98242no.PDF

ILLINOIS POLLUTION CONTROL BOARD

May 21, 1998

IN THE MATTER OF:

ENHANCED VEHICLE INSPECTION

AND MAINTENANCE (I/M)

REGULATIONS: AMENDMENTS

TO 35 ILL. ADM. CODE 240

)

R98-24

(Rulemaking - Air)

Proposed Rule. Second Notice.

OPINION AND ORDER OF THE BOARD (by M. McFawn):

The Board today adopts for second notice amendments to 35 Ill. Adm. Code

240, Enhanced Vehicle Inspection and Maintenance (I/M) Regulations, also known as IM240.

On January 21, 1998, the Illinois Environmental Protection Agency (Agency) filed a proposal

to amend the enhanced I/M program. On January 22, 1998, the Board adopted the

amendments for first notice publication in the

Illinois Register

. See Enhanced Vehicle

Inspection and Maintenance (I/M) Regulations: Amendments to 35 Ill. Adm. Code 240

January 22, 1998, R98-24; see also 22 Ill. Reg. 2720 (February 6, 1998).

Sections 182(b) and 182(c) of the federal Clean Air Act, as amended in 1990 (42

U.S.C. § 7582(b), § 7582(c) (1990)), require the use of I/M programs in areas that do not

meet the National Ambient Air Quality Standards (NAAQS) for ozone or carbon monoxide.

The Clean Air Act specifies the use of “basic” or “enhanced” I/M programs. “Basic”

programs are required in moderate and marginal ozone nonattainment areas with existing I/M

programs. “Enhanced” programs are mandated for serious, severe, and extreme ozone

nonattainment areas with urbanized populations of 200,000 or more. States are required to

submit for approval to the United States Environmental Protection Agency (USEPA) revisions

to their State Implementation Plans (SIPs) which fully describe and assure implementation of a

satisfactory I/M program. In Illinois, the Chicago and Metro-East St. Louis (Metro-East)

areas are classified as “severe” and “moderate” nonattainment areas for ozone. Pursuant to

Section 5/13B-5 of Illinois’ Vehicle Emissions Inspection Law (625 ILCS 5/13B-5 (1996)),

Chicago and Metro-East St. Louis are subject to these I/M regulations.

USEPA has promulgated both final regulations and interim guidelines containing

testing standards and procedures for use in a state’s enhanced I/M emissions testing program

(40 C.F.R. § 51). Illinois’ Vehicle Emissions Inspection Law provides the authority for the

Board to adopt the regulations necessary for Illinois to meet USEPA’s enhanced I/M testing

and performance requirements. The Board has previously adopted the bulk of the standards

necessary for implementation of the enhanced I/M program (R94-19, 18 Ill. Reg. 18228

(December 14, 1994) and R94-20, 18 Ill. Reg. 18013 (December 12, 1994)). The

amendments adopted today for second notice represent the remainder of the mobile source

emissions standards necessary for the implementation of the enhanced I/M program and

constitute an integral part of Illinois’ enhanced I/M package. Once adopted by the Board, they

must be submitted by the Agency as part of the Illinois SIP for final approval by the USEPA.

In sum, these proposed rules contain clarifications and modifications to existing

standards, and new standards for the remaining portions of the enhanced I/M testing program.

More specifically, these proposed amendments:

(1)

replace the current evaporative system testing program (which uses a pressure

test and a purge test to test the entire system’s integrity) with a fuel cap only

inspection;

(2)

add “fast-pass” standards to allow vehicles undergoing I/M 240 exhaust

emissions tests to be tested more quickly, saving time and money;

(3)

add standards for the required on-road sensing test; and

(4)

add a program for on-board diagnostic testing that will become mandatory on

January 1, 2001.

The adoption by the Board of these proposed amendments to Part 240: Mobile Sources

is authorized under Section 28.5 of the Environmental Protection Act (Act) (415 ILCS 5/28.5

(1996)) and mandated by Section 13B-20 of the Vehicle Emissions Inspection Law (625 ILCS

5/13B-20 (1996)). Today, the Board adopts these rules for second notice under the Illinois

Administrative Procedure Act (5 ILCS 100/5 (1996)). We have considered the merits of the

Agency’s proposal and its testimony and find that these regulations are required pursuant to the

Vehicle Emissions Inspection Law and adopted in accordance with Section 28.5(d) of the

Environmental Protection Act for the reasons discussed below.

PROCEDURAL MATTERS

Section 13B-20 of the Vehicle Emissions Inspection Law (625 ILCS 5/13B-20 (1996))

mandates adoption of enhanced I/M rules by the identical-in-substance rulemaking procedure

under Section 7.2 of the Act (415 ILCS 5/7.2 (1996)). It further provides that these proposed

amendments are not subject to the requirements of Section 27(b) of the Act (415 ILCS 5/27(b)

(1996)). However, most of the federal enhanced I/M scheme is not codified in federal

regulations, but exists 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, not federal guidelines. Since, many of the

federal requisites underlying these proposed rules are based upon federal guidance, we cannot

proceed under Sections 7.2 and 28.4 of the Act with this rulemaking.

The Board previously addressed this issue in R94-19 (18 Ill. Reg. 18228 (December

14, 1994) which also amended the enhanced I/M program. In that rulemaking, major portions

of the federal enhanced I/M scheme were also not codified in federal regulations, but existed

only as federal guidance. At that time, the Agency suggested and the Board agreed to use the

next-fastest procedural mechanism, rulemaking under Section 28.5 of the Act (415 ILCS

5/28.5 (1996)), known as “ fast-track” rulemaking. Section 28.5 fast-track rulemaking is to

be applied to “promulgate a rule that the Clean Air Act requires to be adopted.” “Requires to

be adopted” is defined as referring “only to those regulations or part of regulations for which

the United States Environmental Protection Agency is empowered to impose sanctions against

the State for failure to adopt such rules.” 415 ILCS 5/28.5 (1996). Such was the case for

that rulemaking, and is the case in this rulemaking. Here again, most of the federal requisites

underlying these enhanced I/M amendments exist only as federal guidance, yet this program is

required by the Clean Air Act. Therefore, the Board once again finds that this rulemaking

implements the Clean Air Act and is acting to adopt it in accordance with the fast-track

requirements in Section 28.5 of the Act.

Section 28.5 contains numerous procedural requirements including specific timeframes

that the Board must follow in a fast-track rulemaking. The Board has no discretion to adjust

the timeframes under any circumstances. The Board is required to hold one to three hearings

within a fixed number of days, and the number of hearings held fixes the number of days the

Board has to finally adopt the subject rulemaking. Since only one hearing was held in this

rulemaking, the Board has only 130 days after it receives the Agency’s proposal to adopt

regulations for second notice.

On March 17, 1998, the one hearing on the merits of the proposal was held in

Chicago.

The second and third hearings originally scheduled for April 14, 1998, and April

28, 1998, respectively, were canceled pursuant to Section 28.5(g) because the Board received

no requests that those hearings be held. At hearing, Elizabeth Tracy, manager of the Division

of Vehicle Inspection and Maintenance, Michael Hills, engineer in technical services with the

Vehicle Inspection Test Program, and James Matheny, engineer manager of technical services

with the Vehicle Inspection Test Program, testified on behalf of the Agency.

The Board received three filings in this proceeding.

The Agency’s prehearing

comments were filed by Michael Hills on March 4, 1998. At hearing, the Agency presented

the Board with an errata sheet containing additional amendments to Part 240. On April 3,

1998, the Agency filed its post hearing public comment. No additional filings or public

comments were filed with the Board during the first notice period.

The transcript of the March 17, 1998, hearing will be referred to as Tr. at __.

The Agency’s prehearing comments will be referred to as Pre. Comm. at __; the Agency’s

errata sheet will be referred to as Errata at __; the Agency’s post hearing comments will be

referred to as Post Comm. at __.

ANALYSIS

Subpart A: Definitions and General Provisions

Section 240.102: Definitions

Section 240.102 contains the definitions applicable in the I/M program. The Agency

proposed amendments necessary to conform the definitions with the program changes it

proposed in the remainder of Part 240. First, the Agency proposed that a fuel cap test replace

the two tests currently required under the evaporative system testing program. Accordingly,

the definitions of “pressure test” and “purge test” are deleted. and the following new terms

were proposed: “evaporative system integrity test;” “fuel cap;” “fuel cap leak flow test;”

“fuel cap leak flow tester;” “fuel cap pressure decay test;” “fuel cap pressure decay tester;”

and “fuel cap visual function test.”

Stat. of Reas. at 11. All of these terms are applicable to

the different fuel cap tests added at Subpart F: Evaporative Test Standards. See discussion at

pages 10-12.

The Agency also proposed amending one existing definition and eliminating three other

definitions. First, the definition for “high idle” is amended so that it is no longer applicable to

the preconditioning mode of a steady-state idle test. See State of Reas. at 11. Next, the

following three definitions are entirely deleted. The reasons for their deletions are discussed

under the appropriate sections referenced below.

(1)

“Tier I” because the exhaust emission standards defined therein are no longer

required, and all references to the Tier 1 standards are deleted from Part 240.

Those references were removed from Sections 240.162, 204.163, and Section

240.Tables A and B.

(2)

“Test procedure” to eliminate any confusion in interpretation. Section 240.141

(currently not being considered by the Board) contains references to “test

procedure” in both the heading and within the section itself. The section also

contains references to “standards.” The current definition of “test procedure”

creates confusion as to whether test procedures are different from standards.

(3)

“Two speed idle test” because that test is no longer utilized by the Agency. The

Agency’s procedures at Section 276.204 currently require only a single-speed

idle test. While Section 240.125 of the Board’s regulations should also have

been amended to remove the reference to two-speed idle test, cannot be

amended at this time as the Illinois Administrative Procedures Act (5 ILCS

100/5-30(b), (c) (1994)) requires that any amended sections be published in the

Illinois Register

at first notice.

The Agency’s Statement of Reasons will be referred to as State. of Reas. at __.

The Board agrees that the changes proposed by the Agency are necessary to understand

all the revisions to the I/M program. Accordingly, these amendments are included in the

attached order.

Section 240.104: Inspection

Section 240.104 contains the compliance requirements for motor vehicles which must

be inspected under the Vehicle Emissions Inspection Law. Currently this section is a single

paragraph which contains the compliance requirements for two sets of vehicles. The first set of

vehicles, those subject to inspection under Section 13A of the Vehicle Emissions Inspection

law (625 ILCS 5/13A-104 (1996)), must comply with the exhaust emission standards found at

Section 240.141. (Section 240.141 is not amended in this rulemaking.) This requirement

(unchanged) will now be found in the new subsection (a).

Subsection (b) will contain the compliance requirements for the second set of vehicles,

those subject to inspection under Section 13B of the Vehicle Emissions Inspection Law (625

ILCS 5/13B (1996)). Those vehicles will be required to comply with the emission standards

found at Sections 240.152, 240.162, 240.163, and 240.172. The Agency also proposed

amending the new subsection (b) to require compliance with the new vehicle emission

standards for remote sensing diagnostic (RSD) standards and on-board diagnostic (OBD)

testing, which are newly proposed at Sections 240.182 and 240.192, respectively. Stat. of

Reas. at 12. Finally, the Agency also proposed eliminating the cross-reference to Section

240.173, which contains the purge test.

The Board agrees with the suggested reorganization of Section 240.104 and deletion of

the purge test reference. Also, we find that amendments proposed at 240.104(b) are necessary

to require inspection and compliance with the new vehicle emission standards for RSD and

OBD testing set forth in the cross-referenced Sections 240.182 and 240.192. The cross-

reference to the purge test at Section 240.173 is deleted. For the reasons set forth above, the

purge test is eliminated under today’s proposed rules. These amendments are included in the

attached order.

Section 240.105: Penalties

Section 240.105 sets forth penalties for violations of Part 240. The Agency proposes

changes to Section 240.105 to reflect the addition of penalties for exceedences of the RSD and

OBD standards found at new Section 240.182 and 240.192, respectively, and to eliminate

penalties for not meeting the purge test standards formerly contained in Section 240.173 which

is being deleted. Stat. of Reas. at 12. Also, at first notice the proposed rules contained

several typographical errors which are corrected by today’s order. Errata at 1.

The Board finds that these amendments serve to conform the existing rules to the

proposed amendments, and they are included in the attached order.

Section 240.106: Determination of Violation

Section 240.106 specifies how violations of the various standards of Part 240 are to be

determined. For example, violation of the smoke emission standard at Section 240.103 must

be determined using visual observation or a qualified opacity measuring system. As with the

changes proposed at Sections 240.104 and 240.105, the Agency proposed adding to this

Section the cross-references to the newly proposed RSD and OBD standards, and that the

cross-reference to the purge test be eliminated. Stat. of Reas. at 13 and Exhibit 1 at 1. Also,

at first notice the proposed rules contained several typographical errors which are corrected by

today’s order. Errata at 1.

The Board finds that these amendments to the existing rule are necessary to clarify how

violations of the RSD or OBD standards will be determined and that the purge test will no

longer be considered an element of the I/M program. Accordingly, these amendments are

included under Section 240.106 in the attached order.

Section 240.107: Incorporation by Reference

Section 240.107 contains a list of documents incorporated by reference into Part 240.

