ILLINOIS POLLUTION CONTROL BOARD
December 6, 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)
Final Order. Adopted Rule.
OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
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 adopts amendments to 35 Ill. Adm. Code 240.191, 240.192 and
240.193. The adopted rules contain most, but not all, of the Agency’s proposed changes.
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’s proposal was filed under Section 13 B-20(a) of the Vehicle Emissions Law
of 1995 (Vehicle Emissions Law). 625 ILCS 5/13-B-1 et seq. (2000). The Vehicle Emissions
Law provides that Section 27(b) of the Environmental Protection Act (Act) (415 ILCS 5/27(b)
(2000)) and the rulemaking provisions of the Administrative Procedure Act (5 ILCS 100/1-1
et
2
seq.
(2000)) “shall not apply to rules adopted by the Board under this subsection.” 625 ILCS
5/13B-20(a) (2000). Section 13B-20(a) requires the Board to adopt rules within 120 days after it
receives the Agency’s proposal, that is, on or before December 18, 2001. Adoption of these
rules today fulfills the statutory mandate.
On August 23, 2001, the Board accepted the proposal for hearing and directed the
proposal be filed for publication in the
Illinois Register
as a proposal for public comment. The
proposal for public comment appeared in the
Illinois Register
on September 7, 2001, 25 Ill. Reg.
11328.
The Board held two public hearings in this matter. The first hearing was held on October
12, 2001, in Collinsville, Illinois. The second hearing was held on October 19, 2001, in
Chicago, Illinois. Both hearings were held before Hearing Officer John Knittle. At both
hearings, the Agency was present to provide testimony in support of its proposal. The following
Agency personnel participated in the Board proceedings: Elizabeth Tracy, manager of the
Division of Vehicle Inspection and Maintenance Program, Bureau of Air; Michael Hills,
Technical Services employee in the Vehicle Inspection and Maintenance Program; and James
Matheny, Technical Service Manager of the Division of Vehicle Inspection Maintenance. No
other testimony or public comments were filed in this matter.
AGENCY PROPOSAL
The Agency proposed amendments to 35 Ill. Adm. Code 240.191, 240.192, and 240.193.
Specifically, the Agency stated 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 described these proposed changes as “relatively minor adjustments to the
Enhanced I/M program.” Agency Statement of Reasons at 5. The Agency states that it was
proposing the amendments “to enable Illinois to meet federal and state mandated enhanced
emissions testing requirements.”
Id.
at 3. The Agency also stated that its proposal was
“designed to promote the acceptance of and adherence to the enhanced I/M program, by
3
incorporating necessary ‘flexibility’ provisions for OBD testing as authorized by recent USEPA
rulemaking and guidance.”
Id.
at 5.
THE ADOPTED AMENDMENTS
Federal regulations require the adoption by states of standards that result in a reduction of
vehicle emissions through testing procedures meeting, or exceeding, the amount of emissions
that would be reduced if its “model” I/M program design was implemented. USEPA requires
“design elements” to be a part of any enhanced I/M plan, but allows states to vary certain
program inputs as long as the plan achieves the same or greater reductions in emissions that
those required by USEPA’s applicable performance standard. The Board has adopted certain
required standards for Illinois’ enhanced I/M program, and the Agency has adopted certain
necessary procedural rules at 35 Ill. Adm. Code 276.
The amendments the Board is adopting today are designed to promote the acceptance of
and adherence to the enhanced I/M program, and to refine certain test requirements by
incorporating necessary ‘flexibility’ provisions for OBD testing as authorized by recent USEPA
rulemaking and guidance.
Additional changes have been made to the rule for clarity and for the workability of the
program. Although a majority of the changes were minor, the Board is making one noteworthy
change, which the Agency agreed to at hearing. As proposed, the last sentence in Section
240.191 would have delayed mandatory “pass/fail” OBD testing to January 1, 2003, if the
Agency chooses to apply to USEPA for this delay, and USEPA grants it. At hearing, the Board
expressed concerns that this change would create a situation where the date is extended only if
two separate conditions are fulfilled, causing the potential problem that the public might not
know whether the date had been extended. The Agency did not object to the removal of this
provision, and the Board does not include this portion of the proposal in the adopted
amendments. This sentence has been omitted from the adopted rules.
CONCLUSION
As previously discussed, Sections 182(b) and (c) of the CAA (42 U.S.C. Section
751a(b),(c)) require states to implement vehicle “inspection and maintenance” I/M programs in
areas that do not meet NAAQS for ozone or carbon monoxide. Accordingly, the Board addopts
the suggested amendments to 35 Ill. Adm. Code 240 to bring the Illinois I/M program into
conformity with all CAA requirements. As noted, the rules adopted to day incorporate each of
the Agency’s suggested changes except the one 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.
The Board finds that the Agency proposal and supporting documentation demonstrate
that the proposal will enable Illinois to meet federal and state mandated enhanced emissions
testing requirements, and promote the acceptance of and adherence to the enhanced I/M
program.
ORDER
;
4
The Board directs the Clerk to submit the following adopted amendments to 35 Ill. Adm.
Code 240 to the Secretary of State for filing and publication in the
Illinois Register.
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
5
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
6
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.
(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
1)
Any PX1XX Fuel and Air Metering codes
2)
Any PX2XX Fuel and Air Metering codes
3)
Any PX3XX Ignition System or Misfire codes
4)
Any PX4XX Auxiliary Emission Controls codes
7
5)
P0500 Vehicle Speed Sensor Malfunction
6)
P0501 Vehicle Speed Sensor Range/Malfunction
7)
P0502 Vehicle Speed Sensor Circuit Low Input
8)
P0503 Vehicle Speed Sensor Intermittent/Erratic/High
9)
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
8
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 )
9
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 December 6, 2001 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
