CERTIFICATION

August 14,2014

A public hearing was held September 23,2013 on a revision to the State of Delaware

Regulations Governing the Control of Air Pollution. The revision is to to7 DE Admin. Code

1140 - LOV/ EMISSION VEHICLE PROGRAM. The purpose of the amendment was to revise

7 DE Admin. Code 1140 to 1) remove the requirements that provide for prospectiveincorporation of revisions made by California, and 2) adopt by reference the applicable sectionswithin Title l3 of the California Code of Regulations that comprise California's Low EmissionVehicle (LEV) III standard and the Greenhouse Gas (GHG) standard for model years 2015 to

2025. The effective date of this amendment is December 11, 2013.

I fuither certify that the hearing was held in accordance with the notice required by

Subsection 5l .102 of 40 CFR 5 I .

Ali Mirzakhalili, P.E.DirectorDivision of Air Quality

Fax No.: (302) 739 - 3106

ù¿r4u4¿, fel a¿J.'r¿ /tf4,/4 Ø f. /
RD:DATE:

Public Ilearirrþ Officcr. Officc of thc Secretary

Deparlment of Natu'al Resources and Environmental Control

Proposed Amendments to 7 DE Admin. Code 1140:

Delawøre Low Emission Vehicle Program

November 15,2013

I. Backqround:

A public hearing was held on Monday, September 23,2013, at 6:00 p.m. at the

Department of Natural Resources and Environmental Control C'DNREC",

"Department"), 89 Kings Flighway, I)over, Delaware, to receive pubiic comment on the

Department's proposal to arìlend 7 DE Admin. Code 1140: Delaware Low Emission

Vehicle Program. These amendments to the Delaware Low Emission Vehicle Program

will allow Delaware to efficiently reduce the impacts of toxic air pollution from our fleetof vehicles, while continuing to make progress toward the federal attainment of the

national ambient air quality standards.

The primary pulpose of this promulgation is to (1) remove the requirements that

provide for prospective incorporation of revisions made by Calif'omia; and (2) update

cedain provisions and adopt by rel'erence the applicable sections within 'I'itle 13 of the

Califomia Code of Regulations that comprise Califomia's Low Emission Vehicle (LEV)III standard and the Greenhouse Gas (GHG) standard for model years 20i5 to 2025-
adoption of California LEV II requirements. California has revised its LEV II

requirements to LEV III requirements. Delaware currently has two options under the

CAA, to wit: (1) adopt the California LEV III requirements; or (2) reverl to the federal

program. This proposed action seeks to adopl the Caiifomia LEV IlI standards by

incorporating by reference the applicable scctions within Titte 13 of the California Code

of Regulations as they exist on D ecember 31,2012.

The proposed promulgation was published in the September l'2013 edition of the

Delaware Register of llegulations, and the public hearing regarding this proposedregulation was held, as previously noted above, on September 23' 2013. Va¡iousmembers of the public attended the public hearing, and comment was received by theI)eparlment with regard to this proposed promulgation, which will be addressed in detail

below. Proper notice of the hearing was provided as required by law.

IL Summary of Hearinq lìecord:

At the time of the hearing on September 23, 2013, Deanna Cuccinello of the

f)epafment,s Division of Air Quality offered the Depafment's twonty-nine (29) exhibits

pertaining to this proposed regulation, and this Ilearing Offrcer entered them into thç

formal hearing record developed in this matter. Included within those Departmental

exhibits was a copy of the Start Action Notice for this promulgation (SAN No. 2013-01),docunentalion regarding the holding of the public workshop held by the Department
proposed amendment, and copies of the actual proposed amendtnents to 

e

a

a

e

s

existing 7 DE Admin. Code 1140.

At the time of the aforementioned public hearing, Ms. Cuccinello provided a brief

swnmary of the proposed amendments to 7 DE Admin. Code I 140 which the Depafment

is seeking to enact at this time (see Section I). Following the Department's presentation,

the floor was open for those in attendance to offer public comment for the formal recordgenerated in this matter.

The pubtic hearing on September 23,2013 was well attending by members of the

public, many of whom had questions and/or comments offered for the record with regardto this proposed action. Following the hearing, the record remained open for anadditional fifteen days, pursuant to Delaware law, for the inclusion of additional public

conlment to the hearing record compiled in this matter. The record formally closed with

regard to public comment on October 8, 2013. In light of the amount of comment, and

the passion with which much of comment was given, the Department's Division of Air

Quality ("DAQ") was asked to provide this l{earing Officer with a formal Technical

Response Memorandum C'TRM'), which would set forth every comment received by theDepartment in this matter, along with DAQ's formal response to the same. This

requested TRM was completed and submitled to this Hearing Officer, via email, onOctober 24,2013.
and rational discussion of the issues based on the reco¡d. After reviewing DAQ

s TRM

it is my view thal each comment was tilly responded to by the Departrnent by (1)identifying all of the relevant issues sur¡ounding each comment; and (2) disoussing thesame in a through and balanced manner, accurately reflecting the information contained

in the record. Therefore, rather than repeat the Department's TRM ve¡batim a1 this time,

I am expressly incorporating the same into this Hearing Office¡'s Report, as well asattaching a copy of the TRM hereto.

In addition to expressly incorporating the Department's TRM into this report, in

light of the importance of many of these issues, the following is a brief summary of thediscussion set forth in the Department's 'fechnical Response Document generated in this

matter:

Contrary to conoc:rns voiced by various members of the public during the course

of this promulgation, the aforementioned adoption method does not "lock" Delaware tofuture changes adopted by Califomia. If California makes any changes to its

requirements, they will have no effect in Delaware because Delaware's proposalincorporates the California requirements as they exist on December 31,2012. Each time

that Califomia makes a change to its requirements, Delaware will, in turn, evaluate thatchange, and pfopose to either adopt the new califomia requirement or reveÍ to the
comments opined that to blame I)elaware

s pollution on auto emissions was not logical,

and that the secondary cost to Delawat e tâxpayers would be obscene. In response to such

comment, the Department seeks to adopt this regulation because Delaware has poor airquality, and auto emissions are a significant sowce of air pollutants in Delaware. 'l'he

most recent emission inventory data for Delaware shows vehicle emissions have become

the largest source of pollution in the state. Mobile sources in the on-road and off-roadcategories account for 91%o carbon monoxide (CO) emissions , 64Yo in NO" emissions,

a¡d 560/o in VOC emissions, respectively.

As noted above, Delaware adopted the CA LEV II requirements in December

2010. Califomia has since adopted CA LEV III requirements, and Delaware now has the

option of either adopting the CA I-EV III requirements or reverting to the federal

program. Because mobile sources are becoming the largest part of Delaware's overallemissions inventory, and because Delaware's air quality does not meet federal health

based standards, and because CA LEV III requirernents are reasonable and have greateremission benefit than the current federal program, the Department's Division of AirQuality recommends the adoption of CA LEV requirements. Given this, the Department

believes that the adoption of Calilornia LEV III requirements is a reasonable means to

reduce auto emissions.
including New Jersey, Pennsylvania, and Maryland. In addition to California and these

three states, l0 other states have adopted the standards: Oregon, Washington, New York,Ve¡mont, Mainc, Massachusetts, New Mexico, Rhode Island, Connectioul and A¡izona.

Vehicles purchased in any of these states must be certìfied to the CA LEV III emission

standards. Additionally, if the Department chooses to adopt CA LEV III requirements,

Delawareans may only register cA LEV III cefiified vehicles (or, vehicles certified as,,5o-state vehicles"), regardless of the state in which they choose to purchase the vehicle.

Responding again to the numerous comments rcceived by the Department

regarding the projected increased costs for a new vehicle in 2025, the Department has setfo¡th the economics assooiated with the proposed revision to adopt the CA LEV III

requirements. The estimated cost ofCA LËV III was presented at the public hearing as

$1,900.00 per vehicle price increase in 2025, due to technology upgrades. Theseincreased costs will be further offset and result in a much greater savings from the

improved fuel economy, resulting in a 3:1 savings over the projected increase. Thisestimated cost/savings was laken directly frorn work done by California when theyadopted the LEV III requirements. CA LEV III is comprised of tluee main components:(1) a Greenhouse Gas ("GHG") componeú; (2) an exhauslevaporative component; and(3) a Zero Emission Vehicle (ZEV) component. The Deparlrnent proposal is to adopt theGIJG and tailpipe/evaporative components, and to not adopt the ZEV componerf. Given
Califomia estimated the cost of the CA LL

V n program to be fì170.00 per lighrduty

passenger vehicle in2017, up to a maximum of $1,360.00 for light duty trucks in 2025.

It should also be noted that Delaware consumers will likely see this increase in

cost in the near future in Delaware, regardless of whether CA t,EV III requirements are

adopted in Delaware . Because our neighboring states - Maryland, Pennsylvania and New

Jersey - have all adopted CA LEV III, residents ofthese states can only purchase vehicles

that meet CA LEV III standards. Should Delaware choose to not adopt CA LEV III, and

the Delaware dealers inventoried non-LEV III vehicles, they could not sell them to

residents of these border states. Because of this, Delaware dealers will more than likelyinventory only CA LEV III cars, regardless of whether Delaware adopts CA LEV IIl.