The Agency proposed that the Board amend Section 240.107(c), which contains a reference to

a USEPA formal guidance document entitled “Report EPA AA EPSD IM 1, High Tech I/M

Test Procedures, Emission Standards, Quality Control Requirements, and Equipment

Specifications”. Stat. of Reas. at 13. The Agency proposes that this reference be deleted and

replaced with USEPA’s most recent formal guidance that was updated in June 1996. Stat. of

Reas. at 13. The title of the more recent reference document is: “High-Tech I/M Test

Procedures, Emission Standards, Quality Control Requirements, and Equipment

Specifications: IM240 and Functional Evaporative System Tests, Revised Technical

Guidance” (High-Tech Guidance). State of Reas. at 13.

At hearing, the Board questioned the Agency regarding the appropriate address to

obtain a copy of the USEPA High-Tech Guidance and whether that address should be included

in Section 240.107. Tr. at 21. In its post hearing comments, the Agency confirmed that the

following address for the USEPA High-Tech Guidance should be included at Section 240.107:

2525 Plymouth Road, Ann Arbor, Michigan, 48105. PC at 3.

The Board finds that this amendment is necessary to update the reference to the USEPA

formal guidance document; it is included in the attached order.

Subpart E: Transient Loaded Mode Test Emission Standards

Section 240.162: Vehicle Exhaust Emission Start-Up Standards and Section 240.163: Vehicle

Exhaust Emission Final Standards

Both existing Sections 240.162 and 240.163 make the vehicle exhaust emission

standards applicable to vehicles which are subject to inspection under Section 13B-15 of the

Vehicle Emissions Inspection Law. See Section 240.104. Pursuant to Section 240.162, the

vehicle exhaust emission start-up standards are applicable to all such vehicles by cross-

referencing the standards found in Table A of Part 240. Pursuant to Section 240.163 the

vehicle exhaust emission final standards are applicable to all vehicles by cross-referencing the

standards found at Table B of Part 240.

The Agency proposed two types of amendments to these sections and tables. First, the

Agency proposed that the applicability timeframes now contained in the rules be changed from

a fixed date to a “variable” date. Second, the Agency proposed that references to “Tier 1”

standards be deleted from both sections and both tables.

Applicability Time Frames

Currently, the applicability timeframes for the vehicle exhaust emission standards is

phased. Under the existing rules, the start-up standards were applicable until December 31,

1997, and the final standards became applicable on January 1, 1998. The Agency proposed

changing the applicability date for the start-up and final standards from a fixed date (both of

which have passed) to a date (unspecified) dependent upon when enhanced I/M testing actually

begins. Stat. of Reas. at 13-14. Negotiated changes with the contractor who will be

implementing the enhanced I/M program have resulted in revisions to the start-up and final

standards dates. Stat. of Reas. at 13. The Agency’s test contractor may begin enhanced I/M

testing on the first day of any month between December 1998, and June 1999, depending upon

certain conditions being met. Stat. of Reas. at 14. Therefore, the Agency proposes that the

start-up standards still be phased-in over a two year period before the final standards become

applicable. Since the ending date for the start-up standards cannot be fixed until enhanced I/M

testing begins, the initial date that the final standards replace the start-up standards cannot yet

be specified. State of Reas. at 14.

The current ending date for the start-up vehicle emission standards in Section 240.162

is December 31, 1997. That date is past. Because its contractor for enhanced I/M testing will

be allowed to start testing on the first day of any month between December 1998 and June

1999, the Agency proposed that the start-up standards become applicable sometime after

December 1, 1998 and be applicable for two years. The Board accepts that the beginning date

for enhanced I/M testing must be a floating date rather than a fixed date so the Agency’s test

contractor may have a six month period within which to initiate the enhanced I/M testing. The

Board agrees with the Agency’s proposed two years to make the transition from these

standards to the final standards. Therefore, the previous ending date for start-up standards in

Section 240.162 is deleted and replaced with a description that these standards will be

applicable for two years after the enhanced I/M testing is begun. This means that the start-up

standards will become applicable on the first day of the month between December 1998 and

June 1999 and expire no later than June 2001. Tr. at 44.

Given that the ending date for the start-up standards is not yet established, the actual

date for the final standards can no longer be a fixed date. Again, Section 240.163 currently

provides that the final standards became applicable on January 1, 1998. Therefore, the Board

will amend Section 240.163 to provide that the final standards will become applicable at the

conclusion of the testing for the start-up standards; no fixed date will be included in the rule at

this time. As discussed above, that date will be two years after the enhanced I/M testing is

begun,

i.e.

, sometime between December 2000 and June 2001. The Board urges the Agency

to inform it when this date can be established,

i.e.

, notify the Board as to the date its test

contractor begins enhanced I/M testing, so that Section 240.163 can be amended to include a

fixed date. Such an amendment will simplify the rule for the regulated community and those

enforcing the regulations.

Elimination of Tier 1 Vehicle Emission Standards

Sections 240.162 and 240.163 reference the Tier 1 emission standards found in Tables

A and B. Tables A and B contain vehicle emission standards for three pollutants:

hydrocarbons, carbon monoxide, and oxides of nitrogen. The emission levels vary depending

upon the vehicle model years,

e.g.

, 1991-1995, 1983-1990. One model year is designated

“Tier 1(1994+).” Tier 1 is currently defined at Section 240.102 to mean:

the exhaust emission standards required by the Clean Air Act as amended in

1990 that require auto makers to reduce tailpipe emissions of hydrocarbons and

oxides of nitrogen by 35% and 60%, respectively, from existing standards,

beginning with 40% of the vehicles sold in 194, 80% in 1995, and 100%

thereafter.

As mentioned in the discussion of Section 240.102, the Agency proposed that this

definition be deleted. The Agency proposed that the Tier 1 standards be eliminated because the

USEPA’s High Tech Guidance now recommends that the vehicle emission standards apply

only to all 1996 and newer “light duty vehicles,” “light duty trucks 1,” and “light duty trucks

2”. Stat. of Reas. at 14; see High Tech Guidance, Exh. 15.b at 2-3. Formerly, the guidance

recommended Tier 1 standards apply to all model year 1996 and newer vehicles and model

year 1994 and new vehicles certified to Tier 1 standards. Furthermore, the Agency maintains

that the elimination of “Tier 1” requirements for these model year vehicles will simplify

testing operations. Stat. of Reas. at 14. Tier 1 vehicles can only be identified by

inspecting/evaluating the vehicle emission labels located in the engine compartment. Stat. of

Reas. at 14. Therefore, the hood of the vehicle must be opened which the Agency contends

increases both test time and the potential for vehicle damage.

The Board finds that removing the Tier 1 standards from Tables A and B, and the

cross-references to Tier 1 in Sections 240.162 and 240.163 are appropriate. The Board will

delete these requirements and references since the USEPA recommends in its High-Tech

Guidance that the these vehicle emission standards be applicable only to 1996 and newer “light

duty vehicles,” light duty trucks 1,” and “light duty trucks 2.”

Section 240.164: Vehicle Exhaust Emission Fast-Pass Standards

The Agency proposed adding new “fast-pass” standards for the IM240 exhaust

emission test. Stat. of Reas. at 15; Pre. Comm. at 2. Table C of Part 240 contains the new

vehicle exhaust emission fast-pass standards, and according to a new Section 240.164, these

are the standards to be applied to vehicles that must be inspected pursuant to Section 240.161

utilizing the IM240 transient loaded mode exhaust emission test specified in the Agency’s rules

at 35 Ill.Adm.Code 276. The IM240 transient loaded mode exhaust test procedure, developed

by USEPA, will be used to measure exhaust emissions of hydrocarbons and carbon monoxide

while the vehicle is operated on a chassis dynamometer. Pre. Comm. at 2. The IM240

driving cycle consists of a series of accelerations, decelerations, and high-speed cruise modes

over a 240-second period which, due to the load or resistance provided by the dynamometer,

allows for measurement of emissions under simulated on-road driving conditions. Pre.

Comm. at 2.

The Agency asserts that the IM240 standards (currently at old Section 240.164) require

a full 240-second driving cycle for all tests, regardless of how clean the vehicle’s emissions

appear early on in the driving cycle. Pre. Comm. at 2. The proposed fast-pass standard will

allow vehicles to pass the IM240 test much more quickly by enabling vehicles which exhibit

clearly clean emission to pass the IM240 exhaust emission test before the entire 240-second

period has elapsed. Stat. of Reas. at 15; Pre. Comm. at 2. Essentially, the fast-pass standard

allows for more vehicle testing in less time, thereby reducing motorists’ testing time and

resulting in a less expensive test network for the State. Stat. of Reas. at 15; Pre. Comm. at 2.

The Board finds that the Agency’s proposed fast-pass standards will reduce testing

time, and thereby allow for testing volume to be increased, and result in a less expensive test

network. Accordingly, the Board deletes old Section 240.164 and adopts new Section 240.164

and Table C for second notice.

Section 240.165: Compliance Determination

The Agency proposes moving the current Section 240.164 to new Section 240.165(a),

the only changes in the existing language is to update the title of the referenced document. See

discussion at page 6 regarding Section 240.107.

The Agency also proposed a new subsection (b), which contains compliance

determination procedures for fast-pass standards, and is based upon USEPA’s High-Tech

Guidance. Stat. of Reas. at 16. Compliance with fast-pass IM240 standards is determined by

measuring the vehicle’s cumulative emissions of each pollutant in each second, and comparing

them to separate cumulative fast-pass standards for each pollutant for each second of the test.

Pre. Comm. at 2.

The Agency noted that like the full-cycle IM240 standards, the proposed fast-pass

standards establish two methods in which a vehicle can pass: composite and Phase 2. Pre.

Comm. at 3. In the case of fast-pass standards, compliance determination with composite fast-

pass standards begins at second 30 and is based upon emissions accumulated from the start of

the IM240 test. Pre. Comm. at 3. Compliance determination with Phase 2 fast-pass standards

begins at second 109 and is based upon emissions accumulated from second 94 of the IM240

test. Pre. Comm. at 3. If the vehicle does not meet all of the fast-pass standards within 240

seconds, then the pass/fail determination for each exhaust component will be based upon

compliance with the composite or Phase 2 emission standards for the full driving cycle located

in 35 Ill. Adm. Code 240.162 and 240.163. Those are the start-up and final vehicle exhaust

emission standards discussed above.

The Board agrees that the amendments proposed by the Agency are necessary. Section

240.165(a) now contains the method for determining compliance with the IM240 standards

when the full driving cycle test is used,

i.e.,

Tables A and B. This regulation is simply

relocated from Section 240.164 which is necessary to accommodate the addition of fast-pass

standards at Section 240.164. The Board modifies subsection (a) slightly by adding a title,

“Vehicle Exhaust Emissions Start-Up and Final Standards.” Section 240.165(b) is new. It

contains the method for determining compliance with the new fast-pass standards located in

Table C of Part 240. Obviously, this section is necessary to provide a means for determining

whether vehicles pass the “fast-pass” standards in Table C. The Board amends subsection (b)

by removing the reference in the title to “Compliance Determination” to avoid redundancy

with the Section 240.165 heading, which already includes this phrase. 240.165 is adopted for

second notice with these amendments.

Subpart F: Evaporative Test Standards

Section 240.171: Applicability

Subpart F contains the standards and regulations concerning evaporative testing.

Currently, Section 240.171 contains two rules about the applicability of the evaporative system

integrity test standards found in Subpart F. The Agency proposed removing subsection (b)

which concerns the purge standards currently located in Section 240.173. The Agency

proposed deleting Section 240.171(b) because recent amendments to the Vehicle Emission

Inspection Law made purge testing optional rather than mandatory. Stat. of Reas. at 16; see

Section 10 of P.A. 90-475 (eff. August 17, 1997). Purge testing has been eliminated as a

mandatory requirement of the enhanced I/M program because the test cannot currently be

performed reliably or economically in the high through-put, centralized test system to be built

in Illinois. Stat. of Reas. at 16; Pre. Comm. at 6. As Section 240.171(b) will be deleted, the

Agency also proposed removing the paragraph lettering for Section 240.171(a), leaving the

text in place. Stat. of Reas. at 16.

The Board agrees that since purge testing is no longer mandatory and the Agency

claims that it cannot be reliably or economically performed in the I/M testing system it is

overseeing in Illinois, the requirement to perform purge testing should be deleted. See

infra

concerning Section 240.173. Therefore Section 240.171(b), the rule about its applicability is

deleted.

Section 240.172: Evaporative Integrity Test Standards

Section 240.172 establishes standards for vehicles subject to the evaporative system

integrity test. The proposed changes are premised on the Agency’s determination that it is

infeasible to perform a full pressure test of a vehicle’s entire evaporative system. Pre. Comm.

at 3. The Agency, therefore, proposed that it inspect the vehicle’s fuel cap, which is a major

component of the evaporative system. Stat. of Reas. at 17.

The Agency has identified that, in addition to visual inspection, there are two different

instruments used for testing a fuel cap for leakage: a “leak flow” tester or a “pressure decay”

tester. Stat. of Reas. at 17; Pre. Comm. at 3. The Agency explains that the fuel cap leak

flow test determines fuel cap integrity by using a leak flow tester that measures actual leakage

flow rate through the fuel cap and compares it to the flow through a designated master orifice.

