAppendixÂ.FindingsandDiscussionIlÌndthatthepro¡roscdr¿r,r,s¿¿1AmendmentsaLewell-supportedbythcr-ecorddcvclopedbythcDepaltment,andacloptthcI{cpor:ttotheex1en1itisoousistcutwiththisOrder'.l'hel)epartment'sexpcltsdcvelopcdtherecoldanddrallcdtheploposedravlserlAmendmenls.WithlegardtothepublicconllnentthalwasreceivedbytheL)cp¿ìrtmerlt,boll.ratthetimeofthel.realingar.rdsubsequentto1hehearingheldonSeptembet23,2013,IfrndthaltheI)epartrrcnl'sexpeltswereresponsivetothequestionsandconcernslaiscdbythepublic,andprovidedfhorough,rationallespol.ìscsandrcasoncdct¡nclusioltswilhrcspecltothcsan1e.lìurthelmoro,Ilìndthatthel)eparlment'scxpertsintheDivisionofAilQualitylullydevelopedthelecordtosupportadoplionoftl.rescr¿vls¿dAurendnlcnts.Withthcadoptionoflherevi.tedlegulatolyarncndrnenlsto7l)liAclmin.Codc1140'.Dalav,areLr¡v,lltttissionVehicleProgram,Delawarewillì¡eableto(l)rer.novetherequireureulslhatprovidelbrplospectiveincolpolationofrevisionsrnadebyCalifomia;and(2)updalcccltainprovisionsandadoptbyreferencetheapplicablescctionswithin'l'itle13ol'thcCalifolniaCodeofRegr-rlationsthatcompriseCalifornia'sLowllmissiouVchicleÌll(1,ÈVln)standaldandtheGreenhouseGas(GFIG)standardfolmodclycals20151o202s.Inconclusion,thefollowing1ìndingsandconclusiot'tsaLeenlered:1.)'fheDepartmenlhasjurisdictionunderitsslatutoryauthorilytoissueanOrclcradoptingtheseploposedrevisedAmendmenlsasfinal;2.)'fheDepartmetrtplovidedadoquatepublicnoticcoftl.rcproposcdAu'rcndments,andplovidedthepublicwithanadequaleopportunitytocot.t.uucntontheprc¡rosedArnendments,includingatapublichearing;3.)TheDepartrnentheldapublicliearingouthept'oposedAnendtlenlsonScptenrber25,2013;4)ì'hel)epaltment'sIìcaringOfficer'sIlopolt,includirtgitsrccomnrcudcdlccoldaridthelecomrrendedrevi.sedAr.nendtncnlsassctforthinAppendixA,aleadopledto¡:r'ovideacldilionallcasonsandfindingslolthisOrcler';5.)'l-he¡:econrnendedretisedAmendmentsdouotlefleclauysnbstautivechangcflorntheìnitialploposedregulatiolrArnendr.nentsaspublishedir.rtheSe¡rtcrr.rber1.2013,I)aIou,nrell.eqis|ero/llegula|ions;6.)'l'hcrccor.nr.ncndcd.ret¡i;^edAlncncllncr.rtsshouldbcadoptcclasfìnallegulationAnrendmenlsbeoauseDelawarcwilllhenl¡ceuablcdto(I)rel].ovetl.rercquiremenlsthaLprovidefolprospcctivcincolpolalionollevisionsr.nadebyCalilornia;and(2)updateceltainprovisionsaudadoptbyle1èr'encetheapplioablesectior-rswilhin'l'itlcl3ofthcClalilouriaCodeollìegulatiorlsthatcompriseCalil'olnia'sl-owlì.nissionVehiolelll(I.-DVIII)standardandtheGreenhouseGas(GI-IG)stanclardlolmodelyears2015to2025;and7.).AdoptingtheseamendmcntswillallowDelawaretoreceiveourissionreductionclcditsthalitwouldotherwisenotreociveifitwerellottoadoptthescmeasules,andDelawalelesidentspurchasevel.riolesequippedwithLIIVllltechuologyeithcrir.rI)clawaleor1ì'or.nsurroundingstates;tì.)'lheDepartmenlshallsubn-ritthisOlderapl:r'ovingthefinalregulatiouArncrrdrnenlslt>rhel)elav,areÌlegisteroflìegulatitnsfor:publicationinitsnextavailableissuc,andprovidcsr:chothernoliceasthelawar.rdrcgulationlequircandthel)epattt.nentdetcminesisapplopriate.^heâ¡\l(cgll40Aùcù¡ìn1sl,llvlll20l3_oììl)10ljeclelaly

