DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

Division of Air Quality

PROPOSED

REGISTER NOTICE

SAN # 2022-01

DOCKET # 2022-R-A-0011

1140 Delaware Low Emission Vehicle Program

1. TITLE OF THE REGULATIONS:

Amendments to 7 DE Admin. Code 1140, Delaware Low Emission Vehicle Program

2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES:

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 low emission vehicle and greenhouse gas standards and add the requirements for zero emitting vehicles for model year 2027 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 initially 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."

3. POSSIBLE TERMS OF THE AGENCY ACTION:

None.

4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT:

7 Del.C. Chapter 60 Environmental Control § 6010 and

7 Del. C. Chapter 67 Motor Vehicle Emissions §6703

5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL:

The agency does not believe that other regulations will be impacted.

6. NOTICE OF PUBLIC COMMENT:

A virtual public hearing (Docket # 2022-R-A-0011) will be held on Wednesday, April 26, 2023, beginning at 6 p.m. The web link to the virtual hearing can be accessed through the DNREC Public Hearings site at https://de.gov/dnrechearings. If prompted for a passcode, please use: 693764. To access the audio-only portion of the virtual hearing, dial 1-646-931-3860 and enter the meeting ID: 963 6971 8957. Closed-captioning is available by request if made at least 7 days before the event.

Those wishing to offer verbal comments during DNREC public hearings must pre-register no later than noon of the date of the virtual hearing at https://de.gov/dnreccomments or by telephone at 302-739-9295.

The proposed amendments may be inspected online starting April 1, 2023 at Delaware Register's website - https://regulations.delaware.gov/services/current_issue.shtml or in-person, by appointment only, by contacting Kyle Krall by phone at 302-739-9402 or by email at kyle.krall@delaware.gov.

The Department will accept public comment through Thursday, May 26, 2023. Comments will be accepted in written form via email to DNRECHearingComments@delaware.gov, or by using the online form at https://de.gov/dnreccomments, or by U.S. mail to the following address:

Theresa Newman, Hearing Officer

DNREC - Office of the Secretary

89 Kings Highway, Dover, DE 19901

7. PREPARED BY: Kyle Krall

1140 Delaware Low Emission Vehicle Advanced Clean Car Program

12/11/2013

1.1 The provisions of this regulation establish in Delaware a Low Emission Vehicle (LEV) and Advanced Clean Car (ACC) program, which incorporates the requirements of the California LEV and Advance Clean Car program.

1.2 The LEV program shall apply to all new model year 2014 and subsequent model year motor vehicles that are passenger cars, light-duty trucks, medium-duty passenger vehicles, and medium-duty vehicles subject to the California LEV and ACC program and delivered for sale in Delaware.

2.1 Except as set forth in subsection 2.3 of this regulation no person shall deliver for sale, offer for sale, sell, deliver, purchase, rent, acquire, receive, or register a new model year 2014 or subsequent model-year passenger car, light-duty truck, or medium-duty vehicle within Delaware unless the vehicle has been certified by CARB and has received a CARB Executive Order.

2.2 For the purposes of this regulation, it is presumed that the equitable or legal title to any motor vehicle with an odometer reading of 7,500 miles or more has been transferred to an ultimate purchaser and that the equitable or legal title to any motor vehicle with an odometer reading of fewer than 7,500 miles has not been transferred to an ultimate purchaser.

2.3 The prohibitions contained in subsection 2.1 of this regulation shall not apply to vehicles that are:

2.3.1 Held for daily lease or rental to the general public or engaged in interstate commerce, which are registered and principally operated outside of Delaware;

2.3.2 Test vehicles and emergency vehicles;

2.3.3 Acquired by a resident of Delaware for the purposes of replacing a vehicle registered to such resident, which vehicle was damaged, or became inoperative beyond reasonable repair, or was stolen while out of Delaware; provided that such replacement vehicle is acquired outside of Delaware at the time the previously registered vehicle was either damaged or became inoperative beyond reasonable repair or was stolen;

2.3.4 Transferred by inheritance;

2.3.5 Transferred by court decree;

2.3.6 Issued a certificate of conformity pursuant to the Clean Air Act and originally registered in another state by a resident of that state who subsequently establishes residence in Delaware;

