# COMAR Title 26 — Department of the Environment ## Subtitle 11 — Air Quality ### Chapter 20 — Mobile Sources **Authority:** Environment Article, §§2-102, 2-103, and 2-301, Annotated Code of Maryland **Administrative History:** Effective date: July 18, 1980 (7:12 Md. R. 1148) **Administrative History:** For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. **Administrative History:** Regulation .01 recodified as Regulation .06 and new Regulations .01 and .03—.05 adopted effective November 19, 1983 (10:20 Md. R. 1786) **Administrative History:** Chapter recodified from COMAR 10.18.22 to COMAR 26.11.20 **Administrative History:** 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 R. 338); emergency status expired June 26, 1989 **Administrative History:** Regulations .01 and .03—.05 repealed and Regulations .02 and .06 recodified as Regulations .01 and .02 effective June 26, 1989 (16:10 Md. R. 1110) **Administrative History:** Regulation .02 repealed and new Regulation .02 adopted effective February 7, 2022 (49:3 Md. R. 139) **Administrative History:** Regulation .02A, C amended effective January 9, 2023 (49:27 Md. R. 1111) **Administrative History:** Regulation .02F repealed effective March 30, 2026 (53:6 Md. R. 293) **Administrative History:** Regulation .03 adopted effective October 26, 1992 (19:22 Md. R. 1991 and 19:21 Md. R. 1894) **Administrative History:** Regulation .04 adopted effective March 22, 1999 (26:6 Md. R. 488) **Administrative History:** Regulation .05 adopted effective July 10, 2000 (27:13 Md. R. 1212) **Administrative History:** Regulation .06 adopted effective December 10, 2001 (28:24 Md. R. 2132) **Administrative History:** Regulation .06D amended effective May 9, 2005 (32:9 Md. R. 850) #### Regulation .01 Visible Emissions from Ships. *COMAR 26.11.20.01* A person or agent may not cause or permit the discharge of emissions from any ship in excess of the following limits: Operating Mode Chart Number Allowable Time A. Underway, at berth, or at anchor 20%—1 No limit. B. Soot blowing: (1) Underway within 1 mile (1.6 kilometer) of any shore — No soot blowing allowed. (2) At berth or anchor: (a) Within first or last 24 hours of arrival or departure — No soot blowing allowed. (b) Any other 24-hour period No limit. 15 minutes for each boiler in operation provided that no nuisance is created. C. Cleaning and adjusting of combustion equipment while at berth or anchor 40%—2 Not to aggregate more than 4 minutes in any 60-minute period. D. Start-up of cold boiler or engine No limit 5 consecutive minutes. 60%—3 10 consecutive minutes additional. E. Anchoring, berthing, or other maneuvering requiring rapid changes in power 80%—4 No limit. F. Upset/breakdown/emergency casualty or Coast Guard safety tests No limit No limit. The control officer shall be notified as to the reason for the excessive emissions. G. Docktrials of new or rebuilt boilers or engines No limit No limit provided a nuisance is not created and the control officer has been notified before 3 p.m. the day before the docktrials are to be conducted. #### Regulation .02 Motor Vehicle Emission Control Devices. *COMAR 26.11.20.02* A. Definitions. (1) “Air pollution control system” means any device or element of design installed on or in a motor vehicle or motor vehicle engine in order to comply with pollutant emission restrictions established for the motor vehicle or motor vehicle engine by federal or State statute or regulation. (2) “Gross vehicle weight rating (GVWR)” means the value specified by the manufacturer as the maximum loaded weight of a single or combination vehicle. (3) “Motor vehicle" means any self-propelled vehicle powered by an internal combustion engine and designed for use on public roads, such as automobiles, trucks, and buses. (4) “Tamper” means to remove, alter, or otherwise render inoperative an air pollution control system. (5) “Wholesale” means a transaction in which a vehicle is purchased for resale by a non-retail purchaser. B. Applicability. The provisions of this regulation apply to all motor vehicles, except as listed in §C of this regulation. C. Exemptions. (1) This regulation does not apply to: (a) The offering for sale, sale, or transfer, by a dealer, as that term has the meaning stated in the Transportation Article, §11-111, Annotated Code of Maryland, of a new motor vehicle that has never been registered for use; (b) The sale or transfer of a motor vehicle for the sole purpose of scrapping, dismantling, destroying, or any similar activity, if sufficient documentation and proof is provided to the Department’s satisfaction within 30 days of sale or transfer; (c) A vehicle that has been issued a certificate of salvage by the Maryland Motor Vehicle Administration, or a similar ownership document from within Maryland or another state as approved by the Department, that establishes a motor vehicle will not be operated on public roads; (d) The offering for sale, sale, or transfer of a motor vehicle by auction where the auctioneer or facilitating auction is acting on behalf of a seller, secured party, or owner where the title does not pass to the auctioneer or to the facilitating auction location; (e) The offering for sale, sale or transfer of a motor vehicle by an insured or claimant to an insurer; (f) Vehicles manufactured without emissions systems; (g) Motorcycles; or (h) Vehicles sold at wholesale. (2) This regulation does not prevent the service or repair of any air pollution control system. D. Anti-Tampering Prohibitions. (1) A person may not tamper with any air pollution control system on a motor vehicle or on a motor vehicle engine. (2) A person may not operate a motor vehicle originally equipped with an air pollution control system