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