# Technical Support Document

Department of the Environment Amendments to COMAR 26.11.34.02 Lo w Emissions Vehicle Program

1800 Washington Boulevard | Baltimore, MD 21230-1718 | www.mde.state.md.us 410-537-3000 | 800-633-6101 | TTY Users: 800-735-2258 1 he purpose of these amendments is to upda te COMAR 26.11.34.02 Incorporation by Reference

. All

order to retain the Clean Car Program, Ma ryland’s implementing regulations must remain

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

ehicles sold in the United States must be certified under one of tw o emissions certification

m

he Clean Car Program has two air quality objectiv es. The first objective is to reduce emissions

l cell

.

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

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ne previously. 

### P rimary Purpose of these Amendments

T to reflect the changes made to the California regulations since thei r original adoption in Maryland in November 2007 and subsequent update in 2009 and 2011, and 2012. These amendments only affect one regulation, COMAR 26.11.34.02 Incorporation by Reference other implementing regulations rema in as originally adopted in 2007.

In consistent with California’s regulations, he nce, when California updates its regulations, Maryland must reflect these changes by updati ng the applicable Mary land regulations.

T Implementation Plan (SIP)

.



### B ackground

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

also known as the California Low Emissions Ve hicle Program-LEV). Section 177 of the Clean Air Act Amendments of 1990 provide s states the ability to adopt the California program in lieu of the federal program as long as the adopted stat e program is identical to the California program and the adopting state allows two model years lead time.

T of the ozone precursor pollutants, NOx and VO Cs (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 techno logy vehicles such as hybrid and fue vehicles. The second objective of the program is to reduce greenhouse gas (GHG) emissions

T fleet average standards (applied to all of a manufacturer’s covered vehicles) phased in over tim 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. Recently passed EPA GHG reduction standards are set to begin phase in st arting in 2017. California has agreed to allo compliance with the EPA standards to satisfy comp liance with its own standards, as it has do1800 Washington Boulevard | Baltimore, MD 21230-1718 | www.mde.state.md.us 410-537-3000 | 800-633-6101 | TTY Users: 800-735-2258 2 The Marylan d Clean Cars Act of 2007 required the Maryland Department of the Environment DE) to adopt regulations implementing the California Clean Car Program in Maryland. In

r

changes have already been implemente d in California as well as other states that ave adopted the CALEV program. Essentially, th e changes addressed by these amendments are



### scription of Amendments

’s program requirements to be consistent with California’s rogram requirements. This action is necessary since many of the California regulations that are

uty on-board diagno stics (HD-OBD) and OBD II

standards.

ts of California’s GHG standard.

s (GHG) component of the program. With e EPA set to implement greenhouse gas standards similar to California’s, California has agreed

have been made in California’s regulations since Maryland’s regulations ere last updated in 2012, the effects on progr am implementation and requirements in Maryland

r Federal Compliance Option (M 2007, Maryland’s implementing regulations adopte d, through incorporati on 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 c onsistent with their regulations, hence when California updates its regulati ons, Maryland must reflect these changes by amending ou regulations.

The proposed

h merely updates to existing test procedures and pr ovisions and will have minimal, if any, impact on the cost or implementation of the program in Maryland.



### De

These amendments update Maryland

p incorporated into the Maryla nd regulation have been updated. This action only affects Regulation .02, Incorporation by Reference. The individual regulatory ch anges to the California regulations can be grouped into 2 major areas:

• Non-substantive changes to the heavy-d

• Allowing compliance with the National gree nhouse gas (GHG) standards to satisfy the requiremen

T he most significant change is to the Greenhous e Ga

th to allow compliance with the EPA standards to satisfy compliance with its standards for model years 2017 thru 2025.

Although some changes

w are minimal. The main changes are described below.