unless that system is in place and in operating condition. (3) A person may not manufacture, offer for sale, sell, install or use a device that prevents any air pollution control system from functioning as designed by the original manufacturer. (4) A person may not offer for sale, lease, sell, auction, or transfer a motor vehicle with an air pollution control system that has been tampered with or removed or is otherwise not functional as designed by the original manufacturer. E. Compliance Inspections. (1) The Department or its agents have the right to conduct inspections of new and used motor vehicles for the purposes of determining compliance with the requirements of this regulation. (2) The inspections authorized under §E(1) of this regulation may: (a) Be conducted on any premises owned, operated, used, leased, or rented by any vehicle dealer; (b) Extend to all air pollution control systems and their operation; (c) Require the on-premises operation and testing of an engine or vehicle; and (d) Require inspection of any related records, including records of emissions-related part repairs performed under warranty. (3) Refusal to allow, or interference with, the inspections under this section shall be considered a violation of this regulation. (4) A person who violates any provision of this regulation is subject to the sanctions set forth in Environment Article, Title 2, Annotated Code of Maryland. Each noncompliant vehicle is a separate violation. #### Regulation .03 Motor Vehicle Fuel Specifications. *COMAR 26.11.20.03* A. Definitions. For the purposes of this regulation, the definitions specified in COMAR 03.03.05.01 and COMAR 03.03.06 apply. B. Applicability. Unless otherwise indicated in COMAR 03.03.05 and COMAR 03.03.06, this regulation applies Statewide. C. Volatility. Unless the gasoline is segregated and clearly documented as noncomplying and not for sale or supply to an ultimate consumer in an applicable control area, a person may not produce, store, transport, supply, offer to supply, transfer or otherwise handle, sell, offer for sale, or dispense gasoline that does not comply with the vapor pressure requirements specified in COMAR 03.03.05.01-1D, as applicable during the period May 1 through September 15 inclusive, and the requirements of COMAR 03.03.06. D. Oxygen Content. Unless the gasoline is segregated and clearly documented as noncomplying and not for sale or supply to an ultimate consumer in an applicable control area, a person may not produce, store, transport, supply, offer to supply, transfer or otherwise handle, sell, offer for sale, or dispense gasoline that does not comply with the oxygen content requirements specified in COMAR 03.03.05.01-1N and COMAR 03.03.06. E. Record Keeping and Transfer Documentation. A person who handles, transports, or otherwise transfers gasoline shall comply with the record-keeping and transfer documentation requirements of COMAR 03.03.06. F. Inspections. The Department and its representatives have the right to enter at reasonable times and inspect any site, building, or equipment to determine compliance with the requirements of this regulation. #### Regulation .04 National Low Emission Vehicle Program. *COMAR 26.11.20.04* A. Definitions. In this regulation, the following terms have the meanings indicated: (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) “Light-duty truck” means a motor vehicle, rated at 6,000 pounds gross vehicle weight or less, which is: (a) Designed primarily for purposes of transportation of property or is a derivative of such a vehicle; or (b) Available with special features enabling off-street or off-highway operation and use. (3) “Medium-duty vehicle” means any: (a) Pre-1995 model year heavy-duty vehicle having a manufacturer's gross vehicle weight rating of 8,500 pounds or less; (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 (c) 1995 and subsequent model year heavy-duty vehicle having a manufacturer's gross vehicle weight rating of 14,000 pounds or less. (4) “National LEV” means the Voluntary National Low Emission Vehicle Program whose provisions appear at 40 CFR Part 86, Subpart R. (5) “Passenger car” means a motor vehicle designed primarily for transportation of individuals and having a design capacity of 12 individuals or less. B. All other terms have the meanings specified in 40 CFR Part 86, Subpart R. C. Applicability. This regulation applies Statewide. D. General. (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) 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) 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. #### Regulation .05 Diesel Vehicle Emissions Control Program. *COMAR 26.11.20.05* The regulations found in COMAR 11.21.02 have been jointly adopted by the Department of the Environment, the Department of State Police, and the Department of Transportation, and will not be duplicated in Title 26. These regulations should be cited under COMAR 11.21.02. #### Regulation .06 Heavy Duty Diesel Engines. *COMAR 26.11.20.06* A. This regulation applies to: (1) Heavy-duty diesel engines produced for the 2005 and subsequent model years; and (2) New motor vehicles containing heavy-duty diesel engines produced for the 2005 and subsequent model years. B. Exemptions. This regulation does not apply to: (1) 2005 or subsequent model year heavy-duty diesel engines manufactured: (a) By an ultra-small volume manufacturer; or (b) For use in an urban bus; (2) Heavy-duty diesel engines for which the California Air Resources Board, following a technology review in 2003, determines that compliance is inappropriate for engines of a particular model year and engine family; (3) Vehicles: (a) Exempted from the provisions of Title 13, CCR, §1956.8 by the