ILLINOIS POLLUTION CONTROL BOARD
    January 7, 1993
    IN THE
    MATTER
    OF:
    )
    )
    APPLICATION OF CALIFORNIA
    )
    1189-17(C)
    MOTOR VEHICLE CONTROL PROGRAM
    )
    (Rulemaking)
    IN
    ILLINOIS
    )
    DISSENTING OPINION (by J. Theodore Meyer):
    I dissent from the majority’s action
    dismissing
    this docket.
    I believe that adoption of the California LEV program in Illinois
    is
    both technically feasible and economically
    reasonable.
    Therefore, I would have proceeded with the rul.*aking.
    In
    September 1990, the California Air Resources Board (CARB)
    adopted a new program, the Low
    **ission
    Vehicle (IIV) program, to
    fu~thertighten emissions
    from
    vehicles in California.
    The L~FV
    program establishes four new categories
    of vehicle
    emission
    standards which are to be phased in beginning in model year (MY)
    1994.
    The four types of LEV vehicles are categorized according
    to
    the
    emission standards
    those
    vehicles
    must meet.
    The
    transitional low emission vehicle (TLEV) re~esemts10-20
    of mew
    vehicle’ production beginning in MY 1994.
    TLEVs muSt meet
    a
    hydrocarbon (BC) standard of 0
    125 grams per mile (g/mi).
    Carbon
    monoxide
    (CO) and oxides of nitrogen
    (NOx). standards are the same
    as for MY 1993
    vehicles.
    The low
    emission vehicle
    (LEV)
    represents 25
    of new vehicle production beginning in KY 1997.
    LEVs must meet stafldards of 0.075 g/mi BC and 0.2 q/mi
    BOx.
    The.
    CO
    standard
    for LEVe is the
    same
    as
    for MY
    1993
    vehicles
    and
    TLEVs.
    The ultra low emission vehicle (ULEV) represents 2
    15
    of new vehicle production between 1997
    2003.
    The BC
    standard
    for ULEVs is 0.04 g/mi, and the CO.standird is 1.7 g/mi.
    (These
    standards are about half of those from LEVs.)
    The
    BOx
    standard
    for ULEVS remains the same as for LEVa.
    Finally, the
    zero
    emission vehicle
    (ZEV)
    represents 2
    30
    of
    new vehicle
    production between 1998
    -
    2003.
    The ZEV
    is
    expected
    to be an
    electric car, which will not have any direct pollutant emissions.
    (P.C.!
    35;
    Ex.
    26B, Tab 5.)
    The percentage figures
    given for conventional vehicles,
    TLEVs, LEVs,
    and
    ULEVS
    are guidelines for
    the manufacturers
    to
    reach fleet average standards.
    Manufacturers
    are
    required to
    certify sufficient portions of their fleet to meet
    increasingly
    strict fleet average standards.
    Manufacturers may meet the fleet
    As used here, the term “vehicle” refers to passenger cars
    and
    light-duty trucks rated at
    6000
    pounds gross vehicle weight
    or less.
    0138-0375

    2
    average standard by certifying vehicles to any combination of
    conventional vehicle, TLEV, LEV, ULEV,
    and
    ZEV
    standards.
    However, the percentage requirements for ZEVs are mandatory,
    although manufacturers can
    meet
    these
    ZEV
    requirements
    with
    emission
    credits.
    (P.C.!
    35;
    Lx.
    26B,
    Tab 5.)
    I
    recognize
    that
    there
    are
    uncertainties
    associated
    with
    the
    California
    LEV
    program.
    However,
    I
    agree
    with
    the
    Chicago
    Lung
    ASsociation
    and
    the
    Sierra
    Club
    that
    these uncertainties
    do
    not
    justify
    inaction.
    Mobile
    sources
    account
    for
    a
    large
    percentage
    of
    volatile
    organic
    compounds
    (VOC)
    and nitrogen
    oxides
    (BOX),
    which
    are
    ozone
    precursors.
    It is apparent
    that
    in
    order
    to
    achieve
    attainment
    with
    the
    ozone
    standard,
    -
    there
    will
    have
    to
    be
    some
    regulation
    of
    mobile sources.
    I believe
    that the
    California
    LEV
    program
    will
    help
    achieve
    attainment
    while
    imposing
    a
    relatively
    minimal
    burden
    on
    consumers.
