ILLINOIS POLLUTION CONTROL BOARD
    November 21,
    1991
    IN THE MATTER OF:
    )
    APPLICATION OF CALIFORNIA
    )
    R89-17(C)
    MOTOR VEHICLE CONTROL PROGRAM
    )
    (Rulemaking)
    IN ILLINOIS
    )
    PROPOSED RULE.
    SECOND FIRST NOTICE.
    OPINION
    AND
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter is before the Board on its own motion, and on two
    motions
    to
    file additional
    comments.
    On October
    18,
    1989,
    the
    Board opened this docket to gather information on whether Illinois
    should adopt the California motor vehicle control program.
    Today
    the Board revises the proposal previously proposed in docket
    (C),
    and proceeds to second first notice on that revised proposal.
    Procedural History
    After the Board opened this docket in October 1989, an inquiry
    hearing was held on December 12, 1989.
    The Board accepted written
    public comments until January
    5,
    1990.
    On April
    12,
    1990,
    the
    Board proposed,
    for first notice, that portions of the California
    program be adopted in Illinois.
    That proposal,
    in subdockets
    (A)
    and
    (B),
    was published in the Illinois Register on May 11,
    1990,
    at
    14 Ill.
    Reg.
    6977.
    On
    October
    11,
    1990,
    the
    Board
    created
    an
    additional
    subdocket,
    docket
    (C),
    and sent that proposal
    to
    first
    notice.
    That October
    11
    proposal, published
    in the Illinois Register on
    November
    2,
    1990,
    at
    14
    I11.Reg.
    17812,
    required the sale
    and
    registration in Illinois of only those vehicles which comply with
    California standards in effect at the time of the manufacture of
    the individual vehicle.
    Pursuant to that proposal, the standards
    established by California for emission standards,
    diagnostic and
    malfunction
    systems,
    and warranty requirements would become the
    standards required
    in
    Illinois.
    The
    Board
    recognized that the
    United States Congress was considering various proposals to adopt
    these
    California
    standards,
    known
    as
    Tier
    I
    standards,
    as
    nationwide requirements.
    However,
    at that time
    it was unclear
    when,
    and
    if,
    a
    bill would be
    agreed
    on,
    what that bill would
    include on the issue of motor vehicle standards,
    and whether the
    President would sign such a bill.
    Therefore, the Board proceeded
    to first notice with that October 1990 proposal.
    On November 15, 1990, President Bush signed the Clean Air Act
    Amendments of 1990
    (CAAA)
    (P.L.
    101-549).
    The
    CAAA
    provides that
    127—273

    2
    a version of the California Tier
    I
    standards become the federal
    standards, beginning in model year 1994.1
    (42 USC §7521.)
    Because
    the proposals in subdockets
    (A)
    and
    (B) were basically adoptions
    of the Tier
    I standards,
    the Board dismissed those two subdockets
    on February
    7,
    1991.
    Dockets
    (A)
    and
    (B)
    are no
    longer being
    considered by the Board.
    However, the docket
    (C) proposal, which
    was a more comprehensive adoption of California standards, remained
    under consideration by the Board.
    On July
    23,
    1991,
    the
    Board
    held a
    public hearing on the
    docket
    (C) proposal.
    Testimony was presented by Thomas C. Jorling,
    Commissioner of the New York State
    Department
    of Environmental
    Conservation; Michael Walsh, an independent consultant who provided
    testimony on behalf of the American Lung Association, the American
    Lung Association of
    Illinois,
    and the Chicago Lung Association;
    Philip
    Bush,
    on behalf
    of the American Petroleum Institute and
    Amoco
    Oil
    Company;
    Michael
    Schwartz,
    Timothy
    O’Brien,
    Alan
    Weverstad,
    and Reginald Nodlin
    on behalf
    of the Motor
    Vehicle
    Manufacturers’
    Association
    (NVMA);
    Mary
    Ross
    on
    behalf
    of
    the
    Illinois Chapter of the Sierra Club; Toby Frevert of the Illinois
    Environmental Protection Agency (Agency); Ron Burke of the Chicago
    Lung Association; and Julie Cardosi on behalf of the Illinois New
    Car and Truck
    Dealers
    Association.
    The
    testimony at
    the July
    hearing focused on whether Illinois should adopt the California Low
    Emission Vehicle
    (LEV) program, adopted by California in September
    1990.
    Public comments were accepted by the Board until September
    13,
    1991.
    On November 4,
    1991, the Illinois Chapter of the Sierra Club
    and the Chicago Lung Association filed a motion to file their reply
    comments instanter.
    (P.C.#
    34..)
    On November 18, 1991, the Agency
    filed a motion to provide further comments.
    So that the Board can
    have
    all
    available
    information
    before
    it,
    those
    motions
    are
    granted.
    The Agency’s information will be placed in the record as
    P.C.#
    35.
    Background
    California has historically had stricter emission controls for
    mobile sources than the rest of the country.
    The other 49 states
    have all been subject to the same federal standard;
    in fact,
    the
    Clean Air Act
    (CAA)
    preempts the
    states
    from setting emission
    standards for new motor vehicles.
    (42 USC §7543(a).)
    However, the
    CAA
    also provides for a waiver of that preemption for California’s
    motor vehicle emission standards, and allows other states to adopt
    the identical California standards
    (42 USC §~7507 and 7543(b).)
    In other words,
    a state may choose between the federal standards
    and the California standards:
    no state can adopt a third standard.
    1
    California begins to phase in the Tier I standards in model
    year 1993.
    127—274

