The Division of Air Quality will conduct a virtual public hearing (Docket #2020-R-A-0004) on the proposed new regulation: 7 DE Admin. Code 1151 “Prohibitions on Use of Certain Hydrofluorocarbons in Specific End-Uses”. Public comment period closed.

The objective of this proposed action is to regulate the use and manufacturing of hydrofluorocarbons (HFCs) through the promulgation of new regulation DE Admin. Code 1151. This proposed new regulation establishes the prohibitions and requirements for the use and manufacture of hydrofluorocarbons in the State of Delaware according to their specific end usage (including air conditioning and refrigeration equipment, aerosol propellants, and foam end-uses) and adopts specific United States Environmental Protection Agency Significant New Alternatives Policy Program prohibitions. This proposed new regulation is designed to support greenhouse gas emission reductions in the State of Delaware.

The proposed new regulation may be inspected in the Delaware Register of Regulations after April 1, 2020 at regulations.delaware.gov/services/current_issue.shtml.

For additional information on this proposed new regulation, visit dnrec.delaware.gov/air/permitting/under-development/, or contact Ajo Rabemiarisoa. 715 Grantham Lane, New Castle, DE, 19720; by phone at 302-739-9402; or by email at: ajo.rabemiarisoa@delaware.gov.

Please note that live comments will not be accepted during the virtual hearing. Written comment may be submitted to the Hearing Officer via the online comment form at: dnrec.delaware.gov/public-hearings/comment-form/, via email to: DNRECHearingComments@delaware.gov, or via USPS to the below address.

Public Hearing Officer

Lisa A. Vest
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcript, Hearing Officer’s Report and Secretary’s Order

Public Hearing Transcript

Hearing Officer’s Report

Secretary’s Order No. 2021-A-0005 — Approving Final New Regulation: 7 DE Admin. Code 1151: Prohibitions on Use of Certain Hydrofluorocarbons in Specific End-Uses (“HFC Regulations”) (Effective Date: March 11, 2021)

Related Links and Documents

Public Notice

Register of Regulations: 23 DE Reg. 841 (04/01/20)

Technical Support Document

Proposed DNREC Exhibits

Exhibit 1 — Start Action Notice #2019-08, signed on August 15, 2019 by Delaware’s Department of Natural Resources and Environmental Control Secretary Shawn Garvin.

Exhibit 2 — Delaware Governor’s Directive to the Department of Natural Resources and Environmental Control to Propose Regulations for the Use and Manufacturing of Hydrofluorocarbons in Delaware, as published on June 30, 2019.

Exhibit 3 — The House of Representatives 150th General Assembly House Concurrent Resolution No. 60, released on June 30, 2019.

Exhibit 4 — The Proposed New Regulation 7 DE Admin. Code 1151 Prohibitions on Use of Certain hydrofluorocarbons in Specific End-Uses, as published in April 1, 2020 Delaware Register of Regulations.

Exhibit 5 — The Department’s Technical Support Document for the Proposed New Regulation 7 DE Admin. Code 1151.

Exhibit 6 — The Regulatory Flexibility Analysis and Impact Statement Form for 7 DE Admin. Code 1151, as published in April 1, 2020, Delaware Register of Regulations.

Exhibit 7 — The public hearing notice for the virtual public hearing, as posted on the website for DNREC Public Hearings, dated April 7, 2020.

Exhibit 8 — The public hearing notice on the State of Delaware Public Meeting Calendar.

Exhibit 9 — The Legal Notice for the Regulatory Hearing 1151, as sent to the Delaware State News and News Journal for publication in their Sunday 29, 2020 journals.

Exhibit 10 — The affidavits and public hearing notices as they appeared in the March 29, 2020 Delaware State News and News Journal publications that advertised the public hearing.

Exhibit 11 — Review Committee Meeting materials, as presented in the September 24, 2019 meeting held face-to-face in Dover, Delaware.

Exhibit 12 — Review Committee Meeting materials, as presented in the October 8, 2019 meeting held face-to-face in New Castle, Delaware.

Exhibit 13 — Public Workshops materials, as presented during the December 9, 10, and 18, 2019 meetings held in New Castle, Sussex, and Kent County respectively.

Exhibit 14 — Governor John Carney’s State of Emergency Declaration, as signed on March 12, 2020.

Exhibit 15 — Governor John Carney’s Proclamation for Electronic Meetings, as released on March 13, 2020.

Exhibit 16 — The Department’s March 17, 2020 Press Release Announcing Virtual Hearings.

Exhibit 17 — The Department’s web page presenting DNREC Coronavirus Updates, including virtual hearings.

Exhibit 18 — The Department’s Press Release reiterating Use of Virtual Hearings, on March 20, 2020.

Exhibit 19 — Copies of all public comments received prior to the hearing

Public Comments

Comments received after the public hearing

Jennifer Kane, AHRI (5/5/20)

Institute for Governance and Sustainable Development (5/6/20)

Household & Commercial Products Association (5/7/20)

Honeywell Fluorine Products (5/8/20)

Global Forum on Advanced Climate Technologies (5/8/20)

Illinois Tools Works, Inc. (5/8/20)

Natural Resources Defense Council (5/28/20)

Polyisocyanurate Insulation Manufacturers Association (5/29/20)

American Chemistry Council Center for the Polyurethanes Industry (5/29/20)

Kim Willson, Ruggiero Willson & Associates, LLC (6/1/20)

Supplemental comments submitted by James Nutter, Esq. (w/attachments) (6/9/20)