### 1100 Division of Air Quality

1140 Delaware National Low Emission Vehicle Program

XX/XX/ 2013

1.0 Purpose

1.1 The provisions of this regulation establish in Delaware a LEV L ow E mission V ehicle

(LEV) program, which incorporates the requirements of the California LEV 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, and medium

- duty passenger vehicles

subject to the California LEV program and delivered for sale in Delaware.

XX/XX/2013

2.0 Applicability

2.1 Except as set forth in 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

mode l

- year p assenger car, light

- duty truck, or medium

- duty vehicle within Delaware unless

the vehicle has been certified by 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 equitable or legal title to any motor vehicle with an odometer

reading of fewer than 7,500 miles has not been transferred to an ultimate purchaser.

2.3 The prohibitions contained in 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 of Delaware; provided that such

replacement vehicle is acquired outside of Delaware at the time the previously

registered vehicle was either damaged or became inoperative beyond reasonable

repair or was stolen;

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 ori ginally

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; or

2.3.10 Sold for registration outside of Delaware.

2.3.11 Military tactical vehicles.

2.3.12 A c quired by a Delaware resident serving in the armed forces while stationed in

another state.

XX/XX/201 3

3.0 DefinitionsThe following words and terms, when used in this regulation, shall have the following

meanings unless the context clearly indicates otherwise.

“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 vehicle or motor vehicle engine or a system or engine

modifications on a motor vehicle which causes a reduction of air contaminants emitted from the

motor vehicle engine, including but not limited to exhaust control systems, fuel evaporative

control systems and crankcase ventilating systems.

“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

- 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 by CARB.

“California Air Resources Board or CARB” means the agency or its successor established

and empowered to regulate sources of air pollution in the state of California, including motor

vehicles, pursuant to Section 39003, California Health & Safety Code, as amended or

supplemented.

“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 place of 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 and any publicly owned authorized emergency vehicle usedby an emergency medical technician or

– paramedic or any 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 a way that it will be visible to the average person after inst allation of the

engine in all new vehicles certified for sale in California, in accordance with Title 13, California

Code of Regulations Section 1965.

“Emission standards” mean specified limitations on the discharge of air contaminants into the

atmosphere

.

“Engine family” means the basic classification unit comprised of the engine and drive train

configuration selected by a manufacturer and used for the purpose of certification testing.

“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 the global 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 in California.

“ F ederal Fue l Economy and Environmental Lab el ” 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, and medium

- duty passenger vehicles and would deem automobile manufacturers

compliant with the federal Economy an d Environmental Label published in 40 CFR Parts 85, 86

and 600 as promulgated on July 6, 2011 as compliant with the California Environmental

Performance Label requirements. The label must disclose the smog and global warming scores

for the vehicle in acco rdance with Title 13, CCR Section 1965 and the "California Motor Vehicle

Emission Control, Smog Index, and Environmental Performance Label Specifications."



### “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 (NOx),

as applicable, from all new vehicles delivered for sale or lease in Delaware in any model

- year.

“G reenhouse 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,

veh icle make and model, transmission class and driveline, aspiration method (e.g., naturally

aspirated, turbocharged), camshaft configuration, 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 of transportation 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.

“Light

- duty truck

- 1 or LDT

- 1” means a light

- duty truck with a loaded vehicle weight of 3,750

pounds or less.