2.3.7 Sold directly from one dealer to another dealer;

2.3.8 Sold for the purpose of being wrecked or dismantled;

2.3.9 Sold exclusively for off-highway use;

2.3.10 Sold for registration outside of Delaware;

2.3.11 Military tactical vehicles; or

2.3.12 Acquired by a Delaware resident serving in the armed forces while stationed in another state.

The following words and terms, when used in this regulation or in the context of the California LEV and ACC program, shall have the following meanings unless the context clearly indicates otherwise. meanings:

“Air contaminant emission control system” means the equipment designed for installation on a motor vehicle or motor vehicle engine for the purpose of reducing the air contaminants emitted from the motor vehicle or motor vehicle engine or a system or engine modifications on a motor vehicle which causes a reduction of air contaminants emitted from the motor vehicle engine, including but not limited to exhaust control systems, fuel evaporative control systems and crankcase ventilating systems.

"ATPZEV" means advanced technology partial zero emission vehicle.

“Business” means an occupation, profession or trade; a person or partnership or corporation engaged in commerce, manufacturing, or a service; a profit-seeking enterprise or concern.

“California Air Resources Board or CARB” Board” or “CARB” means the agency or its successor established and empowered to regulate sources of air pollution in the state of California, including motor vehicles, pursuant to Section 39003, California Health & Safety Code, as amended or supplemented.

“California-certified” (vehicle) means a vehicle having a valid Executive Order stating that the vehicle meets all applicable requirements under applicable sections of Title 13, CCR and approved for sale in California by CARB.

“California low emission vehicle program” means the low emission vehicle program being implemented in the state of California, pursuant to the provisions of the Clean Air Act and the California Code of Regulations.

“CCR” means the California Code of Regulations.

“Certificate of conformity” means that document issued by California Air Resources Board, or the United States Environmental Protection Agency.

“Clean Air Act or CAA” means the Federal Clean Air Act, 42 U.S.C. §§ 7401 et seq., as amended and supplemented.

“Dealer” means any person actively engaged in the business of offering to sell, soliciting or advertising the sale, buying, transferring, leasing, selling or exchanging new motor vehicles and who has an established place of business.

“Delivered for sale” means vehicles that have received a bill of lading for sale in Delaware and are shipped, or are in the process of being shipped to a dealer in Delaware.

“Department” means the Delaware Department of Natural Resources and Environmental Control.

“Emergency vehicle” means any publicly owned vehicle operated by a peace officer in the performance of their duties, any authorized emergency vehicle used for fighting fires or responding to emergency fire calls and any publicly owned authorized emergency vehicle used by an emergency medical technician or –paramedic or any ambulance used by a private entity under contract with a public agency.

“Emission Control Label” means a paper, plastic, metal or other permanent material, welded, riveted or otherwise permanently attached to an area within the engine compartment (if any), or to the engine, in such a way that it will be visible to the average person after installation of the engine in all new vehicles certified for sale in California, in accordance with Title 13, California Code of Regulations Section 1965.

"Emission credits" means credits earned when a manufacturer's reported fleet average is less than the required fleet average.

"Emission debits" means debits earned when a manufacturer's reported fleet average exceeds the required fleet average.

“Emission standards” mean specified limitations on the discharge of air contaminants into the atmosphere.

“Environmental Performance Label” means a paper or plastic decal securely affixed by the manufacturer to a window of all passenger cars, light-duty trucks, and medium-duty passenger vehicles which disclose the global warming and smog score for the vehicle in accordance with Title 13, CCR Section 1965.

“Executive Order” means a document issued by CARB certifying that a specified test group or model year vehicle has met all applicable requirements adopted by CARB pursuant to the applicable sections of Title 13, CCR for the control of specified air contaminants from motor vehicles and is thereby certified for sale in California.