    3
    The test in deciding whether adoption of a proposed new standard
    complies with the
    CAA
    is whether vehicle manufacturers would be
    burdened with additional hardware requirements beyond the federal
    and California standards,
    i.e. whether a third vehicle would have
    to be manufactured in order to’comply with the proposed standard.
    The eight
    states which belong to the Northeast States
    for
    Coordinated Air Use Management
    (NESCAUM) have been leaders in the
    recent move towards adopting California motor vehicle standards in
    their st~ates.2 For example,
    New York has adopted the California
    Tier I standards, effective beginning with the 1993 model year, and
    is currently proceeding with rulemaking to adopt the California
    LEV
    program.
    Most
    of
    the NESCAUM states,
    as well as Pennsylvania,
    Virginia, Maryland,
    and
    Delaware,
    and
    the District of
    Columbia,
    have agreed to
    adopt the California LEV program.
    By proceeding
    today, the Board adds Illinois to the growing list of states which
    are in the process of considering the California
    LEV
    program.
    California Low Emission Vehicle
    (LEV)
    Program
    In September 1990, the California Air Resources Board (CARB)
    adopted a new program, the Low Emission Vehicle
    (LEV)
    program, to
    further tighten emissions from vehicles
    in California.
    The LEV
    program
    establishes
    four
    new
    categories
    of
    vehicle
    emission
    standards which are to be phased
    in beginning in model year
    (MY)
    1994.
    The four types of
    LEV
    vehicles are categorized according to
    the emission standards those vehicles must meet.
    The transitional
    low
    emission vehicle
    (TLEV)
    represents
    10-20
    of
    new
    vehicle3
    production beginning in MY
    1994.
    TLEV5 must meet
    a hydrocarbon
    (HC) standard of 0.125 grams per mile (g/mi).
    Carbon monoxide (CO)
    and oxides of nitrogen
    (NOx)
    standards are the same as for MY 1993
    vehicles.
    The low emission vehicle
    (LEV)
    represents 25
    of new
    vehicle production beginning in MY 1997.
    LEVs
    must meet standards
    of 0.075 g/mi HC and 0.2 g/mi NOx.
    The CO standard for LEV5 is the
    same as for MY 1993 vehicles and TLEVs.
    The ultra low emission
    vehicle
    (ULEV) represents 2
    -
    15
    of new vehicle production between
    1997
    -
    2003.
    The HC standard for ULEVs
    is
    0.04 g/ini,
    and the CO
    standard is 1.7 g/mi.
    (These standards are about half of those
    from LEVs.)
    The NOx standard for ULEVs
    remains the same as
    for
    LEVs.
    Finally, the zero emission vehicle
    (ZEV)
    represents
    2
    10
    of new vehicle production between 1998
    -
    2003.
    The ZEV is expected
    to be an electric car,
    which will not have any direct pollutant
    emissions.
    (P.C.# 35; Ex.
    26B, Tab 5.)
    2
    The eight states which belong to NESCAUM are Connecticut,
    Maine, Massachusetts, New Hampshire, New Jersey,
    New York,
    Rhode
    Island, and Vermont.
    As used here,
    the term “vehicle” refers to passenger cars
    and light—duty trucks rated at 6000 pounds gross vehicle weight or
    less.
    127—275

    4
    The percentage figures given for conventional vehicles, TLEVs,
    LEVs, and ULEVs are guidelines for the manufacturers to reach fleet
    average
    standards.
    Manufacturers
    are
    required
    to
    certify
    sufficient portions of
    their
    fleet
    to meet
    increasingly
    strict
    fleet average standards.
    Manufacturers may meet the fleet average
    standard by certifying vehicles to any combination of conventional
    ,
    TLEV,
    LEV,
    ULEV,
    and
    ZEV
    standards.
    However,
    the
    percentage
    requirements
    for
    ZEV5
    are
    mandatory,
    although
    manufact~irers can
    meet
    these
    ZEV
    requirements
    with
    emission
    credits.
    (P.C.#
    35;
    Ex.
    26B, Tab 5.)
    Public Comments
    The Board received a number of public comments on its October
    1990 docket
    (C)
    proposal.
    Comments were submitted by the Engine
    Manufacturers Association (P.C.# 17), the Administrative Code Unit
    (P.C.#
    18),
    Toyota Motor Sales
    (P.C.#
    19), the Agency
    (P.C.#20),
    the Department of Commerce and Community Affairs
    (P.C.# 21), MVMA
    (P. C.
    #
    22), and General Motors
    (P.C.
    4~
    23).
    Those comments were
    directed to the Board’s broad October 1990 proposal,
    in which the
    Board
    proposed
    a
    general
    “incorporation”
    of
    the
    California
    standards governing emission standards, diagnostic and malfunction
    systems, and warranty requirements.
    The Board has considered these
    comments in deciding to revise its proposal.
    The comments received by the Board after the July 1991 hearing
    were directed to the more narrow issue of whether Illinois should
    adopt the California LEV program.
    Comments were received from the
    Association of International Automobile Manufacturers
    (P.C.# 24),
    the
    Illinois
    Department
    of Energy
    and Natural
    Resources
    (ENR)
    (P.C.
    #
    25), Amoco Oil Company
    (P.C.
    #
    26 and 27), the Agency
    (P.C.
    #
    28 and 35), Clark Oil and Refining Corporation (P.C.# 29), the New
    York State Department of Environmental Conservation (P.C.#
    30 and
    32)~,the Illinois Chapter of the Sierra Club and the Chicago Lung
    Association
    (P.C.# 31 and 34), and the Illinois Attorney General
    (P.C.#
    33).
    Most of these comments, with the exception of those from the
    Sierra Club, the Chicago Lung Association, and the New York State
    Department of Environmental Conservation, suggested that the Board
    delay
    further action
    on this docket
    until
    more
    iiiformation on
    specific issues was available.
    In particular, the Agency suggested
    that the Board retain the docket and convene a number of hearings
    over the next nine to twelve months, with each hearing focusing on
    a
    specific area
    of concern.
    The Agency
    identified
    a number
    of
    issues which might be the subject of further hearing,
    including
    quantification of the emission reductions to be gained,
    whether
    The Board
    notes
    that public
    comments
    30
    and
    32
    contain
    basically the same information.
    127—276

    5
    Illinois must adopt the California clean fuels program as well as
    the
    LEV
    program itself,
    and the economic impact of the
    LEV
    program
    in
    Illinois.
    The Agency
    also
    questioned
    whether
    this
    docket
    includes consideration of the Tier I standards, the
    LEV
    standards,
    or
    both.
    The
    Agency
    further
    stated
    its
    intent
    to
    gather
    information on the identified issues,
    and, in conjunction with ENR,
    to produce
    a
    report on the Illinois adoption of the California
    motor vehicle standards.
    (P.C.# 28.)
    In its most recent comments,
    the Agency provided the Board with a summary of the California
    LEV
    program,, which
    is
    a
    result
    of the Agency’s extensive research.
    (P.C.#
    35.)
    The
    Sierra
    Club
    and the Chicago Lung Association
    opposed any delay in this docket.
    (P.C.#
    34.)
    Board Conclusions
    The Board has considered all testimony,
    exhibits, and public
    comments
    in
    this
    docket,
    and
    concludes that
    a
    revision
    of
    its
    October 1990 proposal is warranted.
    Because more than one year has
    passed
    since
    the
    first
    notice
    publication of the
    October
    1990
    proposal,
    this revision will be accomplished as
    a
    second
    first
    notice.
    (See
    Section
    5.01(d)
    of
    the
    Illinois
    Administrative
    Procedure Act, Ill.Rev.Stat. 1989,
    ch.
    127, par. 1005.01.)
    Initially,
    the Board clarifies its intent in this docket to
    consider the adoption of the California LEV program in Illinois,
    and
    not
    the Tier
    I
    standards.
    To
    a
    large degree,
    the Tier
    I
    standards have been adopted as the new federal standards by the
    CAAA.
    The Board recognizes that the federal version of the Tier
    I standards is slightly different than the California version, with
    the most notable difference being a slightly slower phase-in of the
    standards.
    However, because the
    CAA
    requires the states to adopt
    the California standards at least two years before the model year
    in which the adoption becomes effective
    (42 USC §7507), Illinois
    could not take final action on any adoption of the Tier I standards
    in time to have effective rules phased
    in any earlier than the
    federal phase-in.5
    Therefore,
    the Board finds that consideration
    of adoption of the California
    LEV
    program holds the most potential
    for significant air quality benefits in Illinois.
    Today’s proposal is similar to the October 1990 proposal in
    many ways.
    There are three major changes which have been. made.
    First,
    the
    proposal
    would
    take
    effect
    with
    1996
    model
    year
    vehicles, instead of with 1993 model year vehicles.
    As previously
    stated, the
    CAA
    requires that states adopt the California standards
    Iwo years before
    the
    model
    year
    in which
    the adoption becomes
    sffective.
    The model year begins on January 2 of the calendar year
    preceding the model year designation.
    For example, the 1993 model
    As noted earlier, the federal standards begin to phase-in in
    nodel year 1994, while the California phase-in begins in model year
    L993.
    12
    7—27 7

