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Department of the Environment

 Technical Support Document

Amendments to COMAR 26.11.34.02 Low Emissions Vehicle Program

Primary Purpose of these Amendments

The purpose of these amendments is to update COMAR 26.11.34.02 Incorporation by Reference 

to reflect the changes made to the California regulations since their original adoption in 

Maryland in November 2007 and subsequent updates. These amendments only affect one 

regulation, COMAR 26.11.34.02 Incorporation by Reference. All other implementing 

regulations remain as originally adopted in 2007.

In order to retain the Clean Car Program, Maryland’s implementing regulations must remain 

consistent with California’s regulations, hence, when California updates its regulations, 

Maryland must reflect these changes by updating the applicable Maryland regulations. 

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

Implementation Plan (SIP).

Background

Vehicles sold in the United States must be certified under one of two emissions certification 

programs: the federal program (Tier 2 program) or the California program (Clean Car Program 

also known as the California Low Emissions Vehicle Program-LEV). Section 177 of the Clean 

Air Act Amendments of 1990 provides states the ability to adopt the California program in lieu 

of the federal program as long as the adopted state program is identical to the California program 

and the adopting state allows two model years lead time.

The Clean Car Program has two air quality objectives. The first objective is to reduce emissions 

of the ozone precursor pollutants, NOx and VOCs (or NMOG, non-methane organic gases). An 

important component of this part of the program is the zero emission vehicle (ZEV) requirement, 

which requires the manufacturers to produce zero (or near zero) emission vehicles. This 

technology forcing component of the program is viewed as being responsible for the 

development and introduction of advanced technology vehicles such as hybrid and fuel cell 

vehicles. The second objective of the program is to reduce greenhouse gas (GHG) emissions.

The centerpiece of the Clean Car Program is to reduce emissions through the use of declining 

fleet average standards (applied to all of a manufacturer’s covered vehicles) phased in over time.

For Cal LEV III a fleet average NMOG standard will phase in (in California and 177 states) from 

model year (MY) 2015 through MY2025. A new fleet average greenhouse gas (GHG) standard 

will begin being phased in from MY2017 through MY2025. 

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

(MDE) to adopt regulations implementing the California Clean Car Program in Maryland. In 
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2007, Maryland’s implementing regulations adopted, through incorporation by reference, the 

applicable California regulations. The CALEV program is a dynamic, changing program in 

which many of the relevant California regulations are continuously updated. To retain 

California’s standards, Maryland must remain consistent with their regulations, hence when 

California updates its regulations, Maryland must reflect these changes by amending our 

regulations.

The proposed changes are in effect in California as well as some of the other states that have 

adopted the CALEV program. The only regulatory change in this proposed action is to the ZEV 

portion of the regulation. It will have minimal, if any, impact on the cost or implementation of 

the program in Maryland.

Description of Amendments

These amendments update Maryland’s program requirements to be consistent with California’s 

program requirements. This action is necessary since many of the California regulations that are 

incorporated into the Maryland regulation have been updated. This action only affects 

Regulation .02, Incorporation by Reference. The individual regulatory changes to the California 

regulations can be grouped into three issues in the ZEV requirement:

 Adjustments to the Optional Section 177 compliance path.

 Requiring a minimum amount of ZEV credits to be used each year.

 Amending the fast refueling definition for determining ZEV types. 

Although some changes have been made in California’s regulations since Maryland’s regulations 

were last updated in 2012, the effects on program implementation and requirements in Maryland 

are minimal. The main changes are described below.

1) Adjustments to the Optional 177 Compliance Path

The adjustments to the Optional Compliance Path (OCP) will have the most effect on 

Maryland’s ZEV program. Section 177 states negotiated changes with the manufacturers and 

CARB to ensure the success of the new ZEV program. The new amendments eliminate the use 

of certain credits in meeting the requirements for qualifying for the OCP. Manufacturers can 

only use credits generated from actual vehicles placed in the states to meet the OCP 

requirements. Also included in the amendments is a provision to allow pooling across model 

years, allow intermediate volume manufacturers to comply with the OCP, and remove the VIN 

reporting requirement, unless requested by a state.

2) Requiring a Minimum Amount of ZEV Credits to be Used Each Year

California has made changes to the use of ZEV credits in satisfying the yearly requirement. It 

focused on limiting the use of non-ZEV credits, such as BEVx and GHG over-compliance 

credits, to meet the pure ZEV requirement. CARB has limited the use of such credits to meet the 

requirement to a maximum of 50% for a model year. 

3) Amending the Fast Refueling Definition for Determining ZEV Type
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A final amendment to the ZEV requirement involves changes to the fast refueling provision to 

ensure that fast refueling credits are given to vehicles that are actually using the technology. The 

focus was on battery swapping designed to meet the requirements but not being demonstrated in 

the marketplace. The changes to the program will give credits for fast refueling only after 

manufacturers provide data demonstrating actual refueling events.

Affected Sources 

These amendments apply to automobile manufacturers that produce new motor vehicles for sale 

in Maryland. All vehicle types that have a gross vehicle weight rating of less than 14,000 

pounds are affected. For purposes of these regulations, transfer means to sell, import, deliver, 

purchase, lease, rent, acquire, or receive a motor vehicle for titling or registration in Maryland. 

A new vehicle, as defined in the regulations, is any motor vehicle with an odometer reading of 

less than 7,500 miles.

Summary of Economic Impact

The economic impact of these amendments on automobile manufacturers, the MDE, consumers 

and dealers is described below.

Economic Impact on Automobile Manufacturers and MDE

Minimal additional burden or cost is expected as a result of these amendments. The changes to 

the OCP and maintaining a minimum ZEV credit requirement will require manufacturers to 

introduce more actual ZEVs to Maryland and the other Section 177 states. However, provisions 

to allow pooling across states and from the east and west regions from different model years will 

give manufacturers greater flexibility to meet the regulatory requirements in a way that is best 

for their business situation. 

These amendments will have no economic impact on the MDE. They also will have no impact 

on the Motor Vehicle Administration’s registration, data management, and dealer oversight 

activities related to this program. 

Economic Impact on Consumers and Dealers

The economic impact of these amendments upon Maryland consumers is minimal as there are no 

significant changes to the vehicle requirements.

These amendments should have no impact on Maryland dealers. The increase in ZEVs that will 

result from this amendment will be minimal, and enable the dealers to provide consumers with 

more of the most advanced and fuel efficient technology vehicles available.

Economic Impact on Small Businesses

These amendments will have no impact on small businesses. These amendments impact the 

vehicle production and certification processes that are only applicable to the manufacturers of 

new motor vehicles.
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Emissions Benefits

The changes to the ZEV portion of the regulation may have a small positive impact on the 

benefits, as it is designed to ensure more ZEVs are actually delivered to the Section 177 States in 

order to comply with the OCP. The emissions impact is expected to be minimal though, as the 

manufacturer fleet average emission requirement remains the same.

Federal Requirements that Apply to these Sources

The Federal Tier 2 Motor Vehicle Emissions Standards under 65 FR 6698 (February 10, 2000) 

apply to the same types of vehicles.

These regulations are more restrictive than the Federal Tier 2 Motor Vehicle Emissions 

Standards insofar as they require more stringent NMOG, NOx, and GHG emissions standards. 

References

Maryland Department of the Environment, Summary of Proposed or Adopted changes to the 

California Low Emissions Vehicle Program by the California Air Resources Board (CARB),

2014 Report to the Joint Administrative, Executive, and Legislative Review (AELR) Committee.

Maryland Department of the Environment, Technical Support Document for the Low Emissions 

Vehicle Program, 2007.