    The
    Illinois
    Environmental
    Protection
    Agency
    (Agency)
    estimates
    that
    implementing
    the
    LEV
    program
    in
    model year.(*~)
    -1996
    will
    result
    in
    VOC
    reductions
    in
    the
    Chicago
    area
    of 6000~*o
    aooo
    tons
    .~per
    year
    (TPY)
    ,
    -
    or
    sixteen
    to
    twenty-three
    tons. p.r
    day .(TPD) by the
    year
    201O.~
    -(Lx.
    45
    at xi, xiv, 7—37.)
    The
    ~
    progrsa’vould
    result in estimated Box
    reductions
    in the
    Chicago
    area-of
    7000
    to
    9700
    TPY,
    or
    twenty
    to
    twenty—six
    TPD by
    the year
    2010.
    (Lx. 45
    at
    11.)
    This
    is
    a
    reduction
    of
    about
    2
    for VOC
    -tram
    all
    sources
    in
    the
    Chicago
    area,
    and
    a 6—8
    reduction
    of
    mobile
    source
    VOCs.
    (Ex.
    45
    at
    xi,
    26.)
    Statewide, :tba
    Agency
    estimates
    that
    the
    LEV
    program
    wo~ild
    result in IOC
    reductions
    of
    11,000 to 16,000 TPY
    (thirty—one to
    forty—three TPD)1~.and
    BOx
    reductions of 13,000 to 19,000 TPY
    (thirty—seven
    to
    fifty—two
    TPD)
    by
    2010.
    (Lx.
    45
    at
    13,
    26.)
    While
    these
    are
    not
    huge
    reductions,
    in
    order
    to -reach
    attainment
    it
    will
    be
    necesiary
    to
    achieve
    all
    possible
    reductions.
    The
    Agency
    states that
    although
    the LEV program
    would
    not
    contribute
    to the
    required
    15
    reasonable
    further
    progress
    (RFP)
    reduction
    in
    1996,
    the
    standards
    may
    contribute
    to
    the
    required
    3
    additional
    RPP
    reduction
    in
    subsequent
    years.
    (Lx.
    45
    at
    xii,
    35.)
    In
    order.:
    to
    achieve
    these
    estimated
    reductions,
    the
    phase-in
    of
    the
    LEV
    program
    must
    begin,
    since
    the
    reductions
    are
    dependent
    upon
    fleet
    turn—over.
    I
    see
    no
    legitimate
    reason
    to
    delay this phase—in.
    I
    would
    also
    like
    to
    address
    several other
    concerns
    raised
    by
    participants
    and
    by
    other
    Board
    members.
    First,
    several
    participants
    argued
    that
    the
    California
    plan
    is
    not
    tailored
    to
    2
    This
    estia~te
    compares
    the
    California
    LEV
    program
    with
    the
    emission
    reductions
    achieved
    by
    the
    federal
    Tier
    I
    standards.
    Because
    the
    implementation
    of
    the federal Tier II
    standards
    in
    MY
    2004 is only a possibility,
    the
    Board
    cannot
    assume
    that
    only
    projected emission reductions
    from
    that
    Tier
    II
    program
    wi.
    actually occur.
    0138-0375

    3
    Illinois, and pointed especially to differences in climate.
    However,
    this
    argument assumes
    that
    the
    federal
    standards
    are in
    some
    way
    tailored
    to
    Illinois.
    That
    is
    not
    the
    case.
    If
    Illinois
    does
    not
    specifically
    adopt
    the
    California
    standards,
    we
    will
    continue
    to
    be
    governed
    by
    the
    federal
    standards.
    Those
    federal
    standards
    were
    not
    adopted
    with
    any
    consideration
    of
    Illinois’
    situation.
    Indeed,
    the
    federal
    standards
    which
    become
    effective
    with
    model
    year
    1994
    vehicles
    are
    basically
    the
    existing
    California
    “Tier
    I”
    standards.
    Apparently
    Congress
    believed
    that
    conditions
    in
    California,
    at
    least
    as they relate
    to
    air
    pollution,
    are
    sufficiently analogous to the
    rest
    of
    the
    country to justify adoption of California Tier I standards on a
    nationwide basis.
    The Board should continue this trend by
    adopting the California LEV
    program.
