PROPOSED ACTION ON REGULATIONS

1986

MARYLAND REGISTER, VOLUME 40, ISSUE 23, FRIDAY, NOVEMBER 15, 2013 (m) Refinishing of motor vehicles subject to COMAR 26.11.19.23; (n) Marine vessel coating subject to COMAR 26.11.19 .27; and (o) Pleasure craft coating subject to COMAR 26.11.1 9.27-1. (3) This regulation does not apply to repair or tou ch-up coatings when applied using a hand-held, pressurize d, non-refillable container which expels coatings from the container in a finely divided spray when a valve on the container is depressed. (4) The emission standards in §D and application m ethods of §E of this regulation do not apply to application o f the following coatings to the surface of any metal part or produc t which will be assembled with other metal, wood, fabric, plastic, or glass parts: (a) Stencil coatings; (b) Safety-indicating coatings; (c) Magnetic data storage disk coatings; and (d) Electric-insulating and thermal-conducting coat ings. (5) The emission standards in §D and application me thods of §E of this regulation do not apply to plastic extru ded onto metal to form a coating on any metal part or product which w ill be assembled with other metal, wood, fabric, plastic, or glass p arts. D. Emission Standards

**.** (1) A person subject to this regulation may not exc eed the applicable VOC emission standards of the following table when applying a metal furniture coating:

Coating Type Baked Air-Dried

Lbs/gal Kg/l Lbs/gal Kg/l
General, one-component 2.3 0.275 2.3 0.275 General, multi-component 2.3 0.275 2.8 0.340 Extreme performance 3.0 0.360 3.5 0.420 Metallic 3.5 0.420 3.5 0.420 Pretreatment 3.5 0.420 3.5 0.420 Solar absorbent 3.0 0.360 3.5 0.420 Extreme high gloss 3.0 0.360 2.8 0.340
(2) A person subject to this regulation may not exc eed the applicable VOC emission standards of the following table when applying a metal parts and products coating:

Coating Type Baked Air-Dried

Lbs/gal Kg/l Lbs/gal Kg/l
General, one component 2.3 0.275 2.8 0.340
General, multi-component 2.3 0.275 2.8 0.340 Adhesion promoter 4.0 0.479 4.0 0.479 Prefabricated architectural onecomponent and multicomponent 2.3 0.280 3.5 0.420

Military specification 2.3 0.280 2.8 0.340 Extreme high-gloss; extreme performance; heat-resistant; high performance architectural; repair coating; solar absorbent; or touch up coating 3.0 0.360 3.5 0.420 Camouflage, electricinsulating varnish; etching filler; high temperature; metallic; mold-seal; pan backing; pretreatment; siliconerelease and vacuummetalizing 3.5 0.420 3.5 0.420

E. Application Methods. (1) Except as provided in §E(2), a person subject t o the requirements of this regulation shall use the follo wing application methods:(a) Electrostatic application; (b) HVLP spray; (c) Flow coat; (d) Roller coat; (e) Dip coat including electrodeposition; (f) Brush coat; or (g) A coating application method capable of achieving a transfer efficiency equivalent to or better than th e efficiency achieved by HVLP spraying. (2) The application requirements of §E(1) do not ap ply to the following coating operations: (a) Repair coatings; (b) Touch-up coatings; (c) Coatings applied to create a textured finish; o r (d) Robotic application of heavy-duty engine coatings. **ROBERT M. SUMMERS, Ph.D. Secretary of the Environment** 


# Subtitle 11 AIR QUALITY 26.11.34 Low Emissions Vehicle Program

**Authority: Environment Article, §§1-404, 2-102, 2-1 03, 2-301, 2-1102, and 2-** 

**1103, Annotated Code of Maryland**
Notice of Proposed Action **[13-347-P-I] The Secretary of the Environment proposes to amend**  **Regulation** .02 **under** COMAR 26.11.34 Low Emissions Vehicle Program

**.**

Statement of Purpose **The purpose of this action is to update COMAR 26.11 .34.02**  **Incorporation by Reference to reflect the changes m ade to the**  **California regulations since their last update. These amendments will be submitted to the U.S. Envi**  **ronmental**

