Creates legal pleading papers

ILLINOIS POLLUTION CONTROL BOARD

August 23, 2001

IN THE MATTER OF:

ENHANCED VEHICLE INSPECTION AND

MAINTENANCE (I/M) REGULATIONS:

AMENDMENTS TO 35 ILL. ADM. CODE

240.191 – 240.193

)

R02-8

(Rulemaking - Air)

Proposed Rule. Proposal for Public Comment.

OPINION AND ORDER OF THE BOARD (by T.E. Johnson):

On August 20, 2001, the Illinois Environmental Protection Agency (Agency) filed a

proposal to amend the Board’s regulations on inspecting and maintaining vehicles to control air

emissions. Today, the Board accepts the Agency’s proposal for hearing.

BACKGROUND

Sections 182(b) and (c) of the federal Clean Air Act (CAA) (42 U.S.C §§ 7511a(b) and

(c)) require states to implement vehicle “inspection and maintenance” (I/M) programs in areas

that do not meet National Ambient Air Quality Standards (NAAQS) for ozone or carbon

monoxide. Areas that do not meet NAAQS are referred to as “nonattainment” areas.

The CAA requires “basic” I/M programs in “moderate” and “marginal” ozone

nonattainment areas with existing I/M programs. It requires “enhanced” I/M programs in

“serious,” “severe,” and “extreme” ozone nonattainment areas with a population of 200,000 or

more. The CAA also requires states to submit, for the approval of the United States

Environmental Protection Agency (USEPA), revisions to their State Implementation Plans

(SIPs) that describe a satisfactory I/M program and assure that the I/M program will be

implemented.

In Illinois, two areas do not meet the NAAQS for ozone: (1) the Chicago metropolitan

nonattainment area, which is a severe nonattainment area; and (2) the Metro-East St. Louis

nonattainment area, which is a moderate nonattainment area. Under Illinois’ Vehicle Emissions

Inspection Law of 1995 (Vehicle Emissions Law (625 ILCS 5/13B-1

et seq.

(2000)), the Agency

has proposed, and the Board has adopted, as amendments to 35 Ill. Adm. Code 240, an enhanced

I/M program for these two nonattainment areas. See Enhanced Vehicle Inspection and

Maintenance (I/M) Regulations: Amendments to 35 Ill. Adm. Code 240 (July 8, 1998), R98-24;

(December 1, 1994), R94-20; (December 1, 1994), R94-19. The Agency currently proposes to

further amend the enhanced I/M program.

DISCUSSION

In this portion of the opinion, the Board describes the Agency’s proposal to amend 35 Ill.

Adm. Code 240.191, 240.192, and 240.193; discusses the statutory framework governing this

rulemaking; and describes how the Board will proceed with the Agency’s proposal.

Agency Proposal

Under Section 13B-20(a) of the Vehicle Emissions Law (625 ILCS 5/13B-20(a) (2000)),

the Agency proposes amendments to 35 Ill. Adm. Code 240 with respect to the enhanced I/M

program for the Chicago metropolitan and Metro-East St. Louis nonattainment areas. See

Agency Statement of Reasons at 3-4. Through the proposed amendments, the Agency intends to

provide a certain flexibility pursuant to recent USEPA rules for On Board Diagnostic (OBD) test

standards. See Agency Statement of Reasons at 6. Specifically, the Agency states that its

proposal would revise 35 Ill. Adm. Code 240 by:

1. revising the text of Section 240.191 to refer to the OBD procedural rules

contained in 35 Ill. Adm. Code 276;

2. delaying mandatory “pass/fail” OBD testing to January 1, 2003, if the Agency

chooses to apply to USEPA for this delay, and USEPA grants it;

3. modifying the list of diagnostic trouble codes (DTC) that, if identified during an

OBD test, will result in a vehicle’s failure;

4. adding a malfunction indicator light (MIL) visual check, also known as a bulb

check, to the OBD test; and

5. revising the text of Section 240.193 to clarify that the inspection of any vehicle

fault codes actually consists of the electronic retrieval of those stored fault codes.

See Agency Statement of Reasons at 6-10.

The Agency describes these proposed changes as “relatively minor adjustments to the

Enhanced I/M program.” Agency Statement of Reasons at 5. The Agency states that it is

proposing the amendments “to enable Illinois to meet federal and state mandated enhanced

emissions testing requirements.”

Id.

at 3. The Agency also states that its proposal is “designed

to promote the acceptance of and adherence to the enhanced I/M program, by incorporating

necessary ‘flexibility’ provisions for OBD testing as authorized by recent USEPA rulemaking

and guidance.”

Id.

at 5.

Statutory Framework

The Agency proposes to amend 35 Ill. Adm. Code 240 pursuant to Section 13B-20(a) of

the Vehicle Emissions Law (625 ILCS 5/13B-20(a) (2000)). Section 13B-20(a) provides in part:

The Agency shall propose standards necessary to achieve reductions in the

emission of hydrocarbons, carbon monoxide, and oxides of nitrogen from motor

vehicles subject to inspection under this Chapter. Within 120 days after the

Agency proposes these standards, the Board shall adopt rules establishing

standards for the emission of hydrocarbons, carbon monoxide, and oxides of

nitrogen from motor vehicles subject to inspection under this Chapter. These

rules may be amended from time to time pursuant to Agency proposals.

