ILLINOIS POLLUTION CONTROL BOARD
November 16, 2000
IN THE MATTER OF: )
)
DIESEL OPACITY RULES; ) R01-8
AMENDMENTS TO ) (Rulemaking – Air)
35 ILL. ADM. CODE 240. )
Proposed Rule. Second Notice.
OPINION AND ORDER OF THE BOARD (by S.T. Lawton, Jr.):
The Board today proceeds to second notice with amendments to its regulations on
controlling air emissions from motor vehicles. Specifically, the Board proposes amendments to
the smoke opacity standards and test procedures for diesel-powered heavy duty vehicles. These
changes are mandated by the Illinois General Assembly.
In this second-notice opinion, the Board: (1) summarizes the proposed amendments; (2)
discusses procedural matters in this rulemaking; (3) sets forth background information on smoke
opacity standards and test procedures, and the legislation requiring this rulemaking; (4) provides
an overview of each of the proposed amendments; and (5) discusses the economic
reasonableness and technical feasibility of the proposed amendments. This opinion is followed
by the Board’s order, which sets forth the proposed amendments. The Board today sends this
proposal to second notice pursuant to Section 5-40(c) of the Illinois Administrative Procedure
Act (IAPA) (5 ILCS 100-5-40(c) (1998),) with three additional definitions to the rules proposed
at first notice, two of which were requested by the Joint Committee on Administrative Rules
(JCAR).
SUMMARY
Opacity is the measurement of light that cannot pass through emissions and reach a light
detector. The Illinois General Assembly directed the Board to amend its smoke opacity
standards and test procedures for diesel-powered heavy duty vehicles, commonly referred to as
heavy-duty diesel powered vehicles (HDDVs), as set forth in 35 Ill. Adm. Code 240. The
General Assembly specifically requires the Board to amend its smoke opacity standards to be
consistent with guidance of the United States Environmental Protection Agency (USEPA), with
one exception. USEPA guidance calls for 1990 or earlier model HDDVs to meet a 55% peak
smoke opacity standard. See USEPA “Guidance to States on Smoke Opacity Cutpoints to be
Used with the SAE J1667 In-Use Smoke Test Procedure,” (1999 USEPA Guidance) EPA420-F-
99-024 at 1, February 25, 1999. The General Assembly, however, mandated that 1973 and
earlier models of HDDVs must only meet a 70% smoke opacity standard until January 1, 2003.
See 625 ILCS 5/13-109.1(b) (1999).
The General Assembly also requires the Board to amend its smoke opacity test
procedures to be consistent with the Society of Automotive Engineers (SAE) recommended
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practice. The Board’s proposed amendments to 35 Ill. Adm. Code 240 are consistent with these
legislative directives.
PROCEDURAL MATTERS
The Illinois General Assembly adopted legislation in 1999 that amends the diesel smoke
opacity tests and procedures under the Illinois Vehicle Code. See Pub. Act 91-254, eff.
July 1, 2000. The law requires the Board to amend its existing diesel smoke opacity rules of 35
Ill. Adm. Code 240 within eight months of the legislation’s effective date of July 1, 2000. To
meet this deadline, the Board plans to enter its final opinion and order concerning the
amendments on or before February 28, 2001.
On September 7, 2000, the Board adopted its first-notice opinion and order for proposed
amendments to its diesel smoke opacity standards. The proposed amendments were published in
the
Illinois Register
on September 22, 2000. See 24 Ill. Reg. 39. The 45-day IAPA public
comment period began on that date and ended on November 6, 2000.
The Board held two hearings in this matter during the first-notice period. The first
hearing was held in Springfield on October 4, 2000, and the second hearing was held in Chicago
on October 24, 2000. The second hearing was reserved in part for the purpose of receiving
comments or questions regarding the Board’s request of the Department of Commerce and
Community Affairs (DCCA) to conduct an economic impact study, and DCCA’s declining to
perform one.
No one presented testimony in either of the two hearings. No one appeared at the second
hearing. The Board received a request from JCAR to add two definitions to the proposed rules.
