Docket A
Docket B

ILLINOIS POLLUTION CONTROL BOARD

April

 12, 1990

IN THE MATTER OF:

)

APPLICATION OF CALIFORNIA

)

 R89-l7(A)

&

(B)

MOTOR VEHICLE CONTROL PROGRAM

)

 (Rulemaking)

IN ILLINOIS

PROPOSED RULE.

 FIRST NOTICE.

OPINION AND ORDER OF THE BOARD

 (by J. Theodore Meyer):

This matter is before the Board on its own motion.

 On October

18,

 1989,

 the Board opened

 this docket to

 gather information

on

whether Illinois should adopt the California motor vehicle control

program.

 An inquiry hearing was held on December 12, 1989,

 and the

Board

 accepted

 written

 public

 comments

 until

 January

5,

 1990.

Today

the

 Board

 proposes,

for

 First

 Notice,

 that

 part

of

the

California program be adopted in Illinois, to begin with 1993 model

year vehicles.

Although much progress has been made in reducing air pollution

in the past twenty years,

it

 is obvious that more reductions

are

necessary

in

 order

to

 attain

 compliance

 with

the

 health—based

federal air quality standards.

 The Board

 has acted upon all of the

reasonably available control technology

 (PACT)

 rules for industry

proposed by the Illinois Environmental Protection Agency

 (Agency),

and is presently considering

 (in docket P89—16) revisions to those

PACT rules.

 Those. revisions are intended to

 remedy deficiencies

identified

by

 the United

 States

 Environmental Protection

 Agency

(USEPA).

 It is clear, however, that some new control measures must

be

 imposed upon mobile

 sources,

 such

 as motor vehicles.

 Mobile

sources are the largest

 source of carbon monoxide

 (CO)

 emissions

and

of

 hydrocarbon

 (HC)

 emissions

and

a

 significant

 source

of

nitrogen

 oxide

 (NOx)

 emissions,

all

of

 which

 contribute

to

the

formation

 of ozone.

 The Board has taken the first

 step in that

direction

by

 requiring

new

 reductions

in

the

 volatility

of

gasoline.

 See Limits to

 the Volatility

 of Gasoline,

 R88—30(A),

February

15,

 1990.

 Another strategy to

 ~urther

 reduce emissions

 from motor vehicles might be to adopt the California motor vehicle

control program in Illinois.

110—153

2

Background

California has historically had stricter emission controls for

mobile sources than the rest

 of the country.

 The other

 49 states

are all subject to the same federal standard;

 in fact,

 the Clean

Air Act

 (CAA)

 preempts the states from setting emission standards

for new motor vehicles.

42

 USC 7543(a).

The

CAA

also allows

a

waiver of that preemption for California’s motor vehicle emissions

standards, however, and allows other states to adopt the identical

California

 standards.

 42 USC 7507 and 7543(b).

 In other words,

a state may choose between the federal standards and the California

standards:

no

 state

can

 adopt

 a third

 standard.

The

 test

in

deciding whether adoption of a proposed new standard complies with

the

CAA

is

 whether

 auto

 manufacturers

 would

be

 burdened with

additional hardware requirements beyond the federal and California

standards,

 i.e.

 whether

a

 third

 vehicle

 would

 have

to

be

manufactured

 in order to comply with the proposed standard.

The

eight states which belong to the Northeast States for Coordinated

Air Use Management

 (NESCAUM) have announced that they will seek to

have the California

 standards

 adopted

by

 their states,1 and the

individual

 NESCAUN

 states

 are proceeding

 through

 that

 adoption

process.

No

 state

 other

 than

 California

has

 actually adopted

California’s emissions standards to date.

In

 early

 1989 NESCAUM

 commissioned

 Sierra Research

 Inc.

to

assist in an analysis of the feasibility, the air quality benefits,

and the costs

of

 adopting the California

 motor

 vehicle

 control

program

in

the

 northeast

 states.

The

 report

 issued

by

 Sierra

concludes that the northeast could reduce motor vehicle emissions

of HC by

16,

 NOx by 27,

 and CO by 39

 by the year 2010, when the

current generation of vehicles controlled at the federal standards

is

 replaced by lower emitting vehicles.

 The Sierra report found

that the cost of these reductions would be about $150 per vehicle,

or about $600 per ton

of

 1-IC and NOx removed.

 (Ex.

 2A..)

 A graph

prepared

 for the American Lung Association shows that reductions

in Illinois for mobile sources could be approximately 27

 for HC,

25

 for CO, and 39

 for NOx.

 (Ex.

3.)

Because

 of the requirements

of

the

CAA

discussed above,

any

adoption by Illinois of the California standards would have to be

made identical to the California standards which are in effect at

the time of adoption.

 The current federal and the 1993 California

 The eight states which belong to NESCAUN are Connecticut,

Maine, Massachusetts,

 New Hampshire,

 New Jersey,

 New York,

 Rhode

Island,

 and Vermont.