    Second,
    the
    majority,
    and
    several
    participants,
    have
    raised
    the
    concern
    that
    by
    adopting
    the California LEV program, Illinois
    would basically delegate rulemaking authority, in this area to
    California.
    This issue is a red
    herring.
    It is
    true that
    if
    California changes its
    LEV
    program
    in
    the
    future,
    Illinois
    (and
    any other state which -has adopted
    the
    LEV program) will have to
    decide
    whether
    to
    adopt
    those
    changes
    or to return to whatever
    -federal standards exist at that tins.
    However, Illinois.will
    have
    that
    choice,
    just
    as
    it
    has
    that
    choice-now.
    The
    mere
    adoption of the LEV program
    does
    not,
    in
    any
    way, change
    Illinois’
    options
    in
    this
    area.
    I
    must
    also
    point
    out
    that
    because
    the
    Clean
    Air
    Act
    prohibits
    states
    other
    than
    California
    from
    -
    adopting
    their
    own
    motor
    vehicle
    control
    program,
    by
    not
    adopting
    the
    California
    program,
    we
    are
    basically
    delegating
    rulemaking
    in
    this
    arena
    to
    the
    federal
    government.
    Third,
    there
    has
    been
    discussion
    of
    the
    potential
    “problems0
    raised
    by
    the
    LEV
    program’s
    requirement
    that
    a small number of
    electric
    vehicles
    be
    added
    to
    the
    fleet.
    I
    must
    point
    out
    that
    the
    Energy
    Policy
    Act
    of
    1992
    (H.R.
    776),recently
    passed
    by
    Congress,
    contains a number of incentives for electric vehicles.
    Among other things, the Energy Policy Act establishes a 10
    percent credit (capped at $4000 per vehicle) for qualified
    electric vehicles.
    A credit is particularly valuable,
    because
    a
    credit
    (as
    opposed
    to
    a
    deduction)
    saves
    100
    cents
    per
    dollar
    of
    tax
    paid.
    Incentives
    are
    being
    provided, so that I -have little
    doubt that the number
    of
    electric
    vehicles
    required by the LEV
    program will be available.
    Fourth,
    I note that the Illinois New Car and Truck Dealers
    Association (INC\TDA) has repeatedly stated its objection to this
    proposal, fearing that cross—border sales and dealer trades would
    be harmed.
    However, I believe that adoption of this program
    would actually help Illinois dealers, by ending sales by out—of—
    state dealers to Illinois residents.
    Because the rules would
    have allowed only vehicles certified under the LEV program to be
    registered in Illinois,
    Illinois residents would have to
    0138-0377

    4
    purchase
    new
    vehicles
    at
    Illinois dealerships, rather than in
    Indiana, Wisconsin, or any of the other states bordering
    Illinois.
    At
    least
    two
    other
    states,
    New
    York
    and
    Massachusetts,
    have
    already adopted the California
    LEV
    program,
    and a
    number
    of
    other
    states are moving towards adoption.
    I had hoped that Illinois
    would be in this
    vanguard.
    If Illinois, along with California,
    New York,
    and Massachusetts, adopted the LEV program, those
    states would account for a large percentage of vehicle sales, and
    perhaps a majority of those sales.
    Such
    a
    situation wou1~go far
    in
    allaying
    manufacturers’
    concerns about producing
    two different
    types
    of
    vehicles
    for
    different
    states.
    -
    Perhaps
    the
    federal
    certification procedure could then be changed
    so
    that
    “California
    cars” could be sold in “federal” states, and th~whole
    country
    could benefit from the reduced pollutants
    emitted
    under
    the
    LEV
    program.
    -
    I recognize that there are several uncertainties associated
    with the LEV program.
    However, I believe that. these
    uncertainties do not outweigh the value of the program in
    reducing air pollution and attaining compliance with the ozone
    standard.
    I see no good
    reason for
    further
    delay.
    -
    I would have
    continued with the rulemaking process so that the California LEV
    program could be adopted in Illinois.
    For these reasons, I dissent.
    qi
    Theodore
    Meyer
    ~bard
    Member
    I,
    Dorothy
    M.
    Gunn,
    Clerk
    of
    the
    Illinois Pollution Control
    Board, hereby certify that the .above dissenting opinion
    was
    filed on the
    j~2rJ~
    day of
    1993
    0138-0378
    Control
    Board

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