“Federal Fuel Economy and Environmental Label” means a Federal Label that is affixed by the manufacturer to a window on all 2013 and subsequent model year passenger cars, light-duty trucks, and medium-duty passenger vehicles and would deem automobile manufacturers compliant with the federal Economy and Environmental Label published in 40 CFR Parts 85, 86 and 600 as promulgated on July 6, 2011 as compliant with the California Environmental Performance Label requirements. The label must disclose the smog and global warming scores for the vehicle in accordance with Title 13, CCR Section 1965 and the "California Motor Vehicle Emission Control, Smog Index, and Environmental Performance Label Specifications."

“Fleet Average Emission” means a vehicle manufacturer’s average vehicle emissions of all greenhouse gases, non-methane organic gases (NMOG), or NMOG plus oxides of nitrogen (NMOG + NOx), as applicable, from all new vehicles delivered for sale or lease in Delaware in any model-year.

“Greenhouse Gas” means any of the following gases: carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons.

“Greenhouse Gas Credit” means greenhouse gas credit.

“Greenhouse Gas Vehicle Test Group” means vehicles that have an identical test group, vehicle make and model, transmission class and driveline, aspiration method (e.g., naturally aspirated, turbocharged), camshaft configuration, valve train configuration, and inertia weight class.

“Gross vehicle weight rating or GVWR” means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle.

“Heavy-duty Engine” means any engine used to propel a heavy-duty vehicle.

“Heavy-duty Vehicle” means a heavy-duty vehicle as defined at Title 13, CCR, Section 1900.

“Independent Low Volume Manufacturer” means a manufacturer that has been designated by CARB as an independent low volume manufacturer as defined at Title 13, CCR, Section 1900.

“Intermediate volume manufacturer” means a manufacturer that has been designated by CARB as an intermediate volume manufacturer as defined at Title 13, CCR, Section 1900.

“Large volume manufacturer” means a manufacturer that has been designated by the CARB as a large volume manufacturer as defined at Title 13, CCR, Section 1900.

“Light-duty truck” means any 2000 and subsequent model year motor vehicle certified to the standards in Title 13, CCR, Section 1961(a)(1), rated at 8,500 pounds gross vehicle weight or less, and any other motor vehicle rated at 6,000 pounds gross vehicle weight or less, which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use.

“Loaded vehicle weight” means the vehicle curb weight plus 300 pounds.

“Manufacturer” means any independent low volume, small, intermediate or large volume vehicle manufacturer as defined at Title 13, CCR, Section 1900.

“Medium-duty passenger vehicle” means medium-duty passenger vehicle as defined at Title 13, CCR, Section 1900.

“Medium-duty vehicle” means medium-duty vehicle as defined at Title 13, CCR, Section 1900.

“Military tactical vehicle” means all land combat and transportation vehicles, excluding rail-based, which are designed for or are in use by any of the United States armed forces.

“Model year” means, for each vehicle manufacturer the period which includes January 1 of the calendar year in which the model is first offered for sale and ends December 31 of the final calendar year of sale or, if the manufacturer has no annual production period, the calendar year. In case of any vehicle manufactured in two or more stages, the time of manufacture shall be the date of completion of the chassis.

“Motor vehicle engine” means an engine that is used to propel a motor vehicle.

“Motor vehicle or vehicle” vehicle” or “vehicle” means every device in, upon, or by which a person or property is or may be transported otherwise than by muscular power, excepting such devices as run only upon rails or tracks and motorized bicycles.

“New motor vehicle engine” means a new engine in a motor vehicle.

“New vehicle” means any vehicle with 7,500 miles or fewer on its odometer.

“NMOG + NOx Credit” means non-methane organic gas plus oxides of nitrogen credit.

“Non-methane organic gas or NMOG” gas” or “NMOG” means the total mass of oxygenated and non-oxygenated hydrocarbon emissions.

“Passenger car” means any motor vehicle designed primarily for transportation of individuals and having a design capacity of 12 individuals or fewer.

“Person” means an individual, public or private corporation, company, partnership, firm, association, society or joint stock company, municipality, state, interstate body, or any Board, commission, employee, agent, officer or political subdivision of a state, an interstate body or the United States.

“Placed in service” means having been sold or leased to an end-user and not to a dealer or other distribution chain entity, and having been individually registered for on-road use by the Delaware Division of Motor Vehicles.