Pre. Comm. at 3-4. The fuel cap pressure decay test determines fuel cap integrity by

measuring the actual pressure decay over a period of ten seconds while the fuel cap is

pressurized. Pre. Comm. at 4. Fuel caps that are proper for the vehicle being tested, but do

not fit either the leak flow or pressure decay fuel cap tester (due to the lack of a proper

adapter), will be tested using a visual functional test. Pre. Comm. at 4. This test will involve

a visual inspection of the fuel cap for damage or missing parts. Pre. Comm. at 4.

The Agency is currently using a leak flow test device for advisory testing, but

explained that it desires the flexibility to use either the leak flow or the pressure decay method,

since in the enhanced I/M program, the pressure decay method will be used in the testing

lanes, and the leak flow method will be used for gas cap-only retests. Stat. of Reas. at 17. By

testing the fuel cap instead of the full evaporative system, the Agency testifies that it will

eliminate any problems created by intrusive, underhood inspections and will still receive 40%

of the emission reduction credit that would be received if a test of the entire system were

performed. Stat. of Reas. at 17; Pre. Comm. at 4. In addition, problems detected with the

fuel cap test can be corrected with a simple replacement of the fuel cap. Pre. Comm. at 4.

Therefore, time and cost to the motorist created by the fuel cap test will be quite minimal

when compared to the full evaporative system test. Pre. Comm. at 4.

At hearing, the Board asked the Agency to confirm the correct heading for this section

and all other references to this test. Tr. at 22. The Agency replied that this section and all

references to this test should be referred to as the “Evaporative System Integrity Test

Standard.” Tr. at 22.

The Board finds that the Agency’s proposed amendments are warranted to perform an

evaporative system integrity test. Using either the leak flow, pressure decay, or the visual

function test will allow for flexibility to efficiently conduct the evaporative system integrity

test.

Section 240.173 Evaporative System Purge Test Standards

Section 240.173 contains the standards for the evaporative system purge test. The

purge test was included as part of the enhanced I/M testing program in 1994 because,

according to the Agency, the USEPA insisted it be in the program. Stat. of Reas. at 18; see

Enhanced Vehicle Inspection and Maintenance (I/M) Regulations Amendments to 35 Ill. Adm.

Code 240 (December 1, 1994), R94-20, slip op. at 4. The Agency explained that USEPA has

subsequently determined that the problems involved with trying to implement this test in a high

through-put, centralized testing program cannot presently be overcome. Stat. of Reas. at 18.

Furthermore, the Vehicle Emission Inspection Law has been amended to eliminate the

mandatory requirement for the purge test. See P.A.90-475, effective August 17, 1997.

Consequently, the Agency proposed eliminating the purge test as a mandatory part of the

required enhanced I/M test. Stat. of Reas. at 18.

The Board finds that the purge test standards of the evaporative system should be

eliminated from the state’s enhanced I/M program because of the subsequent determination by

USEPA and the Agency that the purge test could not be quickly, reliably, or economically

performed. Section 240.173 is deleted from Part 240 in the attached order for second notice.

Subpart G: On-Road Remote Sensing Testing

The Agency proposed a new subpart to fulfill new requirements of the Vehicle

Emission Inspection Law that the enhanced I/M program include on-road remote sensing

testing. Stat. of Reas. at 18; see 625 ILCS 5/13B-20 (1996). On-road remote sensing testing

is also required by USEPA as a part of the enhanced I/M program. State of Reas. at 19; see

57 Fed. Reg. 52950, 52967 (November 5, 1992); 40 § C.F.R. 51.371.

Specifically, in a new Section 240.182, the Agency proposed emission standards for

on-road remote sensing for hydrocarbons and carbon monoxide. In a new Section 240.181, it

proposed that these standards be applicable to all vehicles that will receive on-road tests

pursuant to 35 Ill. Adm. Code 276,

i.e.,

all 1968 and new “light duty vehicles,” “light duty

trucks 1,” and “light duty trucks 2.” Finally, in a new Section 240.183, it proposed that

compliance be measured using test procedures adopted by the Agency. Tr. at 41. In that

section, the Agency also provided the procedures for notifying the vehicle owner that the

vehicle failed the on-road test. Stat. of Reas. at 18-19. Pursuant to Section 13B-20 of the

Vehicle Emission Inspection Law, the vehicle owner is not obligated to do anything until the

vehicle has failed the on-road emission sensing testing for a second time. This limitation is

legislatively mandated to avoid a determination of non-compliance based upon false failures of

the on-road test.

The Agency proposed the emission standards for on-road remote sensing testing based

upon a study by the Wisconsin Department of Natural Resources. State of Reas at 19. The

Agency explained that its proposal is based upon this study because the USEPA did not

provide any guidance for such standards. State of Reas. at 19. At hearing, Mr. Hills testified

that the Agency had selected the Wisconsin study because it was the most comprehensive in

that it tested 71,000 vehicles. Tr. at 26. The false failure rate in the Wisconsin study was

three percent. Tr. at 28.

The Agency advocates this program because it can be used on in-use vehicles and is

non-invasive, and according to the Agency, it is an available technology. Pre. Comm. at 4.

The test procedures involve using an open-path infrared sensor to measure the concentrations

of hydrocarbons, carbon monoxide, and carbon dioxide emitted from the tested in-use vehicle.

Pre. Comm. at 4; Tr. at 28, 39. The testing apparatus is not manned, but rather temporarily

installed at testing points, such as entrance ramps to expressways. Tr. at 28. The apparatus

would likely be placed at on-ramps to expressways rather than off-ramps, to read emissions

from a vehicle that is accelerating. Tr. at 28-29. Mr. Hills testified that measuring vehicle

emissions from a decelerating vehicle may cause false failures. Tr. at 28.

Mr. Hills further explained that an infrared beam from the testing apparatus takes a

snapshot of emissions coming out of the tail pipe of a vehicle that crosses the beam. Tr. at 28.

The infrared beam measures the concentration of hydrocarbons, carbon monoxide, and carbon

dioxide emitted from a vehicle. Tr. at 28. To identify the tested vehicle, a camera

automatically photographs the vehicle’s license plate. Pre. Comm. at 4-5; Tr. at 28.

Section 240.183 provides that compliance is determined based upon procedures adopted

by the Agency. Compliance is determined by comparing the measured emission concentration

of each pollutant to the on-road remote sensing emission standard contained in Section

240.182. Pre. Comm. at 5. In response to a Board question at hearing regarding the adoption

of on-road diagnostic procedures, the Agency stated that it has not yet drafted those

procedures. Tr. at 39. The Agency explained that it intends to adopt procedures at Part 276

within three to six months after hearing that will ensure the following: locating the remote

sensing diagnostic devices to minimize false passes; a representative cross-section of vehicles

in the area; and safety of the operator’s equipment. Tr. at 40.

The Board requests that the Agency notify the Board when its procedures are adopted

under the Administrative Procedures Act. The Board will then determine the best way to

communicate this information to the regulated public either by amending this rule to include a

specific citation or through other means.

Section 240.183 also includes the procedures the Agency must use to notify the

vehicle’s owner that the vehicle failed the on-road remote sensing emission testing. In no case

may such a notice be sent to vehicles registered outside the affected counties. The affected

counties are listed at Section 13B-5 of the Vehicle Emissions Inspection Law.

There is a two step notice procedure when a vehicle fails the on-road emission sensing

test. The first time the vehicle fails the test, the notice must notify the vehicle owner of the

time and location where the on-road remote sensing emission test was taken, and the emission

readings and emission standards exceeded. Although the vehicle’s emissions exceeded the

standards set out in Section 240.182, there is no violation until the vehicle fails the test for a

second time. Again, this is to help prevent non-compliance based upon a false failure of the

vehicles.

The second time the vehicle fails the on-road remote sensing emission test, and that

second exeedence occurs prior to the next scheduled in-cycle emissions test, the Agency must

notify the vehicle owner of the second failure. Pre-Comm. at 5. In so doing, the Agency

must include the same information required in the first notice. However, in this second

instance, the Agency must also notify the vehicle owner of the obligation to take the vehicle

for inspection at a local inspection station. This inspection is referred to as an “out-of-cycle

follow up inspection.” Again, at hearing, Mr. Hills explained that the two failure rule is

necessary because it will prevent false failures and it is required by the Vehicle Emission

Inspection Law (625 ILCS 13B-15 (1996)).

The Board finds that the Agency’s proposed rules for the on-road remote sensing

emission testing meet the requirements of the Vehicle Emission Inspection Law. Therefore,

the Board’s order contains the language modified slightly from that proposed by the Agency.

In addition to fulfilling statutory requirements, the Board hopes the on-road remote sensing

emission testing will be an effective tool for evaluating the effectiveness of enhanced I/M on

the in-use performance of vehicles as well as an effective means for identifying vehicles that,

between in-cycle I/M inspections, have an increase in exhaust emissions.

Subpart H: On-Board Diagnostic Test Standards

The Agency proposed a new subpart to contain the necessary rules for the on-board

diagnostic (OBD) program. The OBD system is used on vehicles, in part, as an emission

control diagnostic system that is capable of identifying deterioration or malfunction in certain

vehicle components which could cause increase in emissions that exceed the emission

standards. Pre. Comm. at 5. If the OBD system detects any deterioration or malfunction, a

fault code is recorded in the system for later retrieval and the malfunction indicator light

(MIL) is illuminated on the dashboard. Pre. Comm. at 5. The OBD test is conducted by

connecting the in-lane computer test system to the vehicle’s OBD system. Pre. Comm. at 6.

The test system will then send a request to determine the readiness of the vehicle’s OBD

system. Pre. Comm. at 6. The test system will then download the MIL status and trouble

code information to the vehicle test record. Pre. Comm. at 6. Pass/fail determination will be

made by comparing the MIL status and trouble code information to the OBD test standards

proposed at Section 240.192. Pre. Comm. at 6.

The regulations proposed by the Agency parallel in part those required under the

enhanced I/M program under federal law pursuant to the Clean Air Act, as amended (42

U.S.C. § 7582(b), § 7582(c) (1990)) and state law pursuant to Vehicle Emission Inspection

Law (625 ILCS 5/13B-20(1996)). When the Agency filed its proposal, federal law required

that states adopt a two step OBD program. First, USEPA required OBD testing in all I/M

programs beginning January 1, 1998. 61 Fed. Reg. 40939, 40946 (August 6, 1996); see 40

C.F.R. § 51.373; Tr. at 34. Second, USEPA required that the enhanced I/M program begin

to “pass” or “fail” vehicles based upon compliance with the OBD standards by January 1,

2000. 61 Fed. Reg. 409939, 40946 (August 6, 1996); see 40 C.F.R. 51.357(b)(4), 85.222;

Tr. at 35. However at the time it filed its proposal, the Agency also informed the Board that

USEPA intended to propose that this date be delayed until January 1, 2001 (Letter from Gay

MacGregor, Director of Regional and State Programs Division, Office of Air and Radiation,

USEPA, to Air Division Directors, received by the Agency on November 4, 1997). State of

Reas. 21; 62 Fed. Reg. 66841 (December 22, 1997). On December 22, 1997, USEPA did

just that; it proposed a rule delaying the initial date until January 1, 2001. Since hearing,

USEPA adopted a final rule delaying the implementation of the OBD testing standards until

January 1, 200l. 63 Fed. Reg. 24429 (May 4, 1998). The Board takes official notice of this

federal action.

Based upon the December 22, 1997 proposed USEPA rule and the federal guidance

(letter), the Agency asked the Board to adopt OBD testing; however, the Agency requested

that only OBD testing be implemented, and that the Board not make mandatory pass/fail

testing. See State of Reas. at 21; Tr. at 34-35. The Agency sought to have the testing portion

of the OBD program adopted and implemented to allow it to gain more experience about OBD

testing before the OBD program becomes mandatory. Tr. at 31; State of Reas. at 21. The

Agency’s request for testing only stems from USEPA’s original adoption of OBD testing

standards. Tr. at 34-35; see 61 Fed. Reg. 40940 (August 6, 1996). In that original rule,

USEPA required OBD testing in all I/M programs beginning January 1, 1998, but it did not

require that mandatory pass/fail commence until January 1, 2000. See 40 C.F.R. § 51.373, §

85.2207. USEPA noted that, “[d]uring this two year test-only period, EPA in cooperation

with states and motor vehicle manufacturers hopes to gather data on the effectiveness of

OBD.” 61 Fed. Reg. at 40940.

In the final rule delaying the mandatory pass/fail date for OBD testing to January 1,

2001, USEPA amended 40 C.F.R. § 51.373, which now provides that on-board diagnostic

checks shall be implemented by January 1, 2001. 63 Fed. Reg. 24429, 24433 (May 4, 1998).

In response to comments regarding whether a state could implement the OBD testing before

the January 1, 2001, deadline, USEPA indicated there are benefits to implementing the OBD

testing before the mandatory pass/fail date: increased consumer knowledge and acceptance of

OBD testing and the opportunity to work through start-up problems such as complications with

equipment and network compatibility. 63 Fed. Reg. at 24431. The final rule, however, does

not mandate that the states include OBD testing prior to January 1, 2001.

When it finalized the one year extension of the OBD program, USEPA noted the states

are required to amend their I/M SIP submittals to include the OBD program within two years

of the federal promulgation of the OBD program,

i.e.

, these SIP packages are due no later

than August 6, 1998, because the initial OBD program was federally promulgated on August

6, 1996. Some commentators questioned whether this date should be extended since USEPA

has not finalized all of its OBD rules. USEPA acknowledged that the time for developing such

a SIP amendment is short, but pointed out that it does not require states to fully develop their

OBD program as part of this SIP submission. Rather USEPA will only require that in their

OBD SIP submittals, the states commit to implementing the OBD program no later than

January 1, 2001. 63 Fed. Reg. at 24429.