    6
    year begins on January
    2,
    1992.
    Therefore,
    if the Board were to
    move to final adoption of these rules
    in calendar year 1992,
    two
    years
    from that adoption would be calendar year
    1994,
    which
    is
    actually model year 1995.
    The next model year beginning after that
    is the 1996 model year.
    (Ex.
    26A; Tr.
    II, pp.
    153_156.)6
    Second,
    the October 1990 proposal did not contain specific
    standards
    for vehicles
    sold
    in
    Illinois,
    but
    stated
    that
    all
    vehicles must be certified to whatever standard was in effect in
    California
    at
    the time
    of
    the vehicle’s manufacture.
    Today’s
    proposal specific emission standards, fleet average requirements,
    zero emission vehicle
    (ZEV) mandates, and emission credits.
    These
    rules
    are based on the rules presently being considered by New
    York.
    The Board specifically requests comment on these proposed
    rules,
    and whether the rules correctly and completely reflect the
    California LEV program.
    Finally, the Board has added an exemption for vehicles which
    are part of a fleet used for research on fuels,
    oils,
    and other
    automotive
    products
    (Section
    241.140(f)),.
    Amoco
    Oil
    Company
    testified at hearing that it conducts research and development of
    all
    its new fuels,
    oils,
    and automotive products in Naperville,
    Illinois.
    Amoco stated that its research required that all cars,
    “federal”
    as well
    as
    “California”,
    be
    included
    in these
    tests.
    Thus,
    Amoco requested an exemption for research vehicles so that
    it can continue to conduct its research in Illinois.
    (Tr. II, pp.
    81-83.)
    In its post-hearing comments, Amoco stated that several
    other
    research
    facilities
    in
    Illinois
    would
    probably
    also
    be
    interested
    in
    an
    exemption.7
    Amoco
    estimated
    that
    there
    are
    probably less than 1,000
    research v~hicles, of nearly
    8 million
    registered vehicles,
    in Illinois.
    Therefore, Amoco contends that
    an exemption for research vehicles would have a negligible impact
    on emissions from the total fleet of vehicles.
    (P.C.#
    26.)
    The
    Board believes that the requested exemption is reasonable, and has
    added the exemption to the proposed rules.
    The
    Board
    recognizes
    the
    concerns
    raised
    by
    several
    coinmenters,
    especially
    the
    Agency,
    that
    there
    are
    unanswered
    questions
    raised
    by this
    proceeding.
    However,
    the Board
    also
    believes that any rulemaking proceeding is more focused when that
    proceeding
    contains
    actual text
    of proposed rules,
    rather than
    trying to conduct proceedings without specific text..
    Thus,
    the
    Board has proceeded to first notice with today’s proposal, rather
    6
    “Tr. II” is used is designate the transcript of the July 23,
    1991 hearing in this proceeding.
    ~‘
    The entities identified by Amoco
    include Argonne National
    Laboratory,
    Automotive
    Laboratories,
    Inc.
    (ALl),
    Caterpillar,
    ~avistar, Northern Illinois Gas,
    the University of Illinois, and
    other schools and universities.
    127—278

    7
    than waiting for further hearings.
    The Board notes that this step
    is only the first in the rulemaking process, and is willing to hold
    additional hearings on the matter.
    We appreciate the suggestions
    the Agency has made regarding possible subjects for hearings, and
    the
    initial
    report
    provided
    in
    the
    Agency’s
    latest
    comments.
    (P. C.
    #
    28 and
    35.)
    The Board
    emphasizes,
    however,
    that
    it
    is
    willing to hold ad~1itionalhearings only
    if the hearings can be
    productive.
    Therefore, the Board directs the Agency, and all other
    interested
    participants,
    to
    submit
    comments
    on
    the
    need
    for
    additional hearings, which subjects might be discussed on the same
    day ‘of hearing, and suggested timeframes for these hearings.
    These
    comments on further hearings shall be submitted to the Board by
    December 31,
    1991.
    ORDER
    The
    Board
    hereby
    directs
    the Clerk of the
    Board
    to
    cause
    publication
    in
    the Illinois Register
    of the first notice of the
    following proposed regulations:
    PART 241
    EMISSION STANDARDS FOR MOTOR VEHICLES
    AND
    MOTOR VEHICLE ENGINES
    SUBPART A:
    PURPOSE, APPLICABILITY,
    AND
    DEFINITIONS
    Section 241.100
    Purpose
    The
    General
    Assembly
    of
    the State
    of
    Illinois
    has
    found
    that
    Illinois should RESTORE, MAINTAIN, AND ENHANCE THE PURITY OF THE
    AIR OF THIS STATE
    IN ORDER TO PROTECT HEALTH,
    WELFARE,
    .
    PROPERTY,
    AND
    THE QUALITY OF LIFE.
    One threat to good air quality in the
    State
    is the formation of ozone.
    Mobile sources are the largest
    source
    of
    carbon
    monoxide
    and
    hydrocarbon
    emissions,
    and
    significant
    sources
    of
    nitrogen
    oxide
    emissions,
    all
    of
    which
    contribute to the formation of ozone.
    It is the purpose of this
    Part to place controls on emissions from motor vehicles so as to
    reduce ozone levels, thus RESTORING, MAINTAINING, AND ENHANCING THE
    PURITY OF THE AIR OF THIS STATE.
    (Il1.Rev.Stat. 1989, ch.
    111 1/2,
    par.
    1008.)
    Section 241.101
    Applicability
    a)
    This Part shall apply to all 1996 and subsequent model-
    year motor
    vehicles,
    motor
    vehicle
    engines,
    and
    air
    contaminant emission control systems offered
    for sale,
    or sold,
    for registration in this state.
    b)
    Notwithstanding subsection (a), this Part does not apply
    to
    any
    motor
    vehicle
    having
    a
    manufacturer’s
    gross
    •vehicle weight rating of greater than 6000 pounds, or to
    127—279