"PZEV" means partial zero emission vehicle.

"Qualifying Community-based Clean Mobility Program" means a program determined by the Department to qualify as a community-based clean mobility program pursuant to guidance issued by the Department of Natural Resources & Environmental Control. The Department must determine that a program qualifies as a community-based clean mobility program before a manufacturer may earn vehicle value pursuant to the requirements of Title 13, CCR, Section 1962.4.

“Recall” means: a manufacturer's issuing of notices directly to consumers that vehicles in their possession or control should be corrected; and/or a manufacturer's efforts to actively locate and correct vehicles in the possession or control of consumers.

“Recall Campaign” means that plan approved by the California Air Resources Board or the Department, by which the manufacturer will effect the recall of noncomplying vehicles.

“Sale or sell” “Sale” or “sell” means the transfer of equitable or legal title to a motor vehicle or motor vehicle engine to the ultimate purchaser.

“Secretary” means the Secretary of the Department.

“Small Volume Manufacturer” means a manufacturer that has been designated by the CARB as a small volume manufacturer as defined at Title 13, CCR, Section 1900.

“State” means the State of Delaware, unless otherwise specified.

“Test group” means a grouping of vehicles as defined by 40 CFR 86.1827-01, as supplemented or amended, and incorporated herein by reference.

“Test vehicle” means an experimental or prototype motor vehicle that appears to have very low emission characteristics, or a used motor vehicle within which an experimental motor vehicle pollution control device is installed, and which has also received a test vehicle or fleet permit from CARB.

"TZEV" means transitional zero emission vehicle.

“Ultimate purchaser” means, with respect to any new motor vehicle or new motor vehicle engine, the first person whom in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale.

“USEPA” means the United States Environmental Protection Agency.

“Vehicle identification number or VIN” number” or “VIN” means a unique, 17 digit, alphanumeric code that the vehicle manufacturer assigns to a vehicle.

"ZEV" means any passenger car, light-duty truck, or medium-duty truck certified to the zero emission vehicle standards in Title 13 CCR § 1962, 1962.1, 1962.2, and 1962.4.

"ZEV credit bank" means a zero-emission vehicle credit bank set up by the CARB or the environment department that records and tracks the generation, verification, transfer, voluntary retirement, use, and invalidation of zero-emission vehicle credits.

12/11/2013

Each model year and subsequent motor vehicle subject to subsection 2.1 of this regulation shall be California-certified.

3/11/2018

5.1 No person, including a manufacturer or dealer, shall deliver for sale or lease, offer for sale or lease, sell or lease, import, acquire, receive, purchase or rent a new vehicle that is a 2014 or subsequent model-year passenger car, light-duty truck, and medium-duty passenger vehicles, or medium-duty vehicle in Delaware unless the vehicle is California-certified and complies with the following criteria:

5.1.1 the The exhaust emission standards, as applicable in Title 13, CCR Section including:

5.1.1.1 The Low Emission Vehicle Program, Sections 1900, Section 1956.8 (g) or (h), 1960.1, 1961, 1961.1, 1961.2, or 1961.3, and 1961.4; and

5.1.1.2 The Greenhouse Gas Emission Standards Program, Sections 1961.1 and 1961.3; and

5.1.1.3 Beginning with model year 2027, the Zero Emission Vehicle Program Sections 1962, 1962.1, 1962.2, 1962.3, 1962.4, 1962.5; and

5.1.2 the The environmental performance label requirements for 2014 and subsequent model year vehicles in accordance with Title 13, CCR, Section 1965, 1965; and

5.1.3 the The evaporative emission standards in Title 13, CCR, Section 1976, 1976; and

5.1.4 the The refueling emission standards in Title 13, CCR, Section 1978, 1978; and

5.1.5 the The malfunction and diagnostic system requirements in Title 13, CCR, 1968.2, Sections 1968.1, 1968.2; and

5.1.6 the The assembly-line testing procedure requirements in Title 13, CCR, Section 2062, 2062; and

5.1.7 the The specifications for fill pipes and openings of motor vehicle fuel tanks in Title 13, CCR, Section 2235.

