DNREC Finalizes Clean Car Regulations

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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.

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. For more information, visit the website and connect with @DelawareDNREC on Facebook, Instagram, X (formerly known as Twitter) or LinkedIn.

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

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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.

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. 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


Limited Open Burning of Brush, Branches and Limbs Allowed in Delaware Until May 1

During Delaware’s open burning ban from May 1 to Sept. 30 (also known as the Ozone Season) all outdoors burning is prohibited, with the exception of cooking fires, recreational campfires and ceremonial bonfires using firewood. /DNREC photo

 

State’s Open Burning Ban – Also Known as the Ozone Season – Begins May 1 and Runs Through Sept. 30

The Delaware Department of Natural Resources and Environmental Control reminds the public open burning of materials such as tree limbs, brush and branches is allowed until May 1 – when the state’s annual open burning ban takes effect and continues through Sept. 30. It is always against the law to burn leaves, grass, trash, garbage, and refuse including, tires, construction waste, paper, cardboard, plastic, furniture, fabric, and mattresses.

“While residential open burning of some yard waste is allowed until the end of April, there are restrictions on what can be burned, how much can be burned at a time, and at what time of day these materials can be burned,” said DNREC Division of Community Affairs Director Matt Ritter. “As we approach Earth Day, we also ask Delawareans to consider alternatives to burning for the continuing improvement of our state’s air quality.”

Residential open burning of cut or fallen limbs, dead branches, or shrubbery is allowed from Oct. 1 to April 30. A maximum of 27 cubic feet of yard waste may be burned at one time. However, more material may be added to the fire as it burns down. Burning must take place between the hours of 8 a.m. and 4 p.m. Burning trash or garbage, construction and other debris, old tires, grass clippings and leaves is illegal at all times in Delaware. Fires must be monitored until they are completely extinguished.

The annual open burning ban – also known as the Ozone Season – begins May 1 and extends through Sept 30. The ban restricts outdoor burning to allow only cooking fires, recreational campfires and ceremonial bonfires using firewood during this period. These fires are permitted year-round. Citations issued by Delaware Natural Resources Police Environmental Crimes Unit for all other open burning during this time are punishable by fines to include court costs upon conviction.

DNREC offers the following open burning guidelines:

  • Pile materials you plan to burn as far as practical from all homes and other structures, including your neighbors.
  • Be considerate of those around you in choosing when and where to burn.
  • Keep a garden hose or full water buckets ready in case you need to reduce or put out the fire.

Or, consider alternatives to burning, such as:

  • Use curbside or drop-off yard waste sites. Further information may be found at de.gov/yardwaste.
  • Chip or shred limbs and branches to convert them into useful mulch.
  • Add yard waste to a compost pile to support a rich backyard garden. More information is available at de.gov/composting.

More information about open burning can be found at de.gov/openburning.

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 Community Affairs includes the Delaware Natural Resources Police Environmental Crimes Unit, which enforces the state’s environmental laws and regulations. For more information, visit the website and connect with @DelawareDNREC on Facebook, Instagram, Twitter or LinkedIn.

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

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DNREC is Accepting Public Comment for April 26 Hearing on Potential Adoption of Clean Car Regulations

Comments for Record May be Submitted Via Various Channels, Including Email

The Delaware Department of Natural Resources and Environmental Control is accepting public comments for the record ahead of the April 26 public hearing on the state’s potential adoption of Advanced Clean Car II (ACC II) regulations. The proposed regulations include requirements for automobile manufacturers to deliver an increasing percentage zero-emission vehicles (ZEV) to dealerships in Delaware, providing more choices to those who want to buy a new battery-electric, plug-in hybrid electric or fuel cell electric car.

The proposed amendments are available in the Delaware Register of Regulations.

All public comments made directly to DNREC – whether received verbally at the public hearing or in writing before or after the hearing – will be entered into the public record and will be considered equally by the DNREC Secretary in making decisions on the proposed regulation. It is not necessary to submit comments elsewhere – and only comments made to DNREC and entered into the public record will be considered by the Department as part of the rulemaking decision process.

