Technical Support Document

Department of the Environment 

Amendments to COMAR 26.11.34.02 Low Emissions Vehicle Program

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

. All 

 order to retain the Clean Car Program, Maryland’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 two emissions certification 

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

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. 

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

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previously. 

Primary Purpose of these Amendments 

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to reflect the changes made to the California regulations since their 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 remain as originally adopted in 2007. 

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

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

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Implementation Plan (SIP).

Background 

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

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. 

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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 fue

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

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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 starting in 2017. California has agreed to allo

compliance with the EPA standards to satisfy compliance with its own standards, as it has do
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410-537-3000 | 800-633-6101 | TTY Users: 800-735-2258 

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The Maryland 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 

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 changes have already been implemented in California as well as other states that 

ave adopted the CALEV program. Essentially, the 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 diagnostics (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 program implementation and requirements in Maryland 

r Federal Compliance Option

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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 ou

regulations. 

The proposed

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merely updates to existing test procedures and provisions and will have minimal, if any, impact 

on the cost or implementation of the program in Maryland. 

 

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These amendments update Maryland

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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 2 major areas: 

• Non-substantive changes to the heavy-d

• Allowing compliance with the National greenhouse gas (GHG) standards to satisfy the 

requiremen

The most significant change is to the Greenhouse Ga

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to allow compliance with the EPA standards to satisfy compliance with its standards for model 

years 2017 thru 2025. 

Although some changes

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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

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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 California’s greenhouse gas 

standards. California, as part of the compromise for the national program with the auto 

manufacturers, agreed to amend its greenhouse gas regulations to allow compliance with the 
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410-537-3000 | 800-633-6101 | TTY Users: 800-735-2258 

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federal standard to satisfy compliance with its own standards. This will eliminate manufacturer 

opposition to producing two different cars to meet two 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 clarified language in the LEV regulation concerning testing and 

certification procedures, and warranty 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 not 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 establishing 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 the heavy-duty regulations. 

While Maryland did not adopt California’s medium-duty or heavy-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 Maryland’s Clean Cars 

Program. 

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. Since these 

changes to the California regulations have already been implemented in California (and other 

states that have adopted the program), automobile manufacturers, as national manufacturers, are 

already producing vehicles that comply with these 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. 
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410-537-3000 | 800-633-6101 | TTY Users: 800-735-2258 

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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

There will be minimal economic impact to consumers. Manufacturers will now be allowed to 

produce one vehicle that will meet both the California 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 purchase the vehicles they desire. 

Economic Impact on Small Businesses

These amendments impact the vehicle production and certification processes that are only 

applicable to the manufacturers of new motor vehicles. The Department expects these 

amendments to have no impact on small businesses. 

Emissions Benefits 

These amendments are expected to have a small 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 changes essentially eliminate the California reduction 

standards and replace them with a national standard. The GHG changes provide manufacturers 

greater flexibility in complying with these provisions of the program and are expected to provide 

some benefits due to non-Cal LEV vehicles being 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 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),

2013 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.