The Board responds to JCAR’s request by adding definitions for “affected area” and “vehicle
curb weight” to the proposed rules. The hearing officer also admitted the following exhibits into
the record at the October 4, 2000 hearing:
Exhibit No. Exhibit Name
Illinois Pollution Control Board Society of Automotive Engineering
Exh. 1 (October 4, 2000) (SAE) Report – “Snap Acceleration
Smoke Test Procedure for Heavy-
Duty Diesel Powered Vehicles”
(February, 1996)
Illinois Pollution Control Board United States EPA report: “Guidance
Exh. 2 (October 4, 2000) to States on In-Use Smoke Test
Procedure for Highway Heavy-Duty
Diesel Vehicles” (April 3, 1997)
Illinois Pollution Control Board United States EPA report: “Guidance
Exh. 3 (October 4, 2000) to States on Smoke Opacity
Cutpoints To Be Used With the
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SAE J1667 In-Use Smoke Test
Procedure” (February 25, 1999)
Illinois Pollution Control Board SAE Report: “Establishment
Exh. 4 (October 4, 2000) of Smoke Opacity Cutpoints for
SAE J1667 Test Procedure”
(November 1998)
The Board did not receive any public comments in this matter. The public comment period
expired on November 9, 2000. The only changes that the Board makes today to its first-notice
proposal is to add a definition for “snap acceleration testing” and add the two definitions
requested by JCAR.
BACKGROUND
Existing Standards
On April 7, 1992, the Board adopted new HDDV smoke opacity standards and test
procedures to replace regulations that applied only to pre-1970 diesel engines. See Diesel
Vehicle Exhaust Opacity Limits (February 27, 1992), R90-20. The 1992 regulations established
smoke opacity standards and test procedures for HDDVs at 35 Ill. Adm. Code 240.141. The
existing smoke opacity standards are the same as the limits currently recommended by the
USEPA. See 1999 USEPA Guidance at 1. The Board’s existing peak smoke opacity standards
for HDDVs are as follows:
40% or less for 1991 or later model years
55% or less for 1990 or earlier models
The most current USEPA recommendations concerning the above limits or “cutpoints”
are based upon the results of a 1998 SAE study of state-operated smoke testing programs. The
study found that most states support the 40/55% limits, which are intended to identify excessive
smoke emitters. SAE report, “Establishment of Smoke Opacity Cutpoints for SAE J1667 Test
Procedure” (1998 SAE Report) at 6 (November 1998). According to the report, states also
agreed that the 40/55% limit yields good results at screening out “gross polluters.” 1998 SAE
Report at 7.
The Board’s existing smoke opacity test procedure is set forth at 35 Ill. Adm. Code
Sections 240.141(b) and (c). The test procedure uses a smokemeter that measures the amount of
light that passes through exhaust smoke during a “snap-idle” test. In the snap-idle test, the
HDDV is placed in neutral and the engine is run from idle to its maximum no-load RPM. The
peak opacity readings of the smoke plume generated from repetitive snap-idle accelerations of
the engine are then compared to the smoke opacity standards listed above.
Illinois Vehicle Code Amendments – Pub. Act 91-254 and Pub. Act 91-865
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The Illinois General Assembly specifically directs the Board in Pub. Act 91-254 to revise
its diesel emissions standards and procedures to be consistent with: (1) the SAE recommended
practice J1667 “Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered
Vehicles;” and (2) the USEPA’s “Guidance to States on Smoke Opacity Cutpoints to be used
with SAE J1667 In-Smoke Test Procedure.” See 625 ILCS 5/13-109.2 (1999).
The legislation also states the Board must add a new diesel smoke opacity standard of
70% for 1973 and earlier model HDDVs until January 1, 2003. Beginning January 1, 2003,
these older vehicles will be subject to the generally applicable smoke opacity standard of 55%.
See 625 ILCS 5/13-109.1(b) (1999). This 70% limitation is less stringent than the 55% limit
recommended by the USEPA for the same model year HDDVs. See 1999 USEPA Guidance at
1.
The 1999 amendments to the Illinois Vehicle Code also authorize a new diesel emission
inspection program and create the Diesel Emissions Testing Fund. See Pub. Act 91-254 (1999),
eff. July 1, 2000. The legislation requires all two-year and older HDDV models with a gross
vehicle weight rating (GVWR) over 16,000 pounds to undergo diesel emissions tests during the
currently required annual safety test inspections. 625 ILCS 5/13-109.1(a) (1999).
The annual emissions testing only applies to trucks registered within the ozone non-
attainment areas located in the Chicago metropolitan area, the collar counties, and the Bi-State
Metro East areas of the State, all of which include the following counties: Cook, DuPage, Kane,
Lake, Madison, McHenry, Monroe, St. Clair, and Will. The law also extends to applicable
HDDVs that are registered in the townships of Aux Sable and Goose Lake of Grundy County
and Oswego in Kendall County. See 625 ILCS 5/13-100.1 (1999). Finally, the 1999 legislation
preempts home rule and exempts farm vehicles from the annual emissions testing requirements.
