The DNREC Division of Air Quality will conduct a public hearing on proposed changes to the state’s Motor Vehicle Emissions Inspections Program (Dockets #2022-R-A-0001, 2022-R-A-0002 and 2022-R-A-0010). Public comment period closed.

The hearing will address the three components of the proposal in sequence. The hearing for Docket #2022-R-A-0001 will be first. The hearing for Docket #2022-R-A-0002 will follow after the conclusion of the first and that for Docket #2022-R-A-0010 will be third.

The proposed amendments and State Implementation Plan (SIP) may be inspected online starting Sept. 1, 2022, in the September issue of the Delaware Register of Regulations or by contacting Marvina Cephas, by phone at 302-739-9402 or by email Marvina.Cephas@delaware.gov.

Docket #2022-R-A-0001: Proposed amendments to 7 DE Admin. Code 1126 “Motor Vehicle Emissions Inspection Program,” the purpose of which is to provide a model year exemption that expands the vehicle inspection program from five to seven years to align with Delaware Code; increase the applicability of the regulation to include vehicles that weigh 8,501 up to 14,000 pounds gross vehicle weight beginning with model year 2008 for the On-Board Diagnostic (OBD) test; modify the older vehicle testing requirements to include curb idle and gas cap tests for vehicles 1995 and older; include a phased-in schedule for the increase in the cost of repairs to obtain an emission waiver in Sussex County; and include language that prevents vehicle tampering. Hearing begins at 6 p.m.

Docket #2022-R-A-0002: Proposed amendments to 7 DE Admin. Code 1131 “Low Enhanced Inspection and Maintenance Program – Kent and New Castle Counties,” the purpose of which is to provide a model year exemption that expands the vehicle inspection program from five to seven years to align with Delaware Code; increase the applicability of the regulation to include vehicles that weigh 8,501 up to 14,000 pounds gross vehicle weight beginning with model year 2008 for the On-Board Diagnostic (OBD) test; modify the older vehicle testing requirements to include curb idle and gas cap tests for vehicles 1995 and older; and include language that prevents vehicle tampering.

Hearing begins immediately following Docket #2022-R-A-0001 hearing.

Docket #2022-R-A-0010: Proposed amendments to the Delaware State Implementation Plan (SIP): “Low Enhanced Inspection and Maintenance Program; Plan for Implementation (PFI),” which is to amend Delaware’s approved State Implementation Plan to align with 40 CFR 51.  The proposed amendments establish consistent emissions testing requirements statewide as well as exempt the first seven model years of a vehicle pursuant to House Bill 246.  The Department used the EPA’s Motor Vehicle Emission Simulator (MOVES) to create the input/output files to estimate the emissions in the State Implementation Plan (SIP). The calculations demonstrate that emissions meet the Performance Standards.

Hearing begins immediately following Docket #2022-R-A-0002.

The Department will accept public comment through the close of business on Oct. 14, 2022. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, using the online form at de.gov/dnreccomments, or by U.S. mail to the address below.

Public Hearing Officer

Theresa Newman
DNREC Office of the Secretary
89 Kings Highway
Dover, DE 19901

Transcripts, Hearing Officers Reports and Secretary’s Orders

Docket #2022-R-A-0001

Public Hearing Transcript

Hearing Officer’s Report
– Appendix A: Proposed Revised Reg. Amendments

Secretary’s Order No. 2022-A-0022 — Approving Final Regulations to Amend 7 DE Admin. Code 1126 – Motor Vehicle Emissions Inspection Program (Effective Date: Jan. 11, 2023)

Docket #2022-R-A-0002

Public Hearing Transcript

Hearing Officer’s Report
– Appendix A: Proposed Revised Reg. Amendments

Secretary’s Order No. 2022-A-0023 — Approving Final Regulations to Amend 7 DE Admin. Code 1131 – Low Enhanced Inspection and Maintenance Program (Effective Date: Jan. 11, 2023)

Docket #2022-R-A-0010

Public Hearing Transcript

Hearing Offcer’s Report
– Appendix A: Proposed SIP Revision
– Appendix B: 1131 Low Enhanced Inspection and Maintenance Program; Plan for Implementation (PFI)

Secretary’s Order No. 2022-A-0024 — Approving Final Revision to Delaware’s State Implementation Plan (“SIP”): Motor Vehicle Emissions Inspection Program; Plan for Implementation (PF/) for 7 DE Admin Code 1126 and 7 DE Admin. Code 1131; formally known as Delaware’s Low Enhanced Inspection and Maintenance Program, Plan for Implementation (Effective Date: Jan. 11, 2023)

DNREC Exhibits

Exhibits for Docket #2022-R-A-0001

Exhibits for Docket #2022-R-A-0002

Exhibits for Docket #2022-R-A-0010