154

3

standards2 are summarized below:

HC

CO

NOx

Federal

 0.41 T*

3.4

1.0

California

 0.25 N**

3.4

0.4

(1993)

*T means total hydrocarbons.

**N means non-methane hydrocarbons only.

The California program also includes other provisions relating to

production

 line

 testing,

 certification

of

 conformity,

nonconformance penalties,

 tampering,

 useful

 life,

 inspection and

 maintenance testing, on-board diagnostics,

 and recall.

INQUIRY HEARING AND PUBLIC COMMENT

The Board held an inquiry hearing in this docket

 in Chicago

on December 12, 1989.

 Testimony was received from representatives

of

 the Motor Vehicle Manufacturers Association

 (MVMA),

 Navistar

International Transportation

 Corporation,

 Caterpillar,

 Inc.,

the

Engine

 Manufacturers

 Association

 (EMA),

and

the

 Chicago

 Lung

Association

 (CLA).

 Two private citizens and a representative of

a state legislator also presented testimony.

 Nine written public

comments were also received.

 The testimony and comments ranged

from almost unqualified

 support

 for the

 adoption

of

 California

standards to concern about the effect of the California standards

for heavy-duty

 engines

to

 suggestions

 that

 the Board

 defer

any

action

to

 allow

the

 United

 States

 Congress

to

act

on

the

possibility

of

 adopting

the

 California

 standards

as

 federal

standards.

 The Board has reviewed and considered all testimony

and comments in deciding to proceed with this proposal.

THE PROPOSED REGULATIONS

The Board today proposes,

 for First,Notice, adoption of parts

2 The Board proposes that the California

 standards

go

 into

effect

in

 Illinois

for

the

1993

 model—year

 vehicles,

in

 part

because the

CAA

requires the states to adopt standards at least two

years before those standards are effective.

 42 USC 7507.

The Board notes that

 the United States Senate has passed,

and

the

 United

 States

 House

of

 Representatives

is

 currently

considering

 amendments to the Clean Air Act.

 Among the provisions

of those amendments

 are various proposals to adopt the California

standards as nationwide requirements.

 However, pending any final

action

on

 those

 amendments

the

 Board will

 proceed

 with

 this

proposal.

110—155

4

of the California

 motor vehicle

 control

 program.

 The proposed

rules do not include adoption of the California program for heavy-

duty vehicles,

 but do include

 the standards

 for passenger cars,

light-duty

 trucks,

and

 medium-duty

 vehicles.

The

 proposed

regulations cover testing, certification procedures,

 importation,

tailpipe and evaporative emission standards for 1993 and subsequent

model year motor vehicles, motor vehicle engines, and aftermarket

parts.

 The bulk of the regulations proposed by the Board have been

adapted from the rules proposed by the State of New York Department

of Environmental Conservation.

 (Ex.

 10.)

 The rules are proposed

as

 a new Part 241 to Title

 35 of the Illinois Administrative Code.

The Board

 invites comment on any additional

 changes which should

be made to make the New York proposal conform with Illinois

 law.

The Board today creates two dockets within docket R89—17, and

adopts regulations in both subdockets for First Notice.

 Docket A

contains

the

 regulatory

 program

 discussed

 above.

 The emission

standards established

 in this proceeding are phased in over three

model

 years.

 Specifically,

 Docket A requires that forty percent

(40)

 of the

1993

 model year vehicles sold

in

 Illinois meet the

“California”

 standards.

 Eighty percent

 (80)

of

the

 1994 model

year vehicles must meet the California

 standard,

 and one hundred

percent

 (100)

of

1995

and

 subsequent model

 year

 vehicles must

attain that stricter standard.

 In contrast, Docket B proposes that

all vehicles

 sold or

 registered

in

 Illinois,

 beginning with the

1993 model year,

 attain the stricter standard.

 There would be no

phase—in of the requirements.

 Please note that Docket B contains

only the Appendix A table which sets forth the emission standards.

All

 other

 provisions

of

 this regulatory

 scheme

are

 included

in

Docket

A.

In

 essence,

the

 table

 proposed

in

 Docket

B

is

an

alternative to the table proposed in Docket

A.

Docket A

Subpart

A

is

 entitled

 “Applicability

and

 Definitions1’.

Section 241.100 “Applicability”

 states that the rules of this Part

apply to all 1993 and subsequent model years motor vehicles,

 motor

vehicle

 engines,

and

air

 contaminant

 emission

 control

 systems

offered for sale or sold

 for registration

in

 Illinois.

 Section

241.101

 contains definitions

of

 the terms used

 in proposed Part

 241.

 Section 241.102 is a severability clause, and Section 241.103

contains incorporations

 by reference.

 Finally,

 Section

 241.104

states that determinations made by the Agency pursuant to this Part

are appealable to the Board pursuant to Sections 5(d) and 40 of the

Act.

