DNREC Finalizes Clean Car Regulations

Delaware Sets Course for 82% Zero-Emission Vehicles by 2032

The Department of Natural Resources and Environmental Control has finalized regulations to adopt the Advanced Clean Car II (ACC II) program, which aims to reduce pollution from light- and medium-duty vehicles, but will cap the zero emission vehicle requirement at 82%. In doing so, Delaware is taking a significant step to improve air quality and address climate change.

The regulations require automakers to deliver an increasing amount of zero-emission vehicles (ZEVs) for sale in Delaware. Zero-emission options, including battery-electric, plug-in hybrid electric, and fuel cell electric vehicles, will be more accessible across the state. Under the finalized regulation, starting with model year 2027, 43% of new cars and trucks sent to Delaware for sale will be ZEVs. The percentage will increase to 82% in 2032. The regulations will expire in model year 2033. This is similar to regulations in some other states. The changes will be phased in over the five-year period and the regulations do not prohibit the sale or use of internal combustion engine vehicles.

The decision was announced by a DNREC Secretary’s Order and is set for publication in the Delaware Register of Regulations on Dec. 1, 2023. It was informed by state law, the federal Clean Air Act, information included in the technical response memo and comments received from the public during the rule-making process.

“By adopting the revised regulation, DNREC aims to protect public health, reduce emissions, and align with Delaware’s climate goals – all while providing consumers with cleaner and more sustainable transportation options,” said DNREC Secretary Shawn M. Garvin. “This decision will result in cleaner air in Delaware and strengthen protections for communities overburdened by exposure to tailpipe pollution.”

The Delaware ACC II program as originally proposed provided targets for yearly sales of ZEVs reaching 100% by 2035. Extending the requirement only through 2032, rather than 2035, will still help Delaware reduce emissions and support a thriving market for clean cars. It will also address concerns raised in the public comments the Department received.

Pollution from transportation is a leading contributor to Delaware’s greenhouse gas emissions. Gas and diesel vehicles are also significant sources of nitrogen oxides. These pollutants adversely affect public health and interact with sunlight to form harmful ground-level ozone pollution. The regulations will reduce these forms of pollution and contribute to the improved health of underserved communities that are more likely to be near busy roadways.

Increasing the number of ZEVs on Delaware roads, along with building out the state’s electric vehicle charging network, are key strategies outlined in Delaware’s Climate Action Plan.

Through the Inflation Reduction Act, there are federal tax credits and rebates available for ZEV purchases. DNREC currently offers a rebate up to $2,500 to support the purchase of a new electric vehicle, which can be added to the federal tax credits. Also, lower-cost models are increasingly available. A regularly updated list provides car shoppers a quick reference to the vehicles eligible for the rebate.

Additionally, Delaware is actively working to expand its ZEV charging infrastructure to meet the increased demand for charging from more electric vehicles on the road, including stations located along major highways and in nearer proximity to rural and underserved areas.

DNREC will evaluate progress by using tracking tools to conduct annual reviews of the program. These annual reviews will confirm the delivery of zero-emitting vehicles to Delaware and indicate that advancements in technology, supply chains, affordability and battery performance are occurring in the automotive industry as anticipated.

Media Contacts: Nikki Lavoie, nikki.lavoie@delaware.gov; Michael Globetti, michael.globetti@delaware.gov

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DNREC to Issue New Permits for Expansion of Bioenergy Devco’s Seaford Facility, Including Biogas Production

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The Delaware Department of Natural Resources and Environmental Control announced today that DNREC Secretary Shawn M. Garvin has approved permits associated with the expansion of Bioenergy Devco, LLC’s Seaford facility – an expansion which will enable the company to produce biogas at the company’s organic waste composting operation at the site. A DNREC Secretary’s Order issued today authorizes Bioenergy Devco (BDC) to construct an anaerobic digestion system, a wastewater pre-treatment system and a biogas upgrading plant. BDC currently accepts organic waste from poultry industry sources for composting.

