Statement of the Air and Radiation Management Administration 

Department of the Environment 

for the 

Public Hearing Relating to 

Proposed Amendments to Regulation .02 under COMAR 26.11.34 related to 

Low Emissions Vehicle Program 

held on January 03, 2013 

Baltimore, MD 

My name is Justin Mabrey. I am an engineer in the Mobile Sources Control Program of 

the Air and Radiation Management Administration, Department of the Environment. 

 This public hearing is being held pursuant to the requirements of 40 CFR Section 51.102 

and Sections 2-301 et.seq. of the Environment Article, Annotated Code of Maryland. It is also 

being held in conformance with the State Administrative Procedures Act under the State 

Government Article, beginning at Section 10-101. 

Notice of this hearing appeared in the: 

 

Maryland Register on November 30, 2012; 

MDE's website from November 16, 2012 to January 03, 2013; 

Baltimore Sun on November 30, 2012; 

Saint Mary's Enterprise on November 30, 2012; 

Frederick News-Post on November 30, 2012; 

Cecil Whig on November 30, 2012; 

Salisbury Daily Times on November 30, 2012; and the 

Washington Post on November 29, 2012. 

 Copies of these notices were submitted for the record. 

Copies of the proposed amendments and supporting documents were made available to 

the State Clearinghouse and are also submitted at this time into the hearing record. Copies of the 

proposed amendments and supporting documents were made available for public inspection at 

the Air and Radiation Management Administration offices in Baltimore, Cumberland, and 

Salisbury, and at all local health departments or local air quality control offices. 

The purpose of today's hearing is to give the public an opportunity to comment on the 

proposed amendments to Regulation .02 under COMAR 26.11.34. 

Summary 

This proposed action is the administrative action necessary for Maryland’s program to 

remain consistent with the California program as required by Section 177 of the Clean Air Act. 

 The Maryland Clean Cars Act of 2007 required the Maryland Department of the 

Environment (MDE) to adopt regulations implementing the California Clean Car Program. The 

1 
MDE’s 2007 implementing regulations adopted the applicable California regulations through 

incorporation by reference. The California program is a dynamic, changing program. This 

proposed action updates the Maryland regulations with changes that have occurred to the 

California program since they were last updated in 2011. 

 This proposed action adopts the new Cal LEV III amendments, also known as the 

Advanced Clean Cars Program. The Cal LEV III amendments include proposed changes to the 

LEV II, Greenhouse Gas (GHG), and Zero Emission Vehicle (ZEV) standards. 

Summary of Proposed Changes 

 The individual regulatory changes to the California regulations can be grouped into the 

following major areas: 

• Low Emission Vehicle (LEV) III Standards. 

• Zero Emission Vehicle (ZEV) Program 

• Greenhouse Gas Emission Standards 

Economic Impact 

 

 There is an economic impact associated with these regulations. Due to the emissions 

control technology required to meet these emissions standards, when fully implemented, 

California has estimated that the average new vehicle purchase costs will increase by about 

$1,900. However, these increased purchase costs are expected to be offset by reduced operating 

costs, ultimately resulting in a net savings of up to $4,000 over the lifetime of the vehicles. 

While other cost estimates for the program may be higher, they do not alter the fundamental cost 

effectiveness of the program and consumers will see benefits within the expected average 

lifetime of the vehicle. 

Emissions Benefits

 The Advanced Clean Car Program will reduce emissions of GHG, NOx, VOCs, and air 

toxics (benzene, 1,3-butadiene and acetaldehyde). Greenhouse gases are the primary pollutants 

that cause global warming. Maryland, and the Chesapeake Bay, are particularly vulnerable to 

the affects of global warming. Major concerns include a rise in coastal waters, loss of aquatic 

life (impacts to oysters, crabs and the bay ecosystem) and the potential of extreme weather 

conditions. GHG emissions contribute significantly to global warming. In Maryland, about one 

third of the GHG emissions come from motor vehicles. The Clean Car Program will reduce 

GHG emissions from motor vehicles and is absolutely critical as part of our effort to address 

global warming. 