5.2 For new 2027 and subsequent model year, each manufacturer's sales fleet of passenger cars and light-duty trucks produced and delivered for sale in Delaware shall contain at least the same percentage of zero emission vehicles subject to the same requirements set forth in Title 13, CCR, Section 1962.4 using Delaware specific vehicle production volume calculated per Title 13, CCR, Sections 1962.4.

12/11/2013

6.1 Each manufacturer shall meet the following fleet requirements for the new vehicles delivered for sale or lease in Delaware:

6.1.1 Effective for 2014 model-years, each manufacturer shall comply with the fleet average NMOG emission requirements and LEV II phase-in requirements for passenger cars and light-duty trucks which average shall be based on the number of the manufacturer's vehicles subject to 2.1 of this regulation and, for 2014 and subsequent model-years, may earn and bank NMOG credits, both in accordance with Title 13, CCR, Section 1961(c), except that the formula for accruing credits at Title 13, CCR, Section 1961(c) shall be based upon the number of vehicles the manufacturer produces and delivers for sale in Delaware in accordance with this regulation. RESERVED

6.1.2 Effective for the 2015 and subsequent through 2025 model-years, each manufacturer shall comply with the fleet average NMOG + NOx emission requirements and the LEVIII phase-in requirements for passenger cars, light-duty trucks and medium-duty vehicles, and may earn and bank NMOG + NOx credits as applicable, all in accordance with Title 13, CCR, Section 1961.2.

6.1.3 Effective for the 2014 through 2016 model-years, each manufacturer shall comply with the fleet average emission greenhouse gas requirements for passenger cars, light-duty trucks and medium-duty passenger vehicles, and for 2014 and subsequent model-years earn and bank GHG credits, in accordance with Title 13, CCR, Section 1961.1. Effective for the 2027 and subsequent model-years, each manufacturer shall comply with the fleet average NMOG + NOx emission requirements and phase-in requirements for passenger cars, light-duty trucks and medium-duty vehicles, and may earn and bank NMOG + NOx credits as applicable, all in accordance with Title 13, CCR, Section 1961.4.

6.1.4 Effective for the 2017 and subsequent model years, each manufacturer shall comply with the fleet average emission greenhouse gas requirements for passenger cars, light-duty trucks and medium-duty passenger vehicles, and may earn and bank GHG credits, in accordance with Title 13, CCR, Section 1961.3.

6.2 Each new vehicle model subject to subsection 2.1 of this regulation shall satisfy the motor vehicle emission requirements of Title 13, CCR, Sections: 1956.8 (g) or (h), 1960.1, 1961, 1961.1, 1961.2, 1961.3, 1961.4, 1962.3, 1962.4, 1962.5, 1962.6, 1962.7, 1962.8, 1965, 1968.2, 1968.5, 1969, 1976, 1978, 2037, 2038, 2062, 2101, 2111, and 2235. A manufacturer shall demonstrate compliance by presenting to the Department upon request copies of the applicable Executive Order.

6.3 Each manufacturer of a vehicle subject to subsection 2.1 of this regulation shall conduct Inspection Testing and Quality Audit Testing in accordance with Title 13, CCR, Section 2062, and shall provide the test results to the Department upon request. A manufacturer shall demonstrate compliance by presenting to the Department, upon request, copies of the test results and the determination and findings made by CARB.

6.4 Each new vehicle subject to subsection 2.1 of this regulation, prior to being offered for sale in Delaware, shall meet the motor vehicle emission requirements of Title 13, CCR, Section 1961, as determined by compliance testing, conducted by CARB in accordance with Title 13, CCR, Sections 2101 through 2110, 2150, and 2151. A manufacturer shall demonstrate compliance by presenting to the Department, upon request, copies of the test results and the determination and findings made by CARB.

6.5 For the purposes of detection and repair of vehicles subject to this regulation failing to meet the motor vehicle emission requirements of Title 13, CCR, Section 1961 the Department may conduct, after consultation with CARB, In-Use Vehicle Enforcement Testing in accordance with the protocol and testing procedures in Title 13, CCR, Section 2140. A manufacturer shall demonstrate compliance by presenting to the Department, upon request, copies of the test results and the determination and findings made by CARB.

