Technical Support Document

Department of the Environment 

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 update in 2009 and 2011. 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. 

California has adopted a new set of amendments called the Cal LEV III amendments, also known 

as the Advanced Clean Cars Program. The Cal LEV III amendments include proposed changes 

to the LEV II, Greenhouse Gas (GHG), and Zero Emission Vehicle (ZEV) standards. These 

amendments to Maryland’s implementing regulations require that all new 2015 and subsequent 

model year vehicles transferred (including titled and registered) in the State of Maryland be 

certified to meet the new California emission standards. The LEV III standards will be phased in 

from 2015-2025, and will significantly reduce criteria pollutants from motor vehicles. The new 

GHG emission standard will phase-in from 2017-2025, and develops a ‘footprint’ curve to 

establish GHG targets for vehicle models based on their size. Proposed changes to the ZEV 

regulation aim to simplify the program, as well as increase requirements for the deployment of 

ZEV vehicles starting in 2018. 

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The Advanced 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) even more than the current Clean Car Program. An important component of this part of 

the program is the zero emission vehicle (ZEV) requirement, which requires the manufacturers 
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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, as well as the recent introduction of 

plug-in hybrid and electric vehicles. The second objective of the program is to reduce 

greenhouse gas (GHG) emissions. 

The Maryland Clean Cars Act of 2007 required the Department of the Environment (MDE) to 

adopt regulations implementing the Cal LEV Program in Maryland. MDE’s implementing 

regulations adopted, through incorporation by reference, the applicable California regulations. 

The Cal LEV program is a dynamic, changing program in which many of the relevant California 

regulations are routinely reviewed and updated. To continue to implement California’s 

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

updates its regulations, MDE must reflect these changes by amending COMAR 26.11.34.02. 

This action incorporates changes made by California to the applicable regulations incorporated 

by reference into the Maryland program. 

The proposed changes were approved by the California Air Resource Board in 2012. These 

amendments represent a significant update to the Clean Cars Program, but 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 3 major areas: 

• Low Emission Vehicle (LEV) III. 

• Zero Emission Vehicle (ZEV) Program 

• Greenhouse Gas (GHG) Emission Standards 

The Cal LEV III amendments include proposed changes to the LEV II, Greenhouse Gas (GHG), 

and Zero Emission Vehicle (ZEV) standards. LEV III regulates criteria pollutants, and requires 

that all new 2015 and subsequent model year vehicles transferred (including titled and 

registered) in the State of Maryland be certified to meet the new California emission standards. 

The LEV III standards will be phased in from 2015-2025. The new GHG emission standard will 

phase-in from 2017-2025, and develops a ‘footprint’ curve to establish GHG targets for vehicle 

models based on their size. Proposed changes to the ZEV regulation aim to simplify the program, 

as well as increase requirements for the deployment of ZEV vehicles starting in 2018. 

1) Low Emission Vehicle (LEV) III Standards

This amendment sets new, ever more stringent, standards for criteria pollutants, reducing fleet 

wide average emissions so that new vehicles will produce 75% less smog-forming pollution than 

the average new car sold today, by 2025. The new regulation removes the individual NonMethane Organic Gas (NMOG) and Nitrogen Oxides (NOx) standards, and replaces them with 
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a combined NMOG and NOx emission standard. The combined standard provides manufacturers 

with greater flexibility in developing their own internal compliance strategies. The combined 

NMOG + NOx standard will decline from 0.100 grams per mile for passenger cars and light-duty 

truck 1s and 0.119 grams per mile for light-duty truck 2s and medium duty passenger vehicles in 

2015 to 0.03 grams per mile for all vehicle categories by 2025. Also added are more stringent 

particulate matter (PM) standards for light- and medium-duty vehicles as well as zero fuel 

evaporative emission standards. 

