January 3, 2013

(SUBMITTED VIA EMAIL TO drabin@mde.state.md.us)

Deborah Rabin

Regulations Coordinator, Air and Radiation Management Administration

Department of the Environment

1800 Washington Boulevard, Suite 730

Baltimore, Maryland 21230-1720

Re: Proposed Regulations for Maryland Low Emissions Vehicle Program 

Dear Ms. Rabin:

The Association of Global Automakers, Inc. (Global Automakers)1appreciates the opportunity to provide 

comments to the Maryland Department of the Environment (MDE) on the proposed regulations to incorporate 

new low emission vehicle (LEV III), greenhouse gas (GHG), and zero emission vehicle (ZEV) requirements for new 

motor vehicles and motor vehicle engines in Section 26.11.34 Low Emissions Vehicle Program.

Global Automakers supports a single, harmonized program for GHG and tailpipe emissions and has been actively 

engaged in promoting harmonization between the U.S. Environmental Protection Agency (EPA), National 

Highway Traffic Safety Administration (NHTSA), and California Air Resources Board (ARB). ARB’s GHG 

regulations for model years (MYs) 2017-2025 and the environmental performance label are in line with such 

harmonization. For reference, and as MDE is most likely already aware, ARB recently proposed and is in the 

process of finalizing amendments to its regulation to allow compliance with the GHG program based on 

compliance with the Federal GHG program for MYs 2017-2025, which will also need to be incorporated into 

Maryland’s regulations upon finalization in California. 

Although Global Automakers has worked with California and the federal agencies to develop and support the 

GHG and LEV III standards, we have concerns about the ZEV regulations for MYs 2018 and beyond. In addition 

to questioning whether the ZEV program is needed with stringent and forward-looking GHG standards that 

already encourage advanced technology deployment, our main concern remains the technical feasibility of the 

ZEV program. With the “travel provisions” for battery electric vehicles (BEVs) ending after MY 2017, we 

estimate that approximately 21,000 BEVs and plug-in hybrid-electric vehicles (PHEVs) will be required in 

 

1

The Association of Global Automakers, Inc. represents international motor vehicle manufacturers, original equipment 

suppliers, and other automotive-related trade associations. Our members’ market share of both U.S. sales and production 

is 40 percent and growing. We work with industry leaders, legislators, regulators, and other stakeholders in the United 

States to create public policy that improves motor vehicle safety, encourages technological innovation and protects our 

planet. Our goal is to foster an open and competitive automotive marketplace that encourages investment, job growth, 

and development of vehicles that can enhance Americans’ quality of life. For more information, please visit 

www.globalautomakers.org. 
2

Maryland in MY 2018.2 We recognize that some flexibility was built into the ZEV program to allow pooling of 

ZEV requirements among the Northeast States, but that pool of vehicles will require nearly 170,000 BEVs and 

PHEVs among all Northeast States, or approximately six percent of sales in the Northeast in MY 2018.3

Reaching these mandated sales numbers will not only require a significant investment of resources by 

automobile manufacturers, but a significant investment for Maryland in infrastructure and other incentives. 

Market adoption depends not just on vehicle availability, but on consumer interest for these products relative to 

other models in the showroom. As MDE is likely already aware, these advanced vehicles face significant barriers

even in the most “friendly” market environments. For example, California has long provided cash incentives to 

customers who purchase the most advanced ZEVs, above and beyond federal incentives. California has 

embarked on significant infrastructure investments, codes and standards changes in their local communities, 

and education of their emergency responders and other important State and local officials. It is critical that

Section 177 States choosing to adopt California’s ZEV requirements develop accompanying policies that address 

these market barriers in a comprehensive and meaningful way, with particular attention given to the 

demographic and geographic differences between California and the States in question. Importantly, these 

actions cannot wait until MY 2018 but must begin as soon as possible to prepare for the volumes of vehicles 

required in 2018 and beyond.

Finally, on a separate note, based on discussions with EPA, we expect EPA to propose and adopt Tier 3 emissions 

standards that mirror the LEV III standards. We also expect EPA to propose national gasoline quality 

improvements to reduce sulfur in gasoline, which will more closely align national fuel with California’s cleaner 

fuels. California’s gasoline pool average sulfur content is about one-third of the average sulfur content of 

gasoline in the other 49 States. As in the past, we continue to support the need to treat vehicles and fuels as a 

system to achieve the greatest environmental benefits. Gasoline quality improvements will assist automobiles 

in achieving more stringent criteria emissions standards, enable advanced engine technologies needed to meet 

stringent GHG emissions standards, and will also result in significant emission reductions from the existing 

vehicle fleet. We believe harmonization for emissions standards and fuels will maximize environmental benefits, 

while streamlining reporting and other compliance efforts for both industry and agencies. We urge MDE to 

support EPA’s plans to propose and adopt national gasoline quality improvements to reduce sulfur in gasoline.