    8
    any motor vehicle
    engine
    designed
    for installation
    in
    such vehicle.
    Section 241.102
    Definitions
    The definitions of the Environmental Protection Act (Ill.Rev.Stat.
    1989,
    ch.
    111
    1/2,
    par.
    1001
    et seq.)
    apply
    to this
    Part.
    The
    following definitions also apply to this Part:
    “Act”
    means
    the
    Environmental
    Protection
    Act
    (Il1.Rev.Stat.
    1989,
    ch. 111 1/2, par. 1001 et seq.)
    “Air contaminant emission control system” means equipment
    designed
    for installation on
    a motor vehicle or motor
    vehicle
    engine
    for
    the
    purpose
    of
    reducing
    the
    air
    contaminants emitted
    from the motor vehicle
    or motor
    vehicle engine, or a system or engine modification on a
    motor vehicle
    or motor vehicle
    engine which
    causes
    a
    reduction of air
    contaminants emitted
    from the motor
    vehicle
    or
    motor
    vehicle
    engine,
    including
    but
    not
    limited
    to
    exhaust
    control
    systems,
    fuel
    evaporation
    control systems and crankcase ventilating systems.
    “California standards” means those standards for motor
    vehicles and motor vehicle
    engines which the State
    of
    California has adopted and
    is permitted to adopt under
    42 USC §7543,
    and which other states are permitted to
    adopt under 42 USC §7507.
    “Dealer” means a person registered as a dealer under the
    Illinois Vehicle Code
    (Ill.Rev.Stat.
    1989,
    ch.
    95 1/2,
    pars.
    5—101 and 5—102).
    “Intermediate
    volume
    manufacturer”
    means
    any
    vehicle
    manufacturer
    with
    California
    sales
    between
    3,001
    and
    35,000 new light-duty and medium duty vehicles per model
    year, based on the average number of vehicle sold by the
    manufacturer each model year from 1989 to 1993; however,
    for
    manufacturers
    certifying
    for
    the
    first
    time
    in
    California, model year sales shall be based on projected
    California sales.
    “Light-duty truck” means any motor vehicle, rated at 6000
    pounds gross vehicle weight or less,
    which is designed
    primarily for purposes of transportation of property or
    is derivative of such a vehicle,
    or is available with
    special
    features
    enabling
    off—street
    or
    off-highway
    operation and use.
    “Model year” means the manufacturer’s annual production
    period which includes January
    1 of
    a calendar year or,
    if the manufacturer has no annual production period, the
    127—280

    9
    calendar
    year.
    In
    the
    case
    of
    any
    motor
    vehicle
    manufactured
    in
    two
    or
    more
    stages,
    the
    time
    of
    manufacture
    shall
    be
    the
    date
    of
    completion
    of
    the
    chassis.
    “Motor
    vehicle”
    is
    a vehicle which
    is self-
    propelled.
    “New motor vehicle” means a motor vehicle, the
    equitable or legal title to which has never
    been transferred to the ultimate purchaser.
    “New motor vehicle engine” means a new engine in a motor
    • vehicle.
    “Passenger car” means any motor vehicle designed with a
    capability
    for transportation
    of persons and having
    a
    design capacity of twelve persons or less.
    “Sale” means the transfer of title to a motor
    vehicle or motor vehicle engine to the ultimate
    or subsequent purchaser, or the lease or rental
    of a new motor vehicle to a person.
    “Small
    volume
    manufacturer”
    means
    any
    vehicle
    manufacturer with California sales less than or equal to
    3000 new light-duty and medium-duty vehicles per model
    year, based on the average number of vehicles sold by the
    manufacturer each model year from 1989 to 1993; however,
    for
    manufacturers
    certifying
    for
    the
    first
    time
    in
    California, model year sales shall be based on projected
    California sales.
    “Ultimate purchaser” means, with respect to any 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.
    “Used motor vehicle” means any motor vehicle
    which is not a new motor vehicle.
    “Vehicle” means a device by which any person
    or property may be propelled, moved,
    or drawn
    upon
    a
    highway,
    except
    a
    device
    moved
    exclusively by human power or used exclusively
    upon stationary rails or tracks.
    Section 241.103
    Severability
    Each Section of this Part shall be deemed severable,
    and in the
    event that any Section of this Part is held to be
    invalid,
    the
    remainder of this Part shall continue in full force and effect.
    127—28
    1.

    10
    SUBPART B:
    PROHIBITIONS
    Section 241.120
    Prohibitions Against Sale
    a)
    No dealer shall sell a 1996 or subsequent model year new
    or used motor vehicle which
    is not in compliance with
    this Part, unless the vehicle is sold to another dealer,
    sold for the purpose of being wrecked or dismantled, sold
    exclusively for off—highway use, or sold for registration
    and use out of state.
    b)
    No person shall sell, offer or deliver for sale, to the
    ultimate purchaser or to any subsequent purchaser a 1996
    or subsequent model year new or used motor vehicle
    for
    registration in this state,
    which is not in compliance
    with the rules and regulations as adopted in this Part
    on
    emission
    control
    standards
    and
    emission
    control
    systems and devices.
    c)
    No person who
    is engaged in this state
    in the business
    of selling to an ultimate purchaser or renting or leasing
    motor vehicles or motor vehicle engines
    (including but
    not
    limited
    to,
    manufacturers,
    distributors,
    and
    dealers),
    shall
    sell,
    or offer to sell,
    to an ultimate
    purchaser who is a resident of or doing business in this
    state, or lease, offer to lease, rent, or offer to rent,
    in
    this
    state
    a
    1996
    or subsequent model
    year motor
    vehicle,
    motor vehicle
    engine,
    or vehicle with
    a new
    motor vehicle engine, which is intended primarily for use
    in or for registration in this state, unless that vehicle
    is in compliance with the Act and this Part.
    d)
    Prior to or at the time of delivery or sale, the seller
    shall
    certify to
    the purchaser,
    in writing,
    that the
    motor vehicle
    conforms with
    the requirements
    of this
    Part.
    Section 241.121
    Prohibition Against Use
    a)
    No
    person
    who
    is
    a
    resident
    of
    or
    who
    operates
    an
    established
    place
    of business within
    this state shall
    import,
    deliver,
    purchase,
    rent,
    lease,
    acquire,
    or
    receive
    a 1996 or subsequent model year motor vehicle,
    motor vehicle engine, or motor vehicle with a new motor
    vehicle engine for use, registration, or resale in this
    state unless such motor vehicle engine or motor vehicle
    is in compliance with the Act and this Part.
    b)
    “Established place of business”, as used in this Section,
    means a place actually occupied either continuously or
    at regular periods.
    127—282

