Notice of Draft Emission Banking and Trading Program Audit

Division of Air Quality

Published: July 17, 2022
Comments Due: Aug. 17, 2022

The Department of Natural Resources and Environmental Control (DNREC), Division of Air Quality (AQ) is providing the public an opportunity to inspect and comment on the Draft “Delaware Regulation 1134, Emission Banking and Trading Program, Emission Reduction Credit Audit”. The audit is required by Delaware’s regulation 7 DE Admin. Code 1134, Emission Banking and Trading Program (Regulation 1134) Section 14.0.

Ground-level ozone, one of the principal components of “smog,” is an air pollutant that harms human health and the environment. The Clean Air Act (CAA) requires new emission sources in non-attainment areas for Ozone to offset Volatile Organic Compound (VOC) and Nitrogen Oxides (NOx) emissions, which are Ozone precursors, depending on the non-attainment level for the area. The purpose for requiring offsetting emissions decreases is to allow an area to move towards attainment of the Ozone NAAQS while still allowing for industrial growth. 

This can be accomplished through the implementation of an emission banking and trading program, which provides incentives to make progress toward attainment of air quality standards. The 1990 CAA allows for the use of market-based approaches, including emission trading, to assist in attaining and maintaining the NAAQS, for all criteria pollutants. Emissions trading programs have two key components: a limit (or cap) on pollution, and tradable allowances equal to the limit that authorize allowance holders to emit a specific quantity (e.g., one ton) of the pollutant. Regulation 1134 was developed to establish a voluntary emission banking and trading program.

More information regarding Delaware’s Emission Banking and Trading Program can be found on the State of Delaware’s website

The draft audit may be reviewed upon request. The draft audit is posted at For additional information or for information on how you can inspect the draft audit, please contact Carolyn Cook at (302) 739-9402.

The Department will accept public comment through the close of business on Wednesday, August 17, 2022. Comments will be accepted in written form via email to or by U.S. mail to the following address:

Attn: Airshed Planning and Inventory Group Program Manager
DNREC – Air Quality
100 W. Water Street, Suite 6A, Dover, DE 19904