Three rules are proposed. First, Section 240.191: Applicability sets forth that the on-

board diagnostic test is advisory only and therefore a vehicle which fails the test does not fail

the vehicle emission test. It also provides that the advisory OBD test is to be performed on all

1996 and new “light duty vehicles,” “light duty trucks 1,” and “light duty trucks 2,” required

to meet the standards for OBD equipment contained in relevant federal rules (see 40 C.F.R. §

86.094-17). Finally, this section provides that such vehicle must be inspected using OBD

testing procedures found at 35 Ill. Adm. Code 276. As of the date of hearing, the Agency had

not yet adopted such rules. Stat. of Reas. at 20-21. However, the Board notes that there is

sufficient time after final adoption of this rule and its applicability for the Agency to develop

such procedures.

Section 240.192 contains the on-board diagnostic test standards. The standards are

those required by federal regulations for OBD test standards. They are taken from the

“Inspection/Maintenance Program Requirement – On-Board Diagnostic Checks,” Final Rule,

63 Fed Reg. 24429 (May 4, 1998). See also Stat. of Reas. at 21. The pass/fail determination

will be made by comparing the MIL status and trouble code information to the proposed OBD

test standards set forth in Section 240.192.

Also in Section 240.192, the Board proposes deletion of phrase “as defined by SAE

J2012” as the reference is both confusing and redundant. On August 6, 1996, USEPA

adopted final rules implementing on-board diagnostic test standards. 61 Fed. Reg. 40940,

40946 (August 6, 1996). In doing so, USEPA identified under what circumstances a vehicle

shall fail the on-board diagnostics test. USEPA adopted its procedures from a list contained

within the Society of Automotive Engineers’, SAE J2012 Diagnostic Trouble Code

Definitions. As Section 240.192 explicitly sets forth the 43 OBD codes under which OBD

failure shall be determined, the specific reference to SAE J2012 is unnecessary.

Finally, new Section 240.193 sets forth compliance determination for OBD testing

standards. The Agency proposed that compliance be determined through inspection of the on-

board diagnostic connector, the malfunction indicator light and comparing the fault codes

down loaded from the on-board diagnostic system with the standards contained in Section

240.192. This inspection must be conducted using the procedures to be adopted by the

Agency at 35 Ill. Adm. Code 276.208. Stat. of Reas. at 22. According to the Agency, these

will be the same regulations promulgated by the USEPA. Stat. of Reas. At 22.

The Board finds that these regulations providing for an on-board diagnostic testing

program is warranted. Although the State is not currently required to have in place an on-

board diagnostic program as part of its enhanced I/M program, such a program is federally

mandated by January 1, 2001, and the State is required to submit by August 6, 1998, a SIP

amendment which commits the State to this program.

Because USEPA has now adopted a final rule delaying implementation of the

mandatory pass/fail OBD testing until January 1, 2001, the Board will include January 1,

2001, as the day OBD programs adopted in Subpart H become mandatory. The OBD program

adopted at Subpart H will satisfy USEPA’s SIP requirement.

The Board will not adopt the “advisory” testing program proposed by the Agency.

This testing program is no longer required under the Clean Air Act. Therefore, the Board

does not have the authority to adopt such a program in this rulemaking. As discussed

infra

page 3, the Board can only promulgate a rule under Section 28.5 fast-track rulemaking if the

Clean Air Act requires such a rule. See 415 ILCS 28.5(c) (1996). All “non-required” rules

may be considered in a second docket which proceeds under the Board’s routine rulemaking

authority. See 415 ILCS 5/28.5(j) (1996). Should the Agency still desire such an interim

program, it must file such a rulemaking proposal under Title VII of the Act.

Section 240.Tables A and B

Section 240.Table A, Vehicle Exhaust Emission Start-Up Standards, and Table B,

Vehicle Exhaust Emission Final Standards, sets forth emissions standards for light duty

vehicles, light duty trucks 1, and light duty trucks 2. The Agency proposes eliminating the

reference to “Tier 1” in this table as “Tier 1” vehicles requires evaluation of vehicle emission

labels located in the engine compartment. Stat. of Reas. at 22. Access to this information

requires opening the hood, which increases both test time and the potential for vehicle damage.

Stat. of Reas. at 14, 22. Therefore, eliminating the “Tier 1” requirements for these model

year vehicles will simplify testing procedures. Stat. of Reas. at 14, 22.

The Board finds the foregoing proposed changes are warranted and accordingly adopts

the changes as offered by the Agency.

Section 240.Table C

The Agency proposes new Section 240.Table C, entitled Vehicle Exhaust Emission

Fast-Pass Standards, based upon USEPA guidance and to allow vehicles to more quickly pass

the IM240 test. Stat. of Reas. at 23, 15. The fast-pass standards allow higher throughputs to

be achieved, reducing time for the motorists and resulting in a less expensive test network for

the State.

At hearing, the Board inquired about apparent errors in calculation in Table C. Tr. at

22. The Board identified two of these errors. Tr. at 22-24. In its post hearing comments, the

Agency noted that it had inadvertently used incorrect information in preparing the three tables

found in Table C; consequently, the Agency identified several additional errors in calculation.

PC at 2. The Agency explained that in preparing the original proposal for rulemaking, it

erroneously used outdated fast-pass standards. PC at 2. The Agency clarified that the USEPA

High-Tech Guidance standards should be used as a basis for determining the values in the three

tables in Table C. PC at 2. The Agency provided an attachment to its post hearing

comments, highlighting the additional corrections that should be made to Table C.

The Board finds that new Section 240.Table C is necessary to provide vehicle exhaust

emission standards for the fast-pass testing procedure. The Board agrees that the additional

changes suggested by the Agency in its post hearing comment should be made to provide

uniformity in understanding the fast-pass standards. The Board adopts the table as proposed

and subsequently amended by the Agency.

CONCLUSION

The Board today adopts for second notice amendments to 35 Ill. Adm. Code 240.

ORDER

The Board directs the Clerk of the Board to cause the submission of the following

proposal to the Joint Committee on Administrative Rules:

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER k: EMISSION STANDARDS AND LIMITATIONS FOR MOBILE

SOURCES

PART 240

MOBILE SOURCES

SUBPART A: DEFINITIONS AND GENERAL PROVISIONS

Section

240.101

Preamble

240.102

Definitions

240.103

Prohibitions

240.104

Inspection

240.105

Penalties

240.106

Determination of Violation

240.107

Incorporations by Reference

SUBPART B: EMISSIONS

Section

240.121

Smoke Emissions

240.122

Diesel Engine Emissions Standards for Locomotives

240.123

Liquid Petroleum Gas Fuel Systems

240.124

Vehicle Exhaust Emission Standards

240.125

Compliance Determination

SUBPART C: HEAVY-DUTY DIESEL SMOKE OPACITY STANDARDS AND TEST

PROCEDURES

Section

240.140

Applicability

240.141

Heavy-Duty Diesel Vehicle Smoke Opacity Standards and Test

Procedures

SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS

Section

240.151

Applicability

240.152

Steady-State Idle Mode Vehicle Exhaust Emission Standards

240.153

Compliance Determination

SUBPART E: TRANSIENT LOADED MODE TEST EMISSION STANDARDS

Section

240.161

Applicability

240.162

Vehicle Exhaust Emission Start-Up Standards

240.163

Vehicle Exhaust Emission Final Standards

240.164

240.1645

Vehicle Exhaust Emission Fast-Pass Standards

Compliance Determination

SUBPART F: EVAPORATIVE TEST STANDARDS

Section

240.171

Applicability

240.172

Evaporative System Pressure Integrity Test Standards

240.173

Evaporative System Purge Test Standards

SUBPART G: ON-ROAD REMOTE SENSING TEST EMISSION STANDARDS

240.181

Applicability

240.182

On-Road Remote Sensing Emission Standards

240.183

Compliance Determination

SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS

240.191

Applicability

240.192

On-Board Diagnostic Test Standards

240.193

Compliance Determination

240.Appendix A

Rule into Section Table

240.Appendix B

Section into Rule Table

240.Table A

Vehicle Exhaust Emission Start-Up Standards

240.Table B

Vehicle Exhaust Emission Final Standards

240 Table C

Vehicle Exhaust Emission Fast-Pass Standards

AUTHORITYAUTHORITY: Implementing Sections 9, 10 and 13 and authorized by Sections 27 and 28.5

of the Environmental Protection Act [415 ILCS 5/9, 10, 13, 27, and 28.5] and Section 13B-20

of the Vehicle Emissions Inspection Law of 1995 [625 ILCS 5/13B-20] (see Section 10 of

P.A. 90-475, effective August 16, 1997).

SOURCESOURCE: 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 R94-20 at 18 Ill. Reg. 18013, effective December 12, 1994; amended in R94-19

at 18 Ill. Reg. 18228, effective December 20, 1994; amended in R98-24 at

_______________ Ill. Reg._____________, effective

______________________________________.

BOARD NOTE: This part implements the Environmental Protection Act as of July 1, 1994.

NOTE: Capitalization denotes statutory language.

SUBPART A: DEFINTIONS AND GENERAL PROVISIONS

Section 240.102 Definitions

All terms which appear in this Part have the definitions specified in this Part and 35 Ill. Adm.

Code 201 and 211. Where conflicting definitions occur, the definitions of this Section apply

in this Part.

"Diesel engine" means all types of internal-combustion engines in which

air is compressed to a temperature sufficiently high to ignite fuel injected

directly into the cylinder area.

"Diesel locomotive" means a diesel engine vehicle designed to move cars

on a railway.

“Evaporative system integrity test” means a test of a vehicle’s

evaporative system. The test shall either consist of a leak check of a

vehicle’s fuel cap with a fuel cap pressure decay tester (fuel cap pressure

decay test), a fuel cap leak flow tester (fuel cap leak flow test), or a

visual functional check, as applicable.

“Fuel cap” means a device used to seal a vehicle’s fuel inlet.

“Fuel cap leak flow test” means a test which may be performed in

accordance with this Part on a vehicle’s fuel cap using a fuel cap leak

flow tester to determine whether the vehicle complies with the

evaporative system emission standards of this Part.

“Fuel cap leak flow tester” means a device used to determine the leak

flow integrity of a vehicle’s fuel cap by comparing the measured leak

flow of the fuel cap with an established fuel cap leak flow standard.

“Fuel cap pressure decay test” means the test performed in accordance

with this Part on a vehicle’s fuel cap using a fuel cap pressure decay

tester to determine whether the vehicle complies with the evaporative

system emission standards of this Part.

“Fuel cap pressure decay tester” means a device used to determine the

pressure decay integrity of a vehicle’s fuel cap by monitoring the

pressure behind the fuel cap for a ten second period and comparing the

measured pressure decay of the fuel cap to an established fuel cap

pressure decay standard.

“Fuel cap visual functional test” means the test performed in accordance

with this Part on a vehicle’s fuel cap using visual analysis to determine

whether the vehicle complies with the evaporative system emission

standards of this Part.

"Full power position" means the throttle position at which the engine

fuel delivery is at maximum flow.

"Gross vehicle weight rating (GVWR)" means the value specified by the

manufacturer as the maximum design loaded weight of a single vehicle.

"Heavy duty vehicle" means any motor vehicle rated at more than 8500

pounds GVWR or that has a vehicle curb weight of more than 6000

pounds or that has a basic vehicle frontal area in excess of 45 square

feet.

"High idle" means a vehicle operating condition with engine

disconnected from an external load (placed in either neutral or park) and

operating at speed of 2500 (+) 300 RPM.that portion of a steady-state

idle test conducted with the engine operating at a speed of approximately

2500 RPM.

"Idle mode" means that portion of a vehicle emission test procedure

conducted with the engine disconnected from an external load and

operating at minimum throttle.

"Initial idle mode" means the first of up to two idle mode sampling

periods during a steady-state idle mode test, during which exhaust

emission measurements are made with the vehicle in "as-received"

condition.

"Light duty truck 1" means a motor vehicle rated at 6000 pounds

maximum GVWR or less and which has a vehicle frontal area of 45

square feet or less, and which is designed primarily for purposes of

transportation of property or is a derivation of such a vehicle, or is

designed primarily for transportation of persons and has a capacity of

more than 12 persons, or is available with special features enabling off-

street or off-highway operation and use.

"Light duty truck 2" means a motor vehicle rated between 6001 and

8500 pounds maximum GVWR and which has a vehicle frontal area of

45 square feet or less, and which is designed primarily for purposes of

transportation of property or is a derivation of such a vehicle, or is

designed primarily for transportation of persons and has a capacity of

more than 12 persons, or is available with special features enabling off-

street or off-highway operation and use.

"Light duty vehicle" means a passenger car or passenger car derivative

capable of seating 12 passengers or fewer. "Loaded mode" means that

portion of a vehicle emission test procedure conducted with the vehicle

positioned and operating under load on a chassis dynamometer.

"Loaded vehicle weight (LVW)" means the vehicle curb weight plus 300

pounds.

"Measured values" means five second running averages of exhaust

emission concentrations sampled at a minimum rate of twice per second.

"Model year" means the year of manufacture of a motor vehicle based

upon the annual production period as designated by the manufacturer and

indicated on the title and registration of the vehicle. If the manufacturer

does not designate a production period for the vehicle, then "model year"

means the calendar year of manufacture.