    11
    Section 241.122
    Prohibition Against Possession
    No person who is engaged in this state in the business of selling
    t.o an ultimate purchaser,
    or renting or leasing motor vehicles or
    motor
    vehicle
    engines
    (including,
    but
    not
    limited
    to,
    manufacturers, distributors, and dealers), shall import, deliver,
    purchase, receive, or otherwise acquire
    a 1996 or subsequent model
    year motor vehicle,
    motor vehicle engine,
    or vehicle with a new
    motor vehicle engine which
    is
    intended for use primarily in this
    state,
    ~or sale
    or
    resale
    to
    an
    ultimate
    purchaser
    who
    is
    a
    resident of or doing business in this state, or for registration,
    leasing or rental in this state, unless that vehicle or engine is
    in compliance with this Part.
    Section 241.123
    No Difference From California Standard
    In accordance with 42 USC §7507, no action by the State of Illinois
    will require the conversion of
    a vehicle to a standard different
    from that to which
    it is certified for sale in California.
    SUBPART C:
    EXEMPTIONS
    Section 241.140
    Exemptions
    a)
    This
    Part does not apply
    to
    a vehicle
    acquired by
    a
    resident
    of this state for the purpose of replacing a
    vehicle registered to such resident which was damaged or
    became inoperative beyond reasonable repair or was stolen
    while out of this state; provided that such replacement
    vehicle
    is
    acquired
    out
    of
    state
    at
    the
    time
    the
    previously
    owned
    vehicle
    was
    damaged
    or
    became
    inoperative or was stolen.
    b)
    This Part does not apply to
    a vehicle transferred by
    inheritance,
    or by
    a
    decree
    of
    a
    court
    of
    competent
    jurisdiction.
    c)
    This Part does not apply to any vehicle sold after the
    effective date of this Part if the vehicle was registered
    in this state before such effective date.
    d)
    This Part does not apply to vehicles owned by a rental
    vehicle company and registered in another state, if such
    vehicle is operated in Illinois on
    a temporary basis.
    “Temporary basis” means a period of 21 days or less.
    e)
    This Part does not apply to any motor vehicle having a
    certificate of conformity issued pursuant to the Clean
    Air
    Act
    (42
    U.S.C.
    §7401
    et
    seq.)
    and
    originally
    registered in another state by a resident of that state
    who subsequently establishes residence in Illinois.
    127—283

    12
    f)
    This Part does not apply to vehicles which are part of
    a
    fleet
    used
    for research
    on
    fuels,
    oils,
    and other
    automotive products.
    SUBPART D:
    STANDARDS
    Section 241.160
    Emission Standards
    All
    1996
    and subsequent model-year motor vehicles registered in
    Illinois,
    shall
    meet
    the
    emission
    standards
    set
    forth
    in
    24l.Appendix A, Tables
    I,
    II, and III.
    Section 241.161
    Fleet Average
    The fleet average non—methane organic gas exhaust emission values
    from a manufacturer’s sales of passenger cars and light—duty trucks
    shall not exceed the standards set forth in 241.Appendix
    B, Table
    I.
    SUBPART E:
    ZERO EMISSION VEHICLES
    Section 241.180
    Zero Emission Vehicle Sales Mandate
    a)
    Beginning in model year 1998,
    each manufacturer’s sales
    fleet
    of passenger cars and light-duty trucks
    from 0-
    3750
    lbs.
    loaded vehicle weight
    shall,
    at
    a
    minimum,
    contain
    the
    following
    percentage
    of
    zero
    emission
    vehicles
    (ZEV):
    Model, Year
    Percentage of Sales
    1998
    2
    1999
    2
    2000
    2
    2001
    5
    2002
    5
    2003 and subsequent
    10
    b)
    The percentage of sales figures required in subsection
    (a)
    shall be based on sales of vehicles in Illinois.
    C)
    Small volume manufacturers shall not be required to meet
    the percentage ZEV requirements.
    d)
    Intermediate volume manufacturers shallnot be required
    to meet the percentage ZEV requirements before the 2003
    model year.
    Section 241.181
    Emission Credits
    a)
    A manufacturer may meet the zero emission vehicle
    (ZEV)
    12 7—284

    13
    requirements by submitting a commensurate amount of grams
    per mile (g/mi) non—methane organic gases (NMOG) emission
    credits
    earned
    exclusively
    from
    the
    sale
    of
    ZEVs
    in
    Illinois.
    These credits may be earned previously by the
    manufacturer
    in
    accordance
    with
    subsection
    (c)
    or
    acquired from another manufacturer.
    b)
    Manufacturers which
    sell’
    fewer ZEVs
    in
    Illinois than
    required in a given model year shall make up the deficit
    by the end of the next model year. The deficit shall be
    made
    up
    by
    selling
    an
    additional
    number’ of
    ZEVs
    in
    Illinois,
    equal
    to
    the
    deficit,
    or
    by
    submitting
    a
    commensurate
    amount
    of
    g/mi
    NMOG
    credits
    earned
    exclusively from the sale of ZEVs in Illinois.
    c)
    In 1996 and subsequent model years,
    manufacturers that
    achieve fleet average NMOG values
    lower than the fleet
    average requirement
    for that ‘model year shall
    receive
    credits
    in
    units
    of g/mi
    NNOG.
    The credit
    shall
    be
    determined
    as
    ((fleet
    average
    NMOG
    requirements)
    -
    (manufacturer’s
    fleet
    average
    NMOG
    value)
    X
    (total
    number
    of
    vehicles
    sold,
    including
    ZEVs
    and
    hybrid
    electric vehicles
    (HEVs)).
    1)
    The g/mi NNOG value of emission credits earned in
    any given model year shall retain full value through
    the subsequent model year.
    2)
    The
    g/mi
    NMOG
    value
    of any credits
    not used
    to
    equalize the previous model year’s deficit shall be
    discounted by 50
    at the beginning of the second
    model year after being earned, discounted to 25
    of
    its original value if not used by the beginning of
    the third model
    year after being earned,
    and will
    have no value
    if not used by the beginning of the
    fourth model year after being earned.
    127—285