Thank you for your consideration of our comments. If you have any questions regarding the comments, I can be 

contacted at (202) 650-5562 or jcabaniss@globalautomakers.org.

Sincerely,

John Cabaniss

Director, Environment & Energy

 

2

The actual number of BEVs and PHEVs will vary depending on actual sales, as well as the technology types and vehicle 

range, since each technology earns different credit values depending on its attributes. This estimate is based on a 

compliance strategy of BEVs with 100 mile range and PHEVs with 20 mile all-electric range.

3

Actual vehicle numbers will vary as noted in Footnote 2.
3
Testimony (written) for Maryland Department of the Environment 

In Reference to Proposed Amendments to the Maryland Low Emission Vehicle (LEV) 

Program as part of Maryland's Clean Car Program 

January 3, 2013 

Deborah Rabin 

Maryland Department of the Environment 

1800 Washington Boulevard, Suite 730 

Baltimore, MD 21230-1720 

Dear Ms. Rabin: 

My name is Richard Reis and I live in Silver Spring, MD. I serve as Energy Chair of the 

Maryland Chapter of the Sierra Club, which is the oldest and largest grassroots environmental 

organization in the US with 1.4 million members and supporters, including thousands here in 

Maryland. The Sierra Club recognizes that, in order to reduce our dangerous dependence on oil 

and slash climate-threatening greenhouse gas emissions, we must build a 21st century 

transportation system that provides consumers with more efficiency cars and trucks, as well as 

convenient transportation alternatives, such as public transit, and safe biking and walking. 

Sierra Club applauds Maryland for its continued leadership to put in place vehicle standards that 

will keep health-threatening pollution out of our air, save Marylanders money at the p~p, and 

drive innovation in the U.S. auto industry. The proposed amendments to Regulation .02 under 

COMAR 26.11.34 adopting the 2012 revisions to the California Air Resources Board regulations 

known as the Advanced Clean Cars Program (ACCP) will help ensure that cars sold in Maryland 

continue to become more efficient and produce less pollution. 

The proposed amendments would update three regulatory areas, the Low Emissions Vehicle III 

(LEV III) program, the Zero Emissions Vehicle (ZEV) program, and the Greenhouse Gas (GHG) 

Emission Standards. Sierra Club supports the updates to all three of these programs. 

Importantly, by 2025 the LEV III program will ensure that our cars produce about 75% less 

smog-forming pollution than new cars sold today, and emit less air toxics. This will make our air 

cleaner to breathe, producing significant health benefits, particularly to vulnerable populations 

such as children and the elderly. Further, as Maryland struggles to stay in attainment with air 

quality standards, these standards will be a critical compliance strategy. 

Maryland is seeing the impacts of climate change up close, from Hurricane Sandy to rising sea 

levels in the Chesapeake Bay. It is clear that we must reduce greenhouse gas emissions 

nationwide to address climate change. In Maryland, roughly one-third of greenhouse gas 

emissions come from motor vehicles, higher than the national average. The proposed 

1 
Greenhouse Gas Emission Standards mirror the national vehicle emissions standards for model 

years 2017-2025 fmalized in 2012 by the Environmental Protection Agency, and would nearly 

cut greenhouse gas emissions from the average new 2025 vehicle in half when compared to the 

average new vehicle sold today. By increasing the efficiency of new vehicles, these standards 

will also significantly reduce our dependence on oil. 

Lastly, the Zero Emissions Vehicle program will ensure that Maryland families have increased 

access to clean car models. In particular, the ZEV program will spur the development and 

adoption of electric vehicles, which have the potential to significantly reduce greenhouse gas 

emissions and our dependence on oil. 

Our Recommendation 

In closing, we support Maryland's continued leadership in setting vehicle standards to protect 

our health and our planet while simultaneously supporting innovation and economic growth. 

Accordingly, we urge the Department of the Environment to proceed with this Advanced Clean 

Cars Program regulatory process as quickly and effectively as possible. 

Thank you for your time and focus on this important issue. 

Sincerely, 

Richard Reis, PE 

Chair, Energy Team, Maryland Chapter, Sierra Club 

301-325-8001 

2 
DEPARTMENT OF THE ENVIRONMENT 

AIR AND RADIATION MANAGEMENT ADMINISTRATION 

RESPONSE TO COMMENTS 

for the 

PUBLIC HEARING held on January 3, 2013 

in BALTIMORE, MD 

related to amendments to Maryland's Low Emissions Vehicle Program, 

 regulations under COMAR 26.11.34.02 

Purpose of Hearing: The purpose of the public hearing was to allow for public comment on the 

Department's proposal to amend the California Clean Car Program in Maryland as to reflect 

changes to the program since adoption. These amendments adopt the new California Low 

Emissions Vehicle III Program recently adopted in California. 