"Motor vehicle" as used in this Part, shall have the same meaning as in

Section 1-146 of the Illinois Vehicle Code [625 ILCS 5/1-146].

"Preconditioning mode" means a period of steady-state loaded mode or

high-idle operation conducted to ensure that the engine and emissions

control system components are operating at normal operating

temperatures, thus minimizing false failures caused by improper or

insufficient warm-up.

"Pressure test" means a test of a vehicle's evaporative emission control

system to verify the system's integrity by identifying the presence of

system leaks by injecting an inert gas into the system and confirming the

system's ability to hold pressure over a specified period of time.

"Purge test" means a test of the vehicle's evaporative emission control

system to determine the ability of the system to properly recycle gasoline

vapors captured and adsorbed on the charcoal in the system's canister.

The purge test consists of determining the volume of vapor flow between

the canister and the engine as measured during the course of the transient

loaded (IM240) exhaust emissions test.

"Second-chance idle mode" means the second of two idle mode sampling

periods during a steady-state idle mode test, preceded by a

preconditioning mode and utilized as a second chance to pass idle

exhaust emission standards immediately following an initial idle mode

failure.

"Smokemeter or opacimeter" means an optical instrument designed to

measure the opacity of smoke or diesel exhaust gases using the light

extinction method.

"Snap-idle cycle" means rapidly depressing the accelerator pedal from

normal idle to the full power position while the vehicle is in neutral,

holding the pedal in the position for no longer than ten seconds or until

the engine reaches maximum RPM, and fully releasing the pedal so that

the engine decelerates to normal idle.

"Steady-state idle test" means a vehicle emission test procedure

consisting of an initial idle mode measurement of exhaust emissions

followed, if necessary, by a loaded or high idle preconditioning mode

and a second-chance idle mode.

"Tier 1" means the exhaust emission standards required by the Clean Air

Act as amended in 1990 that require auto makers to reduce tailpipe

emissions of hydrocarbons and oxides of nitrogen by 35% and 60%,

respectively, from pre-existing standards, beginning with 40% of the

vehicles sold in 1994, 80% in 1995, and 100% thereafter.

"Transient loaded mode test" means a vehicle emissions test run on an

inertial and power absorbing dynamometer using USEPA's IM240

driving cycle consisting of accelerations and decelerations simulating on-

road driving conditions.

"Test Procedure" means the preparation, preconditioning sequence and

smoke opacity measurement processes using the snap idle cycle for

determining compliance with Section 240.141.

"Two-speed idle test" means a vehicle emission test procedure consisting

of the measurements of exhaust emission in high idle and idle modes.

(Source: Amended at 18 Ill. Reg. 18228, effective December 20, 1994; amended at ____

Ill. Reg. ________, effective _______________________________)

Section 240.104 Inspection

All motor vehicles subject to inspection pursuant to Section 13A-104 of the Illinois Vehicle

Emissions Inspection Law [625 ILCS 5/13A-104] shall comply with the exhaust emission

standards for carbon monoxide and hydrocarbons set forth at Section 240.124 of this Part. All

motor vehicles subject to inspection pursuant to Section 13B-15 of the Illinois Vehicle

Emissions Inspection Law of 1995 (Vehicle Emissions Inspection Law of 1995) [625 ILCS

5/13B-15] (see P.A. 88-533, effective January 18, 1994) shall comply with applicable vehicle

emission standards contained in Sections 240.152, 240.162, 240.163, 240.172, and 240.173 of

this Part.

All motor vehicles subject to inspection pursuant to Section 13A-104 of the

Vehicle Emissions Inspection Law [625 ILCS 5/13A-104] shall comply with the

exhaust emission standards for carbon monoxide and hydrocarbons set forth at

Section 240.124 of this Part.

All motor vehicles subject to inspection pursuant to Section 13B-15 of the

Vehicle Emissions Inspection Law [625 ILCS 5/13B-15] shall comply with

applicable vehicle emission standards contained in Sections 240.152, 240.162,

240.163, 240.172, 240.182 and 240.192 of this Part.

(Source: Amended at 18 Ill. Reg. 18228, effective December 20, 1994; amended at ______I

Ill. Reg. ____________, effective ___________________________)

Section 240.105 Penalties

Any violations of Sections 240.103, 240.121, 240.122, and 240.123 of this Part

shall be subject to the penalties as set forth in Section 42 of the Act [415 ILCS

5/42].

Any violations of Sections 240.104(a)240.104 and 240.124 of this Part shall be

subject to the penalties as set forth in Sections 13A-112 and 13A-113 of the

Vehicle Emissions Inspection Law [625 ILCS 5/13A-112 and 13A-113].

Any violations of Sections 240.104(b), 240.152, 240.162, 240.163, 240.172,

and 240.182, and 240.192 240.173 of this Part shall be subject to the penalties

as set forth in Sections 13B-55 and 13B-60 of the Vehicle Emissions Inspection

Law

of 1995.

(Source: Amended at 18 Ill. Reg. 18228, effective December 20, 1994; amended at ______

Ill. Reg. ______________, effective ______________________________)

Section 240.106 Determination of Violation

Any violations of Sections 240.103, 240.121, 240.122, and 240.123 of this Part

shall be determined by visual observation; or by a test procedure employing an

opacity measurement system as qualified by 35 Ill. Adm. Code 201, Subpart J.

Any violations of Sections 240.124, 240.152, 240.162, 240.163, 240.172,

or240.182, or 240.192 240.173 of this Part shall be determined in accordance

with test procedures adopted by the Agency in 35 Ill. Adm. Code 276.

(Source: Amended at 18 Ill. Reg. 18228, effective December 20, 1994; amended at ______

Ill. Reg. ___________, effective ________________________________)

Section 240.107 Incorporations by Reference

The following materials are incorporated by reference and include no later editions or

amendments:

Society of Automotive Engineers (SAE), 400 Commonwealth Drive,

Warrendale, PA 15096: Report J255a Diesel Engine Smoke Measurement

(August 1978).

International Standards Organization (ISO), Case Postale 56, 1211 Geneve 20,

Switzerland: ISO 393 (Working Draft, January 1991). Also available from

American National Standards Institute (ANSI), 11 West 42nd Street, New

York, NY 10036.

United States Environmental Protection Agency (USEPA), “High-Tech I/M

Test Procedures, Emission Standards, Quality Control Requirements, and

Equipment Specifications: IM240 and Functional Evaporative System Tests,

Revised Technical Guidance,” Report EPA-AA-RSPD-IM-96-1 (June 1996),

2565 Plymouth Road, Ann Arbor, MI 48105. Report EPA-AA-EPSD-IM-93-1,

High Tech I/M Test Procedures, Emission Standards, Quality Control

Requirements, and Equipment Specifications (April 1994).

(Source: Amended at 18 Ill. Reg. 18228, effective December 20, 1994 amended at _________

Ill. Reg. ___________, effective ___________________________)

SUBPART E: TRANSIENT LOADED MODE TEST EMISSION STANDARDS

Section 240.162 Vehicle Exhaust Emission Start-Up Standards

Vehicle exhaust emission start-up standards contained in Section 240.Table A of this Part shall

apply for all vehicles subject to inspection until two years after the beginning of IM240

testing.December 31, 1997. Tier 1 standards shall apply to all model year 1996 and newer

vehicles and model year 1994 and newer vehicles certified to Tier 1 standards. All standards

are expressed in grams per mile (gpm).

(Source: Amended ___________ Ill. Reg. _______________, effective

___________________________)

Section 240.163 Vehicle Exhaust Emission Final Standards

Vehicle exhaust emission final standards contained in Section 240.Table B of this Part shall

apply for all vehicles subject to inspection beginning at the conclusion of testing using the

start-up vehicle exhaust emissions standards required in Section 240.162. on January 1, 1998.

Tier 1 standards shall apply to all model year 1996 and newer vehicles and model year 1994

and newer vehicles certified to Tier 1 standards. All standards are expressed in grams per mile

(gpm).

(Source: Amended at_________ Ill. Reg. ___________, effective

______________________________)

Section 240.164 Compliance Determination

Compliance shall be determined based upon the measurement of exhaust emissions while

operating the vehicle on a dynamometer and following the driving cycle as specified for the

transient IM240 test procedures adopted by the Agency. If the corrected, composite emission

rates exceed standards for any pollutant, additional analysis of test results shall review the

second phase ("Phase 2") of the driving cycle separately. Phase 2 shall include second 94

through second 239 of the driving cycle. Second-by-second emission rates in grams and

composite emission rates in grams per mile for Phase 2 and for the entire composite test shall

be recorded for each pollutant. For any given pollutant, if the composite emission level is at

or below the composite standard or if the Phase 2 grams per mile emission level is at or below

the applicable Phase 2 standard, then the vehicle shall pass the test for that pollutant.

Composite and Phase 2 emission rates shall be calculated in accordance with procedures

specified in "High-Tech I/M Procedures, Emissions Standards, Quality Control Requirements,

and Equipment Specifications Final Technical Guidance" incorporated by reference at Section

240.107 of this Part.

(Source: Added at 18 Ill. Reg. 18228, effective December 20, 1994)

Section 240.164 Vehicle Exhaust Emission Fast-Pass StandardsCompliance Determination

Vehicle exhaust emissions fast-pass standards contained in Section 240.Table C of this Part

will apply for all vehicles subject to inspection under Section 240.161 of this Part utilizing the

IM240 transient loaded mode exhaust emission test procedures specified in 35 Ill. Adm. Code

276. All standards are expressed as the cumulative grams for each second of the composite

and Phase 2 tests.

(Source: Old Section 240.164 renumbered to Section 240.165 and new Section 240.164 added

at _____________ Ill. Reg. _____________________, effective

_____________________________)

Section 240. 164165 Compliance Determination

Vehicle Exhaust Emission Start-Up and Final Standards - Compliance shall be

determined based upon the measurement of exhaust emissions while operating

the vehicle on a dynamometer and following the driving cycle as specified for

the transient IM240 test procedures adopted by the Agency. If the corrected,

composite emission rates exceed standards for any pollutant, additional analysis

of test results shall review the second phase ("Phase 2") of the driving cycle

separately. Phase 2 shall include second 94 through second 239 of the driving

cycle. Second-by-second emission rates in grams and composite emission rates

in grams per mile for Phase 2 and for the entire composite test shall be recorded

for each pollutant. For any given pollutant, if the composite emission level is at

or below the composite standard or if the Phase 2 grams per mile emission level

is at or below the applicable Phase 2 standard, then the vehicle shall pass the

test for that pollutant. Composite and Phase 2 emission rates shall be calculated

in accordance with procedures specified in "High-Tech I/M Procedures,

Emissions Standards, Quality Control Requirements, and Equipment

Specifications: IM240 and Functional Evaporative System Tests, Revised

Technical Guidance," incorporated by reference at Section 240.107 of this Part.

Vehicle Exhaust Emission Fast-Pass Standards - Compliance will be determined

based upon the measurement of exhaust emissions while operating the vehicle

on a dynamometer and following the driving cycle as specified for the transient

IM240 test procedures adopted by the Agency. Vehicles will be fast-passed

using the following algorithm:

Beginning at second 30 of the driving cycle, cumulative second-by-

second emission levels for each second, calculated from the start of the

cycle in grams, will be compared to the cumulative fast-pass emission

standards for the second under consideration. Beginning at second 109,

fast-pass decisions are based upon analysis of cumulative emissions in

Phase 2, the portion of the test beginning at second 94, as well as

emission levels accumulated from the beginning of the composite test.

A vehicle will pass the transient IM240 test for a given pollutant if either

of the following conditions occurs:

cumulative emissions of the pollutant are below the full cycle

fast-pass standard for the second under consideration; or

at second 109 and later, cumulative Phase 2 emissions are below

the Phase 2 fast-pass standards for the second under

consideration.

Testing may be terminated when fast-pass criteria are met for all subject

pollutants in the same second.

If a fast-pass determination cannot be made for all subject pollutants

before the driving cycle ends, the pass/fail determination for each

component will be based on composite or Phase 2 emissions over the full

driving cycle according to the procedures in subsection (a) of this

Section. In cases where fast-pass standards are not used, composite

emission rates in grams per mile for Phase 2 and for the entire composite

test will be recorded for each pollutant.

Composite and Phase 2 emission rates will be calculated in accordance

with procedures specified in “High-Tech I/M Procedures, Emissions

Standards, Quality Control Requirements, and Equipment Specifications:

IM240 and Functional Evaporative System Tests, Revised Technical

Guidance,” incorporated by reference at Section 240.107 of this Part.

(Source: Renumbered from Section 240.164 and amended at ________________ Ill. Reg.

_________________________, effective __________________________________)

SUBPART F: EVAPORATIVE TEST STANDARDS

Section 240.171 Applicability

The standards of Section 240.172 of this Subpart shall apply to all model year

1968 and newer vehicles required at the time of manufacture to be equipped

with evaporative emission control systems.

The standards of Section 240.173 of this Subpart shall apply to model year 1981

and newer light duty vehicles, light duty trucks 1, and light duty trucks 2 that

are inspected utilizing the transient loaded mode exhaust emission test

procedures adopted by the Agency.