Maryland’s challenges to meeting the federal health standards for ozone and fine particles are 

amongst the toughest in the country. Much of Maryland still remains in ozone nonattainment, 

even after implementation of many federal and state programs that are reducing motor vehicle 

emissions. In addition to being a major contributor to the State’s ozone and fine particulate 

pollution, NOx emissions also adversely impact the Chesapeake Bay. The VOC and NOx 

2 
3 

reductions from the Clean Cars Program will be very important to our efforts to attain and 

maintain these standards. 

Mobile sources are the number one contributor to air toxics in major cities like Baltimore and 

Washington. Air toxics emissions can have a variety of negative effects on public health. While 

existing programs are gradually reducing exposure to these pollutants, the deeper and quicker 

reductions under the Clean Car Program will bring healthier air to Maryland’s citizens sooner. 

California estimates that the full emissions benefits of the Advanced Clean Cars Program will be 

realized in the 2035-2040 timeframe, when nearly all vehicles operating in the fleet would be 

compliant with the new standards. By 2035, California estimates emissions for volatile organic 

compounds (VOCs) would be reduced by an additional 21% from the 2008 baseline, NOx 

emissions would be reduced by an additional 36%, and PM2.5 emissions by an additional 11%. 

Greenhouse gas emissions are estimated to be reduced by an additional 3% by 2020, increasing 

to 27% by 2035. 

Maryland’s State Implementation Plan (SIP)

 These amendments will be submitted to the EPA as a revision to Maryland’s State 

Implementation Plan. 

Consideration of Comments 

The Department will consider all comments on the amendments before making a decision 

to adopt these amendments. 
1

1 MARYLAND DEPARTMENT OF THE ENVIRONMENT

2 AIR AND RADIATION MANAGEMENT ADMINISTRATION

3

4

5 PUBLIC HEARING

6 CONCERNING PROPOSED AMENDMENTS TO COMAR 26.11.34.02

7 MD LEV PROGRAM - UPDATE

8

9

10 The hearing in the above matter commenced on

11 Thursday, January 3, 2013, at the MDE Headquarters,

12 Montgomery Park, 1800 Washington Boulevard, Baltimore,

13 Maryland.

14

15 BEFORE: DEBORAH RABIN, Hearing Officer

16

17 Reported by: Linda Metcalf

18

19

20

21

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1 A P P E A R A N C E S

2

3 ON BEHALF OF THE MARYLAND DEPARTMENT OF THE ENVIRONMENT:

4

5 DEBORAH RABIN

6 Regulations Coordinator

7 Regulation Development Division

8 Air and Radiation Management

9 Maryland Department of the Environment

10 1800 Washington Boulevard, Suite 730

11 Baltimore, Maryland 21230

12

13 JUSTIN MABREY

14 Engineer

15 Mobile Sources Control Program

16 Air and Radiation Management Administration

17 Maryland Department of the Environment

18 1800 Washington Boulevard, Suite 730

19 Baltimore, Maryland 21230

20

21

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1 I N D E X

2

3 Speaker: Page:

4 Opening Remarks, Deborah Rabin, MDE 4

5 Hearing Statement, Justin Mabrey, MDE 5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

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1 P R O C E E D I N G S

2 - - - - -

3 MS. RABIN: Good morning. On behalf of the

4 Department of the Environment and the Air and Radiation

5 Management Administration, I would like to welcome you to

6 this public hearing.

7 My name is Deborah Rabin and I am the

8 Regulations Coordinator for the Air and Radiation

9 Management Administration. I will serve as hearing

10 officer for today's hearing.

11 I would like to ask all of you in attendance

12 today to please sign in, if you haven't already done so. 

13 This will help us to keep an accurate record of the

14 people who participate in the hearing. Also, copies of

15 our regulation proposal, support documents, and the

16 Department's statement are available on the table for

17 your information.

18 This hearing concerns Air Quality Regulations

19 found in the Code of Maryland Regulations, Title 26,

20 Subtitle 11, Air Quality. The Secretary of the

21 Department proposes to amend Regulation .02 under COMAR

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1 26.11.34, Low Emissions Vehicle Program.

2 The purpose of this hearing is to give you the

3 opportunity to comment on this action.