Proposed Subpart B: Certification of Conformity

 prohibits any

person,

 including but not limited to, dealers registered under the

Illinois Vehicle Code

 (Ill.Rev.Stat.

 1987,

ch.

95

 1/2,

 pars.

 5—

101 and

 5—102)

 from selling

 any new or used motor vehicle which

does

 not conform

to

the

 requirements

of

 this

 Part.

The

 only

exception

to

 that

 prohibition

is

for

 vehicles

 sold

to

 another

I

10—156

5

dealer,

 sold for the purpose of being wrecked or dismantled,

 sold

exclusively for off—highway use,

 or sold for registration out of

state.

A

 seller

 must

 furnish

the

 purchaser

 with

a

 valid

certificate of conformity prior to or at the time of sale.

Subpart

C

is

 entitled

 “Importation”

and

 establishes

requirements

for

 importing

 vehicles

 into

 Illinois.

 Sections

241.140

 through

 241.142

are

 prohibitions

 against

the

 use,

possession,

 or sale of foreign or domestic vehicles which are not

certified for use in Illinois.

 Section 241.140 also provides for

limited exceptions

to

 allow for bonafide moves

 to Illinois

 from

other

 states,

 replacement

of

 vehicles

 damaged,

 inoperative,

or

stolen

 while

an

 Illinois

 resident was

out

of

 state,

 vehicles

transferred by inheritance, or vehicles transferred by a decree of

divorce,

 dissolution,

or

 legal

 separation entered

by

 a court

of

competent jurisdiction.

 Subsection

 (b) also contains an exception

for

 vehicles which

are

 owned

by

a

 rental

 vehicle

 company

and

registered out of

 state,

 if that vehicle

 is operated in Illinois

only on a temporary basis.

 The section also contains an exception

for any vehicle sold after the effective date

 of these rules

if

that

 vehicle was registered

 in Illinois before the rules became

effective.

Subpart

D:

 Testing

 classifies

 motor

 vehicle

 engines

and

establishes the assembly—line test procedures which are required

before

 a vehicle may be certified and sold

 in Illinois.

 Section

241.162

 “Prohibitions”

 prohibits the sale

 of any new vehicle

if

the

 manufacturer

has

 failed

to

 obtain

a

 valid

 certificate

of

conformity

for

the

 engine

 family,

or

has

 violated

 emission

standards

or

 test procedures

 and has failed to

 take

 corrective

action specified by the Agency.

 Sections 241.164 and 241.165 set

forth the certification and assembly—line test procedures for 1993

and subsequent model year motor vehicles and motor vehicle engines.

Proposed Subpart E is called “Inspection and Compliance” and

establishes the reporting procedures for emissions—related defects

for vehicles certified for sale

in

 Illinois.

 The Board has not

proposed

 rules

 which

 would

 establish

a

 separate

 Illinois

comprehensive assembly

 line

 testing

 program.

 Manufacturers

are

required to test vehicles manufactured for sale in Illinois and to

certify

 that those vehicles meet the emission standards

 of this

proposed

 Part.4

 The manufacturer must maintain

the

 results

of

actual

 testing

and

 furnish

 those

 results

 to the Agency

at

the

Agency’s request.

Subpart F will be proposed at

 a later date,

 and will contain

The Board

 notes that if New York adopts rules as currently

proposed in that state, New York will also conduct assembly line

testing,

in

 addition to the testing currently

 conducted

by

the

federal government and by California.

110—— 157

6

warranty and recall provisions.

Subpart

G

is

 entitled

 “Surveillance

and

 Standards1’.

Sections

 241.220

and

 241.221

set

 forth

the

 standards

and

requirements which dealers must meet before selling a new or used

motor

 vehicle.

 The requirements

 include

 adjusting

 idle

 speed,

timing,

 and idle mixture,

 as well

 as ensuring that the required

 exhaust and evaporative emission controls are operating properly.

Proposed Section 241.223 requires mandatory inspection of exhaust

systems for all vehicles in areas

 of the state which are subject

to

 inspection

 pursuant

to

 the Vehicle

 Emissions

 Inspection

Law

(Ill.Rev.Stat.

 1987, ch.

 95 1/2, pars. l3A—lol et. seq)

 The Board

realizes that California

 (and the proposed New York rules) require

inspection throughout the state, but believes that in Illinois only

those

 areas

 currently

 subject

to

 inspection

 programs

may

be

included

 in any inspection program.

Proposed Section 241.224

 and Appendix A,

 Table

I

 set forth

vehicle

 emission

 standards

 based

on

the

 California

 emission

standards.

 The standards allow manufacturers to phase-in to the

more

 stringent standards.

 Sections

 241.229

 and 241.230

 require

onboard diagnostic systems

 for motor vehicles to aid consumers

in

knowing

 when

the

 emission

 control

 system

is

not

 functioning

properly.

 The onboard diagnostic system will signal that repairs

are necessary.