3/11/2018

7.1 Each manufacturer of a vehicle subject to subsection 2.1 of this regulation shall warrant to the ultimate purchaser and each subsequent purchaser that the vehicle shall comply over its period of warranty coverage with all requirements of Title 13, CCR, Sections 2035 through 2038, 2040, and 2041, and 2046.

7.2 Each manufacturer of a vehicle subject to subsection 2.1 of this regulation shall submit to the Department, upon request, an Emission Warranty Information report as defined at Title 13, CCR, Section 2144.

7.3 For purposes of compliance with subsection 7.2 of this regulation, a manufacturer may submit copies of the Emission Warranty Information report that are submitted to CARB.

7.4 Each manufacturer of a vehicle subject to subsection 2.1 of this regulation shall include the emission control system warranty statement that complies with the requirements of Title 13, CCR, Section 2039. Manufacturers may modify this statement as necessary to inform Delaware vehicle owners of the warranty applicability. The manufacturer shall provide a telephone number appropriate for Delaware residents.

12/11/2013

8.1 Beginning with the 2014 model year, each manufacturer of a vehicle subject to subsection 2.1 of this regulation shall submit annually to the Department, no later than May March 1 following the close of the model year, a report itemized by test group and emissions standard documenting total new vehicle deliveries for sale or lease in Delaware.

8.2 Beginning with the 2014 model year, each manufacturer of a vehicle subject to subsection 2.1 of this regulation shall submit annually to the Department, by no later than May March 1 following the close of the model year, a report, itemized by test group and emission standard, that demonstrates the manufacturer has met the fleet requirements of Section 6.0 of this regulation for the model year just ended for vehicles delivered for sale in Delaware.

8.3 If a manufacturer wants to bank GHG, NMOG, or NMOG + NOx credits, the manufacturer shall submit annually to the Department, by no later than May 1 following the end of the model-year, a report which demonstrates that such manufacturer has earned GHG, NMOG, or NMOG + NOx credits in Delaware. Credits are to be calculated in the same manner as required by CARB.

8.4 Beginning with the 2014 model year, each dealer of a vehicle exempted under subsection 2.3.7 of this regulation must keep records on all inter or intra-dealer trades of new 2014 or subsequent model-year vehicles that have not been certified by CARB and therefore have not received a CARB Executive Order, and these records shall be made readily available to the Department upon request.

8.5 No later than the 2027 model year, manufacturers shall establish a ZEV Credit Bank per Section 13.0 of this regulation and submit ZEV reports to the Department in accordance with Title 13, CCR, Section 1962.4 as adopted by reference pursuant to Section 10.0 of this regulation.

12/11/2013

9.1 Records to support any application, notice, report or amendment submitted to the Department under this regulation shall be maintained for a period of no less than five years after submitting the information to the Department, and shall be made readily available to the Department upon request.

9.2 Failure to comply with any of the obligations or requirements of this regulation shall subject the violator to an enforcement action pursuant to the provisions of 7 Del.C. Ch 60.

9.3 Any order or enforcement action taken by CARB to correct noncompliance with any section of Title 13, CCR, which action results in the recall of any vehicle pursuant to Title 13, CCR, sections 2109 through 2135, shall be applicable in Delaware, except where the manufacturer demonstrates to the Department’s satisfaction within 30 days of issuance of the CARB action that the action is not applicable to vehicles subject to this regulation.

9.4 Any emission-related recall campaign, voluntary or otherwise, initiated by any manufacturer pursuant to Title 13, CCR, Sections 2113 through 2121, shall extend to all similar vehicles subject to subsections 2.1 and 2.4 of this regulation, except where the manufacturer demonstrates to the Department’s satisfaction within 30 days of CARB approval of the campaign that the campaign is not applicable to the vehicles subject to 2.1 of this regulation.

3/11/2018

10.1 Unless specifically excluded by this regulation, when a provision of the CCR is incorporated by reference, all notes, comments, appendices, diagrams, tables, forms, figures, and publications are also incorporated by reference.