If a truck fails the diesel emissions test, the owner or operator of the truck must repair and
retest the vehicle within 30 days. If the HDDV fails the test a second time, and is not an
emergency vehicle, the testing station or Illinois Department of Transportation (IDOT) will place
it out of service. See 625 ILCS 5/13-109.1(c) (1999). The Illinois State Police may issue a
waiver after reinspection if given documented proof of at least a total of $3,000 spent in an
attempt to repair the noncompliant vehicle
Id.
The General Assembly also recently passed Pub. Act 91-865 in April 2000, which
authorizes the Illinois State Police to perform non-scheduled “spot testing” of certain HDDVs
which emit excessive black smoke within ozone non-attainment areas of the State. Pub. Act 91-
865, eff. July 1, 2000. Spot testing applies to both interstate and intrastate vehicles. The Board
notes that the General Assembly directed the Board solely to adopt a revised test procedure and
temporary smoke opacity standard, and gave IDOT and the Illinois State Police the responsibility
to implement the rule in non-attainment areas through the diesel inspection program.
USEPA Guidance / Recommendations for HDDV Inspection and Maintenance Programs
The USEPA established emissions control regulations for new motor vehicles under Title
II of the Clean Air Act (CAA). See 40 C.F.R. § 86 (2000). While the CAA requires in-use
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inspection and maintenance for passenger cars and light-duty vehicles, it does not require states
to implement any inspection and maintenance programs for in-use HDDVs. However, many
states including Illinois are in various stages of independently implementing in-use smoke testing
programs as a means to address concerns about emissions from HDDVs.
The USEPA has raised concern that some states are not adopting the same test procedures
for smoke measurement. The USEPA published two guidance documents that are designed to
promote consistency among state programs and help to establish consistent test procedures and
opacity standards. The USEPA warns that inconsistent testing procedures subject the trucking
industry to different protocols whenever trucks engage in interstate travel. In addition, different
testing protocols hinder states from accurately comparing their diesel opacity test results. The
USEPA concludes a uniform test would allow states to more easily compare results and quantify
any environmental benefits.
The USEPA recommends the uniform use of the SAE J1667 “Snap-Acceleration Smoke
Test Procedure for HDDVs.” See USEPA Guidance EPA420-F-97-053, April 3, 1997. The
SAE J1667 snap-acceleration smoke test procedure is similar to the snap-idle test procedure that
is currently utilized in Illinois. Both procedures measure smoke opacity by averaging peak
readings from three cycles of revving the engine from idle to full throttle and back to idle again.
However, the SAE J1667 test procedure contains more detail than the existing procedure,
in that it addresses at greater length the time duration per test run, operating parameters for
measurement equipment, sampling of multiple exhaust ports, and variations in ambient air
conditions. See SAE report “Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
Powered Vehicles,” (SAE J1667 report) (February 1996). The SAE J1667 procedure spans 42
pages, whereas the existing procedure under 35 Ill. Adm. Code 240 only covers two pages.
Moreover, the Illinois procedure refers to an outdated document, SAE J225a “Diesel Engine
Smoke Measurement” from August 1978, which was updated to a more recent edition in
February 1995.
OVERVIEW OF PROPOSAL
Discussion of the Suggested Changes to Part 240 Diesel Opacity Regulations
The proposed changes to the Board’s existing diesel opacity rules are contained in the
Board’s order. Additions are shown by underline and deletions by strike-through font. The
proposed changes are explained below.
Opacity Standards – 35 Ill. Adm. Code 240.141(a)
The Board’s current 40/55 percent peak smoke opacity standards are consistent with the
1999 USEPA guidance. However, the Board here adds a provision under Section 240.141(a)
that incorporates the 70% standard for 1973 and older model HDDVs until December 31, 2002,
as mandated in Section 13-109.1(b) of the Illinois Vehicle Code.
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The Board also deletes the reference to the federal peak smoke engine certification at
Section 240.141(a) to be consistent with USEPA guidance. The USEPA guidance does not make
any distinctions in its recommended standards that are based on the certification requirements.
Deleting the reference to federal certification does not appear to broaden the scope of the
regulations because the certification is required for all newly manufactured engines of model
years 1977 and newer. See 40 C.F.R. § 86 (2000). Although the Board solicited comments
about whether deleting the federal certification reference poses any potential problems, the
Board did not receive any public comments on the issue.
