1. A. Definitions. In this regulation, the following terms have the meanings indicated:

   1. (1) “Heavy-duty vehicle” means a motor vehicle having a manufacturer's gross vehicle weight rating greater than 6,000 pounds, except passenger cars.

   2. (2) “Light-duty truck” means a motor vehicle, rated at 6,000 pounds gross vehicle weight or less, which is:

      1. (a) Designed primarily for purposes of transportation of property or is a derivative of such a vehicle; or
      2. (b) Available with special features enabling off-street or off-highway operation and use.

   3. (3) “Medium-duty vehicle” means any:

      1. (a) Pre-1995 model year heavy-duty vehicle having a manufacturer's gross vehicle weight rating of 8,500 pounds or less;
      2. (b) 1992 and subsequent model year heavy-duty low-emission vehicle or ultra-low-emission vehicle, or zero-emission vehicle, having a manufacturer's gross vehicle weight rating of 14,000 pounds or less; or
      3. (c) 1995 and subsequent model year heavy-duty vehicle having a manufacturer's gross vehicle weight rating of 14,000 pounds or less.
   4. (4) “National LEV” means the Voluntary National Low Emission Vehicle Program whose provisions appear at 40 CFR Part 86, Subpart R.
   5. (5) “Passenger car” means a motor vehicle designed primarily for transportation of individuals and having a design capacity of 12 individuals or less.
2. B. All other terms have the meanings specified in 40 CFR Part 86, Subpart R.
3. C. Applicability. This regulation applies Statewide.

4. D. General.

   1. (1) For the duration of Maryland's participation in the National LEV, manufacturers may comply with the National LEV or equally stringent mandatory federal standards in lieu of compliance with any program, including any mandates for sales of zero emission vehicles, adopted by Maryland pursuant to the authority provided in §177 of the Clean Air Act applicable to passenger cars, light-duty trucks of 6,000 pounds gross vehicle weight rating or less, or medium-duty vehicles of 6,001 to 14,000 pounds gross vehicle weight, if designed to operate on gasoline.
   2. (2) Maryland's participation in the National LEV extends until model year 2006, except as provided in 40 CFR §86.1707. If, not later than December 15, 2000, the U.S. EPA does not adopt emissions standards at least as stringent as the National LEV standards provided in 40 CFR Part 86, Subpart R, that apply to new motor vehicles in model year 2004, 2005, or 2006, Maryland's participation in the National LEV extends only until model year 2004, except as provided in 40 CFR §86.1707.
   3. (3) If a covered manufacturer, as defined at 40 CFR §86.1702, opts out of the National LEV program pursuant to the EPA National LEV regulations at 40 CFR §86.1707, the transition from the National LEV requirements to any Maryland §177 program applicable to passenger cars, light-duty trucks of 6,000 pounds gross vehicle weight or less, or medium-duty vehicles of 6,001 to 14,000 pounds gross vehicle weight, if designed to operate on gasoline, will proceed in accordance with the EPA National LEV regulations at 40 CFR §86.1707.

Authority: Environment Article, §§2-102, 2-103, and 2-301, Annotated Code of Maryland

Effective date: July 18, 1980 (7:12 Md. R. 1148)

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01.

Regulation .01 recodified as Regulation .06 and new Regulations .01 and .03—.05 adopted effective November 19, 1983 (10:20 Md. R. 1786)

Chapter recodified from COMAR 10.18.22 to COMAR 26.11.20

Regulations .01, .03, and .04 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 338); emergency status expired June 26, 1989

Regulations .01 and .03—.05 repealed and Regulations .02 and .06 recodified as Regulations .01 and .02 effective June 26, 1989 (16:10 Md. R. 1110)

Regulation .02 repealed and new Regulation .02 adopted effective February 7, 2022 (49:3 Md. R. 139)

Regulation .02A, C amended effective January 9, 2023 (49:27 Md. R. 1111)

Regulation .02F repealed effective March 30, 2026 (53:6 Md. R. 293)

Regulation .03 adopted effective October 26, 1992 (19:22 Md. R. 1991 and 19:21 Md. R. 1894)

Regulation .04 adopted effective March 22, 1999 (26:6 Md. R. 488)

Regulation .05 adopted effective July 10, 2000 (27:13 Md. R. 1212)

Regulation .06 adopted effective December 10, 2001 (28:24 Md. R. 2132)

Regulation .06D amended effective May 9, 2005 (32:9 Md. R. 850)