**Implementation Plan (SIP).**

**Background Vehicles sold in the United States must be certifie**  **d under one of two certification programs: the federal program (Ti**  **er 2) or the California program (the Clean Car Program). Section** **177 of the Clean Air Act Amendments of 1990 provides states th**  **e ability to adopt the California program in lieu of the federal** **program as long as the adopted state program is identical to the Calif**  **ornia program and the state allows two model years lead time from ado**  **ption to implementation.**  **The Maryland Clean Cars Act of 2007 required the Ma ryland**  **Department of the Environment (MDE) to adopt regula tions**  **implementing the California Clean Car Program (also referred to as**  **the California Low Emissions Vehicle Program-CAL LE V) in** 

**incorporation by reference, the applicable Californ ia regulations. The** PROPOSED ACTION ON REGULATIONS 1987

MARYLAND REGISTER, VOLUME 40, ISSUE 23, FRIDAY, NOVEMBER 15, 2013 **Cal LEV program is a dynamic, changing program in w hich many of**  **the relevant California regulations are continuousl y updated. To** 

**their regulations, hence when California updates it s 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 pro gram.**  **Essentially, the changes in this proposed action ar e merely updates to**  **existing test procedures and provisions and will ha ve minimal, if any,**  **impact on the cost or implementation of the program in Maryland.** 

**Sources Affected and Location These amendments apply to automobile manufacturers**  **that produce new motor vehicles for sale in Maryland. Al**  **l vehicle types that have a gross vehicle weight rating of less tha** **n 14,000 pounds are affected.** 

**Requirements**

**necessary since many of the California regulations that are**  **incorporated into the Maryland regulation have been updated. These**  **individual regulatory changes can be grouped into 2 areas:** 

**-substantive changes to the heavy-duty on-board diagnostics (HD-OBD) and OBD II standards.** 

**standard. These changes are described in greater detail in th**  **e Technical Support Document for this action. The most signific**  **ant change is to**

**GHG standards by complying with the new federal sta ndards for the**  **2017-2025 Model Years. This action is similar to th at taken**  **previously when California allowed compliance with the current**  **federal GHG standards to satisfy compliance with th e CAL LEV II**  **Standard in model year (MY) 2012 thru 2016.**

**Expected Emissions Reductions The OBD related changes to the regulations will not**  **impact the with the**  **National GHG program to satisfy compliance with the California** 

**impact on the benefits. The emissions impact is exp ected to be**  **insignificant since the National GHG program was de veloped in**  **coordination with California and was designed to mi nimize**  **differences in program requirements that ultimately impact the**  **emissions benefits. Once the National program takes effect**  **nationwide, all vehicles sold in the country will p roduce fewer GHG**  **emissions, not just those sold in California and th e other Clean Car**  **states. Any benefit loss associated with this dual compliance**  **mechanism will likely be recovered as these nationa l vehicles travel**  **through Maryland and enter the fleet through other means (used car**  **sales, resident relocations, etc.).**

Comparison to Federal Standards **There is no corresponding federal standard to this proposed action.** 

Estimate of Economic Impact I. Summary of Economic Impact. **The California Advanced Clean Cars Program was adopted in 2012, prior to th**  **e establishment of the 2017-2025 Model Year federal greenhouse gas**  **(GHG) program. Therefore, these amendments are effectivel**  **y an administrative action that will harmonize the feder**  **al and California greenhouse gas programs, resulting in minimal, or n**  **o economic impact on the automobile manufacturers, dealers, an**  **d the public. These changes provide manufacturers greater flexibi**  **lity in complying with these standards and was a change desired by th**  **e vehicle manufacturers. The administrative changes to the MD**  **/HD OBD also have no direct or indirect effect on the public.**  **These amendments will have no economic impact on th e**  **Department. They also will have no impact on the Mo tor Vehicle**  **ht activities related to this program.** 