Furthermore, since all border states have adopted CA LEV III, only cars that meet CA

LEV III standards may be sold in these states, so the Delaware adoption of CA LEV III

will have no impact on cost to Delaware residenls that purchase vehicies fromsurrounding states' dealerships. The Department notes thaf, from a practical standpoint,

there will be no cost difference to Delaware citizens as a result of this action. Thus, the

Delaware adoption of CA LEV III will have no impact on Delaware dealers, or on the

vehicle cost to Delaware residents that purchase cars from Delaware dealers, beyond thatofother states that have adopted LEV III requirements.
not adopted CA LEV III, however, gets the standard 10 year, 120,000 mile walranty'The car is the same car, however, the waÌl'anty period is based upon the status of the

resident's home state only. Delaware's adoption of CA LEV III benefits Delawarecitizens by providing them with a better warranty, at no additional cost, simply because

they will be purchasing a CA LtsV III vehicle, regardless ofwhether Delawarc adopls CALEV III.

With regald to comments received by the Department conoerning how inc¡eased

repair costs were factored into the economic analysis, and the correlating impact of the

increased wananty period on the final price of a vehicle, the Department notes that this

comment asserts that CA LEV III vehicles will be more complex, and that there is arelationship between vehicle complexity and repair/maintenance cost. The Depaftment's

Division of Air Quality maiutains that the cost of any new technology needed to meet CALEV III requirernents is clearly factored into the California and EPA cost analysis, and

the f)epafment believes that the refinement of curÏent vehicle technology is adequate tomeet the new requirements. EPA explains in their Tier 3 Vehicle Emissions and Fuel

Standards (March 2013) proposal that,

"...the federal .fleet is already demonslrating ctclualemissions performqnce lhal is much cleaner than the levelto which it is currently being certified. Although thevehicles lhal tnake up the federal light-duty fleel arecapahle of meeling lower slandards there ís nt¡ impetus fotvehicle manufacturers lo certify their respective fleets to
solutions as a funclion of increasing cost and will avoid

implemenling very expensive designs whenever ¡tossible "

With respect to other concerns voiced at the time of the public hearing on

September 23, 2013, one commenter stated that the adoption of these proposed

amendments was viewed as a reversal of the Secretary's decision to adopt the Califomia

Low Emission vehicle II standards. At that time, the Department failed to include the

dates by which califomia had adopted the standa¡ds. one of the stated purposes of thisaction is to correct that previous error by removing the provisions of existing 7 DE

Admin. Code 1i40 that provide for the prospective incorporation by reference of future

revisions made by Califomia.

Additional comments were received by the Department in this matter which

argued the existence of global wanning (i.e., that the same does not exist), and questioned

the need to reduce PMz s and GIIG emissions, as well as the health impacts of PM2.5. Inresponse, the l)epartment believes that, although GHG help regulate the eatth's

temperature, a¡ atmospheric increase in these gases has intensified the greenhouse effect,

leading to clirnate change. Climate change threatens Delaware's economy, public health,

air and water resources, infì'astructure, and coastal resources, and can increase energy

demand.
appropriate inferim goals. The Department is thc lead agency in this effort to reduce

GHG. In Delawarc, the transpoflation sector is one of the largesl contributors of

greenhouse gases, producing close to 29% of all such emissions. The Department is

committed to the reduotion of GHG emissions from the transportation sector.

It should be noted that, in addition to the concems noted within the public

comment received by the Depalment as detailed above, numerous comment was also

received which applaud the Markell Administration for proposing cle¿rrer vehicle

standards. Such comment indicated support for Delaware's adopting of the LowEmission Vehicle Program, and encouraged the f)epartment to trìove forward

expeditiously to finalize the adoption of the proposed amendments to 7 DE Admin. Code

I140.

The Deparlment's exhibits demonst¡ate that the public and the regulated

oommunily have been adequately notified of this proposed regulatory action, and havehad the opportunity to participate in the Department's regulatory development process.

'Ihe Depafment has developed and maintained open communications with both the

regulated community and the general public, has conducted a public workshop to fullyvet this proposed promulgation, and has plovided the public with cornplete and timely

inforr.nation through the Department's regulatory website for these proposed

Amendments to 7 DD Admin. C<¡de 1140.

i0
Division of Air Quality's Technical Response Memorandum received by this HearingOfficer on Oclober 24,2013, which provides the Depaltment's thorough responses to the

public comment received in this matter, is attached hereto as Appendix "8", and the same

is expressly incorporated into this l-Iearing Offìcer's Repoú as well.

It should be noted that the Department adhered to all appropriate Delaware

statutes and the regulatory development process in this matter, and that the Department

has met the required public notice obligations regarding these proposed amendments' It

should also be noted that the Department has reviewed these proposed amendments in thelight of the Regulatory Flexibility Act, and believes the same to be lawful, feasible and

desirable, and that the recommendations as proposed should be applicable to all f)elawarecitizens equally.

ilI. ConclusionsandRecommendations:

Based on the record developed in this matter, I conclude that the Depadmert has

provided appropriate reasoning regarding the need for its proposed amendments to 7 Dìl

Admin. Code 1140: Delaware Low Emission Vehicle Program' Accordingly, Irecommend promulgation of this proposed amendment in the customary manner providedby law.

11
2. The Department provided adequate public notice of both the public workshop

and the public hearing in a marner required by the law and regulations;

3. The f)epartment held a public hearing in a manner required by the law and

regulations;

4. The Department has reviewed this proposed amendment in the iight of the

Regulatory Flexibility Act, and believes the same to be lawful, feasible and

desirable, and that the recommendation as proposed should be applicable to allDelaware citizens equaily;

5. The recommended revised Amendments do not reflect any substantive change

f¡om the initial proposed regulation Amendments as published in the

September 1,2073, Delaware llegister of Regulations;

6. Ihc recommended revised Arnendments should be adopted as final regulation

Amendments because Delaware will then be enabled to (1) remove the

requirements that provide for prospective incorporation of revisions made byCalifornia; and (2) updale certain provisions and adopt by reference the

applicable sections within Title 13 of the California Code of Regulations thatoomprise California's Low Etnission Vehicle (LRV) III standard and theGreenhouse Gas (GIìG) standard for model years 2015 to 2025; and

t2
The Department has an adequate record for its decision, and no further publichearing is appropriate or necessary;The Deparlment's proposed amendments to this regulation, as initially

published in the September 1,2013 Delaware Register of ll-egulations, and as

set forth as revised amendments within Appendix ".A" heteto, is adequatclysupported, is not arbitrary or capricious, and is consistent with the applicablelaws and regulations. Consequently, it should be approved as final regulatory

amendments, which shall go into effect ten days after their publication in thenext available issue of the Delaware Regíster of Regulations; andThe Department shall submit the proposed revised regulalion amendments asf,rnal to the l)elaware Register of Regulations for publication in its nextavailable issue, and shall provide Mitten notice to the persons affected by theOrder.

8.

9.

10.

VDST

Ahear\ Reg.^mcnd.I 140.f,!lv lll 2013

l3

APPENDIX C(A))

motor vehicles that are passenger cars, l¡ght-duty trucks, [aãd] medium-duty passenqer

veh¡clesl, and medium-duty vehiclesl subject to the Californ¡a LEV program and delivered for

sâle ¡n Deiaware.

t$syJs2o43lf I 2/'t't t 2o1 31 2.0 Applicabil¡ty

2.1 Except as set forth in 2.3 of this regulation no person shall del¡ver for sale, offer for sale,

sell, del¡ver, purchase, rent, acquire, rece¡ve, or register a new model year 2014 or subsequentmodel-year passenger car, light-duty truck, or medium-duty veh¡cle w¡thin Delaware unless

the vehicle has been certified by CARB and has received a CARB Executive Order'

2.2 For the purposes of th¡s regulation, it is presumed that the equitable or legal title to any

motor veh¡cle with an odometer read¡ng of 7,500 miles or more has been transferred to anultimate purchaser and that the equitable or legal title to any motor vehicle with an odometerreading of fewer than 7,500 miles has not been transferred to an ult¡mate purchaser.

2.3 The proh¡bit¡ons contained in 2.1 of th¡s regulation shall not apply to vehicles that are:

2.3.1 Held for daily lease or rental to the general publ¡c or engaged ln ¡nterstate

commerce, which are registered and pr¡nc¡pally operated outs¡de of Delaware;

2.3.2 Test vehicles and emergency vehicles;2.3.3 Acquired by a res¡dent of Detaware for the purposes of replacing a vehicle

reg¡stered to such resident, which vehicle was damaged, or became ¡noperat¡vebeyond reasonable repair, or was stolen while out of Delaware; prov¡ded that suchreplacement veh¡cle is acquired outs¡de of Delaware at the time the prev¡ouslyreg¡stered vehicle was either damaged or became inoperat¡ve beyond reâsonable

repa¡r or was stolen;

2.3.4 Transferred by inheritance;

2.3.5 Transferred by court decree;2.3.6 lssued a certif¡cate of conformity pursuant to the Clean Air Act and originally

reg¡stered in another state by a resident ofthat state who subsequently establishesresidence in Delaware;

2.3.7 Sold d¡rectly from one dealer to another dealer;2.3.8 Sold for the purpose of beìng wrecked or dismantled;2.3.9 Sold exclusively for off-h¡ghway use; or

2.3.10 Sold for reg¡stration outside of Delaware.2.3.11 Military tact¡cal vehicles.2.3.12 Acquired bv a Delaware resident servino in the armed forces wh¡le siationed ¡n

t$gxx/:o43lt1 2 r 1 1 r2o1 3l
motor veh¡cle engine, including but 

ot 

tec

y

, 

p

control systems and crankcase ventilating systems."Business" means an occupation, profession or trade; a person or partnersh¡p orcorporation engaged in commerce, manufacturing, or a service; a profit-seekìng enterprise or

concern.,,Cal¡fornia-cert¡fied', (vehicle) means a vehicle hav¡ng a valid Executive Order stat¡ng that thevehicle meets all applicable requirements under applicable sections of Title 13' CCR andapproved for sale ¡n California by CARB.