The amendment also increases the emission system durability warranty requirements to 150,000 

miles, in order to ensure vehicles maintain their low emissions for the life of the vehicle, as well 

as provide more stringent evaporative emission standards for personal cars, light-duty, and 

medium-duty vehicles. 

2) Zero Emission Vehicle (ZEV) Program

The ZEV program can be seen as the technology-forcing piece of the Cal LEV III Program, 

designed to spur commercialization of zero emission vehicles. The changes in this amendment 

provide compliance flexibility in the near term. CARB has removed credit expirations, lowered 

the requirements for intermediate volume manufacturers, and extended the ‘travel provision’ that 

allows eligible ZEVs placed in California or any 177 state to count towards the ZEV 

requirements in all states through 2017. The ‘travel provision’ was originally set to expire after 

2014. 

Beginning with model year 2018, the amendments are intended to reflect the growing role that 

plug-in hybrid and electric vehicles will have in achieving future air quality improvement goals. 

Commercialized technologies like clean conventional vehicles and traditional hybrids will no 

longer generate credits towards ZEV compliance, in order to focus on pure ZEVs, such as battery 

electrics and Transitional ZEVs, such as plug-in hybrids. The amendments also greatly increase 

the requirements for ZEV deployment starting in 2018 and beyond. 

Included in the amendments is an Alternative Compliance Path that manufacturers can choose to 

ease their burden of compliance in 177 states, by increasing the ZEV requirements for model 

year 2016 and 2017, as well as requiring a small number of ZEVs actually be delivered for sale 

in the 177 states in these early years, while slightly reducing the ZEV requirements for MY 2018 

and beyond. Compliance is eased as well by creating a West and East regional pool that 

manufacturer’s can use to meet the 177 state’s requirements. This compliance option will 

provide flexibility to manufacturers to place ZEVs in states where the market is better prepared, 

while still providing benefits to the region. Manufacturer’s will be able to trade credits from 

states in the same region, without a penalty, and will also be able to trade credits from the East or 

West pool to the other pool, but will incur a thirty-percent penalty, meaning a 100 credit deficit 

in the East pool could be offset by trading 130 credits from the West pool. The creation of 

regional pools will help ensure some ZEVs are placed in the northeast region, thereby providing 

some regional benefits from ZEVs to all of the 177 states. 

3) Greenhouse Gas Emission Standards

The GHG standards expand on the current emission standards set for MY 2009-2016 vehicles. 

The new amendments phase-in from MY 2017-2025, and aims to reduce GHG emissions from 
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new vehicles by 34 percent. The new standard establishes a ‘footprint’ curve where GHG 

reduction targets are set based on the overall size of the vehicle. By basing the GHG reduction 

targets on vehicle size, the level of difficulty in meeting the standard is the same for smaller and 

larger vehicles. This will allow manufacturers to have the flexibility needed in determining how 

their fleet will meet the new requirements. 

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 

There is an economic impact associated with these regulations. Due to the emissions control 

technology required to meet these emissions standards, California has estimated that the average 

new vehicle purchase costs will increase by about $1,900 when the more stringent requirements 

take effect. However, these increased purchase costs are expected to be offset by reduced 

operating costs, ultimately resulting in a net savings of up to $4,000 over the lifetime of the 

vehicles. While other cost estimates for the program may be higher, they do not alter the 

fundamental cost effectiveness of the program and consumers will see benefits within the 

expected average lifetime of the vehicle. 

The implementation of this program will benefit the public by helping to improve Maryland's air 

quality and will result in fewer negative health effects on the general public from air pollution. 

Economic Impact on Automobile Manufacturers and MDE

As of 2012, thirteen states, as well as the District of Columbia have adopted the Cal LEV II 

standards. These states are currently in the process of adopting the Cal LEV III amendments. 

Once every state adopts the new standards, Cal LEV III certified vehicles will be required for 

more than thirty percent of the new car market. Implementation of this program in Maryland is 

not expected to significantly impact manufacturers’ production as necessary modifications will 

have to occur in order to comply with the amendments in California and the other 177 states. As 

in the past, manufacturer costs are expected to be distributed among all vehicles in all states. 

