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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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The Delaware Department of Natural Resources and Environmental Control has issued two state authorizations to the Diamond State Port Corporation (DSPC) toward its redevelopment of the former Chemours Edgemoor industrial site as a shipping container facility. DNREC Secretary Shawn M. Garvin signed an order today approving a subaqueous lands permit, and a federal consistency certification.

The plant site, located at 4600 Hay Road, Edgemoor, was sold by Chemours to the DSPC in 2017. The plant was demolished by Chemours prior to the sale, and all applicable DNREC permits were transferred to the DSPC.

DNREC held a public hearing Sept. 29, 2020, to assure both efficiency and transparency, and to ensure the public was afforded opportunity to provide meaningful comment on the proposed project. More than 50 members attended the virtual hearing and DNREC acknowledged the high interest in the project by extending the public comment period through Dec. 1, 2020. DNREC received nearly 200 public comments.

The subaqueous lands permit issued today by the DNREC Division of Water authorizes DSPC to build a 112-foot wide by 2,600-foot long wharf, dredge the berth and access channel to a depth of 45 feet below mean low water, and install 3,200 feet of bulkhead along the shoreline.

The second authorization, a federal consistency certification required from the DNREC Division of Climate, Coastal and Energy, concurs that the activities associated with the proposed project complies with the enforceable policies of the DNREC Coastal Management Program.

Both DNREC authorizations require compensatory mitigation, including to offset the filling of some subaqueous lands belonging to the state as part of the construction of the proposed container port. The mitigation required includes:

• Constructing over an acre of intertidal wetland habitat along the Delaware River
• Funding an Environmental DNA Fisheries Monitoring Program for the state
• Creating new public access at Fox Point State Park to the natural resources of the Delaware River

The DNREC Secretary’s Order entailing approval of both applications concludes that the DSPC has adequately demonstrated compliance with all requirements of the statutes and regulations, has submitted the requisite Compensatory Mitigation Plan required for the filling of 5.5 acres of subaqueous lands of the state of Delaware related to the proposed construction associated with this project, and is continuing to work with the Department to assure that all commitments and ongoing compliance requirements are met.

The Department has concluded that the permit and certifications issued today are appropriately conditioned to ensure continued protection of public health and the environment.

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 Climate, Coastal and Energy uses science, education, policy development and incentives to address Delaware’s climate, energy and coastal challenges. The DNREC Division of Water manages and protects Delaware’s water resources. For more information, visit the website and connect with @DelawareDNREC on Facebook, Twitter or LinkedIn.

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

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DOVER – Delaware Department of Natural Resources and Environmental Control Secretary Shawn M. Garvin has issued a Notice of Administrative Penalty Assessment and DNREC Secretary’s Order to EcoServices, LLC, and a company foreman, Derrick Maxwell, for violating Delaware’s Emission Standards for Hazardous Air Pollutants. Both EcoServices, LLC, and Derrick Maxwell were each assessed a penalty of $20,000 by DNREC, and ordered to pay $12,948 in recovery costs for the Department’s services and subsequent investigation.

EcoServices, LLC, a licensed environmental contractor based in Exton, Pa., and the company’s worksite foreman Maxwell were found to be in violation of state emission standards for hazardous air pollutants when EcoServices, LLC performed asbestos abatement services earlier this year at the former General Motors plant at Boxwood in New Castle County.

The two violations by EcoServices, LLC and Derrick Maxwell cited in the Secretary’s Order occurred on Feb. 25 and March 8, 2019. Each violation was assessed a $10,000 penalty by DNREC. The Order, which can be found on the DNREC website at https://dnrec.alpha.delaware.gov/secretarys-orders/enforcement/, provides more information about EcoServices, LLC’s hazardous air pollutant violations at the former Boxwood GM plant.
Respondents have 30 days to appeal the Secretary’s Order by requesting a public hearing.