4 The Opportunity for Public Comment for this

5 proposed action appeared in the Maryland Register, Volume

6 39, Issue 24, Page 1589 on November 30, 2012.

7 The hearing will proceed in the following

8 order. First, Mr. Justin Mabrey will make a statement on

9 behalf of the Air and Radiation Management

10 Administration. After Mr. Mabrey is finished, I will

11 call on any elected official or government official who

12 wants to make a statement. Then, I will call upon anyone

13 else who indicated on the sign-in sheet that he or she

14 would like to make a statement.

15 When giving your statement, please identify

16 yourself and your affiliation, and give your statement

17 loudly and clearly. Are there any questions?

18 I will now call on Mr. Mabrey.

19 MR. MABREY: My name is Justin Mabrey. I am an

20 engineer in the Mobile Sources Control Program of the Air

21 and Radiation Management Administration, Department of

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1 the Environment. Since no one has attended this hearing,

2 I am submitting my statement for the record.

3 

4 Statement of the Air and Radiation Management

5 Administration

6 Department of the Environment

7 for the Public Hearing Relating to

8 Proposed Amendments to Regulation .02 under COMAR

9 26.11.34 related to

10 Low Emissions Vehicle Program 

11 held on January 03, 2013

12 Baltimore, MD

13 My name is Justin Mabrey. I am an engineer in

14 the Mobile Sources Control Program of the Air and

15 Radiation Management Administration, Department of the

16 Environment.

17 This public hearing is being held pursuant to

18 the requirements of 40 CFR Section 51.102 and Sections 2-

19 301 et. seq. of the Environment Article, Annotated Code

20 of Maryland. It is also being held in conformance with

21 the State Administrative Procedures Act under the State

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7

1 Government Article, beginning at Section 10-101.

2 Notice of this hearing appeared in the: 

3 Maryland Register on November 30, 2012; MDE's website

4 from November 16, 2012 to January 03, 2013; Baltimore Sun

5 on November 30, 2012; Saint Mary's Enterprise on November

6 30, 2012; Frederick News-Post on November 30, 2012; Cecil

7 Whig on November 30, 2012; Salisbury Daily Times on

8 November 30, 2012; and the Washington Post on November

9 29, 2012.

10 Copies of these notices were submitted for the

11 record.

12 Copies of the proposed amendments and

13 supporting documents were made available to the State

14 Clearinghouse and are also submitted at this time into

15 the hearing record. Copies of the proposed amendments

16 and supporting documents were made available for public

17 inspection at the Air and Radiation Management

18 Administration offices in Baltimore, Cumberland, and

19 Salisbury, and at all local health departments or local

20 air quality control offices.

21 The purpose of today's hearing is to give the

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8

1 public an opportunity to comment on the proposed

2 amendments to Regulation .02 under COMAR 26.11.34. 

3 Summary

4 This proposed action is the administrative

5 action necessary for Maryland’s program to remain

6 consistent with the California program as required by

7 Section 177 of the Clean Air Act. 

8 The Maryland Clean Cars Act of 2007 required

9 the Maryland Department of the Environment (MDE) to adopt

10 regulations implementing the California Clean Car

11 Program. The MDE’s 2007 implementing regulations adopted

12 the applicable California regulations through

13 incorporation by reference. The California program is a

14 dynamic, changing program. This proposed action updates

15 the Maryland regulations with changes that have occurred

16 to the California program since they were last updated in

17 2011.

18 This proposed action adopts the new Cal LEV III

19 amendments, also known as the Advanced Clean Cars

20 Program. The Cal LEV III amendments include proposed

21 changes to the LEV II, Greenhouse Gas (GHG), and Zero

For The Record, Inc.

(301) 870-8025 - www.ftrinc.net - (800) 921-5555
9

1 Emission Vehicle (ZEV) standards.

2 Summary of Proposed Changes

3 The individual regulatory changes to the

4 California regulations can be grouped into the following

5 major areas:

6 - Low Emission Vehicle (LEV) III Standards

7 - Zero Emission Vehicle (ZEV) Program

8 - Greenhouse Gas Emission Standards

9 Economic Impact 

10 There is an economic impact associated with

11 these regulations. Due to the emissions control

12 technology required to meet these emissions standards,

13 when fully implemented, California has estimated that the

14 average new vehicle purchase costs will increase by about

15 $1,900. However, these increased purchase costs are

16 expected to be offset by reduced operating costs,

17 ultimately resulting in a net savings of up to $4,000

18 over the lifetime of the vehicles. While other cost

19 estimates for the program may be higher, they do not

20 alter the fundamental cost effectiveness of the program

21 and consumers will see benefits within the expected

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10

1 average lifetime of the vehicle.