SAE J1667 Smoke Test Procedure – Section 240.141(b)
Summary of the SAE J1667 Smoke Test Procedure.
The proposed regulations incorporate
the SAE J1667 test procedure in accordance with the legislative directive in Pub. Act 91-254.
625 ILCS 5/13-109.1(b) (1999). Although the new procedure is similar to Illinois’ former snap-
idle cycle, it does include a few differences, and a much more extensive protocol. The Board
describes the procedure below. However, the following summary in no way should be
considered a substitute for meticulous compliance with the SAE J1667 test procedure. It is
imperative to follow the specific details of the 1998 SAE report. A complete version of the SAE
J1667 test procedure is available at: http://www.sae.org for a $59 fee.
Test Equipment.
The SAE 1667 report sets forth specific details concerning test
equipment, which essentially involves three main components. The smoke measurement
equipment used in the J1667 test utilizes a full-flow end-of-line or sampling type smokemeter.
The smokemeter data processing unit must be compatible with the test equipment. A
supplemental chart recorder or other collection media may be used to record test results,
provided that the device(s) does not affect the smoke measurement.
Vehicle Preparation and Safety Check.
The SAE J1667 report identifies how to prepare a
vehicle and perform a safety check prior to conducting the smoke test. In part, the procedure
involves placing the vehicle in neutral for manual transmissions or park for automatic
transmissions, if available, and deactivating any devices installed on the engine to ensure normal
acceleration characteristics of the engine and representative snap-acceleration test results. The
procedure also requires persons performing the test to verify the speed-limiting capability of the
engine governor by gradually revving the engine once, being cautious of signs that the engine
may be of questionable soundness. If the test administrator observed unsafe conditions, he or
she would abort the test. The vehicle preparation step further instructs test administrators to
inspect the vehicle for exhaust leaks, and note blue or white smoke, which could indicate oil
burning or leaking internal coolant.
Test Preparation and Equipment Set-Up.
When setting up equipment prior to the smoke
test, the SAE J1667 report requires the installation of the smokemeter and data processing unit
per manufacturers’ specifications. In addition, if the test results are to be reported in units of
smoke opacity, the rated power of the engine must be determined. For full-flow end-of-line type
smokemeters, the procedure includes details on aligning the axis of the light beam perpendicular
to the axis of the exhaust flow and determining the effective optical path length used to make
smoke measurements per SAE J1667 Appendix D. For sampling type smokemeters, the report
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discusses how to insert the probe into the exhaust tailpipe with the open end facing upstream into
the exhaust flow. For multiple exhaust outlets, the SAE 1667 report directs people to use the
most convenient exhaust outlet if there is no discernible difference between emissions from the
other outlets.
To ensure repeatability between test cycles, the SAE advises that the test administrator
may install a tachometer to measure engine speed and provide data regarding the idle RPM,
maximum RPM, and time to accelerate from idle to maximum RPM.
Ambient air conditions can affect snap-acceleration smoke test results. To ensure reliable
results, the procedure also instructs the test administrator to record ambient conditions at the time
of the test, including: altitude, air temperature, wind, dry air density, and humidity. Correcting
factors are then applied during the final result calculations.
As the SAE notes, regulating agencies adopting this procedure should make some
allowances for the fact that certain vehicles may be more sensitive than others to the adjustment
equations used for air density in the final calculations. In light of this, the adjustment equations
can only be considered approximate when it is applied to specific engines of unknown air density
sensitivity.
Driver Familiarization and Vehicle Preconditioning
. The sections involving driver
familiarization and vehicle preconditioning can be summarized in the following steps. The 1998
SAE report first discusses how to warm up the vehicle by operating it for at least 15 minutes or
by checking water and oil temperature gages to verify that the engine is within normal operating
temperature range.
The procedure then instructs the test administrator to execute a preliminary snap-
acceleration test. When the vehicle is warmed-up and at low idle speed, the procedure states the
throttle should be moved to the fully open position as rapidly as possible and held in the position
until the engine reaches maximum governed speed. The throttle must be held for an additional
1-4 seconds before releasing to allow the engine to return to idle. Then, the engine must be
allowed to idle from 5 to 45 seconds before initiating the next snap-acceleration test cycle.