Comments about the state’s potential adoption of the ACC II regulations will be accepted through May 26 in written form via email to DNRECHearingComments@delaware.gov, or by using the online form at de.gov/dnreccomments, or by U.S. mail to Theresa Newman, Hearing Officer, c/o DNREC Office of the Secretary, 89 Kings Highway, Dover, DE 19901.

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. For more information, visit the website and connect with @DelawareDNREC on Facebook, Instagram, Twitter or LinkedIn.

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

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Public Meetings Planned This Month on Delaware EV Infrastructure, Clean Transportation Initiatives

The Delaware Department of Natural Resources and Environmental Control and Department of Transportation will hold a series of public meetings this month on electric vehicle infrastructure and clean transportation initiatives.

 

To be Highlighted by DNREC, DelDOT Between Nov. 14 and 17

Delawareans can learn more about two key strategies – electric vehicle infrastructure and clean car regulations – the state is pursuing to reduce transportation-related emissions at virtual public meetings between Nov. 14 and 17 to be held jointly by the Department of Natural Resources and Environmental Control (DNREC) and the Delaware Department of Transportation (DelDOT).

Transportation is a leading cause of smog forming air pollutants in Delaware, including nitrogen oxides. It is also the leading contributor of carbon dioxide and other greenhouse gas emissions which cause climate change. Delaware’s Climate Action Plan outlines several strategies the state can use to reduce those emissions, including adoption of Advanced Clean Cars vehicle requirements, transitioning to zero emission vehicles and ensuring the state has the infrastructure in place to handle the growth in numbers of electric vehicles on the road.

“Delaware is preparing for a transition to a clean transportation future,” said DNREC Secretary Shawn M. Garvin. “More choices from manufacturers, longer range and affordability are making it easier for consumers to switch to cleaner vehicles, including electric vehicles. DelDOT and DNREC are moving forward together with parallel efforts to assure a smooth transition.”

Those parallel efforts include developing an Electric Vehicle Infrastructure Plan for the state and adopting California’s Advanced Clean Cars II Program.

Delaware’s Electric Vehicle Infrastructure Plan
Information on the state’s Electric Vehicle Infrastructure Plan will be presented at two one-hour-long sessions Nov. 14 at 5 p.m. and again at 6 p.m. The sessions are the same as those held by the two state agencies on Oct. 24, repeated this month as opportunity for anyone who missed the previous sessions. Topics to be covered are the plan’s purpose, current electric vehicle infrastructure, and how future EV infrastructure locations could be prioritized. Participants also can have their questions about EV infrastructure answered by state experts and provide feedback for the next phase of the planning process.

Visit DelDOT’s website to learn more about the Electric Vehicle Infrastructure Plan, explore information in the virtual meeting room, or to get meeting login information.

Delaware’s adoption of California’s Advanced Clean Cars II Program
DNREC’s Division of Air Quality will also host a virtual workshop on amending 7 DE Admin. Code 1140 to update the adoption of California’s Advanced Clean Car II low-emission vehicle and greenhouse gas standards and add requirements for zero emission vehicles (ZEVs) for model year 2027 and beyond. In March, Gov. John Carney directed DNREC to begin the process for adoption of the Advanced Clean Car II amendments, which include the ZEV standards. The workshop will be held on the dates and times as follow:

For more information about the adoption of California’s Advanced Clean Car II regulations, visit DNREC’s Division of Air Quality webpage.

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 Climate, Coastal and Energy uses science, education, policy development and incentives to address Delaware’s climate, energy and coastal challenges. For more information, visit the website and connect with @DelawareDNREC on Facebook, Instagram, Twitter or LinkedIn.

Media Contacts: Jim Lee, JamesW.Lee@delaware.gov; Michael Globetti, michael.globetti@delaware.gov