Vol. 49, No. 214

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

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DOVER – Department of Natural Resources and Environmental Control Secretary Shawn M. Garvin has issued a DNREC Notice of Administrative Penalty and Secretary’s Order to Diamond State Generation Partners, LLC (Bloom Energy) for violations of Delaware’s air quality regulations. Diamond State Generation Partners has paid a penalty of $40,000 along with $5,454 in cost recovery to the Department.

Diamond State Generation Partners, LLC/Bloom Energy owns and operates a fuel cell facility in New Castle, Del., commonly identified as the “Red Lion” facility. The DNREC Administrative Penalty covers air quality violations at the company’s Red Lion facility that occurred from June 16 through July 19, 2019.

The Secretary’s Order can be found on the DNREC website at https://dnrec.alpha.delaware.gov/secretarys-orders/enforcement/.

Vol. 49, No. 207

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902

DOVER – The Delaware Department of Natural Resources and Environmental Control (DNREC) and Croda, Inc. have entered into a settlement agreement that resolves environmental violations arising from the Nov. 25, 2018 ethylene oxide release (EO) at Croda’s Atlas Point facility.

Croda, Inc.’s facility located at 315 Cherry Lane, New Castle, Del., manufactures surfactants that promote mixing of oil- and water-based ingredients in consumer products such as pharmaceuticals and shaving cream. At 4:23 p.m. on Sunday, Nov. 25, the EO release by Croda was responsible for a seven-hour shutdown of the Delaware Memorial Bridge while emergency responders – including DNREC’s Emergency Prevention and Response Section and Environmental Crimes Unit – worked throughout the area to ensure that there was no threat to public health and safety.

Croda’s subsequent investigation found that the release was due to the failure of a gasket made of unsuitable material for processing EO at the plant. The accidental release resulted in 2,688 pounds of the highly flammable EO gas escaping into the environment. A water deluge system, deployed by Croda to minimize the risk of ignition or explosion of the EO that was released, caused almost 700,000 gallons of deluge water to overflow a spill sump and to discharge into the ground and a wooded area behind the sump.

The settlement agreement includes a DNREC Secretary’s Order issued on March 4, 2019, citing Croda for Division of Air Quality violations for the EO release and for the improper maintenance and operation of the Atlas Point facility. The Division of Water cited Croda for the unpermitted release of deluge water in violation of its NPDES (National Pollutant Discharge Elimination System) permit. The settlement agreement also directs Croda to pursue a plan of sampling and remediation, pursuant to HSCA (the Delaware Hazardous Substance Cleanup Act), administered by the Division of Waste and Hazardous Substances’ Site Investigation and Restoration Section (SIRS).

Through the settlement agreement, DNREC Secretary Shawn M. Garvin issued a Notice of Penalty Assessment and Order to Croda, Inc., for the violations of Delaware air quality regulations and the company’s NPDES permit. The Secretary’s Order assesses a penalty of $246,739 to Croda, which includes $16,489 for DNREC cost recovery from responding to and investigating the incident.

In the settlement with the State of Delaware and DNREC, Croda, Inc. also has agreed to resolve all violations arising from the operation of Croda’s new EO plant as permitted by DNREC, both prior to and including the Nov. 25 incident. The settlement agreement also calls for DNREC and Croda to define further Croda’s environmental obligations for the Atlas Point facility. With Croda having accepted those obligations set forth by DNREC and agreed to necessary remedial actions required by the Department for public health and safety, the settlement with DNREC provides a path forward to resume production of ethylene oxide at the Atlas Point facility upon final approval from DNREC.

The settlement agreement and Secretary’s Order can be found on the DNREC website at https://dnrec.alpha.delaware.gov/secretarys-orders/.
A DNREC Q&A about the Nov. 25 incident and the Department’s investigation into it can be found at https://dnrec.alpha.delaware.gov/croda-questions-answers/.

Media contact: Michael Globetti, DNREC Public Affairs, 302-739-9902.

Vol. 49, No. 65

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