Regulations and Plans Under Development

The DNREC Division of Air Quality is committed to openness and transparency as it updates and amends state Air Quality Regulations and related state implementation plans. This page provides information on items under development.

Learn more about the DNREC regulatory development process and find useful tools to participate.

Amendments to Delaware’s Low Emission Vehicle Program

The Division of Air Quality is amending regulation 7 DE Admin. Code 1140 – Delaware’s Low Emission Vehicle Program.

The purpose of this action is to amend 7 DE Admin. Code 1140, to update the adoption by reference of California’s Advance Clean Car II (ACC II) low emission vehicle and greenhouse gas standards and add the requirements for zero emitting vehicles for model year 2026 and beyond.

The ACC II regulations will reduce criteria and greenhouse gas emissions from new light- and medium-duty vehicles beyond the 2025 model year as well as add the new requirements for zero emission vehicles.

These standards were adopted in 2010 and went into effect for model year 2014, and since the original adoption California has made changes necessary for automobile manufactures to comply.

Section 177 of the Clean Air Act requires that Delaware standards must be “identical to the California standards.”

This regulatory amendment process started with DNREC Start Action Notice 2022-01.

Following a public hearing on April 26, 2023, and a public comment period, The DNREC Secretary 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%. 

Secretary’s Order No. 2023-A-0028 — Approving Final Regulations to Amend 7 DE Admin. Code 1140 – Delaware’s Low-Emission Vehicle Program (Effective Date: Dec. 11, 2023)

Hearing Officer’s Report
– Appendix A: revised Proposed Reg. Amendments
– Appendix B: Technical Response Memorandum (Sept. 15, 2023)
– Appendix C: Proposed Reg. Amendments