 Other provisions

of

 proposed Subpart

G

 include:

1)

 a requirement that manufacturers label vehicles to show that the

vehicle was made for sale in Illinois

 (Section 241.228);

2)

 test

procedures

and

 standards

to

 control

 fuel evaporative

 emissions

(Section 241.231)

and

3)

 a provision prohibiting any person from

operating

or

 leaving

 standing upon

 any highway

a

 motor

 vehicle

which

 is not in compliance with the exhaust emission standards and

regulations

 (Section 241.233).

Proposed

 Subpart

H

is

 entitled

 “Used

 Motor

 Vehicles

and

Aftermarket Part Accreditation of Air Contaminant Emission Control

Systems”.

 This

 Subpart

 sets

 forth

the

 requirements

and

 test

procedures

 for certification of aftermarket replacement parts for

air

 contaminant

 emission

 control

 systems.

The

 Subpart

 also

prohibits the advertisement of any device which modifies a required

air

 contaminant

 emissions

 control

 system unless that device

has

been

 exempted

 from

the

 regulations,

and

 prohibits

the

 sale,

installation, or use of an aftermarket part which does not meet the

standards.

 Finally,

 Section 241.258

 “Remedy”

 requires a

 retail

seller who sells

or

 installs an air contaminant emission control

system which

 does not meet the standards

 of this Part to either

install a system which complies with the regulations or reimburse

the purchaser for the expense of

 replacement and installation

of

a complying system,

 at the purchaser’s election.

Subpart

 I: Specification for Fill Pipes and Openings of

Motor

Vehicle Fuel Tanks sets forth the requirements and specifications

for fill pipes and openings of motor vehicle fuel tanks.

II~—li~

7

Docket B

As

 stated

 above,

 Docket

 B contains only

an

 alternative

to

Appendix

A,

 Table

I

as

 proposed

in

 Docket

A.

 This

 Docket

B

alternative would require one hundred percent

 (100)

 of 1993 and

subsequent model year vehicles sold or registered

 in Illinois to

attain the stricter emission standards.

 The Board notes that the

United States Senate recently adopted amendments to the Clean Air

Act

(S.

 1630)

 which

 adopt the California

 emission standards

as

federal requirements.

 This bill apparently uses the same “phase-

in” period for implementing the stricter standards

 as is proposed

in Docket A.

 If the California standards are indeed adopted on

a

nationwide

 basis,

 and do

 include the phase-in period,

 the Board

will consider proceeding with Docket B instead of Docket A.

The

 Board

 recognizes

 that

 requiring

all

 cars

 sold

or

registered

 in Illinois to immediately meet the stricter standards

may

 initially

 appear

to

be

 impermissibly

 stricter

 than

the

California program.

 The Board notes,

 however, that the Docket B

proposal

 would

 not require

 manufacturers to manufacture

 a third

vehicle in order to meet the requirement, and thus does not appear

to violate the Clean Air Act.5

 The proposal would merely require

manufacturers

to

 provide

 Illinois

 only with

 cars that

 meet

the

stricter standard, and does not significantly change the nationwide

percentage

 of cars which must be manufactured

 to those

 stricter

standards.

ECONOMIC IMPACT STUDY DETEPNINATION AND

 FURTHER PROCEEDINGS

Pursuant to Section 27(a)

 of the Environmental Protection Act

(Ill.Rev.Stat.

 1987,

ch.

ill

 1/2,

 par.

 1027(a)),

 the Board

 will

accept comments from any person that the Board determine that an

economic impact study (EcIS) should or should not be prepared until

May

3,

 1990,

 which

 is 21 days after the date of this Order.

The

Board and the hearing officer will delay any decision on further

hearings until after the Board makes

 its EcIS determination.

ORDER

The

 Board

 hereby directs

the

 Clerk

of

the

 Board

to

 cause

publication

 in the Illinois Register of the First Notice of the

following proposed regulations.

For

 example,

if

a

 state

 adopted

 the California

 emission

standards but not the onboard diagnostic requirements, the actual

vehicle manufactured

 in response to those rules would constitute

a third vehicle.

110—159

8

Docket

PART 241

EMISSION STANDARDS FOR MOTOR VEHICLE

AND

MOTOR VEHICLE ENGINES

SUBPART A:

 APPLICABILITY

AND

DEFINITIONS

Section

241.100

241.101

241. 102

241.103

241.104

241.120

Applicability

Definitions

Severability

Incorporations By Reference

Appeal of Agency Determinations

SUBPART

B:

 CERTIFICATION OF CONFORMITY

Prohibitions

SUBPART

C:

 IMPORTATION

Prohibition Against Use

Prohibition Against Possession

Prohibition Against Sale

Special Test Procedures for New Modifier

Certified Motor Vehicles

Definitions

Special Test Procedures for Used Modifier

Motor Vehicles

Classification

Plans Submitted

Prohibitions

SUBPART D:

 TESTING

Material Similarity

Certification for 1993 and Subsequent Model Year

Vehicles

241.165

 Assembly-line Test

 Procedures

for

1993

and

 Subsequent

Model Years

SUBPART

E:

 INSPECTION AND COMPLIANCE

Section

241. 180

In-use

 Vehicle

 Emissions-Related

 Defects

 Reporting

Procedures

SUBPART G:

 SURVEILLANCE

 & STANDARDS

Section

241.140

241.141

241.142

241. 143

241. 144

245. 145

Section

245.160

245.161

241.162

241.163

241.164

110—160

Section

241.220

241. 221

241.222

241.223

241.224

241.225

241.226

241.227

241.228

241.229

241.230

241.231

241.232

241.233

New Motor Vehicle Dealer Surveillance

Surveillance of Used Cars at Dealerships

Reimbursement of Costs

 (Reserved)

Mandatory Inspection Exhaust Emissions-Light Duty

and Medium-Duty Vehicles

Emission Standards

Test Procedures

Small Volume Manufacturer

Optional Nitrogen Oxide Standards

Emission Control Labels

 1993 and Subsequent Model Year

Motor Vehicles

Malfunction and Diagnostic Systems

—

 1993 and Subsequent

Model Year

Malfunction and Diagnostic Systems

—

 1994 and Subsequent

Model Year

Fuel Evaporative Emissions

Ringlemann Chart

Prohibitions

SUBPART H:

 USED MOTOR VEHICLES AND AFTERNARKET PARTS

ACCREDITATION OF AIR CONTAMINANT EMISSION CONTROL SYSTEMS

Applicability

Requirements

Replacement Parts

Advertisement and Sale

Surveillance

Corrective Action

Business Prohibitions

Remedy

Prohibition

SUBPART I:

 SPECIFICATION FOR FILL PIPES AND OPENINGS OF

 MOTOR VEHICLE FUEL TANKS

Section

241.270

 Requirements

PART 241

EMISSION STANDARDS FOR MOTOR VEHICLES

AND MOTOR VEHICLE ENGINES

Prohibition

Section

241.250

241. 251

241.252

241.253

241.254

241.255

241.256

241.257

241.258

241.259

110—161

10

SUBPART

A:

 APPLICABILITY

 & DEFINITIONS

Section 241.100

 Applicability

a)

 This Part shall apply to all 1993 and subsequent model-

year

 motor

 vehicles;

 motor

 vehicle

 engines,

and

air

contaminant emission control

 systems offered for sale,

or sold,

 for registration in this state.

b)

 The provisions of this Part apply to motor vehicles of

the

 United

 States

or

its

 agencies,

to

the

 extent

authorized by federal

 law.

Section 241.101

 Definitions

The following definitions shall govern the provisions of this

Part:

“Act” means the Environmental Protection Act

 (Ill.

 Rev.

Stat.

 1987,

 ch. lll~,par.

 1001 et seq.)

“Add-on—part” means any aftermarket part which

 is not a

modified part or

 a replacement part.

“Aftermarket part” means any part of an air contaminant

emission

 control

 system

 sold

for

 installation

on

a

vehicle after the original retail sale of the vehicle.

“Agency”

 means

the

 Illinois

 Environmental

 Protection

Agency.

“Air contaminant emission control system” means equipment

designed

 for installation on a motor vehicle

 or motor

vehicle

 engine

for

the

 purpose

of

 reducing

the

air

contaminants

 emitted

 from

the

 motor

 vehicle

or

 motor

vehicle engine,

 or a system or engine modification on a

motor

 vehicle

 or motor

 vehicle

 engine

 which

 causes

a

reduction

of

 air contaminants

 emitted

 from

the

 motor

vehicle

or

 motor

 vehicle

 engine,

 including

but

not

limited

to

 exhaust

 control

 systems,

 fuel

 evaporation

control systems and crankcase ventilating systems.

“Certification”

 means

a

 finding

by

 the Agency

 that

a

 motor vehicle, motor vehicle engine,

 or air contaminant

emission

 control

 system

has

 satisfied

the

 criteria

established in this Part for the control of specified air

contaminants from motor vehicles.

“Certificate

 of conformity”

 means

 a document

 issued by

the Agency certifying an engine

 family for sale

 in the

State of Illinois.

111——162

11

“Certified

 device”

 means

an

air

 contaminant

 emission

control system with

 a certification.

“Consolidated part”

 means

 a part which

 is designed to

replace a group of original equipment parts.

“Director”

 means

the

 Director

of

the

 Illinois

Environmental Protection Agency.

“Emissions—related—part” means any automotive part which

affects any regulated emissions from a motor vehicle or

motor vehicle engine which

 is subject to Illinois state

or

 federal

 emission

 standards.

 This

 includes,

at

a

minimum,

 those

 parts

 specified

in

the

 California

“Emission-Related Part Lists,”

 (see Section 241.103)

“Emission standards” means specified limitations on the

 discharge of air contaminants into the atmosphere.