(Source: Added at 18 Ill. Reg. 18228, effective December 20, 1994; amended at _________

Ill. Reg. _______________, effective _____________________________-)

SUBPART F: EVAPORATIVE TEST STANDARDS

Section 240.172 Evaporative System Pressure Integrity Test Standards

Vehicles subject to evaporative system integrity testing shall fail the evaporative system

integrity test if one of the following occurs:

Fuel Cap Pressure Decay Standards - While tested using the fuel cap pressure

decay tester, the pressure decays by 6 inches of water or more during a 10

second period after being pressurized to 28+1 inches of water column; The

vehicles shall be inspected utilizing an evaporative system pressure test adopted

by the Agency.

Fuel Cap Leak Flow Test Standards - While tested using the fuel cap leak flow

tester, the fuel cap leak flow rate exceeds 60 cc/min at a pressure of 30+1

inches of water column. Determination will be made by comparing the fuel

cap’s measured leak flow rate with the flow rate obtained from a calibrated

master orifice with a National Institute of Standards and Technology traceable

flow rate which will result in a pass/fail flow rate threshold of 60 cc/min of air

at 30+1 inches of water column; orThe vehicle shall fail the evaporative system

pressure test if one of the following occurs:

The system cannot maintain a system pressure above eight inches of

water for up to two minutes after being pressurized to 14 plus or minus

0.5 inches of water;

No pressure drop is detected when the gas cap is loosened;

The fuel vapor storage canister is missing or obviously damaged;

System vapor lines or hoses are missing or obviously disconnected; or

The gas cap is missing.

Visual Functional Test Standards - While tested using the visual functional test,

an inspection of the fuel cap reveals one or more of the following:

a missing fuel cap;

a missing or damaged o-ring, gasket, or seal;

missing or damaged threads, flanges, prongs, or other parts used to

secure the fuel cap to the fuel tank filler neck; and/or

cracks, holes, or other visible forms of tampering or damage.

BOARD NOTE: Derived from 40 CFR 51.357(b)(3)(i) (1993).

(Source: Added at 18 Ill. Reg. 18013, effective December 12, 1994; amended at _________

Ill. Reg. ______________________, effective _____________________________-)

Section 240.173 Evaporative System Purge Test Standards

The vehicle shall be inspected utilizing the evaporative system purge test

adopted by the Agency.

The vehicle shall fail the evaporative system purge test if the canister purge

system flow as measured during the course of the transient exhaust emission test

is less than one liter.

BOARD NOTE: Derived from 40 CFR 51.357(b)(3)(ii) (1993).

(Source: Added at 18 Ill. Reg. 18013, effective December 12, 1994)

SUBPART G: ON-ROAD REMOTE SENSING TEST EMISSION STANDARDS

Section 240.181 Applicability

The standards of this Subpart apply to all vehicles which are inspected utilizing the on-road

remote sensing exhaust emission test procedures adopted by the Agency in 35 Ill. Adm. Code

276.

(Source: Added at

Ill. Reg.

, effective

)

Section 240.182 On-Road Remote Sensing Emission Standards

Exhaust emissions from all subject vehicles and trucks shall not exceed the following

limitations:

Model Year

Hydrocarbons

Carbon Monoxide

(ppm)

(%)

1992+

400

2.0

1988-1991

450

3.0

1981-1987

650

5.0

1975-1980

1300

7.0

1968-1974

1700

8.0

(Source: Added at

Ill. Reg.

, effective

)

Section 240.183 Compliance Determination

Compliance shall be determined based upon the measurement of exhaust emissions using the

on-road remote sensing test procedures adopted by the Agency. If, during the course of on-

road inspections, a vehicle is found to exceed the on-road remote sensing emission standards

specified in Section 240.182 for the model year and type of vehicle, the Agency shall send a

notice to the vehicle owner of the violation, which notice will include the time and location of

the reading. The notice of a second on-road remote sensing exceedance shall, in addition to

the information contained in the first notice, indicate that the vehicle has been reassigned and

is subject to an out-of-cycle follow-up inspection at an official inspection station. In no case

shall the Agency send a notice of an on-road exceedance to the owner of a vehicle that was

found to exceed the on-road remote sensing emission standards if the vehicle is registered

outside the affected counties.

(Source: Added at

Ill. Reg.

, effective

)

SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS

Section 240.191 Applicability

The standards of this Subpart apply to all 1996 and newer model year light duty vehicles, light

duty trucks 1, and light duty trucks 2 that are required to meet the standards contained in 40

C.F.R. § 86.094-17 and which are inspected utilizing the on-board diagnostic test procedures

adopted by the Agency in 35 Ill. Adm. Code 276. Vehicles which receive a result of fail do

not thereby fail their emissions test until January 1, 2001.

(Source: Added at

Ill. Reg.

, effective

)

Section 240.192 On-Board Diagnostic Test Standards

Vehicles subject to on-board diagnostic testing shall fail the on-board diagnostic test if one of

the following occurs:

the vehicle connector is missing, has been tampered with, or is otherwise

inoperable;

the malfunction indicator light is commanded to be illuminated and it is not

visually illuminated according to visual inspection; or

the malfunction indicator light is commanded to be illuminated and any of the

following on-board diagnostic codes are present (where X refers to any digit):

Any PX1XX Fuel and Air Metering codes

Any PX2XX Fuel and Air Metering codes

Any PX3XX Ignition System or Misfire codes

Any PX4XX Auxiliary Emission Controls codes

P0500 Vehicle Speed Sensor Malfunction

P0501 Vehicle Speed Sensor Range/Malfunction

P0502 Vehicle Speed Sensor Circuit Low Input

P0503 Vehicle Speed Sensor Intermittent/Erratic/High

P0505 Idle Control System Malfunction

10)

P0506 Idle Control System RPM Lower Than Expected

11)

P0507 Idle Control System RPM Higher Than Expected

12)

P0510 Closed Throttle Position Switch Malfunction

13)

P0550 Power Steering Pressure Sensor Circuit Malfunction

14)

P0551 Power Steering Pressure Sensor Circuit Malfunction

15)

P0552 Power Steering Pressure Sensor Circuit Low Input

16)

P0553 Power Steering Pressure Sensor Circuit Intermittent

17)

P0554 Power Steering Pressure Sensor Circuit Intermittent

18)

P0560 System Voltage Malfunction

19)

P0561 System Voltage Unstable

20)

P0562 System Voltage Low

21)

P0563 System Voltage High

22)

Any PX6XX Computer and Output Circuits codes

23)

P0703 Brake Switch Input

24)

P0705 Transmission Range Sensor Circuit Malfunction (PRNDL Input)

25)

P0706 Transmission Range Sensor Circuit Range/Performance

26)

P0707 Transmission Range Sensor Circuit Low Input

27)

P0708 Transmission Range Sensor Circuit High Input

28)

P0709 Transmission Range Sensor Circuit Intermittent

29)

P0719 Torque Converter/Brake Switch "B" Circuit Low

30)

P0720 Output Speed Sensor Circuit Malfunction

31)

P0721 Output Speed Sensor Circuit Range/Performance

32)

P0722 Output Speed Sensor Circuit No Signal

33)

P0723 Output Speed Sensor Circuit Intermittent

34)

P0724 Torque Converter/Brake Switch "B" Circuit High

35)

P0725 Engine Speed Input Circuit Malfunction

36)

P0726 Engine Speed Input Circuit Range/Performance

37)

P0727 Engine Speed Input Circuit No Signal

38)

P0728 Engine Speed Input Circuit Intermittent

39)

P0740 Torque Converter Clutch System Malfunction

40)

P0741 Torque Converter System Performance or Stuck Off

41)

P0742 Torque Converter System Stuck On

42)

P0743 Torque Converter System Electrical

43)

P0744 Torque Converter System Intermittent

(Source: Added at

Ill. Reg.

, effective

)

Section 240.193 Compliance Determination

Compliance shall be determined based upon the inspection of the on-board diagnostic vehicle

connector, malfunction indicator light, and fault codes using the on-board diagnostic test

procedures adopted by the Agency and specified in 35 Ill. Adm. Code 276.

(Source: Added at

Ill. Reg.

, effective

)

Section 240.Table A Vehicle Exhaust Emission Start-Up Standards

Light Duty Vehicles:

Model Years

Hydrocarbons

Carbon Monoxide

Oxides of Nitrogen

Composite

Phase 2

Composite

Phase 2

Composite

Phase 2

(gpm)

Tier 1

(1994+)

1996+

0.80

0.50

15.0

12.0

2.0

Reserved

1991-1995 1.20

0.75

20.0

16.0

2.5

Reserved

1983-1990 2.00

1.25

30.0

24.0

3.0

Reserved

1981-1982 2.00

1.25

60.0

48.0

3.0

Reserved

Light Duty Trucks 1:

Model Years

Hydrocarbons

Carbon Monoxide

Oxides of Nitrogen

Composite

Phase 2

Composite

Phase 2

Composite

Phase 2

(gpm)

Tier 1

(1994+)

1996+

(< 3750

LVW)

0.80

0.50

15.0

12.0

2.0

Reserved

(> 3750

LVW)

1.00

0.63

20.0

16.0

2.5

Reserved

1991-1995 2.40

1.50

60.0

48.0

3.0

Reserved

1988-1990 3.20

2.00

80.0

64.0

3.5

Reserved

1984-1987 3.20

2.00

80.0

64.0

7.0

Reserved

1981-1983 7.50

5.00

100.0

80.0

7.0

Reserved

Light Duty Trucks 2:

Model Years

Hydrocarbons

Carbon Monoxide

Oxides of Nitrogen

Composite

Phase 2

Composite

Phase 2

Composite

Phase 2

(gpm)

Tier 1

(1994+)

1996+

(< 5750

LVW)

1.00

0.63

20.0

16.0

2.5

Reserved

(> 5750

LVW)

2.40

1.50

60.0

48.0

4.0

Reserved

1991-1995 2.40

1.50

60.0

48.0

4.5

Reserved

1988-1990 3.20

2.00

80.0

64.0

5.0

Reserved

1984-1987 3.20

2.00

80.0

64.0

7.0

Reserved

1981-1983 7.50

5.00

100.0

80.0

7.0

Reserved

(Source: Added at 18 Ill. Reg. 18228, effective December 20, 1994Amended at ________

Ill. Reg. ____________, effective _______________________________)

Section 240.TABLE B Vehicle Exhaust Emission Final Standards

Light Duty Vehicles:

Model Years

Hydrocarbons

Carbon Monoxide

Oxides of Nitrogen

Composite

Phase 2

Composite

Phase 2

Composite

Phase 2

(gpm)

Tier 1

(1994+)

1996+

0.60

0.40

10.0

8.0

1.5

Reserved

1983-1995 0.80

0.50

15.0

12.0

2.0

Reserved

1981-1982 0.80

0.50

30.0

24.0

2.0

Reserved

Light Duty Trucks 1:

Model Years

Hydrocarbons

Carbon Monoxide

Oxides of Nitrogen

Composite

Phase 2

Composite

Phase 2

Composite

Phase 2

(gpm)

Tier 1

(1994+)

1996+

(< 3750

LVW)

0.60

0.40

10.0

8.0

1.5

Reserved

(> 3750

LVW)

0.80

0.50

13.0

10.0

1.8

Reserved

1988-1995 1.60

1.00

40.0

32.0

2.5

Reserved

1984-1987 1.60

1.00

40.0

32.0

4.5

Reserved

1981-1983 3.40

2.00

70.0

56.0

4.5

Reserved

Light Duty Trucks 2:

Model Years

Hydrocarbons

Carbon Monoxide

Oxides of Nitrogen

Composite

Phase 2

Composite

Phase 2

Composite

Phase 2

(gpm)

Tier 1

(1994+)

1996+

(< 5750

LVW)

0.80

0.50

13.0

10.0

1.8

Reserved

(> 5750

LVW)

0.80

0.50

15.0

12.0

2.0

Reserved

1988-1995 1.60

1.00

40.0

32.0

3.5

Reserved

1984-1987 1.60

1.00

40.0

32.0

4.5

Reserved

1981-1983 3.40

2.00

70.0

56.0

4.5

Reserved

(Source: Added at 18 Ill. Reg. 18228, effective December 20, 1994Amended at _______ Ill.

