Md. Code Regs. 26.11.20.06 - Heavy Duty Diesel Engines

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.

Notes

Md. Code Regs. 26.11.20.06
Regulation .06 adopted effective November 19, 1983 (10:20 Md. R. 1786)
Regulations .06 recodified effective June 26, 1989 (16:10 Md. R. 1110)
Regulation .06 adopted effective December 10, 2001 (28:24 Md. R. 2132)
Regulation .06D amended effective May 9, 2005 (32:9 Md. R. 850)

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