The Delaware Department of Natural Resources and Environmental Control (DNREC) Division of Air oversees the Emissions Banking and Trading Program, for Emissions Reduction Credits (ERCs) within the State of Delaware. Under the National Ambient Air Quality Standard (NAAQS) the EPA has designated New Castle and Sussex Counties as marginal nonattainment zones for ozone. All other counties are in the Ozone Transport Region (OTR).

In Delaware stationary sources must obtain ERCs to satisfy the offset ratio requirements for the proposed emissions increase. Sources must obtain ERCs if they emit more than:

New Castle County

  • 25 tpy of NOx
  • 25 tpy of VOC

Sussex County

  • 40 tpy of NOx
  • 40 tpy of VOC

In Delaware the current offset ratio for stationary new sources is 1.3 to 1 tons of ERCs to each new ton of emissions.