"California Air Resources Board or CARB" means the agency or its successor establishedand empowered to regulate sources of air pollution in the state of california, including motor

vehicles, pursuant to Sect¡on 39003, Californìa Health & Safety Code, as amended or

supplemented.

"Galiforn¡a low emission vehicle program" means the low emiss¡on vehicle program be¡ng

implemented in the state of California, pursuant to the prov¡sions of the Clean Air Act and the

California Code of Regulations."CCR" means the Cal¡fornia Code of Regulations.

.,cert¡ficate of conformity" means that document issued by ca¡¡forn¡a A¡f Resources Board,or the United States Env¡ronmental Protection Agency."clean Air Act or GAA" means the Federal Clean Air Act, 42 U S C. SS 7401 et seq, as

amended and supplemented."Dealer" means any person actively engaged in the business of offering to sell' sol¡c¡t¡ng oradvertising the sale, buying, transferr¡ng, leasing, selling or exchanging new motor vehicles and

who has an established place of bus¡ness.

,,Del¡vered for sale" means vehicles that have feceived a bill of lading for sale in Delaware and

are sh¡pped, or are ìn the process of being shipped to a dealer in Delaware."Department" means the Delaware Department of Natural Resources and EnvironmentalControl,

"Emergency veh¡cle" means any publicly owned vehicle operated by a peace offìcer ¡n the

performance of their duties, any authorìzed emergency vehicle used for fìghting f¡res orresponding to emergency fìre calls and any publicly owned authofized emergency vehicle used
,,Em¡ssion standards" mean specifìed lim¡tations on the dischârge of air contaminants into the

atmosphere.

-l,Engine-farn yl meaas-the basie-elaesifioatie¡ -unit-eomp+iseC of-+h€-€n€ÉFe-and-d+ive{ratn@fa6tu+er-€FdrJs€{lJer+h€fcrpese-e+ee*t*eatien g=rEnvironmental Performance Label' means a paþer or plastic decal securelv aff¡xed bv the

manufacturer to a window of all passenqer cars. lioht-dutv trucks. and medium-dutv passenqer

veilìcles r¡¡l.r¡ch disclose [he qlobal warminq and smoq Score for the vehicle in accordancg withTitle 13, CCR Sect¡on 1965.,,Executive order,' means a document issued by CARB certifying that a specified test groupof model year vehicle has met all applicable requirements adopted by CARB pursuant to theappl¡cable sections of T¡tle 13, CCR for the control of specified air contam¡nants from motor

veh¡cles and ¡s thereby certifìed for sale in California.4Federal Fuel Economv and Environmental Label' means a Federal Label that ¡s aff¡xed bvthe manufacturer toã w¡ndow on all 2013 and subsequent model vear passenqe-r cars. lioht-dutvtrucks. and medium-dutv oassenqer vehicles and would deem automobile manulqclurers

"Fleet Average Emission" means a vehicle manufacturer's average veh¡cle em¡ssions of all

Rreenhouse gases, non-methane organic gases (NMOG). or NMOG plus oxides of nitrogen (NOx),

¡c ¡nnlir¡hfp frnm :ll ncw vehi¡leç dplivered for çale or lease in Delaware in anv model-Vear."Greenhouse Gas" means anv of the follow¡nP gases: carbon diox¡de' methane' n¡trous oxide'

and hvdrofluorocarbons.

"Greenhouse Gas Credit" means greenhouse eas credit.

"Greenhouse Gas Vehicle Test Group" means vehicles that have an ident¡cal test qroup'

vehlcle make and móãel. transm¡ssjon class and dr¡veline, asOiration method (e.q.. laturqllv ffifi confiquration. valve train confìouration. and inertia weiohtclass...Gross veh¡cle weight rating or GVWR" means the value specif¡ed by the manufacturer as

the maximum design loaded weight of a single vehicle
"¡ntermeci¡ate voiume manufaciurer

 means a manufaciurer that has been designateci by

CARB as an ¡ntermediate volume manufacturer as deflned at Title 13, CCR, Sect¡on 1900.

"Large volume manufacturer" means a manufacturer that has been designated by iheCARB as a large volume manufacturer as def¡ned at Title 13, CCR, Section 1900

"Light-duty truck" means any 2000 and subsequent model year motor vehicle certifÌed to the

standards in T¡tle 13, CCR, Section 1961(a)(1), rated at 8,500 pounds gross veh¡cle we¡ght or

less, and any other motor vehicle rated at 6,000 pounds gross vehicle we¡ght or less, which¡s designed pr¡mar¡ly for purposes of transportat¡on of property or isa derivative ofsuch a

vehicle, or is available with special features enabl¡ng off- street or off-highway operat¡on and use."t¡ght csry truek 1 or tDT 1" mean6 a l¡ght duty tÍs€k with a leeded-v€si6le-weigfìt-€gé0

p€ü€d€-e+r€€€,

l+i@jght4]l{y tr{r€k-r#¡t#€adeg-+e¡iele_l¡leig+ì+-€f

greater+han 3750-peunds-and e3ress-vehlcle-welght€f]esslh€n-€F€qrJ€++e€éO0+€und€ ar1d iÊ€þd€€-meCiutrluty+a€€eng Feenh€u€e

g as-emi€5ien-slende+c€-of +Þis-r€gCati€F-

"Loaded veh¡cle we¡ght" means the veh¡cle curb weight plus 300 pounds.

9¡nail€@n€€p€fl deÐ6€-is€ueC+y€,ê€B-wheÊever-€aid

b€ac-+€eds-in{€+ma{e €m+ne+ug+tqsr-w¡en-it¡¡vishe+{o infe+m{hepublieof+e'w

i€f€ffiation-

"Manufacturer" means any independent low volume. small, intermediate or large volume

vehicle manufacturer as defìned at Title 13, CCR, Section 1900.

means med¡um-duty passenger vehicle as defined at Title 13,

"Medium-d uty vehicle" means medium-duty vehicle as defined at Title 13, CCR, Section 1900"Military tactical vehicle" means all land combat and transportation vehicles, excluding raílþased, which are des¡gned for or are in use by any of the Un¡ted States armed forces.

"Model year" meaçs-rnegef+ear-as ed.@ineCjn ac€€rCan€€-rAÀth-{åef€vìeeF€ €æR-8æ30#årêugM#304--e€-€cppl€menteC-€r

ame€d€d;-aBC-+Ê€€rperated-herc¡n+y-ref€+e¡€ê- means. for each vehicle manufacturer the

period which includes Januarv 1 of the catendar Vear in which the model is f¡rst offered for sale
"New motor vehicle engine" means a new engine in a motor veh¡cle."New veh¡cle" means any vehicle with 7,500 m¡les or fewer on its odometer.

"Non-methane organic gas or NMOG" means the total mass of oxygenated andnon-oxygenated hydrocarbon em¡ssions.

"NMOG + NOx Credit" means non-methane orqanic qas olus ox¡des of nitroqen credit."Passenger car" means any motor veh¡cle designed primarily for transportation of individuals

and hav¡ng a design capacity of 12 indiv¡duals or fewer."Person" means an ¡ndividual, public or private corporation, company' partnershlp, flrm'association, society or joint stock company, mun¡cipality, state, interstate body, or any Board,comm¡ssion, employee, agent, omcer or pol¡tical subdivision of a state, an interstate body or the

Un¡ted States.

,,Placed ¡n service,' means having been sold or leasêd to an u{t¡me{e-psf€hase+ end-user and

notto a dealer or other distribution chain ent¡ty, and having been individually registered for

on-road use by the Delaware Divis¡on of Motor Vehicles.,,Recall" means: a manufacturer's issu¡nq of notices directlv to consumers that vehicles in their

oossess¡on or control should be corrected: and/or a manufacturer's efforts to act¡velv locate and

correct vehicles ¡n the possession or control of consumers.rrRecall Campa¡qn" means that plan aoÞroved bv the Californ¡a Air Resources Board or the

Department, bv which the manufacturer will effect the recall of noncomplvine vehicles.

,,Sale or sell" means the transfer of equ¡table or legal title to a motor vehicle or motor vehicleeng¡ne to the ultimate purchaser."Secretary" means the Secretary of the Department."Small Volume Manufacturer" means a manufacturer thât has been desiqnated bv theCARB as a small volume manufacturer as defined at Title '13. CCR. Seciion 1900.

"State" means the State of Delaware, unless otherwise specif¡ed
"Ultimate purchasel

 means, 'r'r'ith respect to any new motor vehìcle or new motor vehicle

engine, the fìrst 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 VlN" means a unique, 17 digit, alphanumeric codethat the vehrcle manufacturer assigns to a vehicle.