According to the SAE J1667 report, the test administrator should repeat the preliminary
snap-acceleration test at least twice. The preliminary cycles allow the test administrator to
remove any loose soot in the vehicle exhaust system and ensure that the smoke measurement
system is operating properly.
Execution of the Snap Acceleration Test.
The SAE J1667 report contains specific details
regarding performance of the snap-acceleration test. The test procedure generally involves the
following steps. The report specifies how test administrators must set up a smokemeter data
processing unit and verify the zero and full scale readings of the smokemeter. Then, the report
instructs test administrators to conduct three snap-acceleration test cycles within two minutes of
the preliminary snap-acceleration cycles.
8
Finally, the SAE J1667 report discusses how to analyze and ensure the accuracy of the
results from the snap-acceleration test. The process includes determining the corrected
maximum 0.5 second average smoke values for each of the 3 cycles and applying algorithms and
corrections in SAE J1667 Appendices A, B, C, and D. The degree of the post-test smokemeter
zero shift must also be determined. The report includes how test administrators must validate
that none of the test procedures or criteria were compromised. To be considered valid, the
difference between the highest and lowest 0.5 second average smoke values shall not exceed
5.0% opacity, and the smokemeter zero shift values shall not exceed 2% opacity . If a test is
deemed invalid, the SAE procedure directs persons to troubleshoot the possible causes and repeat
the above steps.
Calculation and Reporting of Final Results.
After completing the snap-acceleration test,
the SAE J1667 test procedure directs the test administrator to report the average of the 3
corrected maximum 0.5 second average smoke values as the final result.
Proposal
. Pub. Act 91-254 requires the Board to update its existing diesel smoke test to
be consistent with the SAE J1667 procedure. While the current smoke test procedure, which
utilizes a snap-idle cycle, is similar to SAE J1667, it does not provide the level of detail set forth
in the new SAE smoke test procedure. In proposed Section 240.141(b), the Board replaces the
existing test procedure at 35 Ill. Adm. Code 240.141(b) and (c) with the SAE J1667 smoke test
procedure.
The Board also proposes to incorporate by reference the SAE J1667 test procedure. The
Board further adds a note to 35 Ill. Adm. Code 240.141(b), to indicate that the Department of
Transportation regulations at 92 Ill. Adm. Code 460 also address diesel smoke test procedures.
Adjusted Standard – Section 240.141(d)
In the Board’s original diesel opacity rulemaking, R90-20, Detroit Diesel Corporation
(DDC) commented that 1987-1990 Series 60 engines could not reasonably meet the 55% opacity
standard using the Board’s snap-idle test and that the engines emit very low levels of smoke
under most other operating conditions. See Diesel Vehicle Exhaust Opacity Limits (February
27, 1992), R90-20, slip op. at 10-11. The Board therefore adopted Section 240.141(d) to set
forth the level of justification required for such engines to qualify for an adjusted standard from
the 55% opacity standard of subsection (a)(2):
d)
Pursuant to Section 28.1(b) of the Act and 35 Ill. Adm. Code 106. Subpart
G, any person petitioning for an adjusted standard from the 55% peak
smoke opacity standard in subsection (a)(2) for DDC 1987-1990 Series 60
engines shall establish its justifications by providing the following
information at a minimum:
1)
The specific characteristics common only to all the 1987-1990
Series 60 engines that result in noncompliance with the 55%
opacity standard.
9
2)
All USEPA certification and snap/idle test data.
3)
Economic and technical data related to the logistical or other
perceived difficulties encountered or that may be encountered if
the existing 1987-1990 Series 60 engine software were to be
reprogrammed so as to come into compliance.
4)
The alternative opacity standard proposed and supporting data.
5) Supporting data showing that the requested standard will not result
in environmental or health effects substantially and significantly
more adverse than the effects considered by the Board in adopting
the rule of general applicability
.
(Section 28.1(c)(3) of the Act). 35
Ill. Adm. Code 240.141(a).
DDC in turn petitioned for an adjusted standard pursuant to subsection (d). DDC
demonstrated that complying with the 55% opacity standard using the snap idle test on the DDC
1987-1990 Series 60 engines was unreasonable. On May 20, 1993, in AS 92-4, the Board
granted the adjusted standard, relaxing the 55% opacity standard to 85% for all of the engines in
question. See
In re
Joint Petition of Detroit Diesel Corporation and the Engine Manufacturers
Association for Adjusted Standards from 35 Ill. Adm. Code 240.141 (May 20, 1993), AS 92-4.