* * *

[S]ubsection (b) of Section 27 of the Environmental Protection Act and the

rulemaking provisions of the Illinois Administrative Procedure Act shall not

apply to rules adopted by the Board under this subsection. 625 ILCS 5/13B-20(a)

(2000).

Proceedings Before the Board

The Board accepts the Agency’s proposal for hearing. Because Section 13B-20(a) of the

Vehicle Emissions Law requires the Board to adopt rules within 120 days after it receives the

Agency’s proposal, the Board will, without commenting on the merits of the Agency’s proposal,

proceed by publishing this proposal in the

Illinois Register

as a proposal for public comment.

The hearing officer assigned to this rulemaking will establish a deadline for filing public

comments.

Pursuant to Section 28 of the Environmental Protection Act (Act) (415 ILCS 5/28

(2000)), the Board will hold at least two public hearings during this rulemaking. The Board will

hold one hearing in Chicago and one hearing in the Metro-East St. Louis area. The hearing

officer will establish specific locations and times for the hearings. After considering the issues

raised at the public hearings and in public comments, the Board will issue a final opinion and

order and publish the adopted rules in the

Illinois Register

As set forth above, Section 13B-20(a) of the Vehicle Emissions Law states that Section

27(b) of the Act (415 ILCS 5/27(b) (2000)) and the rulemaking provisions of the Administrative

Procedure Act (5 ILCS 100/1-1

et seq.

(2000)) “shall not apply to rules adopted by the Board

under this subsection.” 625 ILCS 5/13B-20(a) (2000). Accordingly, the Board will not request

that the Department of Commerce and Community Affairs conduct an economic impact study of

the proposed amendments pursuant to Section 27(b) of the Act, nor will the Board submit the

proposed amendments for first or second notice pursuant to Section 5-40 of the Administrative

Procedure Act (5 ILCS 100/5-40 (2000)). The Board will, however, hold public hearings and

solicit public comment as described above.

The Board directs the hearing officer to schedule public hearings pursuant to Section 28

of the Act. Further, as noted above, the proposal will be published as a proposal for public

comment in the

Illinois Register

. The Board also notes that hearing transcripts and the Board’s

opinions and orders in this rulemaking, including this opinion and order, will be available on the

Board’s Web site (www.ipcb.state.il.us).

ORDER

The Board directs the Clerk to file the following proposed amendments to 35 Ill. Adm.

Code 240 with the Secretary of State to publish in the

Illinois Register

as a proposal for public

comment. Proposed additions are underlined; proposed deletions are stricken.

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 (repealed)

240.125 Compliance Determination (repealed)

SUBPART C: SMOKE OPACITY STANDARDS AND TEST PROCEDURES FOR DIESEL-

POWERED HEAVY DUTY VEHICLES

Section

240.140 Applicability

240.141 Smoke Opacity Standards and Test Procedures for Diesel-Powered Heavy Duty

Vehicles

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 Vehicle Exhaust Emission Fast-Pass Standards

240.165 Compliance Determination

SUBPART F: EVAPORATIVE TEST STANDARDS

Section

240.171 Applicability

240.172 Evaporative System Integrity Test Standards

240.173 Evaporative System Purge Test Standards (Repealed)

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

AUTHORITY: Implementing Sections 9, 10 and 13 and authorized by Section 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]; implementing Section 13-

109.2 of the Illinois Vehicle Code [625 ILCS 5/13-109.2].

SOURCE: Adopted as Chapter 2: Air Pollution, Part VII: Mobile Sources, filed and effective

April 14, 1972; codified at 7 Ill. Reg. 13628; amended in R85-25, at 10 Ill. Reg. 11277, effective

June 16, 1986; amended in R90-20 at 16 Ill. Reg. 6184, effective April 7, 1992; amended in

R94-20 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 22 Ill. Reg. 13723, effective July 13,

1998; expedited correction at 22 Ill. Reg. 21120, effective July 13, 1998; amended in R01-12 at

24 Ill. Reg. 19188, effective December 18, 2000; amended in R01-8 at 25 Ill. Reg. 3680,

effective February 26, 2001; amended in R02-8 at 25 Ill. Reg. ___, effective ___.

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

NOTE: Capitalization denotes statutory language.

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 CFR

§ 86.094-17 and which are inspected utilizing the on-board diagnostic test procedures contained

in 35 Ill. Adm. Code 276.209. Vehicles that receive a result of fail do not thereby fail their

emissions test until January 1, 2002. However, this date shall be extended to January 1, 2003, if

the Agency petitions the USEPA for such an extension, and the request for an extension is

approved by the USEPA pursuant to 40 CFR § 51.357(a)(12).

(Source: Amended at 25 Ill. Reg. , effective p )

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:

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

inoperable; or

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

visually illuminated according to visual inspection; or

c) the malfunction indicator light is commanded to be illuminated for and any of the

following on-board diagnostic trouble codes are present (where x refers to any

digit):; or

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

d) the malfunction indicator light (MIL) does not illuminate at all when the vehicle

is in the key-on/engine-off condition.

(Source: Amended at 25 Ill. Reg. , effective p )

Section 240.193 Compliance Determination

Compliance shall be determined based upon the inspection of the on-board diagnostic vehicle

connector, malfunction indicator light, and electronic retrieval of data stored in the vehicle’s on-

board diagnostic system fault codes using the on-board diagnostic test procedures that will be

adopted by the Agency in 35 Ill. Adm. Code 276.

(Source: Amended at 25 Ill. Reg. , effective p )

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above

opinion and order was adopted on the 23rd day of August 2001 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board