“Light

- duty truck

- 2 or LDT

- 2” means a light

- duty truck with a loaded vehicle weight of

greater than 3,750 pounds and a gross vehicle weight of less than or equal to 8,500 pounds and

includes medium

- duty passenger vehicles when determining compliance with the greenhouse

gas emission standards of this regulation.

“Loaded vehicle weight” means the vehicle curb weight plus 300 pounds.

“Mail out” means a widely distributed general correspondence issued by CARB whenever said

board needs information from the public, or when it wishes to inform the public of new

information.

“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 model year as defined at 40 CFR 85.2302 and determined in

accordance with the provisions of 40 CFR 85.2301 through 85.2304, as supplemented or

amended, and incorporated herein by reference. means, for each vehicle manufact urer the

period which includes January 1 of the calendar year in which the model is first offered for saleand ends December 31 of the final calendar year of sale or, if the manufacturer has no annual

production period, the calendar year. In case of any vehicle manufactured in two or more stages,

the time of manufacture shall b e the date of completion of the chas s is.

“Motor 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 upon rails or tracks and motorized bicycles.

“Motor vehicle engine” means an engine that is used to propel a motor vehicle.

“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.

“Non

- methane organic gas or NMOG” means the total mass of oxygenated and

non

- oxygenated hydrocarbon emissions.

“NMOG + NOx Credit” means non

- methane organic gas plus oxides of nitrogen credit.

“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 or political subdivision of a state, an interstate body or the

United States.

“Placed in service” means having been sold or leased to an ultimate purchaser 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 Motor Vehicles.

“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 the possession or control of consumers.

“ R ecall 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” 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 is installed, and which has also received a test vehicle or fleet

permit from CARB.

“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 other than resale.

“USEPA” means the United States Environmental

Protection Agency.

“Vehicle identification number or VIN” means a unique, 17 digit, alphanumeric code

that the vehicle manufacturer assigns to a vehicle.

XX/XX/201 3

4.0 Emission certification standards

Each model year and subsequent motor vehicle subject to 2.1 of this regulation shall be

California

- certified

.

XX/XX/201 3

5.0 NMOG fleet

- wide average exhaust emission requirement New Vehicle Emission

Requirements

5.1 A manufacturer of model year 2014 or later passenger cars, light

- duty trucks, or

medium

- duty vehicles delivered for sale in Delaware, shall demonstrate compliance with the

NMOG fleet

- wide average exhaust emission requirement of Title 13, CCR, Section 1961,

which average shall be based on the number of the manufacturer's vehicles subject to 2.1 of

this regulation 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 sub sequent model

- year passenger car, light

- duty truck or medium

- duty vehicle in

Delaware unless the vehicle s California

- certified and complies with the following criteria:

5.1.1 the exhaust emission standards, as applicable in Title 13, CCR Section 1956.8

(g) or (h), 1960.1, 1961, 1961.1, 1961.2, or 1961.3 and

5.1.2 the environmental performance label requirements for 2014 and subsequent

model year vehicles in accordance with Title 13, CCR, Section 1965, and

5.1.3 the evaporative emission standards in Title 13, CCR, Section 1976, and

5.1.4 the refueling emission standards in Title 13, CCR, Section 1978, and

5.1.5 the malfunction and diagnostic system requirements in Title 13, CCR, 1 968.2,

and5.1.6 the assembly

- line testing procedure requirements in Title 13, CCR, Section

2062, an d

5.1.7 the specifications for fill pipes and openings of motor vehicle fuel tanks in Title

13, CCR, Section 2235.

5.2 A manufacturer may accrue NMOG credits and debits and use them 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.

XX/XX/ 2013

6.0 Vehicle Testing 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.

6.1.2 Effective for the 201 5 and subsequent model

- years, each manufacturer shall

comply with the fleet average NMOG + NOx emission requirements and the

LEVIII 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 1961.2

.

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 mode l

- years earn and bank GHG credits, in accordance

with Title 13, CCR, Section 1961.1.