California Health and Safety Code, §43656; (b) For which there has been issued a federal certificate of conformity under the Clean Air Act (42 U.S.C. §7401 et seq.) and which was originally registered in another state by a resident of that state who: (i) Subsequently establishes residency in Maryland; and (ii) Upon registration of the vehicle in Maryland, provides satisfactory evidence to the Motor Vehicle Administration of the previous residence and vehicle registration; or (c) Acquired out-of-State by a resident of Maryland at the time of and for the purpose of replacing a vehicle registered to the resident which was: (i) Damaged or became inoperative beyond reasonable repair while out-of-State; or (ii) Stolen while outside of Maryland; (4) Emergency vehicles; (5) Military tactical vehicles and equipment; or (6) Vehicles transferred by: (a) Inheritance; or (b) Any of the following actions entered by a court of competent jurisdiction; (i) Divorce; (ii) Dissolution; or (iii) Legal separation. C. Definitions. In this regulation, the following terms have the meanings indicated. (1) “CCR” means California Code of Regulations. (2) “Department” means the Department of the Environment. (3) “Executive order” means a document issued by the California Air Resources Board certifying that a specified engine family or model year vehicle has met all applicable Title 13 CCR requirements for certification and sale in California. (4) “Heavy-duty diesel engine” means a diesel engine that is used to propel a heavy-duty motor vehicle. (5) “Heavy-duty motor vehicle” means a motor vehicle with a gross vehicle weight rating of 14,001 pounds or greater. (6) “Model year” means: (a) The manufacturer's annual production period, which includes January 1 of a calendar year; (b) The calendar year, if the manufacturer has no annual production period; or (c) In the case of a vehicle manufactured in two or more stages, the date of completion of the chassis. (7) “New motor vehicle” means a motor vehicle, the equitable or legal title to which has never been transferred to an ultimate purchaser. (8) “New motor vehicle engine” means a new engine in a motor vehicle. (9) “Title 13, CCR, §1956.8” means the California Code of Regulations section pertaining to exhaust emission standards and test procedures for 1985 and subsequent model year heavy-duty engines and vehicles, which is incorporated by reference in §D of this regulation. (10) “Ultimate purchaser” means, with respect to a new motor vehicle or new motor vehicle engine, the first person who in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale. (11) “Ultra-small volume manufacturer” means a manufacturer with California sales, based on the average number of vehicles and engines sold by the manufacturer in the previous three consecutive model years, of 300 or fewer of the following vehicles per model year: (a) Passenger cars; (b) Light-duty trucks; (c) Medium-duty vehicles; (d) Heavy-duty vehicles; and (e) Heavy-duty engines. (12) “Urban bus” has the meaning stated in Title 13, CCR, Division 3, Chapter 1, Article 2, §1956.2. D. Incorporation by Reference. The provisions of Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1956.8 Exhaust Emission Standards and Test Procedures—1985 and Subsequent Model Heavy-Duty Engines and Vehicles, as amended December 12, 2002, and the definition for urban bus under Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1956.2, are incorporated by reference, but only those provisions that pertain to the requirements for Model Year 2005 and subsequent heavy-duty diesel engines and heavy-duty diesel vehicles with a gross vehicle weight rating of 14,001 pounds or greater. E. Requirements for Vehicle Registration, Transaction, and Use. For 2005 or later model year heavy-duty diesel engines, or motor vehicles containing these engines, which are primarily intended for use or registration within Maryland, a resident of Maryland or a person who operates a business within Maryland may not commit the following acts, unless the engine manufacturer has received a California executive order for that engine: (1) Sell, lease, rent, import, deliver, purchase, acquire, or receive in Maryland; (2) Offer for sale, lease, or rental in Maryland; or (3) Attempt or assist in the actions listed in §E(1) and (2) of this regulation. F. Manufacturer Compliance with California Orders and Voluntary Recalls. (1) Any order or enforcement action taken by the California Air Resources Board to correct noncompliance with the requirements under Title 13, CCR, §1956.8, shall be applicable to all such engines and motor vehicles subject to this regulation, unless the manufacturer demonstrates to the Department's satisfaction, within 21 days of issuance of the California Air Resources Board action, that this action is not applicable to such engines or vehicles in Maryland. (2) Any voluntary or influenced emission-related recall campaign initiated by any manufacturer under Title 13, CCR, §§2113—2121, shall extend to all applicable engines and motor vehicles subject to this regulation, unless the manufacturer demonstrates to the Department's satisfaction, within 21 days of the approval of the campaign by the California Air Resources Board action, that this campaign is not applicable to such engines or vehicles in Maryland. G. Termination of this Regulation. If the U.S. Environmental Protection Agency establishes heavy-duty diesel engine standards that are at least as stringent as the standards adopted under this regulation, this regulation and any programs or policies established under this regulation shall be terminated at the end of the model year during which the U.S. Environmental Protection Agency standards are effective.