1) LEV III GHG and ZEV Regulation Amendments fo

reenhouse

as standard for light-duty vehicles for the 2017-2025 MY. These standards were developed to The US EPA and NHTSA have collaborated with the ARB to develop new national g

g closely follow California’s new greenhouse gas standards for MY 2017-2025. A major component of Maryland’s Clean Cars Program was the adoption of Calif ornia’s greenhouse gas standards. California, as part of the comp romise for the national program with the auto manufacturers, agreed to amend its greenhouse gas regulations to allo w compliance with the1800 Washington Boulevard | Baltimore, MD 21230-1718 | www.mde.state.md.us 410-537-3000 | 800-633-6101 | TTY Users: 800-735-2258 3 federal standard to satisfy compliance with its own standards. This will eliminate manufacturer opposition to producing two different cars to meet tw o different standards, as well as reduce cost and make compliance easier.

Also included in this amendment are other non-substantive revisions to the LEV and ZEV regulations. These revisions cl arified language in the LEV re gulation concerning testing and certification procedures, and wa rranty requirements. The amendments also modified language concerning the determination of small volume manufacturers for ZEV compliance.

2) Heavy-Duty On-Board Diagnostics (HD-OBD) and OBD II

The Air Resources Board has amended the HD-OBD regulations as well as the OBD II regulations, for medium-duty diesel engines and vehicles (which are no t part of Maryland’s Clean Cars program). The purpose of HD-OBD and OBD II regulations is to reduce motor vehicle and motor vehicle engine emissions by es tablishing standards and other requirements for OBD systems installed on motor vehicles for sale in California. The proposed amendments are to reaffirm and make more explicit these intentions of OBD, as well as to better align the mediumduty regulations with th e heavy-duty regulations.

While Maryland did not adopt Ca lifornia’s medium-duty or h eavy-duty engine and vehicle regulations, some changes do apply to sections that were Incorporated by Reference into the Maryland regulations. This amendment has no regulatory effect on Ma ryland’s Clean Cars Program.



### Affected Sources

These amendments apply to automobile manufactu rers that produce new mo tor vehicles for sale in Maryland. All vehicle type s that have a gross vehicle we ight rating of less than 14,000 pounds are affected. For purposes of these regula tions, transfer means to sell, import, deliver, purchase, lease, rent, acquire, or receive a motor vehicle for titling or re gistration 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 au tomobile 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. Since these changes to the California regulations have alre ady been implemented in California (and other states that have adopted the program), automobile manufacturers, as national manufacturers, are already producing vehicles that comply with th ese revised regulations. The changes to the GHG component essentially eliminates any need for manufacturers to develop two different vehicles for the country, one certified for California and other Clean Car States and one certified for the rest of the country.1800 Washington Boulevard | Baltimore, MD 21230-1718 | www.mde.state.md.us 410-537-3000 | 800-633-6101 | TTY Users: 800-735-2258 4 These amendments will have no economic impact on the MDE. They also will have no impact on the Motor Vehicle Administration’s registra tion, data management, and dealer oversight activities related to this program.

Economic Impact on Consumers and Dealers

There will be minimal economic impact to cons umers. Manufacturers will now be allowed to produce one vehicle that will meet both the Cali fornia and federal GHG standards. This will reduce the burden on manufacturers to comply with the GHG standard in Maryland, preserving the ability of Maryland citizens to pur chase the vehicles they desire.

Economic Impact on Small Businesses

These amendments impact the vehicle productio n and certification proc esses that are only applicable to the manufacturers of new moto r vehicles. The Department expects these amendments to have no impact on small businesses.



### Emissions Benefits

These amendments are expected to have a sm all impact on the emissions benefits of the Advanced Clean Cars Program in the future. The changes addressed by this proposed action are mostly administrative updates. The GHG change s essentially eliminate the California reduction standards and replace them w ith a national standard. The GHG changes provide manufacturers greater flexibility in complying with these provisi ons of the program and are expected to provide

some benefits due to non-Cal LEV vehicles be ing introduced to the state and from traveling through the state.



### 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 stri ngent NMOG, NOx, and GHG em issions 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), 2013 Report to the Joint Administrative, Executiv e, and Legislative Review (AELR) Committee.

Maryland Department of the Environment, Technical Support Document for the Low Emissions Vehicle Program, 2007.