The DNREC Secretary’s Order approves five new permits for BDC, including:

A Resource Recovery Permit from the DNREC Division of Waste and Hazardous Substances;
Two 7 DE Admin. Code 1102 Natural Minor air quality permits from the DNREC Division of Air Quality; and
Two wastewater facility construction permits from the DNREC Division of Water.

The permits are published at the DNREC website at de.gov/biodevco. The permitting process for BDC’s biogas production “included a significant amount of outreach to and from the community,” Secretary Garvin said in the DNREC order. “The permits being issued to BDC are reflective of the applications submitted to DNREC, the comments provided by the public on this matter during the public comment period and the Oct. 26, 2022 public hearing, as well as being consistent with our mission to protect human health and the environment.”

Once the permits are issued by the impacted DNREC divisions, BDC will be authorized by the State of Delaware to initiate the construction phase of the Seaford facility’s expansion. When construction has been completed and certified by DNREC, BDC will begin operating the anaerobic digester in addition to the existing composting facility. The anaerobic digester will produce cleaner gas and digestate. Composting operations at BDC’s Seaford facility have continued throughout the permitting process.

Once BDC’s expanded Seaford operations reaches full capacity, it will process an expected 250,000 tons of organic wastes from the poultry industry annually into stable compost which can be used regionally to replace chemical fertilizers – along with the biogas – renewable natural gas – to be produced and injected into Chesapeake Utilities’ pipelines for use by the utility’s Sussex County customers. BDC’s processing of poultry waste is expected to lessen the nutrient burden on local watersheds, helping to reduce pollution and nutrient runoff within Delaware and the Chesapeake Bay.

About DNREC
The Delaware Department of Natural Resources and Environmental Control protects and manages the state’s natural resources, protects public health, provides outdoor recreational opportunities, and educates Delawareans about the environment. The DNREC Division of Air Quality monitors and regulates all emissions to the air. The DNREC Division of Water manages and protects Delaware’s water resources. The DNREC Division of Waste and Hazardous Substances ensures Delaware’s wastes are managed to protect human life, health, safety and the environment. For more information, visit the website and connect with @DelawareDNREC on Facebook, Instagram, Twitter or LinkedIn.

Media Contacts: Nikki Lavoie, nikki.lavoie@delaware.gov; Michael Globetti, michael.globetti@delaware.gov

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DNREC Issues Temporary Emergency Variance for Air Quality to Perdue Foods’ Milford Processing Plant

The Delaware Department of Natural Resources and Environmental Control has issued a temporary emergency variance for air quality to allow for the construction and operation of a rental boiler at Perdue Foods, LLC’s Milford poultry processing facility until a temporary permit can be issued following a public notice to appear Sunday, Sept. 3.

On Sunday, Aug. 27, plant managers at Perdue Milford – which processes approximately 240,000 chickens daily – discovered a critical failure in one of their permitted boilers. The boiler remains inoperable at this time.

The DNREC Division of Air Quality expects to issue a temporary air permit for the rental boiler early next week. The permit will allow the rental boiler to operate for up to 90 days. The variance incorporates requirements for Perdue Foods, LLC to develop a boiler maintenance plan for the Milford poultry processing plant, including a plan for long-term facility maintenance, and requires the facility to solidify a commitment to continuous compliance with Delaware’s environmental regulations.

Media Contacts: Michael Globetti, michael.globetti@delaware.gov ; Nikki Lavoie, nikki.lavoie@delaware.gov

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Motor Vehicle Inspection & Maintenance Changes to Take Effect August 14, 2023

Effective Monday, August 14, 2023, motorists can expect inspection and maintenance changes that will impact the registration of their vehicles, especially in Sussex County.

On January 11, 2023, the Delaware Department of Natural Resources and Environmental Control (DNREC) revised the Motor Vehicle Inspection and Maintenance regulations in Delaware in an attempt to reduce emissions and improve air quality.

