Md. Code Regs. 26.11.34.07 - Initial NMOG Credit Account Balances

A. Establishment of Credit Account Balances.

(1) Upon request by a vehicle manufacturer, the Department shall establish NMOG credit account balances in Maryland that are proportionally equivalent to the NMOG credit balances of each of its NMOG credit accounts maintained in California.

(2) A manufacturer's Maryland NMOG credit account balance shall be determined as specified in §A(3) of this regulation only after all credit obligations for model years 2010 and earlier have been satisfied in California.

(3) To determine Maryland NMOG credit account balances, a manufacturer's California NMOG credit balances shall be multiplied in the following manner:

(a) By the ratio of the average number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in Maryland in model years 2003 through 2005 to the average number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in California in model years 2003 through 2005; or

(b) At the discretion of the vehicle manufacturer, by the ratio of the number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in Maryland in model year 2011 to the number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in California in model year 2011.

(4) Manufacturers shall request the establishment of NMOG credit account balances under this regulation through written notification to the Department by May 1, 2011.

(5) Manufacturers shall submit the required vehicle delivery data:

(a) By September 1, 2011, if electing to utilize the methodology described in §A(3)(a) of this regulation; or

(b) By March 1, 2012, if electing to utilize the methodology described in §A(3)(b) of this regulation.

(6) Nothing in this regulation shall affect the calculation of NMOG credits and debits earned under Regulation .06 of this chapter in model year 2011 in Maryland, which shall be treated as incremental to those established in this regulation.

(7) If the validation of NMOG credit account balances under §B of this regulation extends beyond May 1, 2012:

(a) The submittal deadline of May 1, 2012, for the California Fleet Average NMOG Requirements compliance report required under Regulation .13A(2)(a) of this chapter shall be waived; and

(b) The manufacturer shall submit the California Fleet Average NMOG Requirements compliance report required under Regulation .13A(2)(a) of this chapter within 60 days of notification by the Department that the NMOG credit account balances have been validated.

B. Validation of NMOG Credit Account Balances.

(1) The establishment of NMOG credits into a manufacturer's Maryland NMOG credit account shall occur through consultation with the Department, the individual vehicle manufacturer, and the Executive Officer or the Executive Officer's designee.

(2) Credits may not be established in a manufacturer's Maryland NMOG credit account until:

(a) The Executive Officer or the Executive Officer's designee certifies to the Secretary or the Secretary's designee that the California credit balance upon which the Maryland credits will be determined is accurate; and

(b) All outstanding debits for model years 2010 and earlier have been satisfied.

(3) As necessary, for purposes of this regulation, the manufacturer shall release the Executive Officer or the Executive Officer's designee from any confidentiality restrictions that would otherwise prohibit open consultation with the Secretary or the Secretary's designee.

(4) The Secretary or the Secretary's designee shall be bound by the same confidentiality restrictions otherwise binding the Executive Officer or the Executive Officer's designee.

Notes

Md. Code Regs. 26.11.34.07