[$sxxÆ0431 [1 2/1 1 t20131 4.0 Emiss¡oncertificationstandards

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

Cal¡forn¡a-cert¡f¡ed.

|'v'JJy'J(t2o13111 2 I 1 1 t 20 1 3l 5.0 Ì'¡{,loc4e€t-w¡deaverage'-exåess+€l1$6€ien{@

Requirements 5.1 A-meruie6lur€+--ef--m€detjear-?O44-€È]ateÊ-pass Cer- Ga+sr+ght-düty-++u€kq- sr @

t$aOG-fl ee+wiAe--ave+age-€xå€t€+€mi€€l€n-+eq@wh¡€h aJ€rage-€åâfi+e+a€ed-€H,tàe,numbe+ef-tåe-ma¡ufaetu¡e¡ls vehieles u e€t+o+l-€f

thi6 regHlatien No oerson. includìno a manufacturer or dealer. shall del¡ver for sale or lease, offer

for sale or lease, sell or lease, import, acquire. receive, ourchase or rent a new vehicle that is a2014 or subseouent model-vear oassenoer car. ìiqht-dutv fuck[, and medÍum-duty vehicles'lor medium-dutv vehicle in Delaware unless the vehicle [¡]s Californ¡a-certified and comÞlies withthe followinq cnterla:

5.1.1 the exhaust emission standards. as apolicable in Tìtle 13, CCR Section 1956.8

(q) or (h). 1960.1. 1961, 1961 1. 1961,2 or 1961 3 and

5 'l 2 the environmental oerformance label requ¡rementsfot 2014 and sqþÞeqleot

model vear vehicles ìn accordance w¡th Title 13, CCR. Sect¡on 1965 and

5.1.3 the evaÞorative emission standards ¡n Title 13. CCR. Section 1976 and5.1.4 the refuelinq emission standards in Tìtle'13, CCR, Section 1978 and

5.1.5 the malfunction and diaqnostlc svstem requirements ¡n Title 13' CCR, 1968.2

and
Seetion 1961ie) shall be based upen the nsmbe+-ef-+ehiel¿¡s {he--manu{a€tr#e+-pr€du6es--e+rcdelìve¡s-{er-+ele-ìn-Ðelaware ìn-aeee+danee wit'h-{his +e"g+datienlruwrwl31l12t11t2O131 6.0 Veh¡cl€+esting MenufacturerFlee

6.1 Each manufacturer shall meet the follow¡nq fleet requirements for the new vehicles

delivered for sale or lease in Delaware:

6.1 ,1 Effective for 2014 model-vears, each manufacturer shall complv with the flçet

6ããsõããr cars and lloirtiutv trucks which averaoe shgl.l .be based on the

Delaware in accordance w¡th this requlat¡on.

6.1.3 Effective for the 2014 throuqh 2016 model-vears. eâch manufacturer shall

passenqer carsJ¡qhGdutv irucks and medium-dutv passenogr vghicles, a.nd for ,õ14;;; subsequent módel-years earn and bank GHG ci'edits in accordance

with Title 13. CCR. S

6.1 .4 Effective for the 2017 and subsequent model vears, each manufactqrer shall

passenqer cars, lioirtdutv tiucks and medium-dutv passeflgeJ v=ehiçles ,a+q qav

ãam and bani GHG crédits, in accordance w¡th Title l3 CCR Sect¡on 1961 3'

6.1 6.2 Each new veh¡cle model subject to 2.1 of this regulation shall sat¡sfy the motorvehicle emission requ¡rements of Title 13, ccR, sections: 1956.8 (g) or (h). 1960,1, 1961,

'1961.1,1961,2. 1961.3, 1965, 4€68+ 1968.2, 1968.5, ',I976, 1978' 2037'2038,2062' 2101' zlll, and zZl; A manufacturer shall demonstrate compliance by presenting to the

Department upon request copies of the appl¡cable Executive Order'
y 

p

¡

g, 

y 

Sections 2101 through 2110,2150, and 2'151. A manufacturer shall demonstrate complianceby presenting to the Department, upon request, copies of the test results and the determination

and f¡nd¡ngs made by CARB.

63 6.5 For the purposes of detection and repair of veh¡cles subject to this regulation failingto meet the motor vehicle emission requirements of Title 13, CCR, Section 1961 the

Department may conduct, after consultat¡on with CARB, ln-Use Vehicle Enforcement Testing in

accordance w¡th the protoco¡ and testing procedures in Title 13, CCR, Sect¡on 2140. A

manufacturer shall demonstrate compliance by present¡ng to the Department, upon request,

copies of the test results and the determinat¡on and f¡nd¡ngs made by CARB.

D<Jg)gl,t:¿04alt1 21 1 1 r 20 1 3l

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

per¡od 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 theDepartment, upon request, a @ Emiss¡on Warrantvlnformation report as defined at T¡tle 13, CCR, Section 2144.

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

copies of the Feilur€-€f€missiên-Re{a+ed-C€r$pon€fitsthat are subm¡tted to CARB.

Ix){J.yJtzo+?ll1 2 t 1 1 r 20 1 3l 8,0 ReportingandRecord-Keep¡ngRequirements

8.1 Beginn¡ng with the 20'14 model year, each manufacturer of a veh¡cle subject to 2.1of this regulat¡on shall submit annualìy to the Deoartment, no later than M a v Mar€h-'l

follow¡ng the close of the model year, a report item¡zedbvtestqdocument¡ng total new vehicle deliveries for sale or lease in Delaware. oF+ehi€lesiR€achlest

grF€ctldli¡ gÉhat-{ìîod€ly€€r

8.2 Beginning with the 20'14 model year, each manufacturer of a veh¡cle subject to 21

of th¡s regulat¡on shall submit annually to the Department, by no later than Mav Mareh-1following the close of the model year, a report, prepa¡e¿=eeeCln€-{'e-+itle-i+-€CR,-Se€tt€F

1€€1 

, -€eleulat¡€gF+he NMOG flÊ€t wide average exheu6È€mis€ien itemized bv test orouþ and

emission standard. that demonstrates the manufacturer has met the fleet requ¡rements ofSection 6.0 of thls requlation for the model year just ended for vehicles del¡vered for sale in

Delaware-
p

g

new 2014 or subsequent model-year vehicles that have not been cert¡f¡ed by CARB and

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

ava¡labfe to the Department upon request,

t)esÐg?o€lt1 2 I I 1 I 20131 9.0 Enforcement

g.lRecordstosupportanyapplication,not¡ce,reportoramendmentsubm¡ttedtothe

Department under this rågulation shall be maintained for a period of no less than. five years

aftår submitting the information to the Department, and shall be made readily available to the

Department upon request.

g.2 Failure to comply with âny of the obligations or requirements of th¡s regulation shall

subject the violator to an enforcement act¡on pursuant to the provisions of 7 Del' C' Ch 60

g.3AnyorderorenforcementactiontakenbyCARBtocorrectnoncompliancewithanysect¡on of i¡fle 13, CCR, which act¡on results in the recall of any vehicle pursuant to T¡tle 13,ccR, sections 2109 through 2135, shall be applicable in Delaware, except where themanufacturer demonstratãs to the Department's satisfaction within 30 days of issuance of theCARB action that the action ¡s not applicable to veh¡cles subject to this regulation

g.4 Any emission-related recall campa¡gn, voluntary or otheMis-e, in¡tiated by any

manufacturer pursuant to Title 13, CCR, Sèctions 2113 through 2121, shall extend. to allsimilaf vehicles subject to 2.1 of th¡s regulat¡on, except where the manufacturer demonstrates

to the Department,é satisfact¡on w¡th¡n 30 days of çARB approval of the campaign that thecampaign is not applicable to vehicles subject to 2.1 of this regulaiion'
ao+-€{e €on+iê{i€f¡É€{tonqati€ally-upd€+ed in-€+d€Ì-t€-lTe jÐtaifi €€€sist€ney-l i{Hå€-fie€t 6ur{€Êt€.êRr+hrr@y-€th€r-€h€ig€si]l€lüCiff €l--+ith€u{

limi+a{ieat-+e.peals-+++aye+hat.a#ee+the-rne€RiFg-€{-€p€r€t1€€€+€{a+u€ -{faHs+F¡a+uf€;br€ught-abou{+y€ithe+juCi€ìa+€ d€ìnist+ative a€tien €€d-adopt€d €+€tå€F¡*ise fl€tì€e state-elGakfor¡ìa¡slrall-be+aralleledåy-a-€i{Ì¡laÊ€han€egåe-Ðetawafe-{€gulati€n-s€-+ha{ th€-Ðe@f¡+fi ea+in€ranC €tatus-€s-it6€€]¡ûom¡a-Gout*e+pâ+

The Low Emiss¡on Vehicle Proqram at 7 DE Adm¡n C 1140. refer to various sect¡on of Title 13of the California Code of Requlations (CCR). Wherever 7 DE Adm¡n C 1140 refers to a

spec¡f¡c sect¡on of the CCR, the reference is made to that version of the ç as of the amended

date provided for that section in 7 DE Admin C 1140: Iable 40-1. The Department herebvincorporates bv reference each ofthe section of Titlel3 CCR that are listed in Table 1 as of10.3 Prov¡sìons of the CCR that are excluded from incorporat¡on by reference in this

regulation are excluded in theír entirety, unless otherwise specifled. lf there ¡s a cross-reference

to a Californ¡a c¡tation that was not spec¡f¡cally incorporated, the cross-referenced citat¡on is notincorporated by virtue of the cross-reference. P+evisienslhatå€v€-Se€n ded-{rern

in€o+€+atien-by{efer€F€e--arc-€16€-€x€.þd€ciþm-+h€-p€€e€s €f-prcspe€ttY€ìneeçe+atienþy+€f€¡e€€e,