“Engine family” means the basic classification unit

of

a manufacturer’s product

 line used

 for the purpose

of

test fleet selection and in accordance with regulations

promulgated by the department.

“Fuel evaporative

 loss emissions” means

 vaporized fuel

emitted into the atmosphere

 from the fuel system

of

a

motor vehicle.

“Fuel

 system” means the combination of

 fuel tank,

 fuel

lines and carburetor, or fuel injector, and includes all

vents

 and fuel evaporative emission control

 systems

or

devices.

“Gaseous

 fuels”

 means

any

 liquefied

 petroleum

 gas,

liquefied natural gas,

 compressed natural gas fuels,

or

hydrogen fuels for use

 in motor vehicles.

“Identical device” means

 a crankcase or air contaminant

emission

 control

 system

or

 device

 identical

in

all

respects,

 including

 design,

 materials,

 manufacture,

installation and operation, with a device which has been

certified by the Agency, but which

 is manufactured by a

person

 other

 than

the

 original

 manufacturer

of

the

device.

“Inspection and maintenance certificate” means a document

issued by the Agency certifying that a vehicle ha.s passed

the inspection and maintenance program.

 In areas of the

state

 where

a

 federally

 approved

 inspection

and

maintenance program has not been adopted, the inspection

shall consist of the present

 vehicle inspection required

110— 163

12

for that area.

“Light-duty truck” means any motor vehicle, rated at 6000

pounds gross vehicle weight or

 less,

 which

 is designed

primarily for purposes of transportation of property or

is a derivative of such a vehicle,

 or is available with

special

 features

 enabling

 off-street

or

 off-highway

operation and use.

“Medium—duty vehicle” means any motor vehicle having a

manufacturer’s gross vehicle weight rating of 8500 pounds

or less.

“Model year” means the manufacturer’s annual production

period which

 includes January

 1 of

 a calendar year or,

if the manufacturer has not annual production period, the

calendar

 year.

In

the

 case

of

any

 motor

 vehicle

manufactured

in

two

or

 more

 stages,

the

 time

of

manufacture

 shall

be

the

 date

of

 completion

of

the

chassis.

“Modified part” means any aftermarket part intended to

replace an original equipment emissions—related part and

which

is

not

 functionally

 identical

to

the

 original

equipment part

 in all respects which

 in any way affect

emissions,

 excluding a consolidated part.

“Motor vehicle”

 is a vehicle which is self—propelled.

“New motor vehicle” means

 a motor vehicle, the equitable

or legal title to which has never been transferred to the

ultimate purchaser.

“New motor vehicle engine” means a new engine in

 a motor

vehicle.

“Passenger

 car”

 means

any

 motor

 vehicle

 designed

capability

 for transportation

of

 persons

 and having

a

design capacity of twelve persons or less.

“Replacement

 part” means any aftermarket part

 intended

to replace an original equipment emissions—related part

and

 which

is

 functionally

 identical

to

the

 original

equipment part

 in all respects which

 in any way affect

emissions (including durability), or a consolidated part.

“Sale” means the transfer

 of. title to a motor vehicle or

motor

 vehicle

 engine

to

the

 ultimate

or

 subsequent

purchaser,

 or the lease or rental of

 a new motor vehicle

to

 a person.

“Subgroup” means a set of motor vehicles within an engine

110—164

13

family distinguishable

 by characteristics

 contained

in

the manufacturer’s application for certification.

“Ultimate purchaser” means, with respect to any new motor

vehicle or new motor vehicle engine, the first person who

in good faith purchases a new motor vehicle or new motor

vehicle engine for purposes other than resale.

“Used motor vehicle” means any motor vehicle which is not

a new motor vehicle.

“Useful

 life” means a period of use to be determined by

the Agency consistent with section one hundred seventy-

seven of the Clean Air Act

 (42 U.S.C. §7507).

“Vehicle” means a device by which any person or property

may

be

 propelled,

 moved,

or

 drawn

 upon

a

 highway,

excepting a device moved exclusively by human power or

used exclusively upon stationary rails or tracks.

Section 241.102

 Severability

Each Section

 of this Part

 shall

 be deemed sGverable,

and

 in the

event that

 any Section

 of this

 Part

is

 held to be

 invalid,

the

remainder of this Part shall continue in full force and effect.

Section 241.103

 Incorporations By Reference

The

 following

 materials

are

 incorporated

by

 reference.

 These

incorporations do not include any later amendments

 or editions.

a)

 California Emissions Related Parts List (May

19,

 1981).

b)

 40 CFR Part

86.

c)

 California Certification and Compliance Test Procedures

for New Modifier Certified Motor Vehicles

 (February

3,

1986)

d)

 California

 Certification Procedures for 1975 and Later

Model—Year

 Used

 Modifier—Certified

 Motor

 Vehicles

(January 8,

 1988).

e)

 California Exhaust Emission Standards and Test Procedures

for 1988 and Subsequent Model Passenger Cars, Light-Duty

Trucks, and Medium-Duty Vehicles

 (May 20,

 1987).

f)

 California

 Assembly—line Test Procedures

for

1983

and

Subsequent Model-Year Passenger Cars, Light-Duty Trucks

and Medium-Duty Vehicles

 (August 21,

 1984).