Reg. ________________, effective ________________________)

Section 240.Table C: Vehicle Exhaust Emission Fast-Pass Standards

Vehicles having composite hydrocarbon emission limitations of less than 1.25 grams

per mile, and composite carbon monoxide emission limitations of less than 20.0 grams

per mile, in Section 240.Table A or Section 240.Table B:

Hydrocarbons

Carbon Monoxide

Second

Composite

Phase 2

Composite

Phase 2

0.124

N/A

0.693

N/A

0.126

N/A

0.773

N/A

0.129

N/A

0.837

N/A

0.135

N/A

0.851

N/A

0.140

N/A

0.853

N/A

0.146

N/A

0.857

N/A

0.150

N/A

0.900

N/A

0.153

N/A

0.960

N/A

0.156

N/A

1.034

N/A

0.160

N/A

1.070

N/A

0.165

N/A

1.076

N/A

0.169

N/A

1.083

N/A

0.172

N/A

1.102

N/A

0.173

N/A

1.111

N/A

0.177

N/A

1.114

N/A

0.197

N/A

1.157

N/A

0.200

N/A

1.344

N/A

0.208

N/A

1.482

N/A

0.221

N/A

1.530

N/A

0.232

N/A

1.542

N/A

0.235

N/A

1.553

N/A

0.238

N/A

1.571

N/A

0.240

N/A

1.595

N/A

0.242

N/A

1.633

N/A

0.246

N/A

1.685

N/A

0.249

N/A

1.689

N/A

0.252

N/A

1.693

N/A

0.261

N/A

1.700

N/A

0.271

N/A

1.723

N/A

0.276

N/A

1.852

N/A

0.278

N/A

1.872

N/A

0.280

N/A

1.872

N/A

0.282

N/A

1.872

N/A

0.283

N/A

1.900

N/A

0.284

N/A

1.917

N/A

0.285

N/A

1.944

N/A

0.286

N/A

2.000

N/A

0.288

N/A

2.060

N/A

0.291

N/A

2.064

N/A

0.294

N/A

2.076

N/A

0.296

N/A

2.104

N/A

0.298

N/A

2.117

N/A

0.300

N/A

2.125

N/A

0.302

N/A

2.130

N/A

0.304

N/A

2.138

N/A

0.307

N/A

2.152

N/A

0.308

N/A

2.170

N/A

0.308

N/A

2.188

N/A

0.308

N/A

2.200

N/A

0.314

N/A

2.212

N/A

0.320

N/A

2.212

N/A

0.324

N/A

2.221

N/A

0.327

N/A

2.222

N/A

0.329

N/A

2.227

N/A

0.333

N/A

2.236

N/A

0.336

N/A

2.243

N/A

0.339

N/A

2.262

N/A

0.343

N/A

2.271

N/A

0.347

N/A

2.284

N/A

0.350

N/A

2.299

N/A

0.356

N/A

2.308

N/A

0.358

N/A

2.326

N/A

0.360

N/A

2.330

N/A

0.363

N/A

2.331

N/A

0.367

N/A

2.344

N/A

0.370

N/A

2.347

N/A

0.372

N/A

2.355

N/A

0.376

N/A

2.395

N/A

0.388

N/A

2.451

N/A

0.396

N/A

2.508

N/A

100

0.405

N/A

2.590

N/A

101

0.410

N/A

2.660

N/A

102

0.411

N/A

2.749

N/A

103

0.412

N/A

2.913

N/A

104

0.413

N/A

3.162

N/A

105

0.421

N/A

3.170

N/A

106

0.428

N/A

3.197

N/A

107

0.430

N/A

3.288

N/A

108

0.455

N/A

3.419

N/A

109

0.459

0.015

3.587

0.168

110

0.462

0.017

3.595

0.173

111

0.464

0.021

3.640

0.237

112

0.466

0.024

3.740

0.266

113

0.468

0.024

3.868

0.280

114

0.471

0.025

3.877

0.291

115

0.488

0.026

3.934

0.314

116

0.513

0.029

4.015

0.331

117

0.538

0.032

4.061

0.345

118

0.561

0.035

4.063

0.350

119

0.577

0.035

4.079

0.356

120

0.580

0.036

4.140

0.367

121

0.586

0.038

4.185

0.388

122

0.594

0.040

4.199

0.407

123

0.603

0.041

4.205

0.463

124

0.610

0.042

4.212

0.480

125

0.615

0.042

4.232

0.506

126

0.624

0.042

4.298

0.518

127

0.628

0.045

4.344

0.522

128

0.632

0.046

4.361

0.525

129

0.637

0.046

4.366

0.528

130

0.641

0.049

4.369

0.530

131

0.643

0.050

4.372

0.530

132

0.644

0.052

4.435

0.534

133

0.645

0.054

4.523

0.550

134

0.647

0.054

4.524

0.554

135

0.651

0.054

4.525

0.590

136

0.658

0.055

4.531

0.616

137

0.663

0.055

4.534

0.639

138

0.666

0.056

4.542

0.653

139

0.668

0.059

4.553

0.662

140

0.670

0.061

4.554

0.683

141

0.672

0.061

4.554

0.696

142

0.675

0.061

4.554

0.708

143

0.678

0.063

4.554

0.721

144

0.681

0.064

4.554

0.739

145

0.684

0.065

4.554

0.742

146

0.686

0.066

4.554

0.743

147

0.688

0.067

4.554

0.745

148

0.690

0.068

4.554

0.748

149

0.692

0.069

4.554

0.751

150

0.694

0.070

4.554

0.762

151

0.696

0.071

4.556

0.789

152

0.698

0.072

4.556

0.790

153

0.700

0.073

4.565

0.794

154

0.702

0.073

4.612

0.799

155

0.704

0.074

4.834

0.805

156

0.706

0.077

5.702

0.842

157

0.708

0.079

5.841

0.990

158

0.710

0.082

6.170

1.038

159

0.712

0.082

6.670

1.357

160

0.716

0.086

7.425

1.455

161

0.750

0.095

8.379

1.546

162

0.784

0.107

9.648

1.824

163

0.805

0.115

10.918

2.746

164

0.840

0.122

12.157

3.073

165

0.853

0.127

12.731

3.633

166

0.874

0.159

12.831

4.505

167

0.903

0.186

12.892

4.952

168

0.910

0.189

12.932

5.254

169

0.914

0.200

13.702

5.730

170

0.916

0.220

14.139

6.051

171

0.919

0.236

14.964

6.333

172

0.931

0.247

15.704

6.490

173

0.948

0.257

16.253

6.796

174

0.983

0.267

16.907

7.205

175

1.018

0.283

17.655

8.151

176

1.027

0.295

18.020

8.230

177

1.035

0.312

18.349

8.584

178

1.051

0.318

18.671

8.800

179

1.074

0.323

18.972

8.847

180

1.084

0.337

19.228

8.913

181

1.099

0.345

20.123

9.122

182

1.121

0.350

20.405

9.532

183

1.132

0.359

20.754

10.256

184

1.152

0.387

21.684

10.862

185

1.161

0.398

21.955

10.996

186

1.168

0.400

22.650

11.206

187

1.175

0.402

22.989

11.514

188

1.181

0.405

23.535

11.894

189

1.188

0.418

23.876

12.019

190

1.203

0.429

24.018

12.170

191

1.219

0.442

24.464

12.517

192

1.233

0.457

24.685

12.598

193

1.251

0.473

24.931

12.625

194

1.255

0.487

25.188

12.653

195

1.258

0.501

25.468

12.777

196

1.265

0.510

25.627

12.906

197

1.280

0.512

25.746

12.989

198

1.293

0.514

25.850

13.060

199

1.301

0.516

25.974

13.165

200

1.313

0.518

26.141

13.242

201

1.324

0.527

26.225

13.412

202

1.332

0.540

26.338

13.662

203

1.341

0.547

26.547

13.773

204

1.357

0.553

26.818

13.942

205

1.375

0.559

27.052

14.090

206

1.392

0.563

27.393

14.224

207

1.408

0.567

27.501

14.426

208

1.422

0.571

27.632

14.498

209

1.433

0.575

27.803

14.776

210

1.443

0.579

27.953

14.907

211

1.453

0.595

28.205

14.916

212

1.463

0.605

28.543

15.014

213

1.468

0.614

28.997

15.221

214

1.470

0.622

29.000

15.472

215

1.474

0.627

29.005

15.555

216

1.478

0.638

29.081

15.652

217

1.481

0.643

29.281

15.969

218

1.484

0.643

29.483

16.028

219

1.487

0.645

29.734

16.375

220

1.490

0.651

29.803

16.487

221

1.493

0.655

29.821

16.524

222

1.504

0.663

29.847

16.578

223

1.522

0.671

29.862

16.684

224

1.547

0.675

29.873

16.755

225

1.549

0.684

30.008

16.770

226

1.562

0.694

30.126

16.805

227

1.574

0.701

30.127

16.865

228

1.579

0.702

30.127

16.960

229

1.584

0.708

30.208

16.960

230

1.589

0.708

30.314

16.962

231

1.590

0.709

30.323

16.988

232

1.596

0.710

30.325

17.072

233

1.598

0.710

30.368

17.094

234

1.604

0.711

30.411

17.184

235

1.610

0.712

30.416

17.189

236

1.612

0.712

30.428

17.188

237

1.613

0.712

30.430

17.189

238

1.614

0.713

30.452

17.241

239

1.615

0.716

30.488

17.370

Vehicles having composite hydrocarbon emission limitations of at least 1.25 grams per

mile but less than 2.00 grams per mile, and composite carbon monoxide emission

limitations of at least 20.0 grams per mile but less than 30.0 grams per mile, in Section

240.Table A or Section 240.Table B:

Hydrocarbons

Carbon Monoxide

Second

Composite

Phase 2

Composite

Phase 2

0.247

N/A

1.502

N/A

0.253

N/A

1.546

N/A

0.258

N/A

1.568

N/A

0.263

N/A

1.582

N/A

0.268

N/A

1.593

N/A

0.277

N/A

1.602

N/A

0.283

N/A

1.621

N/A

0.293

N/A

1.631

N/A

0.297

N/A

1.702

N/A

0.298

N/A

1.784

N/A

0.313

N/A

1.879

N/A

0.320

N/A

2.162

N/A

0.327

N/A

2.307

N/A

0.342

N/A

2.343

N/A

0.360

N/A

2.376

N/A

0.376

N/A

2.406

N/A

0.389

N/A

2.433

N/A

0.408

N/A

2.458

N/A

0.423

N/A

2.483

N/A

0.434

N/A

2.774

N/A

0.444

N/A

2.844

N/A

0.454

N/A

2.900

N/A

0.465

N/A

2.936

N/A

0.472

N/A

3.133

N/A

0.478

N/A

3.304

N/A

0.485

N/A

3.407

N/A

0.493

N/A

3.456

N/A

0.500

N/A

3.480

N/A

0.505

N/A

3.518

N/A

0.514

N/A

3.560

N/A

0.537

N/A

3.593

N/A

0.540

N/A

3.628

N/A

0.543

N/A

3.641

N/A

0.546

N/A

3.655

N/A

0.551

N/A

3.680

N/A

0.559

N/A

3.700

N/A

0.567

N/A

3.728

N/A

0.575

N/A

3.857

N/A

0.588

N/A

3.894

N/A

0.595

N/A

3.943

N/A

0.601

N/A

3.983

N/A

0.606

N/A

4.009

N/A

0.610

N/A

4.023

N/A

0.617

N/A

4.023

N/A

0.631

N/A

4.053

N/A

0.643

N/A

4.063

N/A

0.651

N/A

4.077

N/A

0.659

N/A

4.225

N/A

0.667

N/A

4.243

N/A

0.676

N/A

4.260

N/A

0.681

N/A

4.282

N/A

0.685

N/A

4.322

N/A

0.689

N/A

4.398

N/A

0.694

N/A

4.482

N/A

0.700

N/A

4.515

N/A

0.705

N/A

4.518

N/A

0.709

N/A

4.520

N/A

0.713

N/A

4.522

N/A

0.717

N/A

4.522

N/A

0.721

N/A

4.523

N/A

0.724

N/A

4.526

N/A

0.727

N/A

4.527

N/A

0.729

N/A

4.527

N/A

0.731

N/A

4.528

N/A

0.734

N/A

4.528

N/A

0.740

N/A

4.528

N/A

0.748

N/A

4.529

N/A

0.759

N/A

4.575

N/A

0.771

N/A

4.703

N/A

0.783

N/A

4.805

N/A

100

0.793

N/A

4.886

N/A

101

0.810

N/A

4.957

N/A

102

0.823

N/A

5.104

N/A

103

0.836

N/A

5.340

N/A

104

0.853

N/A

5.496

N/A

105

0.871

N/A

5.625

N/A

106

0.887

N/A

5.815

N/A

107

0.899

N/A

6.473

N/A

108

0.931

N/A

7.037

N/A

109

0.947

0.040

7.419

0.246

110

0.957

0.047

7.643

0.257

111

0.965

0.052

7.759

0.286

112

0.971

0.056

7.824

0.379

113

0.977

0.061

7.889

0.425

114

0.983

0.064

7.960

0.457

115

1.003

0.072

8.024

0.477

116

1.030

0.081

8.076

0.494

117

1.041

0.082

8.111

0.504

118

1.050

0.083

8.130

0.512

119

1.052

0.092

8.148

0.519

120

1.055

0.094

8.211

0.529

121

1.061

0.097

8.478

0.529

122

1.071

0.100

8.548

0.530

123

1.081

0.103

8.561

0.531

124

1.091

0.106

8.568

0.532

125

1.102

0.108

8.572

0.533

126

1.110

0.110

8.584

0.548

127

1.116

0.112

8.592

0.610

128

1.121

0.114

8.596

0.614

129

1.125

0.116

8.597

0.622

130

1.128

0.118

8.601

0.631

131

1.130

0.120

8.605

0.640

132

1.132

0.122

8.608

0.646

133

1.134

0.123

8.626

0.650

134

1.135

0.124

8.650

0.652

135

1.143

0.127

8.660

0.738

136

1.147

0.130

8.767

0.754

137

1.156

0.134

9.029

0.780

138

1.163

0.139

9.238

0.795

139

1.186

0.146

9.389

0.804

140

1.253

0.149

9.493

0.810

141

1.262

0.151

9.583

0.815

142

1.271

0.153

9.626

0.818

143

1.277

0.155

9.669

0.821

144

1.283

0.157

9.716

0.825

145

1.291

0.162

9.763

0.840

146

1.294

0.164

9.809

0.847

147

1.296

0.166

9.852

0.855

148

1.298

0.168

9.885

0.865

149

1.303

0.169

9.932

0.874

150

1.316

0.170

9.986

0.891

151

1.330

0.171

10.039

0.914

152

1.342

0.172

10.072

0.929

153

1.348

0.173

10.090

0.937

154

1.353

0.175

10.105

0.942

155

1.362

0.178

10.146

0.949

156

1.365

0.180

10.245

1.375

157

1.366

0.189

10.397

1.576

158

1.373

0.198

10.923

1.943

159

1.397

0.203

11.970

2.820

160

1.422

0.207

13.421

3.281

161

1.440

0.214

15.289

3.483

162

1.452

0.221

15.912

3.620

163

1.465

0.229

16.530

4.168

164

1.509

0.247

17.622

4.338

165

1.533

0.274

18.366

4.682

166

1.555

0.309

19.869

5.633

167

1.576

0.318

20.711

6.137

168

1.598

0.322

22.319

6.853

169

1.618

0.333

23.751

7.136

170

1.636

0.343

24.842

7.320

171

1.666

0.356

25.410

7.685

172

1.685

0.385

25.798

8.052

173

1.726

0.409

26.122

8.344

174

1.742

0.433

26.353

8.602

175

1.756

0.453

26.638

8.898

176

1.769

0.463

27.219

9.251

177

1.784

0.507

27.279

10.253

178

1.802

0.523

27.320

10.828

179

1.822

0.528

27.352

10.933

180

1.843

0.541

27.822

11.060

181

1.864

0.549

28.763

11.188

182

1.884

0.559

29.402

11.345

183

1.896

0.571

29.971

11.733

184

1.915

0.584

30.276

12.598

185

1.940

0.598

30.988

12.953

186

1.958

0.613

31.095

13.213

187

1.972

0.624

31.314

14.131

188

1.985

0.629

31.833

14.839

189

1.991

0.629

32.239

15.137

190

1.993

0.638

32.547

15.138

191

1.995

0.648

32.855

15.141

192

2.001

0.659

33.153

15.595

193

2.015

0.663

33.444

15.658

194

2.031

0.671

33.482

15.704

195

2.047

0.681

33.516

15.729

196

2.063

0.693

33.549

16.058

197

2.079

0.709

33.653

16.987

198

2.094

0.725

33.973

17.064

199

2.109

0.740

34.159

17.073

200

2.122

0.754

34.191

17.153

201

2.130

0.767

34.250

17.332

202

2.137

0.775

34.469

17.406

203

2.157

0.787

34.716

17.641

204

2.172

0.795

34.969

17.922

205

2.194

0.803

35.144

18.484

206

2.222

0.854

35.418

18.553

207

2.245

0.859

35.766

18.658

208

2.268

0.872

35.949

18.953

209

2.279

0.892

36.010

19.266

210

2.288

0.896

36.548

19.309

211

2.301

0.903

37.179

19.731

212

2.316

0.924

37.651

19.902

213

2.332

0.938

38.041

20.012

214

2.345

0.941

38.591

20.260

215

2.354

0.951

38.852

20.739

216

2.362

0.966

38.861

21.346

217

2.368

0.979

38.926

21.810

218

2.376

0.980

39.194

22.001

219

2.384

0.981

39.474

22.290

220

2.391

1.005

39.668

22.324

221

2.395

1.016

39.781

22.343

222

2.400

1.022

39.890

22.522

223

2.405

1.028

39.954

22.661

224

2.409

1.035

39.984

22.666

225

2.413

1.041

39.989

22.667

226

2.415

1.045

39.990

22.668

227

2.417

1.051

39.990

22.669

228

2.419

1.055

39.990

22.670

229

2.420

1.059

39.991

22.671

230

2.421

1.062

40.012

22.671

231

2.423

1.063

40.061

22.672

232

2.425

1.063

40.116

22.673

233

2.427

1.063

40.249

22.673

234

2.429

1.064

40.253

22.673

235

2.430

1.064

40.290

23.674

236

2.431

1.066

40.385

23.675

237

2.432

1.069

40.488

23.675

238

2.433

1.072

40.720

23.675

239

2.434

1.075

40.763

23.677

Vehicles having composite hydrocarbon emission limitations of 2.00 grams per mile or

greater, and composite carbon monoxide emission limitations of 30.0 grams per mile or

greater in Section 240.Table A or Section 240.Table B:

Hydrocarbons

Carbon Monoxide

Second

Composite

Phase 2

Composite

Phase 2

0.407

N/A

3.804

N/A

0.415

N/A

3.985

N/A

0.423

N/A

4.215

N/A

0.436

N/A

4.440

N/A

0.451

N/A

4.579

N/A

0.464

N/A

4.688

N/A

0.468

N/A

4.749

N/A

0.475

N/A

4.783

N/A

0.487

N/A

4.813

N/A

0.506

N/A

4.876

N/A

0.530

N/A

5.104

N/A

0.549

N/A

5.217

N/A

0.569

N/A

5.383

N/A

0.588

N/A

5.571

N/A

0.609

N/A

5.888

N/A

0.621

N/A

6.199

N/A

0.636

N/A

6.245

N/A

0.649

N/A

6.318

N/A

0.666

N/A

6.418

N/A

0.679

N/A

6.540

N/A

0.696

N/A

6.690

N/A

0.712

N/A

6.875

N/A

0.727

N/A

7.029

N/A

0.745

N/A

7.129

N/A

0.760

N/A

7.359

N/A

0.776

N/A

7.722

N/A

0.797

N/A

8.017

N/A

0.814

N/A

8.249

N/A

0.826

N/A

8.425

N/A

0.837

N/A

8.563

N/A

0.849

N/A

8.686

N/A

0.862

N/A

8.804

N/A

0.872

N/A

8.916

N/A

0.887

N/A

9.025

N/A

0.895

N/A

9.138

N/A

0.903

N/A

9.250

N/A

0.925

N/A

9.354

N/A

0.933

N/A

9.457

N/A

0.945

N/A

9.575

N/A

0.959

N/A

9.728

N/A

0.970

N/A

9.938

N/A

0.980

N/A

10.140

N/A

0.988

N/A

10.222

N/A

0.997

N/A

10.261

N/A

1.022

N/A

10.278

N/A

1.037

N/A

10.290

N/A

1.051

N/A

10.715

N/A

1.064

N/A

10.790

N/A

1.075

N/A

10.844

N/A

1.087

N/A

10.921

N/A

1.097

N/A

11.010

N/A

1.105

N/A

11.090

N/A

1.114

N/A

11.136

N/A

1.136

N/A

11.136

N/A

1.160

N/A

11.165

N/A

1.182

N/A

11.191

N/A

1.201

N/A

11.205

N/A

1.217

N/A

11.211

N/A

1.233

N/A

11.211

N/A

1.248

N/A

11.211

N/A

1.262

N/A

11.211

N/A

1.271

N/A

11.220

N/A

1.279

N/A

11.294

N/A

1.287

N/A

11.332

N/A

1.295

N/A

11.355

N/A

1.302

N/A

11.383

N/A

1.309

N/A

11.410

N/A

1.316

N/A

11.433

N/A

1.325

N/A

11.516

N/A

1.339

N/A

11.820

N/A

100

1.356

N/A

12.104

N/A

101

1.365

N/A

12.344

N/A

102

1.378

N/A

12.781

N/A

103

1.397

N/A

13.472

N/A

104

1.420

N/A

14.405

N/A

105

1.445

N/A

14.808

N/A

106

1.470

N/A

14.965

N/A

107

1.491

N/A

15.121

N/A

108

1.506

N/A

15.372

N/A

109

1.517

0.151

15.530

1.113

110

1.528

0.159

15.687

1.213

111

1.542

0.172

16.018

1.344

112

1.559

0.186

16.527

1.399

113

1.578

0.199

16.810

1.520

114

1.594

0.207

16.961

1.640

115

1.605

0.216

17.120

1.684

116

1.615

0.229

17.135

1.693

117

1.625

0.235

17.249

1.786

118

1.642

0.240

17.451

2.007

119

1.670

0.245

17.509

2.084

120

1.694

0.261

17.605

2.179

121

1.705

0.267

17.734

2.264

122

1.717

0.277

18.049

2.328

123

1.732

0.287

18.447

2.375

124

1.747

0.298

18.592

2.437

125

1.763

0.308

18.657

2.543

126

1.779

0.316

18.796

2.593

127

1.795

0.322

18.952

2.641

128

1.810

0.329

19.137

2.663

129

1.823

0.338

19.329

2.672

130

1.835

0.346

19.519

2.676

131

1.845

0.354

19.707

2.683

132

1.854

0.356

19.882

2.817

133

1.862

0.357

19.905

2.992

134

1.870

0.359

20.049

3.111

135

1.883

0.362

20.460

3.234

136

1.888

0.364

20.746

3.304

137

1.896

0.368

21.068

3.310

138

1.911

0.378

21.380

3.320

139

1.928

0.391

21.748

3.354

140

1.949

0.402

22.046

3.436

141

1.969

0.408

22.348

3.443

142

1.982

0.422

22.397

3.452

143

1.999

0.428

22.407

3.490

144

2.011

0.432

22.417

3.552

145

2.022

0.434

22.922

3.588

146

2.035

0.439

22.951

3.600

147

2.043

0.450

22.976

3.616

148

2.049

0.460

23.017

3.627

149

2.063

0.467

23.073

3.636

150

2.085

0.472

23.161

3.676

151

2.104

0.480

23.218

3.882

152

2.117

0.491

23.253

4.011

153

2.127

0.503

23.337

4.047

154

2.138

0.505

23.425

4.067

155

2.152

0.515

23.534

4.081

156

2.168

0.522

23.652

4.116

157

2.186

0.527

23.739

4.251

158

2.205

0.537

24.606

5.099

159

2.224

0.549

25.615

5.383

160

2.242

0.568

26.073

6.362

161

2.268

0.586

28.496

7.926

162

2.308

0.610

29.772

8.429

163

2.352

0.648

31.056

9.201

164

2.406

0.677

33.351

10.825

165

2.421

0.699

34.890

12.291

166

2.435

0.720

35.937

13.366

167

2.470

0.738

37.012

14.428

168

2.501

0.767

37.892

15.318

169

2.537

0.828

39.028

15.699

170

2.571

0.855

40.406

16.073

171

2.625

0.869

41.379

16.475

172

2.657

0.885

42.033

17.158

173

2.683

0.900

42.432

17.532

174

2.701

0.941

42.742

17.965

175

2.717

0.979

43.399

18.242

176

2.732

1.002

43.895

18.283

177

2.756

1.025

44.227

18.480

178

2.781

1.047

44.926

19.576

179

2.811

1.065

45.256

20.015

180

2.853

1.089

45.553

20.203

181

2.898

1.109

45.753

20.433

182

2.946

1.133

46.210

21.025

183

2.988

1.158

47.017

21.882

184

3.023

1.184

48.185

22.204

185

3.057

1.209

48.741

22.859

186

3.076

1.222

49.462

23.533

187

3.101

1.231

50.313

24.281

188

3.120

1.239

51.285

25.078

189

3.136

1.254

52.076

25.276

190

3.151

1.278

52.857

25.578

191

3.163

1.300

52.876

25.859

192

3.209

1.313

53.067

25.985

193

3.223

1.324

53.777

26.153

194

3.237

1.340

54.242

26.582

195

3.263

1.367

54.489

27.067

196

3.302

1.387

54.601

27.456

197

3.338

1.402

54.912

27.805

198

3.372

1.417

55.588

28.070

199

3.390

1.432

56.266

28.590

200

3.428

1.446

56.617

28.914

201

3.470

1.460

56.863

29.063

202

3.493

1.477

57.204

29.502

203

3.509

1.492

57.371

29.697

204

3.522

1.501

57.487

29.713

205

3.533

1.510

57.728

29.783

206

3.550

1.522

58.097

29.942

207

3.578

1.561

58.572

30.284

208

3.607

1.585

59.024

30.755

209

3.630

1.597

59.321

31.287

210

3.658

1.607

59.715

31.549

211

3.701

1.627

60.045

31.820

212

3.745

1.645

60.453

32.250

213

3.778

1.656

60.935

32.546

214

3.814

1.663

61.307

32.808

215

3.825

1.669

61.666

33.060

216

3.835

1.674

62.148

33.204

217

3.844

1.685

62.532

33.341

218

3.853

1.700

62.546

33.414

219

3.864

1.704

62.559

33.514

220

3.874

1.706

62.570

33.640

221

3.891

1.709

62.846

34.692

222

3.928

1.711

63.097

34.711

223

3.966

1.714

63.150

34.733

224

4.008

1.718

63.150

34.770

225

4.010

1.721

63.150

34.796

226

4.012

1.723

63.150

34.810

227

4.016

1.726

63.150

34.821

228

4.019

1.729

63.150

34.839

229

4.057

1.731

63.150

34.865

230

4.065

1.733

63.150

34.894

231

4.071

1.735

63.150

34.918

232

4.073

1.743

63.150

34.944

233

4.075

1.749

63.150

34.985

234

4.077

1.753

63.153

34.014

235

4.079

1.757

63.159

34.032

236

4.081

1.762

63.173

34.051

237

4.083

1.767

63.193

34.067

238

4.084

1.772

63.214

34.079

239

4.085

1.776

63.233

34.085

(Source: Added at

Ill. Reg.

, effective

)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above opinion and order was adopted on the 21st day of May 1998 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board