The amendments to Regulation 1126 and Regulation 1131 include:

OBD-II* testing for vehicles model year 1996 to 2007 with a MGVWR** up to, 8,500 lbs. in all three counties including Sussex County.
OBD-II testing for vehicles model year 2008 and newer with a MGVWR up to 14,000 lbs. in all three counties including Sussex County.
Vehicles model year 1995 and older will require a curb idle and gas cap test in all three counties including Sussex County.
Stricter penalties for removing or modifying the emission control system in a vehicle in all three counties.

Currently, there are more than one million vehicles registered in the State of Delaware, with 323,576 vehicles registered in Sussex County. Residents, especially in Sussex County, are urged to give themselves extra time for registration renewal, particularly if they believe their vehicle will need repair under the new regulations. Motorists can renew their registration up to 90 days prior to its expiration.

For more information about the changes, CLICK HERE or visit dmv.de.gov.

*OBD-II (On-Board Diagnostics II) – plug inserted from a computer into a vehicle’s dashboard to download information about the performance of the vehicle’s emissions system.

*MGVWR – Manufacturer’s Gross Vehicle Weight Rating

DNREC Advises Better Air Quality is Back in Delaware

Lums Pond State Park./ DNREC photo

Public Reminded to be Vigilant During State’s ‘Ozone Season’

While the air quality has improved in Delaware, the Department of Natural Resources and Environmental Control advises residents and visitors that the state is currently amidst the ozone season. They should continue to be vigilant about poor air quality and its impacts on their health and safety every day.

Wildfires in Quebec emitted particulate matter into the atmosphere making the air unhealthy — and at times hazardous — to breathe in Delaware, triggering DNREC last week to issue back-to-back Code Red Action Days. Today’s Air Quality Index (AQI) reading shows Delaware as yellow for particulate matter signifying air quality remains a moderate concern in the state.

While the looming haze and unhealthy air of last week may have dissipated for now, DNREC monitoring for air quality continues. Because with a change in meteorological conditions and dozens of wildfires still burning throughout Canada, the poor air quality for particulate matter could return, carried down the East Coast and into Delaware by prevailing winds.

“We are forcibly coming to terms with the many faces of climate change in Delaware,” said DNREC Secretary Shawn M. Garvin. “The Code Red Action Days for particulate matter is a telltale indication of it. The Canadian wildfires dispersed particulate matter in the some of the highest amounts recorded. The smoke was carried by winds and affected air quality many hundreds of miles away. Which is why we as a country, and as global citizens, must continue to monitor, to prepare, to adapt, but also take action to address the impacts of climate change for protecting the health of people in Delaware and the planet.”

With warmer summer weather ahead and little rain in the forecast after almost a month of negligible precipitation, most of Delaware’s attention to air quality now reverts to the state’s ozone season (May 1-Sept. 30). “Bad ozone” can hover in the state and contribute to existing health conditions in sensitive groups, particularly children, older adults and people respiratory or cardiovascular problems.

The U.S. Environmental Protection Agency’s mantra for ozone is “Good up high, bad nearby” – “nearby” meaning the ground-level ozone known as the troposphere. It’s “bad” ozone” to be aware of in Delaware, the country’s lowest-lying state, where the transportation sector currently is the largest single cause of air pollution.

This kind of ozone pollution is formed from a chemical reaction in the lower atmosphere on hot, still, sunny days. DNREC Division of Air Quality has found ozone pollution levels in Delaware – comprising the air pollutants that contribute most to ozone formation, volatile organic compounds (VOCs) and nitrogen oxides (NOx) – comes from in-state sources and blow in from upwind cities and states. But ozone pollution doesn’t discriminate on where it ends up, and Delaware must always be on the alert for this unhealthy intrusion.

Today’s AQI for ozone shows levels in the 40s indicated by a green color code, meaning good air quality. DNREC advises that the public continue to check the state’s air quality report in the coming days, specifically by signing up to receive air quality alerts at de.gov/aqi and via accessing real-time data and interactive maps on current conditions at EPA’s airnow.gov.

Media Contacts: Nikki Lavoie, nikki.lavoie@delaware.gov; Michael Globetti, michael.globetti@delaware.gov