Date and Location: The public hearing was held on January 3, 2013 at 10 a.m. at the Department 

of the Environment, 1800 Washington Boulevard, 1st Floor Auditorium, Baltimore, Maryland 

21230. 

Hearing Officer: Deborah Rabin, Regulations Coordinator, Air and Radiation Management 

Administration, Maryland Department of the Environment. 

Attendance: There was no one in attendance at the hearing. 

Statement: The Department's statement was submitted into the record by Mr. Justin Mabrey, 

Regulatory Compliance Engineer for the Engineering and Technology Assessment Division of the 

Mobile Sources Control Program, Air and Radiation Management Administration, Department of 

the Environment. 

Comments and Responses: The comments received by the Department at the hearing and during the 

30-day comment period have been summarized and the Department's responses are given below. 

COMMENT #1: The Maryland Chapter of the Sierra Club expressed support for the rulemaking 

to adopt the California Low Emissions Vehicle III Program. 

RESPONSE: The Department thanks the commentators for their support. 

COMMENT #2: The Association of Global Automakers, Inc. (AGA) expressed support for a 

single, harmonized program for GHG and tailpipe emissions. 

RESPONSE: The Department appreciates this position and encourages AGA to continue to 

pursue harmonization between the federal regulations and California’s Clean Car Program. The 
Department fully intends to incorporate any amendments allowing compliance with the federal 

GHG program to meet compliance with the Clean Cars GHG Program, when they are finalized. 

COMMENT #3: The AGA expressed concern with the technical feasibility of the ZEV Program 

requirements, especially beyond 2018. 

RESPONSE: The Department understands this concern, but believes these concerns of the ZEV 

Program have been addressed. California, along with the Section 177 states, participated in many 

meetings, with the auto manufacturers, to develop the new ZEV standards. This comprehensive 

approach garnered support for the final regulations from the 177 states as well as most of the auto 

manufacturers. In regards to the more stringent ZEV requirements beginning in MY 2018, 

California has committed to constantly reviewing the ZEV Program, and will include a ZEV review 

as part of the GHG regulation Mid-term review in 2017, to ensure their continued feasibility. 

COMMENT #4: The AGA believes it is critical for Section 177 states to develop accompanying 

policies that address the market barriers to ZEV adoption as soon as possible. 

RESPONSE: The Department recognizes this concern and is fully committed to developing 

policies that reduce or eliminate the barriers to ZEV adoption. The state of Maryland has many 

programs currently in place to spur the adoption of vehicles required under the ZEV program. 

Maryland currently offers a $2,000 excise tax credit for the purchase of an eligible ZEV, as well as 

up to $400 tax credit for the purchase and installation of an Electric Vehicle (EV) charging station. 

Qualifying vehicles are granted access to HOV lanes in Maryland. The state has used available 

funding to install or incentivize the installation of EV Chargers resulting in over 400 EV charging 

stations currently having been installed in the state. The state commissioned an Electric Vehicle 

Infrastructure Council to investigate barriers to EV adoption. The Council recently released their 

final project to the Governor on recommendations to reducing these barriers to adoption, and ways 

to improve the integration of EVs into Maryland’s communities and transportation system. In 

addition, the Transportation Climate Initiative (TCI), of which Maryland is a participant, was 

awarded $994,500 by the Department of Energy. This funding was used to develop model siting, 

design, and permitting guidelines, building codes and zoning ordinances, and to conduct outreach 

and education for a region-wide implementation of EV infrastructure projects. Finally, the 

Maryland Public Service Commission under Case No. 9261 developed a working group to begin 

assessment of issues surrounding electric vehicle charging infrastructure. The group will seek to 

develop clear regulatory guidelines and clarity with respect to electric vehicle charging stations. 

COMMENT #5: The AGA urges MDE to support EPA’s plan to propose and adopt national 

gasoline quality improvements to reduce sulfur in gasoline, as well as plans to harmonize vehicle 

emissions standards. 

RESPONSE: The Department agrees that harmonizing emissions standards and reducing the 

sulfur content in gasoline across the nation would provide great environmental benefits to the entire 

country. The Department has sent several letters to both President Obama and the EPA stressing the 

importance of the new Tier 3 emissions and low sulfur fuel standards and offering our full support 

for their full implementation.