ILLINOIS POLLUTION CONTROL BOARD
December 1,
1994
IN THE MATTER OF:
)
)
ENHANCED VEHICLE INSPECTION
AND
)
R94-20
MAINTENANCE
(I/M) REGULATIONS
)
(Identical-in-Substance Rules)
AMENDMENTS 35 ILL.
ADM.
CODE
)
240
Adopted Rule. Final Order.
OPINION
AND
ORDER OF THE BOARD
(by G. Tanner Girard):
This matter is before the Board on a July 20,
1994 proposal
filed by the Illinois Environmental Protection Agency (Agency).
The Agency filed this proposal pursuant to Section 28.4(g) of the
Environmental Protection Act
(Act)
(415 ILCS 5/28.4(g)
(1992))
and Section 13B-20 of the Vehicle Emission Inspection Law of 1995
(VEIL)
(625 ILCS 5/13B-20, as added by P.A. 88-533, effective
January 18,
1994.
By this opinion and order the Board adopts amendments that
pertain to a vehicle inspection and maintenance program for the
Chicago and metropolitan East St. Louis areas of the state.
The
purpose is to aid the Illinois Environmental Protection Agency
(Agency)
in assembling an acceptable State Implementation Plan
(SIP)
for ozone for these two areas of the state for submission
to the U.S. Environmental Protection Agency
(U.S.
EPA).
As discussed more fully below, this proceeding involves
Board adoption of one segment of a set of regulations to provide
for an enhanced vehicle emissions inspection and maintenance
(I/H) program for Illinois.
Another segment is involved in
docket R94-19, which bears a nearly identical caption.
This
proceeding involves testing for emissions from on—board vehicle
fuel evaporative emissions.
R94-19 involves testing vehicle
engine exhaust emissions.
These two dockets represent the whole
of the Board’s rules of the enhanced I/H program.
The Agency
will independently implement other aspects of the program.
Sections 28.4(g) of the Act and 13B-20(a)
of VEIL provide
that Section 5 of the Administrative Procedure Act
5
ILCS 100/5-
35
& 5—40
(1992)
and Title VII
(Sections 26 through 29)
of the
Act do not apply to this proceeding.
Thus,
this proceeding was
not subject to First Notice or Second Notice review by the Joint
Committee on Administrative Rules.
Rather, the Board caused a
Notice of Proposed Amendments to Appear in the Illinois Rec~ister.
After receiving public comments on the proposed amendments for a
period of 45 days after that date of publication, the Board was
free to proceed to adopt amendments based on the Agency’s
proposal.
The Board delayed this final action for a short time
in response to a request from the Agency that we adopt these
2
amendments simultaneously with the companion R94—19 amendments,
which we are also adopting by a separate opinion and order today.
The Board’s responsibility in this matter arises from the
Environmental Protection Act (Act)
415
ILCS
5
(1992).
The
Board is charged therein to “determine, define and implement the
environmental control standards applicable in the State of
Illinois”.
More generally, the Board’s rulemaking charge is
based on the system of checks and balances integral to Illinois
environmental governance: the Board bears responsibility for the
rulemaking and principal adjudicatory functions; the Illinois
Environmental Protection Agency is responsible for carrying out
the principal administrative duties.
The latter’s duties include
administering today’s regulation.
Procedural Background
On July 20,
1994, the Agency filed this proposal for
rulemaking.
The Board accepted the proposal for hearing and
adopted a proposal for public comment on July 21,
1994.
A Notice
of Proposed Amendments appeared in the Illinois Register on
August 12,
1994,
at 18 Iii.
Reg.
12097.
The Board does not normally conduct public hearings in
identical—in—substance proceedings, but we conducted a hearing in
this matter on September 8,
1994.
Since this proposal will
ultimately result in a state implementation plan
(SIP) revision,
federal law requires that the state conduct a hearing.
The Board
conducted that hearing so that it coordinated with the hearings
in docket R94-19; we held the two hearings at the same location
and on the same morning.
At that hearing, the Agency made
statements in support of its program.
No member of the public
appeared to testify at that hearing.
The 45-day public comment period began August 12, 1994 and
expired on September 25, 1994.