110—165

14

g)

 California New Vehicle Compliance Test

 Procedures

 (May

9,

 1979).

h)

 California

 Vehicle Emissions-Related

 Defects

 Reporting

Procedures for 1978 and Subsequent Model—Year Passenger

Cars, Light-Duty Trucks, Medium and Heavy-Duty Vehicles,

and Motorcycles

 (April 25,

 1986).

1)

 California

 Motor

 Vehicle

 Emission

 Control

 Label

Specifications

 (July

21,

 1988).

 Malfunction and Diagnostic System Requirements

 1994 and

subsequent Model-Year Passenger Cars, Light-Duty Trucks,

and

 Medium-Duty

 Vehicles

 with

 Feedback

 Fuel

 Control

Systems

 (September

14,

 1989).

k)

 California

 Evaporative

 Emission

 Standards

and

 Test

Procedures

for

1978

and

 Subsequent

 Model

 Liquefied

Petroleum

Gas

—

or

 Gasoline—Powered

 Motor

 Vehicles

(October 30,

 1985)

1)

 Criteria

for

 Evaluation

of

 Add—on

 Parts

 and Modified

Parts

 (May 19,

 1981).

m)

 Specifications

for

 Fill

 Pipes

and

 Openings

of

 Motor

Vehicles Fuel Tanks

 (December

7,

 1982).

Section 241.104

 Appeals of Agency Determination

All determinations made by the Director or the Agency, pursuant to

this

 Part,

may

be

 appealed

 to the Board within

35

 days

of

the

challenged determination, pursuant to Section 40 of the Act and 35

Ill.Adm.Code

 105.

SUBPART B:

 CERTIFICATION OF CONFORMITY

Section 241.120

 Prohibitions

a)

 No dealer,

or

 person registered

as

 a dealer under the

Illinois Vehicle

 Code

 (Ill.

 Rev.

 Stat.

 1987,

 ch. 95~,

pars.

 5-101 and

 5—102)

 shall sell

a

1993

 or subsequent

model

 year,

 new or used motor vehicle which

is

not

in

compliance with the Act and this Part, unless the vehicle

is sold to another dealer,

 sold for the purpose of being

wrecked or dismantled,

 sold exclusively for off-highway

use,

 or sold for registration and use out of state.

b)

 No person shall sell,

 offer or deliver for sale,

 to the

ultimate purchaser or to any subsequent purchaser a 1993

or subsequent model year new or used motor vehicle for

registration

 in this state,

 which

 is not

 in compliance

with the rules and regulations

as

 adopted

 in this Part

I 10—166

15

or any other

 applicabl.e state or

 federal rules

 (40 CFR

86)

 on emission control standards and emission control

systems and devices.

c)

 Prior to or at the time of delivery for sale, the seller

shall provide the purchaser a certificate of conformity

with this Part.

SUBPART C:

 IMPORTATION

Section 241.140

 Prohibition Against Use

a)

No

 person

who

is

a

 resident

of

or

who

 operates

an

established place

of

 business within this

 state

 shall

import,

 deliver,

 purchase,

 rent,

 lease,

 acquire,

or

receive

a

1993

or

 subsequent

 model

 year

new

 motor

vehicle, new motor vehicle engine, or motor vehicle with

a

 new motor

 vehicle

 engine

for

 use,

 registration,

or

resale in this state unless such motor vehicle engine or

motor vehicle has been certified pursuant to this Part.

b)

 This

 Part

 does

 not apply

to

 a vehicle

 acquired

by

a

resident of this

 state for the purpose

 of replacing

a

vehicle registered to such resident which was damaged or

became inoperative beyond reasonable repair or was stolen

while out of this state; provided that such replacement

vehicle

is

 acquired

out

of

 state

at

the

 time

the

previously owned vehicle was either damaged

or

 became

inoperative or was stolen.

 This Part shall not apply to

a vehicle transferred by inheritance,

 or by a decree of

divorce,

 dissolution,

or

 legal separation entered

by

a

court of competent jurisdiction,

 or to any vehicle sold

after the effective date of this Part if the vehicle was

registered

in

 this

 state

 before

 such

 effective

 date.

This Part does not apply to vehicles owned by a rental

vehicle company and registered in another state,

 if such

vehicle

is

 operated

in

 Illinois

on

 a temporary

 basis.

“Temporary basis” means a period of 21 days or less.

c)

 This Part does

 not apply to any motor vehicle having

a

certificate

 of conformity

 issued pursuant to the Clean

Air

Act

(42

 U.S.C.