The 85% opacity standard was premised on studies of the engines when evaluated using the
snap-idle test.
Since the Board based subsection (d) on potential difficulties for these engines with a test
that is now being replaced, the Board proposes to delete the subsection. Although the old snap-
idle test and the new snap-acceleration test are similar, the procedures do contain some
differences. In its first-notice opinion, the Board solicited comments on whether the DDC
engines would have the same problems with the snap-acceleration test, and, if so, whether 85%
would be the appropriate smoke opacity standard for these engines using the new test. The
Board did not receive any comments regarding the deletion of subsection (d) or the appropriate
smoke opacity standard achievable by the DDC 1987-1990 Series 60 engines under the new snap
acceleration test procedure.
Definitions – Section 240.102
The Board proposes to change three definitions in the regulations to reflect the
incorporation of the SAE J1667 procedure. The Board defines “opacity” because it is used in
Part 240 of the diesel smoke opacity regulations. The Board proposes to base the new term on
the definition set forth in the SAE J1667 smoke test procedure, which defines opacity as “the
percentage of light transmitted from a source that is prevented from reaching a light detector.”
To ensure the regulatory definitions are consistent with the new SAE J1667 procedures, the
Board also proposes to delete the definitions of “smokemeter or opacimeter” and “snap-idle
cycle,” which terms were used for the old testing method.
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Incorporations by Reference - Section 240.107
The Board proposes to incorporate by reference the new SAE J1667 test procedure
document. The Board also proposes to delete older references to the SAE J255a procedure and
the International Standards Organization (ISO) Publication 393, and incorporate by reference the
SAE J1667 test procedure. The Board does not propose to incorporate by reference the USEPA
Guidance document on smoke opacity standards because the Board has set forth the applicable
standards in 35 Ill. Adm. Code 240.141(a).
Other Changes - Sections 240.104, 240.105 & 240.106
The remainder of the proposed changes updates sections concerning inspection, penalty
and determination of violation. Diesel powered vehicles that are subject to inspection under
Section 13-109.1 of the Act would have to comply with smoke opacity standards in Section
240.141(a). See 35 Ill. Adm. Code 240.104(c). Any violations of Section 240.141(a) would be
subject to penalties under Section 13.109.1 of the Act. See 35 Ill
.
Adm. Code 240.105(a).
Violations of Section 240.141(a) could be determined in accordance with test procedures in
Section 240.141(b). See 35 Ill. Adm. Code 240.106(c).
ECONOMIC REASONABLENESS AND TECHNICAL FEASIBILITY
The Illinois General Assembly mandated in Pub. Act 91-254 that the Board adopt both
the more lax temporary smoke diesel opacity standard for older model HDDVs and the snap
acceleration test procedure. The record before the Board indicates that the proposed rules will
provide an economic benefit to sources with heavy-duty diesel powered vehicles that are 1973
and earlier models, which will be held to a more lenient 70% smoke diesel opacity standard until
January 1, 2003. Further, the new snap-acceleration test, which is similar to the existing snap-
idle test, is economically sound and based on existing technology. Thus, the Board finds that the
rule is economically reasonable and technically feasible based on the record before it, and
warrants proceeding to second notice.
CONCLUSION
The Board finds that the proposal is economically reasonable and technically feasible.
Therefore, the Board will proceed to second notice pursuant to the Illinois Administrative
Procedures Act.
ORDER
The Board hereby proposes for second notice the following amendments to 35 Ill. Adm.
Code 240. The Clerk of the Board is directed to file these proposed rules with the Joint
Committee on Administrative Rules.
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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 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
12
Section
240.161 Applicability
240.162 Vehicle Exhaust Emission Start-Up Standards
240.163 Vehicle Exhaust Emission Final Standards
240.164
240.165
Vehicle Exhaust Emission Fast-Pass Standards
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 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]; implementing Section 13-
109.2 of the Illinois Vehicle Code [625 ILCS 5/13-109.2] and authorized by Sections 27 and
28.5 of the Environmental Protection Act [415 ILCS 5/27 and 28.5].
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;
13
expedited correction at 22 Ill. Reg. 21120, effective July 13, 1998; amended in R01-8 at 24 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.
“Affected Area” means the counties of Cook, DuPage, Lake, Kane,
McHenry, Will, Madison, St. Clair, and Monroe and the Townships of
Aux Sable and Goose Lake in Grundy County and the Township of
Oswego in Kendall County. See 625 ILCS 5/13-100.1 (1998).