The Board delayed adopting this
proceeding at the suggestion of the Agency, so that we could
adopt these amendments together with those involved in R94-19 for
near—simultaneous filing with the Secretary of State.
During the public comment period, the Board received one
public comment:
PC 1 received September 12,
1994, Office of the Secretary of
State,
Index Department, Administrative Code Division
(by Connie Bradway, dated September 6,
1994)
By PC 1, the Secretary of State suggested a correction to the
questionnaire that would appear in the Notice of Adopted
Amendments.
The Secretary of State did not suggest any changes
to the text of the amendments themselves.
3
In addition to PC
1, the Board also received suggestions for
revisions from staff of the Joint Committee on Administrative
Rules
(JCAR).
In response to the JCAR suggestions, the Board
added a reference to the authority note for Part 240 to reference
Section 13B—20 of the Vehicle Emissions Inspection Law of 1995
(625 ILCS 5/13B—20
and added Board Notes to Sections 240.172 and
240.173,
indicating the federal regulatory sources for these
provisions:
40 CFR 51.357(b) (3) (i) and
(b) (3) (ii), respectively.
Regulatory Backciround
Section 182(b) and
(c)
of the Clean Air Act
(CAA), as
amended in 1990, requires the use of “inspection and maintenance”
programs in areas not meeting the national ambient air quality
standards (NAAQS)
for ozone and/or carbon monoxide.
The
CAA
specifies the use of “basic” I/N programs in “moderate”
nonattainment areas and “marginal” nonattainment areas with
existing I/M programs.
It requires the use of “enhanced” I/H
programs in “serious”,
“severe”, and “extreme” ozone
nonattaimuent areas with urbanized populations of 200,000 or
more.
In Illinois, the Chicago and Metro-East St. Louis
(Metro-
East)
areas are classified as “severe” and “moderate”
nonattainiuent for ozone, respectively, and as such are subject to
the I/H requirement.
The General Assembly enacted VEIL.
That statute provides
authority for the Agency to implement an enhanced I/N program and
meet the United States Environmental Protection Agency’s
(U.S.
EPA’s) requirements for such a program.
VEIL mandates enhanced
I/N testing for the Metro-East area and certain portions of the
Chicago nonattainment area.
Section l3B-20 of VEIL,
mandates adoption of enhanced I/M
rules by the identical—in—substance rulemaking procedure.
The
Agency has proposed codified U.S. EPA emissions standards
concerning evaporative system pressure and purge testing for the
enhanced I/M program in this docket by identical-in-substance
procedures under Section 28.4 of the Act.
Pursuant to the
provisions of that Section, the Board was required to adopt
regulations that are identical in substance to federal
regulations that the state must adopt to comply with the 1990
CAA
amendments.
However, major portions of the federal enhanced I/N scheme
are not codified in federal regulations, but exist only as
federal guidance.
Section 7.2 of the Act, which defines
“identical—in—substance” rulemaking and establishes conditions
for its use, allows the Board only to adopt federal rules using
this mechanism.
The Agency accordingly chose to use the next—fastest
procedural mechanism, the Section 28.5 “fast—track” rulemaking
4
(P.A.
87—1213, effective September 26, 1992; 415 ILCS 5/28.5),
for those segments of the enhanced I/N rules that were based on
federal guidelines, as that rulemaking also implements the CAA.
The Board designated that companion docket as R94-19, with a
nearly identical caption.
The Agency’s proposals represented the procedural means by
which the Agency sought to achieve the mobile source emissions
standards necessary for the implementation of the enhanced I/M
program.
The standards proposed in R94—19 incorporate federal
guidance.
The Agency proposed codified U.S. EPA emissions
standards concerning evaporative system pressure and purge
testing for the enhanced I/N program in this docket by identical-
in—substance procedures under Section 28.4 of the Act.
In
companion docket R94—19, the Agency proposed emissions standards
based on U.S. EPA guidance.
The Board adopts the Agency-proposed amendments relating to
standards for fuel evaporative emissions control system testing
without substantive revision.
The only revisions were the above—
mentioned addition of a citation to VEIL in the authority note
for Part 240 and the addition of a Board note to each of Sections
240.172 and 240.173,
citing the federal sources of these
provisions.