    14
    24l.Appendix A
    Table I
    1996 AND SUBSEQUENT MODEL-YEAR PASSENGER
    CAR
    AND
    LIGHT-DUTY TRUCK EXHAUST EMISSIONS STANDARDS
    (2)(3)(4)(5)
    (grams per mile)
    Loaded
    Durability
    Vehicle
    Vehicle
    Non-Methane
    Carbon
    Oxides of
    Vehicle
    Weight
    Basis
    Hydrocarbons
    Monoxide
    Nitrogen
    Type(,)
    (ibs)
    (mi)
    PC
    All
    50,000
    0.25
    3.4
    0.4
    PC
    All
    100,000
    0.31
    4.2
    n/a
    Diesel PC All
    100,000
    0.31
    4.2
    1.0
    (Option 2)
    LDT
    0—3750
    50,000
    0.25
    3.4
    0.4
    LDT
    0—3750
    100,000
    0.31
    4.2
    n/a
    Diesel
    0—3750
    100,000
    0.31
    4.2
    1.0
    LDT
    (Option
    2)
    LDT
    3751—5750
    50,000
    0.32
    4.4
    0.7
    LDT
    3751—5750
    100,000
    0.40
    5.5
    n/a
    Diesel 3751—5750
    100,000
    0.40
    5.5
    1.5
    LDT
    (Option
    1)
    1)
    “PC” means passenger cars.
    “LDT” means light-duty trucks.
    “n/a” means not applicable.
    2)
    Diesel passenger cars
    and’ light-duty trucks
    certifying
    to these standards are subject to a particulate exhaust
    emission standard
    of 0.08 g/mi, determined on
    a 50,000
    mile durability vehicle basis.
    3)
    For all vehicles,
    except those certifying to optional
    diesel
    standards,
    in—use
    compliance
    with
    the
    exhaust
    emission standards shall be limited to vehicles with less
    than 75,000 miles.
    4)
    For the 1996 model year, all manufacturers, except those
    certifying to optional’ diesel
    standards,
    are permitted
    alternative
    in-use
    compliance.
    Alternative
    in—use
    compliance
    is
    permitted
    for
    20
    of a~manufacturer’s
    vehicles
    in the 1996 model-year.
    For the
    1996 model-
    127—286

    15
    year,
    small
    volume
    manufacturers
    only
    are
    permitted
    alternative in-use compliance for 100
    of the fleet.
    The
    percentages shall be applied to the manufacturers’ total
    projected sales for California—certified passenger cars
    and light-duty trucks for the model-year.
    “Alternative
    in-use compliance” shall consist of the following:
    a)
    For all passenger cars and those light—duty trucks
    from
    0-3750
    lbs.,
    loaded vehicle
    weight,
    except
    those diesel vehicles certifying to optional 100,000
    mile standards,
    in—use compliance standards
    shall
    be 0.32 g/mi non-methane hydrocarbon and 5.2 g/mi
    monoxide for 50,000 miles.
    b)
    For light-duty trucks from 3751-5750
    lbs.,
    loaded
    vehicle
    weight,
    except
    those
    diesel
    light
    duty
    trucks
    certifying
    to
    optional
    100,000
    mile
    standards, in—use compliance standards shall be 0.41
    g/mi non—methane hydrocarbon and
    6.7 g/mi carbon
    monoxide for 50,000 miles.
    c)
    In—use compliance standards shall be waived beyond
    50,000 miles.
    5)
    All passenger cars and light-duty trucks,
    except those
    diesel vehicles certifying to
    optional
    standards,
    are
    subject to non—methane hydrocarbon, carbon monoxide, and
    oxides of nitrogen standards determined on a 50,000 mile
    durability basis and non—methane, hydrocarbon and carbon
    monoxide
    standards
    determined
    on
    an
    100,000
    mile
    durability basis.
    12 7—287

    16
    24l.Appendix A
    Table II
    EXHAUST EMISSION STANDARDS
    FOR TRANSITIONAL LOW-EMISSION VEHICLES,
    LOW
    EMISSION
    VEHICLES
    AND ULTRA-LOW-EMISSION VEHICLES IN PASSENGER
    CAR
    AND LIGHT-DUTY TRUCK VEHICLE CLASSES
    (5)(6)
    grams
    per mile (or “g/mi”)j
    Loaded
    Durability
    Vehicle
    Oxides
    Vehicle
    Vehicle
    Vehicle
    Emission
    Non-Methane
    Carbon
    of
    Type
    (‘~
    Weight
    (lbs)
    Basis
    (mi)
    Category
    (2)
    Organic Gases
    (3)
    (4)
    Monoxide
    Nitroge
    PC and
    All
    50,000
    TLEV
    0.125
    (0.188)
    3.4
    (3.4)
    0.4
    (0.4
    LDT
    0—3750
    LEV
    ULEV
    0.075
    (0.100)
    0.040
    (0.058)
    3.4
    (3.4)
    1.7
    (2.6)
    0.2
    (0.3
    0.2
    (0.3
    100,000
    TLEV
    LEV
    ULEV
    0.156
    0.090
    0.055
    4.2
    4.2
    2.1
    0.
    LDT
    3751—
    5750
    50,000
    TLEV
    LEV
    ULEV
    0.160
    (0.238)
    0.100
    (0.128)
    0.050
    (0.075)
    4.4
    (4.4)
    4.4
    (4.4)
    2.2
    (3.3)
    0.7
    (0.7
    0.4
    (0.5
    0.4
    (0.5
    100,000
    TLEV
    LEV
    ULEV
    0.200
    0.130
    0.070
    5.5
    5.5
    2.8
    0.9
    0.5
    0.5
    1)
    “PC” means passenger cars.
    “LDT” means light-duty trucks.’
    2)
    “TLEV” means low—emission vehicles.
    “LEV” means low—emission vehicles.
    “ULEV” means ultra—low—emission vehicles.
    3)
    “Non—Methane Organic Gases”
    (or “NMOG”)
    shall mean the
    total mass of oxygenated and non-oxygenated hydrocarbon
    emissions.
    4)
    Fuel-flexible and dual-fuel PCs and LDTs from 0-5750 lbs.
    loaded vehicle weight (LVW) shall be certified to exhaust
    mass emission
    standards
    for NNOG
    established
    for
    the
    127—288