6.1.4 Effective for the 2 017 and subsequent model years, each manufacturer shall

comply with the fleet average emission greenhouse gas requirements for

passenger cars, l ight

- duty trucks and medium

- duty passenger vehicles, and may

earn and bank GHG credits, in accordance with Title 13, CCR, Section 1961.3.

6.1 6.2 Each new vehicle model subject to 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

, 1965, 1968.1, 1968.2, 1968.5, 1976, 1978, 2037, 2038, 2062, 2101,

2111, and 2235. A manu facturer shall demonstrate compliance by presenting to the

Department upon request copies of the applicable Executive Order.6.2 6.3 Each manufacturer of a vehicle subject to 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.

6.3 6.4 Each new vehicle subject to 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 compliance testing, conducted by CARB in accordance with Title 13, CCR,

Sections 2101 through 2110, 2150, and 2151. 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 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 with CARB, 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, upon request,

copies of the test results and the determination and findings made by CARB.

XX/XX/ 2013

7.0 Warranty

7.1 Each manufacturer of a vehicle subject to 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 coverage with all requirements of Title 13, CCR, Sections 2035 through

2038, 2040, and 2041.

7.2 Each manufacturer of a vehicle subject to 2.1 of this regulation shall submit to the

Department, upon request, a Failure of Emission

- Related Components Emission Warranty

Information report as defined at Title 13, CCR, Section 2144.

7.3 For purposes of compliance with 7.2 of this regulation, a manufacturer may submit

copies of the Failure of Emission

- Related Components Emission Warranty Information report

that are submitted to CARB.

XX/XX/ 2013

8.0 Reporting and Record

- Keeping Requirements

8. 1 Beginning with the 2014 model year

, each manufacturer of a vehicle subject to 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 or lease in Delaware

. of vehicles in each test

group during that model yea r

.

8.2 Beginning with the 2014 model year, each manufacturer of a vehicle subject to 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, prepared according to Title 13, CCR, Section

1961, calculating the NMOG fleet

- wide average exhaust emission itemized by test group and

emission stand ard , that demonstrates the manufacturer has met the fleet requirements ofSection 6 .0 of this regulation for the model year just ended for vehicles delivered for sale i n

Delaware

.

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 M ay 1 following the end

of the model

- year, a report which demonstrates that such manufacturer has earned GHG,

NMOG, or NMOG + NOx credits in Delaware. Credits are to be calculated in the same manner

as required by CARB.

8. 3 8.4 Beginning with the 2014 model year, each manufacturer dealer of a vehicle

exempted under 2.3.7 of this regulation must keep records on all inter or intra

- dealer trades of

new 2014 or subsequent model

- year vehicles that have not been certified by CARB and

therefore have not received a CARB Executive Order, and these records shall be made readily

available to the Department upon request.

XX/XX/ 2013

9.0 Enforcement

9.1 Records to support any application, notice, report or amendment submitted to the

Dep artment under this regulation shall be maintained for a period of no less than five years

after submitting the information to the Department, 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 be applicable in Delaware, except where the

manufacturer demonstrates to the Department’s satisfaction within 30 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 2.1 of this regulation, except where the manufacturer demonstrates

to the Department’s satisfaction within 30 days of CARB approval of the campaign that the

campaign is not applicable to vehicles subject to 2.1 of this regulation.XX/XX/ 2013

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 by reference.

10.2 Prospective incorporation by reference means the ongoing process, whereby all

provisions of regulations incorporated into this regulation from the CCR, as set forth in Table

40

- 1, are continually automatically updated in order to maintain consistency with the most

current CCR. Thus, any supplements, amendments, and any other changes including, without

limitation, repeals or stays that affect the meaning or operational status of a California rule,

brought about by either judicial or administrative action and adopted or otherwise noticed by the

state of California, shall be paralleled by a similar change to the Delaware regulation so that

the Delaware regulation will have the same meaning and status as its California counterpart.

