DNREC Imposes Huge Cost On Citizens In "Middle Of Night"

Wednesday, January 12, 2011 - DNREC has imposed California emission standards for cars and light trucks (also medium trucks) and tried to keep citizens and elected officials from finding out while it was happening. They succeeded!

They held the public hearing on FRIDAY NIGHT, October 22, 2010. Virtually every elected official would have been at some kind of campaign function that evening.

In fact, a few days ago we asked a number of Delaware elected officials if they had heard of this. None of them had!

The entire process began on October 1, 2010, and ended on November 9, 2010. This is a time when responsible citizens were focused on elections. Election Day was on November 2nd!

According to a conversation we had with one DNREC official, the extra cost per car, starting in 2014, will be about $1000. Other sources tell us it could be as much as $3000.

Currently, the middle class is being devastated economically by the Great Recession. For 2011, a Hyndai Elantra costs as little as $10,000. This regulation would impose a 10 to 30% increase on this vehicle.These kinds of cost increases will also likely depress sales of new vehicles and keep older, more polluting cars on the road longer.

According to DNREC, a major reason for these regulations is reduction of greenhouse gases. How much poverty do we have to have in Delaware? When will our rulers realize that with less than 1/10,000 of 1% of world population,

we can't do anything about it no matter how big a problem it might be? If anything has to be done, it has to be at a national level.

- Rich Collins

Department Of Natural Resorces And Environmental Control

Division of Air and Waste Management
Statutory Authority: 7 Delaware Code, Chapter 60 (7 Del.C., Ch. 60)
7 DE Admin. Code 1140
FINAL
Secretary's Order No.: 2010-A-0039
Date of Issuance: November 9, 2010
Effective Date of the Amendment: December 11, 2010

1140 Delaware's National Low Emission Vehicle (NLEV) Regulation

Under the authority vested in the Secretary of the Department of Natural Resources and Environmental Control (Department or DNREC) the following findings, reasons and conclusions are entered as an Order of the Secretary in the above-referenced rule making proceeding.

Background and Procedural History

This Order considers the proposed regulatory amendment to 7 DE Admin. Code 1140, Delaware Low Emission Vehicle Program. The primary purpose of this promulgation is to reduce vehicle emissions from new vehicles in Delaware, beginning with model year 2014. Considerable benefits to human health and the environment will be realized under this program in the long term by the adoption of California's emissions standards, which are more stringent than the current federal standards. The Low Emission Vehicle (LEV) Program reduces emissions of ozone precursors, particulates, toxic air pollutants, and greenhouse gases.

The Department's Division of Air Quality (DAQ) commenced the regulatory development process with Start Action Notice 2009-33. The Department published the proposed regulatory amendment in the October 1, 2010 Delaware Register of Regulation and held a public hearing on October 22, 2010. The Department's presiding hearing officer, Lisa A. Vest, prepared a Hearing Officer's Report dated November 5, 2010 (Report). The Report recommends certain findings and the adoption of the proposed Amendment as attached to the Report as Appendix A.

Findings and Discussion

I find that the proposed Amendment is well-supported by the record developed by the Department, and adopt the Report to the extent it is consistent with this Order. The Department's experts developed the record and drafted the proposed Amendment. Throughout the entire regulatory development process regarding this promulgation, the Department received public comments from the regulated community, as noted in the Report, and considered and responded to all timely and relevant public comments in making its determination.

I find that the Department's DAQ expert fully developed the record to support adoption of this Amendment. The adoption of the regulation amendment to 7 DE Admin. Code 1140, Delaware Low Emission Vehicle Program, will formally establish the Delaware Low Emission Vehicle Program (DEL LEV). The inclusion of Delaware into California's Low Emission Vehicle Program (CAL LEV) will allow additional reductions of motor vehicle emissions from new vehicles (less than 7,500 miles) transferred (i.e., sold, delivered, purchased, leased, rented, acquired, received, and/or registered) into Delaware, beginning with model year 2014, as the proposed program is more stringent than the current federal rule.

The amendments to 7 DE Admin. Code 1140 will also provide increased protection for Delaware citizens against a variety of potential adverse health effects linked to long-term exposure to particulate matter (PM), volatile organic compounds (VOCs), nitrogen oxide (NOx), and greenhouse gases (GHGs). This implementation proposes to adopt requirements that are at least as health protective as requirements of the existing Federal Tier 2 standards.

In conclusion, the following findings and conclusions are entered:

1.) The Department has jurisdiction under its statutory authority to issue an Order adopting this proposed Amendment as final;

2.) The Department provided adequate public notice of the proposed Amendment, and provided the public with an adequate opportunity to comment on the proposed Amendment, including at a public hearing;

3.) The Department held a public hearing on October 22, 2010 on the proposed Amendment in order to consider public comments before making any final decision, and fully considered and responded to all timely and relevant comments received from the regulated community concerning this matter;

4.) The Department's Hearing Officer's Report, including its recommended record and the recommended Amendment as set forth in Appendix A, are adopted to provide additional reasons and findings for this Order;

5.) The recommended Amendment does not reflect any substantive change to either the intent or content of the proposed regulation Amendment as published in the October 1, 2010, Delaware Register of Regulations;

6.) The recommended Amendment should be adopted as final regulation Amendment because Delaware will then be enabled to (1) provide for additional reductions of motor vehicle emissions from new vehicles (less than 7,500 miles) transferred (i.e., sold, delivered, purchased, leased, rented, acquired, received, and/or registered) into Delaware, beginning with model year 2014, as the proposed program is more stringent than the current federal rule; and (2) provide increased protection for Delaware citizens against potential adverse health effects linked to long-term exposure to particulate matter (PM), volatile organic compounds (VOCs), nitrogen oxide (NOx), and greenhouse gases (GHGs). This implementation proposes to adopt requirements that are at least as health protective as requirements of the existing Federal Tier 2 standards. Moreover, the regulation amendment is well supported by documents in the record; and

7.) The Department shall submit this Order approving the final regulation to the Delaware Register of Regulations for publication in its next available issue, and provide such other notice as the law and regulation require and the Department determines is appropriate.

Collin P. O. Mara, Secretary
1140 Delaware's National Low Emission Vehicle (NLEV) Regulation