    17
    operation of
    the vehicle and any available fuel other
    than conventional gasoline, and conventional gasoline.
    a)
    For
    PCs
    and
    LDT5
    from
    0-3750
    lbs.
    LVW,
    the
    applicable exhaust mass emission standard for NMOG
    when
    certifying
    the
    vehicle
    for
    operation
    on
    conventional gasoline shall be:
    i)
    For TLEVs, 0.25 g/mi and 0.31 g/iui for 50,000
    and 100,000 miles, respectively.
    ii)
    For LEVs, 0.125 g/mi and 0.156 g/mi ‘for 50,000
    and 100,000 miles,
    respectively.
    iii) For ULEV,
    0.75 g/mi and 0.090 g/mi for 50,000
    and 100,000 miles,
    respectively.
    b)
    For
    LDTs
    from
    3751—5750
    lbs
    LVW,
    the
    applicable
    exhaust
    mass
    emission
    standard
    for
    NNOG
    when
    certifying the vehicle for operation on conventional
    gasoline shall be:
    i)
    For TLEVs,
    0.32 g/mi and 0.40 g/mi for 50,000
    and 100,000 miles, respectively.
    ii)
    For LEVs 0.160 g/mi and 0.200 g/mi for 50,0000
    and 100,000 miles respectively.
    iii) For
    ULEVs,
    0.100 g/mi and 0.130 g/xni for 50,000
    and 100,000 miles, respectively.
    5)
    The standards in parentheses are intermediate compliance
    standards for
    50,000 miles.
    For PCs and LDTs from
    0-
    5750
    lbs.
    LVW,
    including
    fuel—flexible and dual—fuel
    vehicles when operating on any available fuel other than
    conventional gasoline, intermediate compliance standards
    shall apply to LEVs and ULEVs
    through the
    1998 model-
    year.
    Compliance with standards beyond
    50,000 miles
    shall be waived through the 1998 model-year for LEVS and
    ULEVs.
    a)
    For fuel-flexible and dual-fuel PC and LDTs from 0—
    3750 lbs LVW, intermediate compliance standards for
    NNOG emissions at 50,000 miles, when the vehicle is
    operated on conventional gasoline,
    shall be
    0.32
    g/mi,
    0.188
    g/mi,
    and 0.100 g/mi for TLEVs,
    LEVs,
    and ULEV5 respectively.
    b)
    For fuel-flexible and dual-fuel PCS and LDTs from
    3751-5750
    lbs.
    LVW,
    intermediate
    compliance
    standards for NNOG emissions at 50,000 miles,
    when’
    the vehicle
    is
    operated
    on conventional gasoline
    127—289

    18
    shall be 0.41 g/mi,
    0.238 g/mi,
    and 0.128 g/mi for
    TLEVs, LEVS and ULEVs, respectively.
    6)
    Manufacturers
    of diesel vehicles must also certify to
    particulate standards for 100,000 miles.
    For all PCs and
    LDTs from 0-5750
    lbs LW,
    the particulate standard
    is
    0.08 g/mi,
    0.08 g/mi and 0.04 g/mi for TLEVs,
    LEVs and
    ULEV5, respectively.
    127—290

    19
    241.Appendix A Table III
    FORMALDEHYDE EXHAUST EMISSION STANDARDS
    FOR TRANSITIONAL LOW-EMISSION VEHICLES,
    LOW
    EMISSION VEHICLES,
    AND
    ULTRA—LOW EMISSION VEHICLES IN THE
    LIGHT-DUTY VEHICLE WEIGHT CLASS
    milligrams
    per mile
    (or mg/mi))
    Vehicle
    Durability
    Vehicle
    Vehicle
    Weight
    Vehicle Basis
    Emission
    Formaldehyde
    Type
    (1)
    (lbs.)
    (2)
    (ml)
    Category
    (mg/mi)~
    PC and
    All
    50,000
    TLEV
    15
    (23)
    LDT
    0—3750
    LEV
    15
    (15)
    ‘ULEV
    8
    (12)
    100,000
    TLEV
    18
    LEV
    ‘18
    ULEV
    11
    LDT
    3751—
    50,000
    TLEV
    18
    (27)
    5850
    LEV
    18
    (18)
    ULEV
    9
    (14)
    100,000
    TLEV
    23
    LEV
    23
    ULEV
    13
    1)
    “PC” means passenger cars.
    “LDT” means light-duty trucks.
    2)
    For
    light-duty
    trucks,
    “Vehicle
    Weight”
    shall
    mean
    “Loaded Vehicle
    Weight”
    (LW)
    or
    “Test
    Weight”
    (TW),
    respectively.
    3)
    “TLEV” means transitional low—emission vehicles.
    “LEV” means low—emission vehicles.
    “ULEV” means ultra—low—emission vehicles.
    4)
    Formaldehyde exhaust emission standards apply to vehicles
    designed to
    operate
    on
    any available
    fuel,’
    including
    fuel-flexible and dual-fuel vehicles.
    5)
    The standards in parenthesis are intermediate
    compliance
    standards for 50,000 miles.
    For PCs and LDTs from 0-
    5750
    lbs.
    LW,
    including
    fuel-flexible
    and
    dual-fuel
    vehicles, intermediate compliance standards shall apply
    to
    LEVs
    and
    ULEVs
    through
    the
    1998
    model-year.
    Compliance with standards beyond 50,000 miles
    shall be
    waived through 1998 for LEVs and ULEVs.
    127—291

    20
    241.Appendix B Table I
    FLEET AVERAGE NON-METHANE ORGANIC GAS EXHAUST EMISSION
    REQUIREMENTS FOR LIGHT-DUTY VEHICLE WEIGHT CLASSES
    grams
    per mile (or “g/mi”)
    (6)
    Loaded
    Durability
    Vehicle
    Vehicle
    Vehicle
    Type
    Weight
    Basis
    Model
    Organic Gases
    (1)
    (lbs.)
    (mi)
    Year
    (2X3)(4)(5)
    PC
    and
    All
    50,000
    1996
    0.225
    LDT
    0—3750
    1997
    0.202
    1998
    0.157
    1999
    0.113
    2000
    0.073
    2001’
    0.070
    2002
    0.068
    2003
    & subsequent
    0.062
    LDT
    3751—
    5750
    50,000
    1996
    0.287
    1997
    0.260
    1998
    0.205
    1999
    0.150
    2000
    0.099
    2001
    0.098
    2002
    0.095
    2003
    & subsequent
    0.093
    1)
    “PC” means passenger cars.
    “LDT” means light-duty trucks.
    2)
    “Non—Methane Organic Gases”
    (or “NNOG”)
    shall mean the
    total mass of oxygenated and non—oxygenated hydrocarbon
    emissions.
    3)
    For the purpose of calculating fleet average NNOG values,
    a manufacturer may adjust the certification levels of
    hybrid electric vehicles (or “HEVs”) based on the range
    of the
    HEV without
    the use
    of the
    engine.
    For the
    purpose of calculating the adjusted NMOG emissions, the
    following definitions shall apply:
    a)
    “Type
    A HEV”
    shall mean an
    HEV which
    achieves
    a
    minimum range of 60 miles as defined by the “Federal
    Highway Fuel Economy Test Procedure”
    (HWFWT:
    40 CFR
    127—292