10.4 Nothing in these prov¡sions incorporated by reference from the CCR shall affect the

Department's authority to enforce statutes, rules, perm¡ts or orders administered or issued by

the Secretary.10.5 The follow¡nq documents and sources of Title 13of the Californ¡a Code of Reoulations

(CCR) are incorporated by reference within this regulationi

Table 40-1

California Code of Regulat¡ons (CCR) Title l3

Provisions lncorporated by Reference

'Tife 13; CCR Title . Sect¡ôn nménoäuläG - Chapter 1 Motor Vehicle Pollution Control Devices Article 1 General Prov¡sions

isection t oòo iD"finition" As effective December a1 . 2012

Art¡cle 2 Approval of Motor Vehicle Pollution Control Devices iNew Vehicles¡

,section 'Exhaust Emission Standards and lest ns etfective Deòàmøài òt . iot zItsso.olg¡ and rProcedures - 1985 and Subsequent Modell(h) iHeavy Duty Engìnes and Vehicles
] lstbsesü€F{ Model Passenger Cars, I lDuty Trucks and Medium-Duty Veh¡clesiSéäi"; ie6ìl jG*;Éil; - öäJ *-eiriãJJi'' Ê¡

b6esü€F{ Model Passenger Cars, L¡ght

 i

l-uuty vel çres i jG*ñÉÑ; - öäJ *-áliãñ'i -' Èmiision )As effect¡ve AuqustT, 2012

jStandards and Test Procedures - 2009 iIthrouoh zo16 a€d'-'St+bseqll€Rt Model ìiPassenger Cars, Light-Duty Trucks' and: 'Med¡um-Duty Vehicles

iei,i àiãct¡ie oecemøer st . zot z

:

es effective December si . ztii z

I:

;Med¡um-Dutv Vehicles.
iDefects Warranty Requ¡rements for 1990 ancJ i

iSubsequent Model Year Passenger Cars,'llighfDuty Trucks and Med¡um-Duty Vehicles iland Motor Veh¡cle Eng¡nes Used in Such.

Vehicles

'Þerformance Warranty Requirements for lggo As effective Àuqusil. iolz

iand Subsequent Model Year Passenger Cars, 

ì

iLighþDuty Trucks and Medium-Duty Vehicles land Motor Vehicle Engines Used ¡n Such

Vehicles

Section 2039 ,Em¡ss¡on Control System Warranty Statement As effect¡ve December 26. 1gg0

,Sect¡on 2040 lVeh¡cle Owner Obligations As effect¡ve December à6. 1gg0'section 2041 lMediation; Finding ot wärraniäOte Condiiion ,As effective December 26, 1990

Sect¡on 2046 ;Defeciive Catalyst ns effeciire Èeiruarv is. tgzg

Chapter 2 Enforcement of Veh¡cle Em¡ss¡on Standards and Enforcement Testing Article 1 Assembly

¡ L¡ne Test¡ng

Section 2062 lAssembly-line Test Procedures 1998 and As effective Auoust7.2012

Subsequent Model years

i Article 2 Enforcement of New and ln-use Vehicle Standards

lI

iII

¡Sect¡on 2038I

Section 2101 Compl¡ance Test¡ng and lnspection - New As effective December 8. 2010

' .Vehicle Selection, Evaluation and I lEnforcement Act¡on

iéection 2109 New Vehìcie Recall Provisioni ls etfelt¡ie iiecemøer so. tgas

{Sect¡on 21 10 lRemedial Action for Assembly-L¡ne Quality As iffeclive Novemtser 27. l99g i Inudit Testinq of Less than a Full calendar'

I lQuarter of Product¡on Pr¡or to the 2001 Model I lvuu' i

I Article 2.1 Procedures for ln-Use Vehicle Voluntary and lnfluenced Recallsisection 21'1 1ìSection 21 12

t--"þóiiiá. zììáÌ

jApplicabilitylDefinitions

,As effect¡ve December 8. 2010',As effective A,uoust 7. 2012

Appendix A to Artlcle 2.1

lnit¡ation and Approval ofVoiuntary and As effective Januarv i6, 1gg5

llnfluenced Recalls

lsect¡on 2114 :Volylt?ry:n9,l!rT.":"9 t""ll Plans Às effective Ñovember 27. 1999
plx;lJ,t2043J,1 2 t 1 1 r 20 1 31 11,0 DocumentAva¡lab¡l¡ty

Anyofthedocumentsincorporatedbyreferencemaybeobtainedeitherfromthe

Deþartment or from the State of California Off¡ce of Administrative Law, 300 Capitol Mall,
¡s held invaljd in a court of law, the rema¡nder of this subchapter shall continue Ìn full force and

effect.

r4ÐE--,R€g;S83{i+104#q
APPENDIX O'B''

l:iom:

Re:

Deanna Cucciuello dtvw 70/21/7 

3

Depaúment's Response to Comments reccived on the proposed amendments to 7 DEAdmin Code 1140 - Lt¡v, Llmissìon Vehicle Program.

You presided over a public hearing on Monday, Scptcmber 23,2013 begirming at 6:00 PM in

Dl{l{FC's Richardson & Robbins Buildilg Auditorium, 89 Kings Hwy, I)over, DE 19901 lhe

subject ofthat public hearing was a propòsed revision to 7 DE Admin. Code 1140 - Low ErnissionVehicle Program. 1'he ù)eparlnreut rcceived comments fron the following:

Date Received Name organizat¡on

g/23/2OL3 Julia Rege , Global Automakers

. g/23/2OI3 rnfield @countivpropa neon line.co¡a(No name submitted) private cit¡zen

9/23/2013 Richard Timmons pr¡vate citizeng/23/2OL3 An on Wright pr¡vate citizen

9/23/2OI3 John llichols pr¡vate citizen9/24/20L3 John Nichols Private c¡t¡zen

g/24/2o73 Linda Shinn pr¡vate citizen9/25/2013 Joseph Fulgharn M¡nor¡ty Cãuscus9/27/20L1 TTwhiteb@nç9lagûlgi!=çqm(Nonamesubmitted) pr¡vatecitizen

g/27 /20ß Robert Wrieden pr¡vate c¡tizen9/?s/2o73 im3de7736@aol.com (No name submitted) pr¡vate citizen

9/29/2OI3 James F Canalichio Private c¡t¡zen9/30/2OI3 Martin Shuey pr¡vate c¡tizen

9/3o/zoL3 George Brown pr¡vate cit¡zen9/3O/7OI3 Eileen Boyle pr¡vate cit¡zen

1O/L/2O13 Matt Schlitter private citizen1O/2/2OI3 Sabine Buergerme¡ster via Sierra Club

IO/2/2Oß John Jacobs v¡a Sierra club

1O/2/2OI3 Kathleen Eaton v¡a Sierra Club

IO/2/2O13 Mark.lolly-Van Dorlgraven via sierra club

IO/2/2OL3 Linda Jacobs via Sierra Club

7O/2/2OI3 Robin Coventry via Sierra Club

7O/2/2O73 Kimberly Frey via Sierra clubfO/2/2O13 Ken Reynolds via Sierra Club
70/2/2073 Scott Bayne

I0/2/2O13 Jim BlackrO/2/2Ot3 Kristine Cassa r10/2/2073 Grace Nasseh10/2/2OI3 Clara Thomas

1O/2/2O13 charles Pierson

L0/2/2O73 Susan Reamcr10/2/2073 Martha Black de Frias10/2/2OI3 Gregg Mccauley

1O/2/2O13 John Sykes

70/2/2013 Lita Hetherington70/2/2073 Ramsay Kieffer

LOl2/2073 Robert Klahnt0/2/2073 Eric Plaisa nceto/2l2jt3 Leamon HoodLO/2/20L3 DavidGuinnup

LO/2/2OI3 Jared CorneliatO/2/2O73 Kr¡s MannersIO/Z/2O13 Joa n Bleakly

10/2/2013 Jason Breed ing1O/2/2073 Eliza beth Zarek70/2/2OI3 Mirjam Koesterke

7O/2/2O73 lris Barrton1,0/2/20ß Steve Douglas10/3/2073 EdithColemanLO/3/2013 Lisa Gosnell

IO/3/2013 Katha rine Rivera

70/3/2013 Doug Rawling

IO/3/2013 Dora Jackson

rO/3/2013 Kate Ja rnalIO/3/2OI3 David Cha ndlerfO/3/2O13 Max HaggertyLO/3/2013 Milagros PistrittoLO/3/2073 Jaya Ba li