The Low Emission Vehicle Program at 7 DE Admin C 1140 , refer to various section of Title 13

of the California Code of Regulations (CCR). Wherever 7 DE Admin C 1140 refers to a

specific section of the CCR, the reference is m ade to that version of the § as of the amended

date provided for that section in 7 DE Admin C 1140 : Table 40

- 1 . The Department hereby

incorporates by reference each of the section of Title13 CCR that are listed in Table 1 as of

such § respective 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 specifically incorporated, the cross

- referenced citation is not

incorporated by virtue of the cross

- reference. Provisions that have been excluded from

incorporation by reference are also excluded from the process of prospective incorporation

by 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 40

- 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 December 31 , 2012

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 Vehicles As effective December 31 , 2012Title 13, CCR Title Section Amended Date

Section 1960.1 Exhaust Emission Standards and Test

Procedures

– 1981 and through 2006 Model

Passenger Cars, Light

- Duty and Medium

- Duty

Vehicles As effective December 31 , 2012

Section 1961 Exhaust Emission Standards and Test

Procedures

– 2004 through 2019 and

Subsequent Model Passenger Cars, Light

Duty Trucks and Medium

- Duty Vehicles As effective December 31 , 2012

Section 1961.1 Greenhouse Gas Exhaust Emission

Standards and Test Procedures

– 2009

through 2016 and Subsequent Model

Passenger Cars, Light

- Duty Trucks, and

Medium

- Duty Vehicles As effective August 7, 2012

Section 1961.2 Exhaust Emission Standards and Test

Procedures

– 2015 and Subsequent Model

Passenger Cars, Light

- Duty Trucks, and

Medium

- Duty Vehicles. As effective December 31 , 2012

Section 1961.3 Greenhouse Gas Exhaust Emission

Standards and Test Procedures

– 2017 and

Subsequent Model Passenger Cars, Light

Duty Trucks, and Medium

- Duty Vehicles. As effective December 31, 2012

Section 1965 Emission Control and Smog Index Labels

– 1979 and Subsequent Model Year Vehicles As effective August 7, 2012

Section 1968.1 Malfunction and Diagnostic System

Requirements

– 1994 and Subsequent Model

Year Passenger Cars, Light

- Duty Trucks and

Medium

- Duty Vehicles As 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 Vehicles As effective August 7, 2012

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 Engines As effective August 7, 2012

Section 1976 Standards and Test Procedures for Motor

Vehicle Fuel Evaporative Emissions As effective December 31 , 2012

Section 1978 Standards and Test Procedures for Vehicle

Refueling Emissions As effective August 7, 2012

Article 6 Emission Control System Warranty

Section 2035 Purpose, Applicability and Definitions As effective November 9, 2007Title 13, CCR Title Section Amended Date

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 Vehicles As effective May 15, 1999

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

Vehicles As effective August 7, 2012

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

Vehicles As effective August 7, 2012

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 years As 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 Action As effective December 8, 2010

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

Year As effective November 27, 1999

Article 2.1 Procedures for In

- Use Vehicle Voluntary and Influenced Recalls

Section 2111 Applicability As effective December 8, 2010

Section 2112 Definitions As effective August 7, 2012

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, 1999Title 13, CCR Title Section Amended Date

Section 2115 Eligibility for Repair As effective January 26, 1995

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 January 8, 2008

Section 2137 Vehicle Selection As effective December 28, 2000

Section 2138 Restorative Maintenance As effective November 27, 1999

Section 2139 Testing As effective August 7, 2012

Section 2140 Notification of In

- Use Results As effective August 7, 2012

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 August 7, 2012

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 Testing

Section 2150 Assembly

- Line Surveillance As effective December 30, 1983

Section 2151 New Motor Vehicle Dealer Surveillance As effective December 30, 1983

Chapter 4.4 Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks

Section 2235 Requirements As effective August 7, 2012

XX/XX/201 3

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 or at the California Office of Administrative

Law website at: http://www.oal.ca.gov/

XX/XX/201 3

12.0 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.

14 DE Reg. 583 (12/01/10)