2 Emissions Benefits

3 The Advanced Clean Car Program will reduce

4 emissions of GHG, NOx, VOCs, and air toxics (benzene,

5 1,3-butadiene and acetaldehyde). Greenhouse gases are

6 the primary pollutants that cause global warming. 

7 Maryland, and the Chesapeake Bay, are particularly

8 vulnerable to the affects of global warming. Major

9 concerns include a rise in coastal waters, loss of

10 aquatic life (impacts to oysters, crabs and the bay

11 ecosystem) and the potential of extreme weather

12 conditions. GHG emissions contribute significantly to

13 global warming. In Maryland, about one third of the GHG

14 emissions come from motor vehicles. The Clean Car

15 Program will reduce GHG emissions from motor vehicles and

16 is absolutely critical as part of our effort to address

17 global warming. 

18 Maryland’s challenges to meeting the federal

19 health standards for ozone and fine particles are amongst

20 the toughest in the country. Much of Maryland still

21 remains in ozone nonattainment, even after implementation

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11

1 of many federal and state programs that are reducing

2 motor vehicle emissions. In addition to being a major

3 contributor to the State’s ozone and fine particulate

4 pollution, NOx emissions also adversely impact the

5 Chesapeake Bay. The VOC and NOx reductions from the

6 Clean Cars Program will be very important to our efforts

7 to attain and maintain these standards. 

8 Mobile sources are the number one contributor

9 to air toxics in major cities like Baltimore and

10 Washington. Air toxics emissions can have a variety of

11 negative effects on public health. While existing

12 programs are gradually reducing exposure to these

13 pollutants, the deeper and quicker reductions under the

14 Clean Car Program will bring healthier air to Maryland’s

15 citizens sooner.

16 California estimates that the full emissions

17 benefits of the Advanced Clean Cars Program will be

18 realized in the 2035-2040 timeframe, when nearly all

19 vehicles operating in the fleet would be compliant with

20 the new standards. By 2035, California estimates

21 emissions for volatile organic compounds (VOCs) would be

For The Record, Inc.

(301) 870-8025 - www.ftrinc.net - (800) 921-5555
12

1 reduced by an additional 21% from the 2008 baseline, NOx

2 emissions would be reduced by an additional 36%, and

3 PM2.5 emissions by an additional 11%. Greenhouse gas

4 emissions are estimated to be reduced by an additional 3%

5 by 2020, increasing to 27% by 2035.

6 Maryland’s State Implementation Plan (SIP)

7 These amendments will be submitted to the EPA

8 as a revision to Maryland’s State Implementation Plan. 

9 Consideration of Comments

10 The Department will consider all comments on

11 the amendments before making a decision to adopt these

12 amendments.

13 

14 MS. RABIN: Please let the record reflect that

15 no one has come to attend this public hearing.

16 This will conclude the public hearing regarding

17 proposed amendments to Regulation .02 under COMAR

18 26.11.34, Low Emissions Vehicle Program.

19 Let the record reflect that it is now 10:28 and

20 this hearing is officially concluded.

21 (Whereupon, the hearing was concluded)

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1 CERTIFICATE OF COURT REPORTER

2

3 I, Linda Metcalf, do hereby certify that the

4 foregoing transcription was reduced to typewriting via

5 audiotapes recorded by me; that I am neither counsel for,

6 nor related to, nor employed by any of the parties to the

7 case in which these proceedings were transcribed; that I

8 am not a relative or employee of any attorney or counsel

9 employed by the parties hereto, nor financially or

10 otherwise interested in the outcome of the action.

11

12

13

14

15 

16 LINDA METCALF

17 Court Reporter

18

19

20

21

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