10.2 The Low Emission Vehicle Program at 7 DE Admin. Code 1140 refers to various sections of Title 13 of the California Code of Regulations (CCR). Wherever 7 DE Admin. Code 1140 refers to a specific section of the CCR, the reference is made to that version of the section as of the section amended date provided for that section in Table 1 of this regulation. The Department hereby incorporates by reference each of the sections of Title 13 CCR that are listed in Table 1 as of such section’s respective section amended date.

10.3 Provisions of the CCR that are excluded from incorporation by reference in this regulation are excluded in their entirety, unless otherwise specified. If there is a cross-reference to a California citation that was not specifically incorporated, the cross-referenced citation is not incorporated by virtue of the cross-reference.

10.4 Nothing in these provisions incorporated by reference from the CCR shall affect the Department's authority to enforce statutes, rules, permits, or orders administered or issued by the Secretary.

10.5 The following documents and sources of Title 13 of the California Code of Regulations (CCR) are incorporated by reference within this regulation:

Table 1

California Code of Regulations (CCR)

Title 13

Provisions Incorporated by Reference

3/11/2018

Any of the documents incorporated by reference may be obtained either from the Department or from the State of California Office of Administrative Law, 300 Capitol Mall, Suite 1250 Sacramento, California 95814-4339 or at the California Office of Administrative Law website at: http://www.oal.ca.gov/.

12/11/2013

Each section of this subchapter is severable. In the event that any section, subsection or division is held invalid in a court of law, the remainder of this subchapter shall continue in full force and effect.

For all California-certified vehicles registered in Delaware, each manufacturer shall undertake an action equivalent to that which is required by any order or enforcement action taken by CARB, or any voluntary or influenced emission related recall initiated by any manufacturer pursuant to Title 13, CCR, Sections 1962.7, 2101, 2109 through 2120, 2122 through 2133, 2135 through 2149, 2167, and 2168 unless within 30 days of CARB approval of said recall, the manufacturer demonstrates to the Agency that such recall is not applicable to vehicles registered in Delaware. Each manufacturer must send to owners of Delaware registered California-certified vehicles the same notice that is used for California owners required by Title 13, CCR, Sections 2118 or 2127, except that it should contain a telephone number appropriate for Delaware.

14.1 Emission Standard. Certification for ZEV Emission Standards of new 2027 and subsequent model year passenger cars, light-duty trucks and medium-duty vehicles shall be made pursuant to Title 13, CCR, Section 1962.4.

14.2 Percentage Requirements. Beginning with the 2027 model year, each manufacturer's sales fleet of passenger cars and light-duty trucks produced and delivered for sale in Delaware shall contain at least the same percentage of ZEVs subject to the same requirements set forth in the Title 13, CCR, Section 1962.4 using Delaware specific vehicle production volume calculated per Title 13, CCR, Section 1962.4.

14.3 Reporting Requirements. Beginning with model year 2027, a manufacturer must submit a report to the Department for each on-road vehicle produced and delivered for sale in Delaware for each model year as required by Title 13, CCR, Section 1962.4.

14.4 Proportional Credits. A manufacturer may deposit into its Delaware account a number of credits equal to the manufacturer's 2027 model year starting California "Converted credit" balance (i.e., those converted pursuant to Title 13, CCR, Section 1962.4(g)(2)) multiplied by the number of new passenger cars and light-duty trucks the manufacturer produced and delivered for sale in Delaware in model year 2026 and divided by the number of new passenger cars and light- duty trucks that the manufacturer produced and delivered for sale in California in model year 2026.

14.5 Early Action Credits. A manufacturer may earn early action credits for any 2023, 2024 or 2025 model year range extended battery electric vehicles, neighborhood electric vehicles, transitional zero emission vehicles and zero emission vehicles meeting the requirements of Title 13, CCR, Section 1962.2, the manufacturer produces and delivers for sale in Delaware by reporting the total production and delivery of such vehicles to the Department. Any early action credits earned pursuant to this section will be deposited into the manufacturer's account by the Department in the California ZEV Credit System for model year 2027 in addition to the credits deposited pursuant to subsection 14.4. These credits shall be converted in accordance with Title 13, CCR, Section 1962.4(g)(2).