Revenue (R+/R-) II. Types of Economic Impact. Expenditure (E+/E-) Magnitude

**A. On issuing agency:** NONE **B. On other State agencies:** NONE **C. On local governments:** NONE

Benefit (+) Cost (-) Magnitude

**D. On regulated industries or trade groups:**  (+) Minimal
**E. On other industries or trade groups:**  NONE **F. Direct and indirect effects on public: (1) Cost to consumers**  (+) Minimal **(2) Health/environmental benefits**  (+) Indeterminable
I II. Assumptions. **(Identified by Impact Letter and Number from Section II.)**  **D. The changes to the GHG component will help manuf acturers**  **meet the more stringent requirements. The GHG chang es provide**  **lations, for MY 2017-2025, through meeting the National GHG stan**  **dards; much like the current regulation allows MY 2012-2016 com**  **pliance through meeting the National program. This will help stream** **line the reporting requirements for manufacturers and reduce the regul**  **atory burden for them.**  **F(1). There will be minimal economic impact to cons umers.**  **Manufacturers will now be allowed to produce one ve hicle that will**  **meet both the California and federal GHG standards. This will reduce**  **the burden on manufacturers to comply with the GHG s tandard in**  **Maryland, preserving the ability of Maryland citize ns to purchase the**  **vehicles they desire. F(2). The emissions impact is expected to be insign**  **ificant since the National GHG program was developed in coordinat**  **ion with California and was designed to minimize differences**  **in program requirements that ultimately impact the emissions b**  **enefits. Some benefit could be expected in the future from reduce**  **d GHG emissions from non-Cal LEV cars entering the fleet.** 

Economic Impact on Small Businesses **The proposed action has minimal or no economic impa ct on small**  **businesses.**
Impact on Individuals with Disabilities **The proposed action has no impact on individuals wi th disabilities.** 

Opportunity for Public Comment **The Department of the Environment will hold a publi c hearing on**  **the proposed action on December 18, 2013, at 10 a.m . at the** PROPOSED ACTION ON REGULATIONS

1988

MARYLAND REGISTER, VOLUME 40, ISSUE 23, FRIDAY, NOVEMBER 15, 2013 **Department of the Environment, 1800 Washington Boul evard, 1st**  **Floor Conference Rooms, Baltimore, Maryland 21230-1 720.**  **Interested persons are invited to attend and expres s their views.**  **Comments may be sent to Deborah Rabin, Regulations Coordinator,**  **Air and Radiation Management Administration, Depart ment of the**  **Environment, 1800 Washington Boulevard, Suite 730, Baltimore,**  **Maryland 21230-1720, or emailed to debbie.rabin@mar yland.gov.**  **Comments must be received not later than December 1 8, 2013, or be**  **submitted at the hearing. For more information, cal l Deborah Rabin**  **at (410) 537-3240. Copies of the proposed action and supporting docume**  **nts are available for review at the following locations:** 

**http://www.mde.state.md.us/programs/regulations/air /Pages/req**  **comments.aspx;**

**Salisbury;**

**separate air quality control offices. Anyone needing special accommodations at the public**  **hearing should contact the Department's Fair Practices Offi**  **ce at (410) 537- 3964. TTY users may contact the Department through**  **the Maryland Relay Service at 1-800-735-2258.** 

**Pursuant to State Government Article, §7-207, Anno tated Code of**  **Maryland, the California Code of Regulations (CCR), Title 13 Motor**  **Vehicles, Division 3 Air Resources Board, December 31, 2102**  **Update, has been declared a document generally avai lable to the**  **public and appropriate for incorporation by referen ce. For this reason,**  **it will not be printed in the Maryland Register or the Code of**  **Maryland Regulations (COMAR). Copies of this docume nt are filed**  **in special public depositories located throughout t he State. A list of**  **these depositories was published in 40:1 Md. R. 9 ( January 11, 2013),**  **and is available online at www.dsd.state.md.us. The document may**  **also be inspected at the office of the Division of State Documents, 16**  **Francis Street, Annapolis, Maryland 21401.**

.02 Incorporation by Reference. **A. (text unchanged) B. Documents Incorporated.**  **(1) Title 13, California Code of Regulations (CCR), Division 3,**  **Chapter 1, Article 1, §1900 Definitions, as effecti ve**  [ **August 7,2012** ] December 31, 2012

**. (2) Title 13, California Code of Regulations (CCR),**  **Division 3, Chapter 1, Article 2, §1960.1 Exhaust Emissions Sta** **ndards and Test Procedures**  **1981 through 2006 Model Passenger Cars, Light-Duty and Medium-Duty Vehicles, as effective**  [ **August 7, 2012** ] December 31, 2012