IO/3/20L3 Nancy GellerIOl3/20L3 Ph¡lip Fuski

v¡a Sierra Clubvia Sierrã Club

via Sierra Club

via sierri club

vra 5rerra Lluþvia Sierra Clubvia Sie.rra Clubvia Sierra Clubv¡a Sierra clubvia Sierra Clubvia Sierra Club

v¡a Sierra Clubvia Sie[ra Club

via Sierra CIubvia Sierra Clubvia Sleria Clubviä Sierra clubv¡a Sierra Clubvia Sierra Clubvia Sieira'Clubvia Sierra.Clubvia Sierra clubvia'S¡erra ClubAuto Alliancevia Sierra Club

via Sierra Club

via Sierra Clubvia Síerra Club

via Sierra Clubv¡a Sierra Clubvia Sierra Clubvia Sierra Clubvia Sierra Clubvía Sierra Clu bvia Sierra Clu bvia Sierra Club
70/3/2013 Majed Subh

ro/4/2oL3 Bruce Abbott\0/5/ZOI3 J ul¡a Taeuber1O/7 /2073 Bethany Ha ll-Long

7O/8/2O13 Josh Miller70/8/2013 Aaron Wright

10/8/2013 Steve Wright

L0/8/2OI3 Thurman BrendlingerlO/812O73 Barba ra Reader

via S¡erra Club

via Sierra Clubvia Sierra Club

DE Senator

pr¡vate cit¡zenprivate citizen

private'cit¡zen

Clean Air Counc¡l

private cit¡zen

This memorandum provides a summary of the comments received and the Division of Air Quality(DAQ) response. Each commeut received is included verbatim as an attachment'

L Gencral Comments ReceivcdCommcnt 1

The commenter was concerned that the adoption of these amendments would "lock" Deìawa¡e toany future changes adopted by California.

Derrartmcnt Resrronse

A) establishes the framework for controlling mobile source etnissions.

Section 209 of the CAA allows California to regulate tailpipe ernission ftom mobile sources,

and CAA Section 177 allows other states to adopt the Caiifornia standards. Deiaware is

cur.rerfly regulating mobile sources putsuant to its adoption of CA LEV II requirements.

Califoniia hãs revised their LEV II requirernents to LEV III requirements. Delaware cunently

has two options under the cAA, 1) adopt the cA LEV III requirements, or 2) revert to thefederal program.

This proposal is to adopt the CA LEV III slandards. This is being done by incorporating byref"rån"ô the applicable sections within Title 13 of the Califomia Code of Regulations as theyexist on 12/31/12.

This adoption method does not "lock" Delaware to future ohanges adopred by california. lf

Califomia makes any changes to its requirements they will have no effect in Delaware becauseDelaware's proporui incorporates the CA requirements as they exist on 12131112' Iivery timeCA makes áchànge to their requirements Delaware in tuln wili evaluate that change, and

propose to either ádopt the new CA requirement or reverl to the federal program. Either way aiegulatory tevision will be necessary, subject to all ofthe provisions of7 DE Code Chapters 60and 101 .
DcDartmcnt ResponseTh" D"p"r**t t. p-posing to adopt this regulalion because l)elaware has poor air quality,auto emissions are å significant source of air pollutants in Delaware, and the adoption ofCALEV III requirements is a reasonable means to ¡educe auto emissions'

Delaware has poor air qualitv: Delaware air quality is designated as not meeting the health

based standa¡ds for orone ánd fine parliculate matter (PMz.s). Ozone is generally not directly

emitted, but rather forms in the aimosphere when volatile organic compounds (VOC) andnitrogen oxides (N.ox) emissions react in the presence of heat and sunlight. PM2.5 is directlyemitted, and also fonns in the atmosphere tfuough reactions of VOC, NOx, and sulfur dioxide(sot.

Delaware has aggressively regulated voc and Nox emissions, and has reduced overallstatewide VOC and NOx emiisions by about 70%o each,from a 1990 baseline. Large reductionsin direct PMz.s and soz have also occurred as a result of l)elaware regulations.

Auto emissions are significant: The most recerf emission inventory data for Delaware shows\rAricie emissions have become the largest source of pollution in the state. Mobile sources in

the on-road and off-road categories account for 91%o catbon monoxide (CO) emissions, 64% inNOx emissions, and 56%o in VOC emissions, respectively. From the Department's presentation

at the public hearing:

Ðelaware Ëmrsslons

¿Oû¡ r'(}xtT bdoñl

Bha¿ Slíes Ðefcrlrd re; (úêan.ilitÍo¡ I'ilc
q

program, DAQ recommends the adoption of CA LEV III requirements'Responses to comments associaled with costs arc provided in Section III below.

Commcnt 3

Ãìä--to*t"r ot the public hearing was concerned thal lhe adoplion of these amendments wasvierved as a reversal ofthe Secretary's decision to adopt the California Low Ernission Vehicles II

sta¡dards. At the time, the Department failed to include the dates by which Califomia had adopted

the standards.

Derrartment Rcsfionscnr" "".-""1 ir t"f*.i"g to an effor made by the Depalment in its December 2010 adoption of the CA LEV II requireménts. One of the purposes of this action is to correct this error by

removing the provìsions of 7 DE Adrnin. Code 1 140 that provide for the prospective

incorporation by reference of future revisions made by California'

Commcnt 4

õo-t*t". rtuted that he will buy his car(s) 5 miles away in New Jersey where the cars will be

cheaper, less pollution rules.

DeDartmcnt RcsponseDAa *t-"t -1 ""rftrt" that the commenter may or lnay not be able to purchase cars in New Jer.si cheaper, but it does not agree that New Jersey has less restrictive vehicle emission rules.

New Jersey has already adopted CA LEV III requirements.

T'he CA LEV III requirements have already been adopted in surrounding s1a1es including NewJersey, pe¡nsylvanià, and Maryland. In addilion to California and these three states, ten other.tut". huu" adopte<l the standards: Oregon, Washington, New York, Vermont, Maine,Nlassachusetts, New Mexico, Rhode Island, Connecticut, and Arizona. Vehicles purchased in

any ofthese states must be certified to the CA LEV III emissiou standards'In addition, if this proposal to adopt cA LEV III requirements is finalized, Delawareans mayonly register CA I-EVIII certified vehicles (or vehicles cerlihed as 50-state vehicles), regardlessofthe state they ohoose to purchase the vehicle'
The D

partmeñ agreeiwith the conlmenters, 

pp

pp

thc standards be Promulgated.

lI. comments Received Rcgarding the Environmental & Hcalth Benefits of thc Proposal

Commcnt 6

The commenter stated that Global warming does not exist.

f)epartment Rcsfionse 'Iht.."--"trt tr app"ars to mainly question the need to reduce PMz s and GHG emissions,and the health impacts of PM2 5.The need 1o reduce PMz.s and GIIG emissions are addressed in the responses to Comment 2and Commenl 6 above.

DeoaÉment ResrronseAlth"rgh G**h"r." gases help regulate the eafh's tempetature, the Department believes

that an ãtmospheric increase in these gases has intensified the greenhouse effect, leading to

climate change. Climate change threatens Delaware's economy, public health, air alld water

resources, inirastructure, and coastal resources and can increase energy demand.

Governor Jack Markell recently signed Executive Order 41 (State of Delaware - "Executive

Order 41" dated September 12,2013' Retreived fromhttp://governor.delàwa¡e. eov/orders/ËO41 .pdÐ which, anong other things, requiresdevãþmert of an implementation plan to mainfain and build upon Delaware's leadership inresponsibly reducing gieenhouse gas emissions, including identifuing appropriate interim goals.

Thè Department is the iead agency in this effort to reduce GHG'In Delawarc, the transportation sector is one ofthe largest contributors of greenÌrouse gases,

producing close to 29o/o of all such emissions. The Department is committed to reduce

greenhouse gas emissions from the transporlation sector.

Commenl 7

Däì-ng tn" puUtic hearing, one commenter stated that PMz s and Greenhouse gas (GHG) emissionsu.e dròpping because ofthe conversion 1o natu¡al gas and because the cconomy is in the doldrums.T'he commenter questioned how the health benefits of PMz s and GI IG were determined when, bythe EPA's ovrn experiments they couldn't generate any health impacts associated with such highlevel of exposures to 41 test subjects.
sooioe

onomic stalus. New castle cou

y, 

¡

y 

g

not meeling tlie health based PMz s NAAQS. The Department concludes that the existenceof the PMz¡ NAAQS, and all of the associated EPA supporting documentation, form atladequate basis to conclude that PMz s is harmful to public health'

Comment ITh" -rnr*of". stated concern for the environment, but noted that tbis regulation would still notsave the environment. The comnenter believes that the Depalment should focus on electrical

generation and increases in lead and mercury.

Derrartment Resnonscll.tir u-"n,ltnètrt to 7bE Admin Code 1i40 - Low Emission Vehicle Program is one ofmany slr.ategies that ensure Delaware emission sources are well controlled. The DeparÍnent I reguiates emissions from electrical generation and increases from lead and mercury under ' otúer regulations that are not the subject of this public hearing. Despite this, the Depanment

notes thãt emission controls on electrical generation in Delawa¡e are among the best in thecountry.7 DE Admin. code I 146, adopted in 2006, regulales Nox, Soz, and I{g from all coal or oilfired electric generating units (EGUs) in the state, on a unit-by-unit basis. Regarding lead,EpA adoptedì new health based lead standard in 2008, and based on souroc ¿urd ambient

monitorirg data Delaware's air quality meets this standard'At this time the DAQ does not have any data that indicates fuÍher action on its electÌicalgeneration, lead or mercury emitting sources is necessary'

III. Comments Rcccived Rcgarding the Cost Bcnefit ArralysisCommcnt 9

Th" D"p-utfrn"nt received numelous colnmelìts regarding the projected increased costs for a new

vehicleìn 2025. Many felt the costs to be too expensive for f)elaware consumers to pay for cleanet'

more fuel efficienf vehicles.