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

Average new vehicle purchase costs are estimated to increase by $1,900 by 2025, when the 

program is fully phased-in. However, these costs are expected to be offset by savings due to 

reduced operating and maintenance costs. The savings will vary by individual vehicle and 
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consumer. California estimates a net savings of about $4,000 over the lifetime of vehicle 

ownership, with a payback period for a MY 2025 vehicle being under 3 years. 

MDE does not believe that the program will have any significant affect on Maryland dealers’ 

ability to sell cars to Maryland consumers or to consumers in adjacent states. Maryland dealers 

will be able to sell both California Clean Cars and federal Tier 2 cars, however they can only sell 

and title Clean Cars to Maryland residents. Dealers may potentially realize an increase in sales 

as environmentally and economically conscientious consumers seek to purchase these clean cars. 

Implementation of the program should not impact dealer operations or result in any change from 

current operations from a consumer viewpoint. Vehicles will be delivered by manufacturers to 

dealers in Maryland that meet California emissions standards. A Maryland consumer will 

purchase a new vehicle. The selling dealer will transfer the certificate of origin to the State and 

issue tags to the consumer. The state will confirm emissions compliance (along with compliance 

to other non-emissions requirements) and issue a Maryland title to the consumer. There should 

be no changes from the way the current Clean Cars Program operates. 

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. To the extent that small businesses 

purchase new vehicles subject to these new emission standards, this program will have an 

economic impact on them. However, due to reduced fuel usage and operating costs, the 

businesses can anticipate eventual savings from the Advanced Clean Cars Program. 

Emissions Benefits 

The Advanced Clean Car Program will reduce emissions of GHG, NOx, VOCs, and air toxics 

(benzene, 1,3-butadiene and acetaldehyde). Greenhouse gases are the primary pollutants that 

cause global warming. Maryland, and the Chesapeake Bay, are particularly vulnerable to the 

affects of global warming. Major concerns include a rise in coastal waters, loss of aquatic life 

(impacts to oysters, crabs and the bay ecosystem) and the potential of extreme weather 

conditions. GHG emissions contribute significantly to global warming. In Maryland, about one 

third of the GHG emissions come from motor vehicles. The Clean Car Program will reduce 

GHG emissions from motor vehicles and is absolutely critical as part of our effort to address 

global warming. 

Maryland’s challenges to meeting the federal health standards for ozone and fine particles are 

amongst the toughest in the country. Much of Maryland still remains in ozone nonattainment, 

even after implementation of many federal and state programs that are reducing motor vehicle 

emissions. In addition to being a major contributor to the State’s ozone and fine particulate 

pollution, NOx emissions also adversely impact the Chesapeake Bay. The VOC and NOx 

reductions from the Clean Cars Program will be very important to our efforts to attain and 

maintain these standards. 

Mobile sources are the number one contributor to air toxics in major cities like Baltimore and 

Washington. Air toxics emissions can have a variety of negative effects on public health. 
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While existing programs are gradually reducing exposure to these pollutants, the deeper and 

quicker reductions under the Clean Car Program will bring healthier air to Maryland’s citizens 

sooner. 

California estimates that the full emissions benefits of the Advanced Clean Cars Program will be 

realized in the 2035-2040 timeframe, when nearly all vehicles operating in the fleet would be 

compliant with the new standards. By 2035, California estimates emissions for volatile organic 

compounds (VOCs) would be reduced by an additional 21% from the 2008 baseline, NOx 

emissions would be reduced by an additional 36%, and PM2.5 emissions by an additional 11%. 

Greenhouse gas emissions are estimated to be reduced by an additional 3% by 2020, increasing 

to 27% by 2035. 

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),

2012 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. 

California Environmental Protection Agency, Air Resources Board, Advanced Clean Cars 

Summary, 2012.