“Agency” means the Illinois Environmental Protection Agency.
“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.
14
“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.
“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.
15
“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].
“Opacity” means the percentage of light transmitted from a source that is
prevented from reaching a light detector.
“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.
“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
16
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.
“Snap-acceleration test” means a test to measure exhaust smoke opacity
from heavy-duty diesel powered vehicles in accordance with the SAE
J1667 procedure, incorporated by reference at Section 240.107 of this
Subpart.
“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.
“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.
“Vehicle curb weight” means the actual vehicle weight plus standard
equipment and a full fuel tank.
(Source: Amended at 24 Ill. Reg.___ , effective ____)
Section 240.104 Inspection
a) 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.
b) All motor vehicles subject to inspection pursuant to Section 13B-15 of the
Vehicle Emissions Inspection Law of 1995 [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.
c) All diesel-powered vehicles subject to inspection pursuant to Section 13-109.1 of
the Illinois Vehicle Code [625 ILCS 5/13-109.1] must comply with applicable
smoke opacity standards set forth in Section 240.141(a) of this Part.
(Source: Amended at 24 Ill. Reg.___ , effective ____)
17
Section 240.105 Penalties
a) 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].
b) Any violations of Sections 240.104(a) 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 of 1995 [625 ILCS 5/13A-112 and 13A-113].
c) Any violations of Sections 240.104(b), 240.152, 240.162, 240.163, 240.172,
240.182, and 240.192 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 [625 ILCS
5/13B-55 and 13B-60].
d) Any violation of Section 240.141(a) of this Part will be subject to penalties as set
forth in Section 13-109.1 of the Illinois Vehicle Code [625 ILCS 5/13-109.1].
(Source: Amended at 24 Ill. Reg.___ , effective ____)
Section 240.106 Determination of Violation
a) 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.
b) Any violations of Sections 240.124, 240.152, 240.162, 240.163, 240.172,
240.182, or 240.192 of this Part shall be determined in accordance with test
procedures adopted by the Agency in 35 Ill. Adm. Code 276.
c) Any violation of Section 240.141(a) of this Part will be determined in accordance
with test procedures set forth in Section 240.141(b) of this Part.
(Source: Amended at 24 Ill. Reg.___ , effective ____)
Section 240.107 Incorporations by Reference
The following materials are incorporated by reference and include no later editions or
amendments:
a) Society of Automotive Engineers (SAE), 400 Commonwealth Drive, Warrendale,
PA 15096-0001, www.sae.org: Report J1667 Snap-Acceleration Smoke Test
Procedure for Heavy-Duty Diesel Powered Vehicles (February 1996) 255a Diesel
Engine Smoke Measurement (August 1978).
18
b)
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.
bc) 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.
(Source: Amended at 24 Ill. Reg.___ , effective ____)
SUBPART C: HEAVY-DUTY DIESEL SMOKE OPACITY STANDARDS AND TEST
PROCEDURES FOR DIESEL-POWERED HEAVY DUTY VEHICLES
Section 240.140 Applicability
This Subpart applies to all on-road, diesel-powered heavy duty vehicles with a 8,000 pounds or
greater manufacturer’s maximum gross vehicle weight rating (GVWR) operating in the State of
Illinois.
(Source: Amended at 24 Ill. Reg.___ , effective ____)
Section 240.141 Heavy Duty Diesel Vehicle Smoke Opacity Standards and Test
Procedures for Diesel-Powered Heavy Duty Vehicles
a) Diesel-powered heavy duty vehicles described in Section 240.140 of this Subpart
are subject to the following The standard for heavy-duty diesel vehicle smoke
opacity standards is as follows:
1) Diesel-powered heavy duty vehicles that are model year No 1991 or newer
later model year heavy-duty diesel-powered vehicle with a federal peak
smoke engine certification operating on the roadways within the State of
Illinois shall must not exceed forty percent peak smoke opacity when
tested in accordance with subsections subsection (b) of this Section and
(c).
2) Except as set forth in subsection (a)(3) of this Section, for subsection
(a)(1), no heavy-duty diesel-powered heavy duty vehicle vehicles that are
model year 1990 or older operating on the roadways within the State of
Illinois shall must not exceed fifty-five percent peak smoke opacity when
tested in accordance with subsection subsections (b) of this Section and
(c).
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3) Until December 31, 2002, diesel-powered heavy duty vehicles that are
model year 1973 or older must not exceed seventy percent peak smoke
opacity when tested in accordance with subsection (b) of this Section.