**. (3) (text unchanged)**  **(4) Title 13, California Code of Regulations (CCR), Division 3,**  **Chapter 1, Article 2, §1961 Exhaust Emission Standa rds and Test**  **Procedures 2004 through 2019 Model Passenger Cars, Light-Duty**  **Trucks, and Medium-Duty Vehicles, as effective** [ **August 7, 2012** ] December 31, 2012

**. (5) (text unchanged)**  **(6) Title 13, California Code of Regulations (CCR), Division 3,**  **Chapter 1, Article 2, §1961.2 Exhaust Emission Stan dards and Test**  **Procedures 2015 and Subsequent Model Passenger Cars, Light**  **Duty Trucks, and Medium-Duty Vehicles, as effective** [ **August 7, 2012**  ] December 31, 2012

**. (7) Title 13, California Code of Regulations (CCR),**  **Division 3, Chapter 1, Article 2, §1961.3 Greenhouse Gas Exhaus**  **t Emission Standards and Test Procedures**  **2017 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty**  **Vehicles, as effective**  [ **August 7, 2012** ] December 31, 2012

**. (8) (text unchanged)**  **(9) Title 13, California Code of Regulations (CCR), Division 3,**  **Chapter 1, Article 2, §1962.1 Zero-Emission Vehicle Standards for**  **2009 through 2017 Model Year Passenger Cars, Light- Duty Trucks,**  **and Medium-Duty Vehicles, as effective** [ **August 7, 2012** ] December 31, 2012

**. (10) Title 13, California Code of Regulations (CCR)**  **, Division 3, Chapter 1, Article 2, §1962.2 Zero-Emission Vehi**  **cle Standards for 2018 and Subsequent Model Year Passenger Cars, Ligh**  **t-Duty Trucks, and Medium-Duty Vehicles, as effective**  [ **August 7, 2012** ] December 31, 2012

**. (11)**  **(12) (text unchanged) (13) Title 13, California Code of Regulations (CCR)**  **, Division 3, Chapter 1, Article 2, §1968.2 Malfunction and Di**  **agnostic System Requirements**  **2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Eng**  **ines, as effective**  [ **August 7, 2012** 

### ] July 31, 2013

**. (14) Title 13, California Code of Regulations (CCR)**  **, Division 3, Chapter 1, Article 2, §1968.5 Enforcement of Mal**  **function and Diagnostic System Requirements for 2004 and Subsequ**  **ent Model Year Passenger Cars, Light-Duty Trucks, and Medium-**  **Duty Vehicles and Engines, as effective**  [ **August 7,2012** ] July 31, 2013

**. (15)**  **(16) (text unchanged) (17) Title 13, California Code of Regulations (CCR)**  **, Division 3, Chapter 1, Article 2, §1976 Standards and Test P**  **rocedures for Motor Vehicle Fuel Evaporative Emissions, as effect** **ive** [ **August 7, 2012**  

### ] December 31, 2012

**. (18)**  **(79) (text unchanged)**
**ROBERT M. SUMMERS, Ph.D. Secretary of the Environment** 


# Title 36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Notice of Proposed Action

**[13-361-P] The Maryland State Lottery and Gaming Control Agenc**  **y proposes to amend:**  **(1) Regulations** .02
**,** .03 **, and** .06 **under** COMAR 36.01.03 Voluntary Exclusion and Responsible Gaming **; and (2) Regulations**  .01 **and** .02 **under** COMAR 36.03.06 Enforcement of Voluntary Exclusion Program

**. This action was considered at the Maryland State Lo**  **ttery and Gaming Control Commission open meeting held on Augu**  **st 22, 2013, notice of which was given pursuant to State Governm**  **ent Article, §10-506(c), Annotated Code of Maryland.** 

Statement of Purpose **The purpose of this action is to update the regulat ions of the State**  **Lottery and Gaming Control Agency to incorporate pr ovisions that**  **better define and refine the requirements for VLT a nd Table Games**  **operation and better conform to the Agency's functi ons for expanded**  **gambling.**
Comparison to Federal Standards **There is no corresponding federal standard to this proposed action.**