    2.
    600 Subpart
    B) without the use of the engine.
    Use
    of vehicle accessories cannot lower the battery—only
    range below
    60
    miles.
    This definition shall also
    apply to vehicles which have no tailpipe emissions,
    but
    use
    fuel
    f’ired
    heaters,
    regardless
    of
    the
    operating range of the vehicle.
    b)
    “Type B HEy” shall mean an HEV which achieves a range
    of 40
    -
    59 miles as defined by the “Federal Highway
    Fuel
    Economy
    Test
    Procedure”
    (HWFET;
    40
    CFR
    600
    Subpart
    B)
    without the use of the engine.
    Use of
    vehicle accessories
    cannot
    lower
    the battery—only
    range below 40 miles.
    C)
    “Type C HEy” shall mean an HEV which achieves a range
    of
    0
    -
    39 miles
    as defined by the “Federal Highway
    Fuel
    Economy
    Test
    Procedure”
    (HWFET;
    40
    CFR
    600
    Subpart
    B)
    without
    the use
    of the
    engine;
    an HEV
    which enables the vehicle operators to control the
    engine time and modes of operation either directly
    or indirectly;
    an HEV which ‘can be operated solely
    through the use of the engine; and
    all other HEVs
    excluding “Type A” and Type “B” HEVs.
    4)
    Each manufacturer’s
    fleet
    average
    NNOG value
    for
    the
    total number of PCs and LDTs from 0-3750
    lbs.
    “Loaded
    Vehicle
    Weight”
    (LW)
    delivered
    for sale
    in
    Illinois
    shall be calculated in units of g/mi NNOG as:
    (No.
    of
    Vehicles Certified
    to the
    (0.39)
    HC Exhaust
    Emission
    Standard in subparagraphs
    i and ii and Sold x (0.39)
    +
    No.
    of
    Vehicles
    Certified
    to
    the
    Exhaust
    Emission
    Standards
    in
    iii
    and
    Sold
    x
    (0.25)
    +
    No.
    of
    Transitional Low-Emission Vehicles (or “TLEVS”) excluding
    HEVs and Sold) x (0.125)
    +
    (No. of Low-Emission Vehicles
    (or “LEVs”)
    excluding HEVs and Sold)
    x
    (0.075)3
    +
    No.
    of Ultra-Low Emission Vehicles (or “ULEVs) excluding HEV5
    and Sold) x (0.040)
    +
    HEV contribution factor)
    )/
    (Total
    No. of Vehicles Sold, Including Zero-Emission Vehicle and
    HEVs):
    a)
    “HEy
    contribution
    factor”
    shall
    mean
    the
    NMOG
    emission contribution of HEVs to the fleet average
    NNOG value.
    The HEV contribution factor shall be
    calculated in units of g/mi as follows:
    HEV contribution factor
    =
    ((No. of “Type A HEy” TLEVS
    Sold
    x
    (0.100)
    +
    No.
    of “Type B HEy” TLEVs Sold
    x
    (0.113)
    +
    No.
    of
    “Type
    C
    HEy”
    TLEVs
    Sold)
    x
    (0. 125)
    +
    (No.
    of “Type A HEy” LEVs Sold) x (0.057)
    +
    (No. of Type B HEy” LEVs Sold) x (0.066) +
    No.
    of
    “Type C HEy” LEVs Sold)
    x (0.075))
    +
    (No. of “Type
    A HEy” ULEVs Sold
    x
    (0.020)
    +
    ‘No.
    of “Type B HEy”
    127—293

    22
    ULEVs Sold
    x
    (0.030)
    +
    (No. of “Type C HEy’ ULEVs
    Sold
    x
    (0.040))!
    (Total
    No.
    of
    Vehicles
    Sold,
    Including Zero-Emission Vehicles and HEVs)
    b)
    “Zero—Emission Vehicles”
    (or “ZEVs”)
    classified as
    medium-duty vehicles by weight may be ‘designated as
    light—duty vehicles for the purposes of calculating
    fleet average NNOG values.
    5)
    Manufacturers that certify LDTs from 3751-5750 lbs.
    LW,
    shall calculate a fleet average NNOG value in units
    of
    g/mi NMOG as:
    (No.
    of Vehicles Certified to the
    (0.50,)
    HC Exhaust Emission Standard in subparagraphs
    i and ii
    and Sold x (0.50))
    +
    (No.
    of Vehicles Certified to the
    Exhaust Emission Standards in
    iii
    and Sold x
    (0.32)
    +
    (No.
    of TLEVs Sold excluding HEVs)
    x
    (0.160)
    +
    (No.
    of TLEVs Sold excluding HEVs) x (0.100)
    +
    ((No.
    of ULEVs
    Sold
    Excluding
    HEV5)
    (0.050)
    +
    (HEV
    contribution
    factor) )/Total No. of Vehicles Sold, Including ZEVs and
    HEVs).
    a)
    “HEy
    contribution
    factor”
    shall
    mean
    the
    NMOG
    emission contribution of HEVs to the fleet average
    NNOG.
    The
    HEV
    contribution
    factor
    shall
    be
    calculated in units of g/mi as follows:
    HEV contribution factor
    =
    (No.
    of Type A HEy” TLEVs
    Sold
    x
    (0.130)
    +
    No.
    of
    “Type B HEy” TLEVs
    sold
    x
    (0.145)
    +
    No.
    of
    “Type
    C
    HEy”
    TLEVs
    Sold
    x
    (0.160))
    +
    (No.
    of “Type A HEy” LEVs Sold
    x (0.075
    +
    No.
    of “Type B HEy” LEVs Sold
    x
    (0.087)
    +
    No.
    of
    “Type
    C HEy”
    LEV5
    Sold
    x
    (0.100))
    +
    No.
    of
    “Type A HEy” ULEVs Sold
    x
    (0.025)
    +
    No.
    of “Type
    B HEy” ULEVs
    Sold
    x
    (0.037)
    +
    No.
    of “Type C HEV
    ULEVs Sold
    x (0.050))
    6)
    In
    2000
    and
    subsequent
    model
    years,
    small
    volume
    manufacturers
    shall
    comply
    with
    fleet
    average
    NMOG
    requirements.
    a)
    Prior to the year 2000, compliance with the specified
    fleet average NNOG requirements shall ~bewaived.
    b)
    In
    2000
    and subsequent
    model
    years,
    small
    volume
    manufacturers shall not exceed
    a fleet average NMOG
    value of 0.075 g/mi for PCs and LDTs from 0-3750 lbs.
    LW
    for 50,000 miles.
    c)
    In
    2000
    and
    subsequent
    model
    years,
    small
    volume
    manufacturers shall not exceed a fleet average NMOG
    value
    of 0.100 g/mi for LDTs from 3751 —5750
    lbs.
    LW
    for 50,000 miles.
    127—294

    23
    IT IS SO ORDERED.
    R. Flemal dissented.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was adopted
    on
    the
    ~?/.4-2--
    day
    of
    ~7~n4~~)
    ,
    1991,
    by
    a
    vote
    of
    ~
    Dorothy M. ~
    C erk
    Illinois PdJA.ution Control Board
    12 7—295

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