ILLINOIS POLLUTION CONTROL BOARD
July 21, 1994
IN THE MATTER OF:
)
ENHANCED VEHICLE INSPECTION AND
)
R94-20
MAINTENANCE (I/M) REGULATIONS
)
(Identical-in--Substance Rules)
AMENDMENTS 35 ILL. ADM. CODE
)
240
Proposal for Public Comment
PROPOSED OPINION AND ORDER OF THE BOARD (by G. Tanner Girard):
On July 20, 1994, the Illinois Environmental Protection
Agency (Agency) filed this proposal for rulemaking. Section
182(b) and (c) of the Clean Air Act (CAA), as amended in 1990,
requires the use of “inspection and maintenance” (I/H) programs
in areas not meeting the national ambient air quality standards
(NAAQS) for ozone and/or carbon monoxide. The CAA specifies the
use of “basic” I/M programs in “moderate” nonattainment areas and
“marginal” nonattainment areas with existing I/M programs. It
requires the use of “enhanced” I/M programs in “serious”,
“severe”, and “extreme” ozone nonattainment areas with urbanized
populations of 200,000 or more. In Illinois, the Chicago and
Metro—East St. Louis (Metro—East) areas are classified as
“severe” and “moderate” nonattainment for ozone, respectively,
and as such are subject to the I/M requirement.
The General Assembly recently enacted the Vehicle Emissions
Inspection Law (625 ILCS 5/13B et seq.) effective January 18,
1994. (P.A. 88-533.) That statute provides authority for the
Agency to implement an enhanced I/H program and meet the United
States Environmental Protection Agency’s (U.S. EPA’s)
requirements for such a program. PA. 88—533 mandates enhanced
I/M testing for the Metro-East area and certain portions of the
Chicago nonattainment area.
P.A. 88-533, at new Section 13B—20, mandates adoption of
enhanced I/N rules by the identical-in-substance rulemaking
procedure. The Agency has proposed codified U.S. EPA emissions
standards concerning evaporative system pressure and purge
testing for the enhanced I/H program in this docket by identical-
in—substance procedures under Section 28.4 of the Act.
This proposal was filed pursuant to Section 28.4 of the Act
and is accepted for hearing. (P.A. 87-1213, effective September
26, 1992; 415 ILCS 5/28.4.) Pursuant to the provisions of that
section the Board is required to adopt regulations that are
identical in substance to federal regulations that the state must
adopt to comply with the 1990 CAA amendments. Section 28.4(g)
provides that Section 5 of the Administrative Procedure Act (5
ILCS 100/5-35 & 5-40) and Title VII of the Environmental
Protection Act (415 ILCS 5/26 through 29) do not apply to this
2
proceeding. Thus, this proceeding will not be subject to First
Notice or Second Notice review by the Joint Committee on
Administrative Rules. Rather, the Board will cause a Notice of
Proposed Amendments to Appear in the Illinois RecTister. The
Board will receive public comments on the proposed amendments for
a period of 45 days after that date of publication. The Board
will then proceed to adopt amendments based on the Agency’s
proposal.
However, major portions of the federal enhanced I/M scheme
are not codified in federal regulations, but exist only as
federal guidance. Section 7.2 of the Act, which defines
“identical—in—substance” rulemaking and establishes conditions
for its use, allows the Board only to adopt federal rules using
this mechanism.
The Agency has accordingly chosen to use the next—fastest
procedural mechanism, the Section 28.5 “fast—track” rulemaking
(P.A. 87—1213, effective September 26, 1992; 415 ILCS 5/28.5),
for those segments of the enhanced I/N rules that are based on
federal guidelines, as that rulemaking also implements the CAA.
The Board has designated that companion docket as R94-19.
The Agency’s proposals represent the procedural means by
which the Agency seeks to achieve the mobile source emissions
standards necessary for the implementation of the enhanced I/H
program. The standards proposed in R94—19 incorporate federal
guidance. The Agency is pursuing codified U.S. EPA emissions
standards concerning evaporative system pressure and purge
testing for the enhanced I/M program in this docket by identical-
in—substance procedures under Section 28.4 of the Act. In
companion docket R94-19, the Agency is pursuing emissions
standards based on U.S. EPA guidance.