ORDER
The Board directs the Clerk to cause the filing of the
following proposal for publication in the Illinois Register:
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE B:
AIR POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
k:
EMISSION
STANDARDS
AND
LIMITATIONS
FOR MOBILE
SOURCES
PART
240
MOBILE SOURCES
SUBPART A:
DEFINITIONS AND GENERAL PROVISIONS
Section
240.101
Preamble
240.102
Definitions
240.103
Prohibitions
240.104
Inspection
240.105
Penalties
240.106
Determination of Violation
240.107
Incorporations by Reference
SUBPART B:
EMISSIONS
5
Section
240.121
Smoke Emissions
240.122
Diesel Engine Emissions Standards for Locomotives
240.123
Liquid Petroleum Gas Fuel Systems
240.124
Vehicle Exhaust Emission Standards
240.125
Compliance Determination
SUBPART
C:
HEAVY-DUTY
DIESEL
SMOKE
OPACITY
STANDARDS AND
TEST
PROCEDURES
Section
240.140
Applicability
240.141
Heavy—Duty Diesel Vehicle Smoke Opacity Standards and
Test Procedures
SUBPART
F:
EVAPORATIVE
TEST
STANDARDS
Section
240.172
Evaporative
System Pressure Test Standards
240.173
Evaporative
System
Purge
Test
Standards
240.Appendix A Rule into Section Table
240.Appendix B Section into Rule Table
AUTHORITY:
Implementing Sections
9,
10 and 13 and authorized by
Sections
27
and
28.4
of
the
Environmental
Protection
Act
(Ill.
Roy.
Ctat.
1989,
oh.
111
1/2,
paro.
1009,
1010,
1013
and
1027)
~415
ILCS
5/9.
10.
13.
27.
and
28.41
and
Section
13B—20
of
the Vehicle Emissions Inspection Law of 1995
625
ILCS 5/13B—20
(P.A. 88—533. effective January 18,
1994).
SOURCE:
Adopted as Chapter
2:
Air Pollution, Part VII:
Mobile
Sources, filed and effective April 14,
1972; codified at
7 Ill.
Reg. 13628; amended in R85—25, at
10 Ill. Reg.
11277, effective
June 16,
1986; amended in R90-20 at 16 Iii. Reg.
6184, effective
April
7,
1992; amended in R94-20 at
Ill. Reg.
effective
NOTE:
Capitalization denotes statutory language.
SUBPART
F:
EVAPORATIVE
TEST
STANDARDS
Section 240.172
Evaporative System Pressure Test Standards
flj..
The vehicles shall be inspected utilizing an
evaporative system pressure test adopted by the Agency.
~
The vehicle shall fail the evaporative system pressure
test if one of the following occurs:
6
fl
The system cannot maintain a system pressure above
eight inches of water for up to two minutes after
being pressurized to 14 plus or minus 0.5 inches
of water
.aL
No pressure drop is detected when the gas cap is
loosened:
~J
The fuel vapor storage canister is missing or
obviously damaged
j)
System vapor lines or hoses are missing or
obviously disconnected; or
~
The gas cap is missing.
BOARD NOTE:
Derived from 40 CFR 51.357(b) (3) (ii
(1993).
(Source: Added at
_____
Ill. Reg.
________
,
effective
______________________________________________________________
)
Section 240.173
Evaporative System Purae Test Standards
~J
The vehicle shall be inspected utilizing the
evaporative system purge test adopted by the Agency.
~
The vehicle shall fail the evaporative system purge
test if the canister Purge system flow as measured
during the course of the transient exhaust emission
test is less than one liter.
BOARD NOTE:
Derived from 40 CFR 51.357(b) (3) (ii)
(1993).
(Source: Added at
_____
Ill. Reg.
,
effective
________________________________________________________
)
IT IS SO ORDERED
Board Member J. Yi abstained.
I, Dorothy N.
Gunn, Clerk of the Illinois Pollution Control
Board,
hereby
certify
that
the above opinion and order was
adopted
on
the
/
4—~
day
of
_____________________
1994,
by
a
vote
of
‘~
-0
.
~
2i~
~
Dorothy
N.
9~n,
Cletk
Illinois Pq~,IutionControl Board