Defi artmcnt Resfionse:h."rpotr* t" th"t" "-"nìents the Depaftment is providing the econornics associated with the proposed revision 1o adopt the CA LEV III requirements. The estimatcd cost of CALEV IIi was presented at the public hearing as a $1,900 per vehicle price increase in 2025due to techniogy upgrades, álong with a much greater savings from the improved fueleconomy. This óstimated cost/savings was taken directly from work done by CA when theyadopted the LEV IiJ requirements. cA LDV III is comprised of thlee main components, 1) a
while the Departmenl does believe this information is accurate, the economics of cA LEVIlladoptioninnrmuybebellerevalualedinlightofafinalruleissuedbylheEPAthat ."qti.* GIIG reductiãns that are in harmony with CA LEV III (see 77 FR 62624)' I:,t' . . EÉA's hnal rule the EPA estimates the costi of its GHG program to be $ 1,800 per vehicle'AndlikeCAthel]PAcalculateanetsavirgstotheconsumerfronrtheGllGcomponerrt,due 1o fuel savings being much greater than the cost of vehicle technology upgrades Given

that the GHG "oÃpon"ni i, noJa federal requirement the cost and savings associated with i1, relative to DelÑare's adoption of CA LEV III, is moot; and the overall impact in DE isbåtter evaluated based on thó exhausl evaporative component' The BPA has proposed butnot yet finalized'fier III requirements that are in harmony with CA LEV IIIiait¡p"/"uupo.utive standards, The EPA has estimate<f the cost ofTier III to range from $78

io' pårr"ngå. cars in 2016 up to a maximum cost at $ 165 for light duty trucks in 2025 So'relaìi,re toihe current federal baseline, the proposed adoption of CA LìlV III in Delawarewill more likely add between $78 and S 16i to the cosl ofa new vehicle, depending on thevehicle lype and ntodcl Year.

Note that l)elaware consumers will likely see this increase in cost regardless of whether or

not CA LEV III requirements are adopted. Because Maryland, Pennsylvania and New

i".r"y hurr" all adopted cA LEv tII, iesidents ofthese states can only purchase vehicles thâtmeet'cA Lllv lll siandards. If Delawa¡e did not adopt cA LEV III and the Delaware

dealers inventoried non-LEV III vehicles they could not sell them to residents oftheseborder states. Because of this Delaware deaiers will more than likely inventory only CALEV III cars regardless of whether Delaware adopts CA LEV III' So' the f)elawareuaoption of Cai¡V III will have no impact on Delaware dealers, or the vehicle cost toli"lä*u." residents thal purchase cars fróm Delaware dealers' Further' since all borderstates havt3 adopted cA LEV III, only cars tllat m(ret cA Lìlv III standards may be sold in

these stales' ,oih" D"lu*-" adoption of CA LEV III will have no impact on cost to

Dclaware rásidents that purchase vehicles from surrounding states' dealers. prom a practical

stanàpoint the Deparrment believes that there will be 'o cost difference to f)elaware citizens

as a result of this action.If the Department does not adopt cA LìJV III lequireureuts Delawate citizens will, however,be placeá at a disadvantage relátive to surroun<ling states_ This is because any cal'sold to 

a

resident ofa state that hai adopted CA LEV III gets an extended 15 year' 150'000 mile

warraúy. Any car sold to a resident of a state that has not adopted CA LEV III gets thestandará 10 year, 120,000 mile warranty. f'he car is the same car;1he warratfy period keysoffofthe srarus ofthe resident's state only l)elaware adopting CA LEV III benefits ..Delawarecitizensbygivingthenrabettelwarranty,atnoadditionalcosl(sincelheywillbepurchasing a ce I_Éf nl v:ehicle regardless of wherher Delaware adopts cA LEV III).
nuring rt " p

g

in theÞowerpoint presen-tation, specilìcally - the number of miles driven per month, the overalllifetime of the vehicle, the price åf fu"l foi the 2025 estimate as well as the economic impact when

the regulations initially go into effect in 2015'

Dcfiartmcnl RcsDonse

Th" ""-"r*1". *"r pavided a verbal response from the Department at the public hearing The Department used Calìfornia's Initial Stalement of Reasons as a guidance docume'1 (CaliforniaAii Resources Board - "Initial Stafement of Reasons" dated December 11,2011 . Retrievedfïom http://vvrÀl^/-arb.ca. qov/resacl20 i 2/leviiishr¡2012/leviiiqhq2012.html.) Emissions data

calculations and cosls *"." "ot11pil"¿ using the best methods and measurements avâilable at the time.

Comment 11n*inã-tn.+u¡tic hearing, one comn,enter asked how iucreased repair costs were.factored ifto the."onoiri" analysis and thi impact of the increased warranty period on the 1i'a¡ price ofa vehicle'

DcÞarf men{ Resnonsc Tl*."*-"trfìr "*"rttng that cA LEV Iil vehicles will be more complex, and that thele rs 

a

relationship between vehicle complexity and repair/tnaintenance cost, and is asking if thisincreased cost is factored into the economic analysis'

The cost ofany new lechnology needed to meet CA LEV III requirements is clearly factoled

into the CA un¿ gpa analysis áiscussed under Comment 9 above. It does not, however, appear

that any increased repair costs were factored in for the following reasons:

In general, the refinement ofcurrent vehicle technology is adequate to meet the new,"qui."m"ntt. EPA explains in their Tier III proposal that,

,, 

. ..lhe fetleral /leel is already demonslrdtíng acfual emissions performqnce Íhãt is much

cleanei than the level to wh¡ih it is currently being certified. Although the vehicles thatmakeupthe.feclerallight-dutyfleetarecapableofmeetinglowerslandards.thereisno

impetus Jor iehicle mãnufacl,,,u" to certify lheir respective .fleel s to anylhing lou'erthan lhe current requirentenls. In addilion, we anticipãte thal not every teclmologt willhe required on att iehicles to meet the proposed standards. W1e catalyst loading rtnd

engiie calibrotion changes will most likely be applied on all vehicles, only the moslrlifucult powerrrain applicalions will require very expensive emissions control solutionsslch as active hy¿roiårbon adsorbers. We expect that manufctcturers will implemenl

emission control solulÌon:t ãs afunction of increasinp¡ cost and will avoid im¡:lentenlingvery erytensive designs whenever possible "
DepaÍment

s lech¡ical Support Document (

) 

Staiernent ofReasons (Caliiórnia Air Resources Board - "hlitial Statement ofReasons" dated

l)ecember 11,2011. Retrieved liom

nttp : I lwww.aú.ca.sov I reserl20

Comment 12

The comnrenter Stated concern regarding the projected increased cost to new vehicles in2025: "I

do nol neerl to spend more money on purchasing vehicles in this state" . DNREC's positioÌì that wewill still have choices is not truewhen numbers are established requiring certain purchases ofeleclric vehicles.

Dcrrartment Rcsponseffrocost ofvehicles is addressed in response to Cornment 9 above'

Regarding the comment thal consumers will not have choices in the vehicle they purchasebeúuse the purchase of electric vehicles is required, the Department does not agree. The

proposed aniendments do nof establish a requirement for electric vehicles purchases by

consumers.

Comment 13A "u-,rr"nt". r"ferred to a PBS report that the projected increase to a new vehicle would fì3,000 to the cost of the vehicle which he equated fo a 6Vo tax increase.

I)efraflment ResrronscThe comnenter did not submit speoific documentation on the PBS report he refetred ro in hiscomütents. 'I'he commenter prot id"d a copy of a January 11, 2011 Vy'ashington Times arlicle byJohn Nichols entitled: "NICH)LS: Californía dreatning or nightmare?" The arliclenrentions "irulustry experls say lhe regultttions will add 83000 to lhe up-fronl cost of llteavcra4c (ar or truck".

As such, it is dilficult fol the l)epartment to address their cost analysis ofthe Low Emission

Vehicle Program.

An internet search for the PBS report did, however, suggest that a repofi as presented by l)lìS in2005 (see pBS NEWSHOUR - "òlearing the Air'" ttanscript dated March 28,20,05. Retrievedfrom Èfifr://w\4 ^'.Þbs.ore/ne ) refers to a .rgg"tt"d price increase provided by Congressman John Dingell (D-Ml) in response tocali-fo.nia;s proposed adôption of GI'IG stan<lards. The GIJG motor vehicle standards havebeen adopteá anã horrronire<1 with the federal standards - see USEPA Trauspoflalion &
EPA/\IHTSA Firal 

u

e

a

g 

Greenhouse Gas Emissions andCorporate Average Iruel l3conomy Slandards (see Chapter 5 - htlp:i/www.e!!L-qoviotaq/climate/docurncnts/420r12016.pg1f ). Iu both analyses the [fuel] cosl

savings greatly outweigh the program costs.

lV. GlobaÌ Automakers

Commcnt 14Gtobot Auto*oknrs supports harmonízed nalional prrtgrams for improvìng fuel economy and

reducing greenhort, gàtut (GIIG) and criterîa pollulant emissions' "' In light of the

har-oniration between EPA's and Catifornia 

"; 

programs for MY20l2-2025 GIfG standards, as

well as the upcoming crileria pollutanl harmonization between the LEV III and Tier 3 programs, we

believe it is nol necessary for Delaware to adopt lhe proposed regulations '

Dcpartment Resrronseu"d". th" cL"r Air.A"t, f)elaware has the option of the federal vehicle emissions standards or

those standards established by California. The DAQ agrees that the proposed amendments to 7

DE Admin. code I 140 are very similar to the Tier 3 requirements proposed by the EPA

however, the Federal Tier 3 program has not been finalized'Furlhermore, iffinalized the Federal Tier'3 requiremerts are not expected to go into effect untilmodel yeat 2017 . The Delaware LEV III progmm will go into effect with model year 2015,

providing two additional years ofcredit that Delaware can rely on in meeting air quality

standards.