Beginning on January 1, 2003, diesel-powered heavy duty vehicles that
are model year 1973 or older must not exceed fifty-five percent peak
smoke opacity when tested in accordance with subsection (b) of this
Section.
b) Test procedures and equipment for measuring peak smoke opacity from diesel-
powered heavy duty vehicles must be in accordance with the Society of
Automotive Engineer’s (SAE) Recommended Practice J1667, “Snap-Acceleration
Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles,” (February
1996), incorporated by reference in Section 240.107 of this Part.
BOARD NOTE: The Illinois Department of Transportation also addresses the
use of diesel smoke test procedures in 92 Ill. Adm. Code 460.
The smoke opacity measurement shall be carried out using a light-extinction type
opacimeter capable of measuring and recording opacity continuously during the
snap idle testing cycle. A strip chart recorder or an equivalent or better recording
device shall be used in concert with the opacimeter to record opacity
continuously, including peak values. The opacimeter shall be capable of
providing opacity readings with sufficient resolution to obtain 0.5 second-
averaged values. The peak 0.5 second-averaged value shall be used for showing
compliance with the standard in subsection (a). Where the response time of the
instrument is such that opacity is being measured at smaller than 0.5 second
intervals, the meter shall have the capability of providing or allowing the
calculation of 0.5 second-averaged values.
1) The opacimeter shall be either an in-line full-flow opacimeter; end-of-line
or plume type full-flow opacimeter; or a sampling type partial flow
opacimeter. The opacimeter and recording devices shall be calibrated
according to manufacturer’s specifications. Corrections for the effect of
exhaust stack diameter shall apply to opacity measurements made using an
end-of-line full-flow opacimeter; and
2) The opacimeter and recorder shall comply with specifications in the
International Standards Organization ISO 393 and in Society of
Automotive Engineers (SAE) report number J255a entitled "Diesel Engine
Smoke Measurement", incorporated by reference in Section 240.107.
c) The test procedure using the snap idle cycle shall occur when the engine is at
normal operating temperature. The test shall consist of preparation,
preconditioning, and testing phases.
1) In the preparation phase, the vehicle shall be placed at rest, the
transmission shall be placed in neutral, and the vehicle wheels shall be
20
properly restrained to prevent any rolling motion. In the event of a
roadside test, it shall be acceptable under this Section for the driver to
apply the brakes during the test.
2) In the preconditioning phase, the vehicle shall be put through a snap idle
cycle three or more times until successive measured smoke opacity
readings are within ten percent (10%) of each other. The opacimeter shall
be rechecked prior to the preconditioning sequence to determine that its
zero and span setting are adjusted to manufacturer's specifications.
3) In the testing phase, the vehicle shall be put through the snap idle cycle
three times.
A) The smoke opacity shall be measured during the preconditioning
and testing phases with an opacimeter meeting the requirements of
subsection (b) and shall be recorded continuously on the recorder
during each snap idle cycle. The maximum 0.5 second averaged
value recorded during each snap idle cycle shall be the smoke
opacity reading.
B) The average of the three smoke opacity readings shall be used to
determine compliance with the opacity standard in subsection (a).
d) Pursuant to Section 28.1(b) of the Act and 35 Ill. Adm. Code 106. Subpart G, any
person petitioning for an adjusted standard from the 55% peak smoke opacity
standard in subsection (a)(2) for DDC 1987-1990 Series 60 engines shall establish
its justifications by providing the following information at a minimum:
1) The specific characteristics common only to all the 1987-1990 Series 60
engines that result in noncompliance with the 55% opacity standard.
2) All USEPA certification and snap/idle test data.
3) Economic and technical data related to the logistical or other perceived
difficulties encountered or that may be encountered if the existing 1987-
1990 Series 60 engine software were to be reprogrammed so as to come
into compliance.
4) The alternative opacity standard proposed and supporting data.
5) Supporting data showing that THE REQUESTED STANDARD WILL
NOT RESULT IN ENVIRONMENTAL OR HEALTH EFFECTS
SUBSTANTIALLY AND SIGNIFICANTLY MORE ADVERSE THAN
THE EFFECTS CONSIDERED BY THE BOARD IN ADOPTING THE
RULE OF GENERAL APPLICABILITY. (Section 28.1(c)(3) of the Act).
(Source: Amended at 24 Ill. Reg.___ , effective ____)
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify that
the above opinion and order was adopted on the 16th day of November 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