The Board does not normally conduct public hearings in
identical-in—substance proceedings, but we will conduct a hearing
in this matter. Since this proposal will ultimately result in a
state implementation plan (SIP) revision, federal law requires
that the state conduct a hearing. The Board will conduct that
hearing so that it coordinates well with the hearings to be
conducted in docket R94-19.
In the interest of administrative economy, the Board directs
the Hearing Officer to verify that the persons on the Notice List
in this proceeding wish to continue to receive mailings in this
proceeding.
ORDER
The Board directs the Clerk to cause the filing of the
following proposal for publication in the Illinois Register:
3
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER k: EMISSION STANDARDS AND
LIMITATIONS FOR MOBILE SOURCES
PART 240
MOBILE SOURCES
SUBPART A: DEFINITIONS AND GENERAL PROVISIONS
Section
240. 101
240. 102
240. 103
240.104
240.105
240.106
240.107
Preamble
Definitions
Prohibitions
Inspection
Penalties
Determination of Violation
Incorporations by Reference
SUBPART B: EMISSIONS
Smoke Emissions
Diesel Engine Emissions Standards for Locomotives
Liquid Petroleum Gas Fuel Systems
Vehicle Exhaust Emission Standards
Compliance Determination
SUBPART C: HEAVY-DUTY DIESEL SMOKE
OPACITY STANDARDS AND TEST PROCEDURES
Applicability
Heavy-Duty Diesel Vehicle Smoke Opacity Standards and
Test Procedures
SUBPART F: EVAPORATIVE TEST STANDARDS
Section
240. 172
240.173
Evaporative SYstem Pressure Test Standards
Evaporative System PurcTe Test Standards
240.Appendix A Rule into Section Table
240.Appendix B Section into Rule Table
AUTHORITY: Implementing Sections 9, 10 and 13 and authorized by
Sections 27 and 28.4 of the Environmental Protection Act -(Ill.
11ev. Ctat. 1989, oh. 111 1/2, par3. 1009, 1010, 1013 and 1027-)-
1415 ILCS 5/9, 10. 13, 27, and 28.4 (1992)1.
Section
240.121
240. 122
240. 123
240. 124
240. 125
Section
240. 140
240.141
4
SOURCE: Adopted as Chapter 2: Air Pollution, Part VII: Mobile
Sources, filed and effective April 14, 1972; codified at 7 Ill.
Reg. 13628; amended in R85—25, at 10 Ill. Reg. 11277, effective
June 16, 1986; amended in R90—20 at 16 Ill. Reg. 6184, effective
April 7, 1992; amended in R94—
_____
at
_____
Ill. Reg.
effective
___________________
NOTE: Capitalization denotes statutory language.
SUBPART F: EVAPORATIVE TEST STANDARDS
Section 240.172
Evaporative System Pressure Test Standards
~ The vehicles shall be inspected utilizing an
evaporative system Pressure test adopted by the AgencY.
~ The vehicle shall fail the evaporative system pressure
test if one of the following occurs:
fl
The system cannot maintain a system pressure above
eight inches of water for up to two minutes after
being pressurized to 14 Dlus or minus 0.5 inches
of water
21
No pressure droP is detected when the gas cap is
loosened
~j The fuel vapor storage canister is missing or
obviously damaged
j) System vapor lines or hoses are missing or
obviously disconnected; or
~j The gas ca~is missing.
(Source: Added at
_____
Ill. Reg.
,
effective
Section 240.173
Evaporative System Purge Test Standards
~j The vehicle shall be inspected utilizing the
evaporative system purge test adopted by the Agenqy~
~j The vehicle shall fail the evaporative system Purae
test if the canister purge system flow as measured
during the course of the transient exhaust emission
test is less than one liter.
(Source: Added at
_____
Ill. Reg.
________
,
effective
IT IS SO ORDERED
5
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above opinion and, rder was
adopted on the
_________________
day of
-
1994, by a vote of ~
.
‘-7
Dorothy M. G9z~h, Clerk
Illinois Po1~1~tionControl Board