Comment 15CtoUA e,rto-uLers recomnr.ends a minor edit, the addition of the letter "i", to the following text, asshown in red, underlined and bolded text:

No person. including o man4f(lclurer or clealer, shall deliver.for sdle or leqseL o-f|þr fo!-sale or

leaie. sell or Inose, ìrrrrorl, ocquirt, ,n"uirn, ,ur"hotn o, ,'t,t a 'n* vehicle thal is o 2014 o' ,Ãrnouurt ^orlnlaear passeiqer car, light-clutv ltuck or medium-dutv vehicle in Delav'are unless

-he vjehîcle is California-certíled and connlic.ç u,ilh the .follov,ing criteria the followinq outtchmenl

Dcfiartmcnt ResrronseTt* D"p".t-.rt tr tu "gt'eement and recollnends this typographical error be corrected.
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, receivc, or register a new model year 2014 orsubsequenl model-year pass"ng". "u., tight-duty ttuck, ot rnediurn-duty vehicle wtthìn Delaware unless the vehicle has been cerlified by GARB and has received a CARB

Executive Order.Scction 3.0 Dcfinitions

"Medium-duty passenger vehicle" means medittm-duty vehicle as defi¡ed at Title 13, CCR,

Section 1900.

Section 5.0 NMOG fleet averasc

No person, including a manufacturer or dealer, shall deliver for saìe or lease, offer for sale or

lease, sell or lease, imporl, acquire, receive, purchase or rent a new vehicle that is a 2014 orsubsequent model-year passenger car', light-duty truck or medium-duly vehicle inDelaware

unless the vehicle s califomia-certified and complies with the following criteria:Secúion 6.06.1.2 Effective for the 2015 and subsequent model-years, each manufacturer shall comply

with the fleet average NMOG + NOx emission requirements and the LEVIII phase-inrequirements for passenger cars, light-dufy trucks and medium-duty vehicles, and may earnand bank NMOG + NOx credits as applicable, all in accordance with Title 13, CCR, Section

t96t.2.

f)eÞartment RcsDonseThe Departn ent appreiiates tlìe conìments noted by the Auto Alliance. 'l'he Department did

not intend to exempr Medium-Duty Vehicles from complying with the |egulation- Section

L2 of 7 DE Adrnin code 1140 should have included medium-duty vehicles. 'rhe

Departmerf will also correct a typographical error noted in Section 5 0'
g 

p

g

pp

y 

vehiclcs tliat ãre passenger cars, light-du1y trucks, a*d medium-du1y passenger vehicles,

and medium-duty vehiclcs subj ect to the California LEV prograrn and delivered for sale in

Delaware.

. Section 5.1 should now read as follows:

5.1 No person, including a manufacturer or dealer, shall deliver l'or sale or lease, offer

for sale or lease, sell or lease, import, acquire, receive, purchase or rent a new vehicle that is

a2014 or subsequenl model-year passenger cat, lighrduty lruck' rng[g¡q1þfa¡¡ge4gq

vchiclc. or medium-duty vehicle in Delaware unless the vehicle !s California-ceftified and

complies with the following criteria:

AtlachmentsPC Ali Mirzakhalili

Ilonald A. Arnirikian

Valerie A. Gray

Dover file

State of Delaware:

County of Kent:Before me, a Notary Publìc, for the County and State aforesaid, Edward Dulin, known

to me to be such, who being sworn according to law deposes and says that he is

President of lndependent Newsmedia lnc. USA, the publisher of the Delaware StateNews, a daily newspaper pubÌished at Dover, County of Kent, and State of Delaware,

and that the notice, a copy 9{whìch ís he¡eto attached, as publìshed in the Delaware

State News in its rssue of

Presidentlndependent Newsmedia lnc. USA

( Q-t-t

Sworn to and subscribed before ¡ne this I ô L4 )

ao åo /3
DNREC - Divisbn of A,r Quatity

PUBLIC HEARTTVG Í{OIICE

þü1,"-*i,rym irffi ifiþll+t¡:,.,p,,3$,å:, po^lut¡on Hîllt^",r._ _*ç an¿'åimãiä

ff #',:1-:äï,Ä 

j"Ëffi 

*¡iÁ'Ë;i å?å:,#f-j';-itri;fl þä"tr åfi,"T?Y|å",{, p*pË'í¿ilñä*åir3'ff?,..Jr.ff[:

HE+RÏ{Gleta¡¡s

""lr..l- i*-,") rrïiÊ¿ r1rarr,ns ar 6 :00 pm * - *' tt 

ffi":¡åird 

ns Aud¡rorium

#l=,ër,ü1?lia3].,illfltly*g DAQ resurar,,ry ws6 5¡.

ii!.iiå"ii!,#giT",-,¿."rfl this pub/ic hearfi]preaæ conra* Deanna ,'r¡nello at :o2tzià"-äüi

[:iruff;,"ffi
o

g 

P.O. Box 15505

Wilminglcn, DE I9850

l3o2l324-25ú

(8001 235-9100

Fox Numbers:

Accounling: 324'2554Circulotion: 324-2945

clossified: 324'551IItrnat R€¡curçs : TÁ'25/8

lnfo S¡'rlems: 324'29 ó9

Morketíng: 324'2557

News: 324'5509Retoil: 324'5518

¿)enmmr

State of Delaware

Personally appeared before me this 19th day of August, 2013'

l, Kristin Segner, of The News Journal Company, a daily newspaper printed and published

in the County of New Castle County, State of Delaware, who, being duly sworn states that

the advertisement ofwas published in The News Journal on Auqust 18, 2Q13

Leeal Coordinator

Title

19th day of August, 2013

^".W,il;i:;i*z =r^3,+ u'l'Ðot'-

=- 3: EXPIRFSoIJ t *== l- ò io.tooo' 15. 20ìóì ? =

Q1:o,ooroùs),ç ?rl,bir';.i¡sl""S '"'///li¡rrir,tt\\t'

Name
For,addiùonat intormdt,on o¡ h;s Dubtic trear;ns, pIeâse conÉcr uêanna oùccinello ãr302-7!t9-p,an2 

- 8/1 l¡Jts ts THE ot¡Ly TIME THIS OTTCE tyfl-L appEAR

¡

¡

p

pose ãefour ¡ã¿lin con cùns ano rncroase the iiìcidenLe o, cdrdio.Þ"hIUr'ary orscas6s. aslhma. "nd c¿ncer, "\¡Þ.rdt¡v fôi sonsilivå gror,ps or.peopte rnctudjnq chrto¡ên. otdár âdurts, aad peopte wrth hêarl or tung d¡seases.

signii¡c¿nr pfogress has beerì nrade in ãfr. ar pollulion in Dctaw¿ro, co¡tinued redu¿rions

_po ur¿nr omrssrons aro ñeed6d to ensù¡e ån¿ ma¡larn tederaJ amþrent arf qu¿hlv sta¡dà,ds signiii. rn cìHo omissionÉ ¿rc needed lo-Ðd. s-fess,th€ gfowrng lhrre.åt ot crimdlo crr¿ngo rn Detâware. rn ¿dd'l,on to reducing air polution.-rhe Droposed amenomonts are deugned oeurgneo too pfosetue coDsumer cnor.e.wñr,a €nsurinq r¡F devo¡opñent ol â tutt¡:¡nge of onvrronmê 1alty supe.iof cd¡5 hom conÞåct cai$ to sporrs utr,rty vehicros åñd pickup trucks. rhose vehictos wll uonlrnuê lo del;vor the perfo.nance ulirity, anû saje

'y co¡sumers nava como ro o¡poct ¿to, q di¡r, saviaSs ,.orìl, reduced tJet costs. givon hrgne, ,niieaoe roqu,rã- Inenrs ¿nd onhancod wafrantiês

TheDLrposa or lhê!ubji. re¿r,ng is to prese rhe dråft ¿Íìondments ro 7 DE code r t¿¡ dnd lo qath€r com- menls and lost¡mony ffom the Þubtic.

tjEARtNG Dela s Kenl Côiiôtu

[4onday, Seplember 23. Z0ji'sta¡trno är 6:on ¡m DNFIFC

Bichardson & BoÞÞrns Buitdrno AuditÔrn,ñ

89 Kings HighwayDovor. DE

,d¡atl, eguiåtion w,Jt bo avåit¿Ute o" rne fo owing r,69utàtory web sitei //ww dn¡ êc. oetawa¡e. gov/d, r/pà9es/1 1 4 0LEV. aspx