 §7401

et

 seq.)

and

 originally

registered in another state by a resident of that state

who subsequently establishes residence

 in Illinois.

d)

 “Established place of business”, as used in this Section,

means

 a place actually occupied either continuously

or

at regular periods.

110—167

16

Section 241.141

 Prohibition Against Possession

No person who

 is engaged

 in this state in the business of selling

to an ultimate purchaser,

 or renting or leasing new motor vehicles

or

 new motor

 vehicle

 engines

 (including,

but

not

 limited

to,

manufacturers, distributors, and dealers),

 shall import,

 deliver,

purchase,

 receive,

 or otherwise acquire

 a new motor vehicle,

new

motor vehicle engine,

 or vehicle with a new motor vehicle engine

which

is

 intended

 for use primarily

in

 this

 state,

 for sale

or

resale

to

an

 ultimate purchaser

who

is

 a resident

of

or

 doing

business

 in this state, or for registration,

 leasing or rental

in

this state, which has not been certified.

Section 241.142

 Prohibition Against Sale

No person who

 is engaged in this state

 in the business of selling

to an ultimate purchaser or renting or leasing new motor vehicles

or

new

 motor

 vehicle

 engines

 (including

but

not

 limited

to,

manufacturers, distributors, and dealers),

 shall sell,

 or offer to

sell,

to

an

 ultimate purchaser

who

is

a

 resident

of

or

 doing

business in this state,

or

 lease,

 offer to lease,

 rent,

 or offer

to

 rent,

in

 this

 state

a

 new motor

 vehicle,

 new motor

 vehicle

engine,

or

 vehicle

 with

a

 new motor

 vehicle

 engine,

 which

is

intended primarily for use or for registration in this state,

and

which has not been certified.

Section 241.143

 Special Test Procedures for New Modifier

Certified Motor Vehicles

New modifier

 motor vehicles shall be certified in accordance with

“California Certification and Compliance Test Procedures

 for New

Modifier

 Certified

 Motor Vehicles”

 (See

 Section

 241.103).

The

results of testing performed by the manufacturer pursuant to this

Section shall be maintained

 by the manufacturer

 and furnished

to

the Agency at the Agency’s request.

Section 241.144

 Definitions

a)

 For purposes of this Subpart:

1)

 “Direct

 import

 used

 vehicle”

 means

a

1993

or

subsequent model-year light-duty motor vehicle not

originally intended by the manufacturer for sale in

the United States which

is

 at. least two years old

and was not certified .by the Agency.

2)

 “New direct

 import vehicle”

 means

any

 light-duty

motor

 vehicle

 manufactured

 outside

of

 the United

States and not intended by the manufacturer for sale

in the United States which

 is less than two years

11 0—1 6S

17

old and was not certified

 by the Agency.

b)

 For purposes of this Subpart, it is conclusively presumed

that:

1)

 the equitable or legal title to any motor vehicle

with an odometer reading of 7,500 miles or more has

been transferred to an ultimate purchaser,

 except

as

 provided

in

 subdivision

 (c),

and

 that

the

equitable or legal title to any motor vehicle with

an odometer reading of less than 7,500 miles has not

been transferred to an ultimate purchaser.

2)

 The equitable

or

 legal

 title

to

any

 new direct

import vehicle which is less than two years old, has

not been transferred

 to an ultimate purchaser and

that the equitable or legal title to any new direct

import vehicle, which is at least two years old, has

been transferred to an ultimate purchaser.

c)

 For purposes of this Section, the age of a motor vehicle

shall be determined by the following,

 in descending order

of preference.

1)

 From

the

 first calendar day of the model year

as

indicated in the vehicle identification number.

2)

 From the last calendar day of the month the vehicle

was delivered

 by the manufacturer

 as shown

 on the

foreign title document.

3)

 From January

1

 of the same

 calendar year

as

the

model year shown on the foreign title document.

4)

 From the last calendar day. of the month, the foreign

title document was issued.

Section 245.145

 Special Test Procedures for Used Modifier

Motor Vehicles

Used modifier motor vehicles shall be certified in accordance with

“California Certification Procedures for 1975 and Later Model—Year

 Used Modifier-Certified Motor Vehicles” (see Section 241.103).

The

results

of

 testing performed

 pursuant

to

 this

 Section

 shall

be

maintained by the person who caused the testing and furnished to

the Agency at the Agency’s request.

110—169

18

SUBPART

D:

 TESTING

Section 245.160

 Classification

Motor vehicles and portable or mobile internal combustion engines

for

 which

air

 contaminant

 emission

 control

 systems

 will

be

certified

or

 accredited

are

 divided

 into

the

 following

classifications:

a)

 Under 50 cubic inches engine displacement.

b)

 50 through 100 cubic inches engine displacement.

c)

 Over

 100 through 140 cubic inches engine displacement.

d)

 Over

 140 through 200 cubic inches engine displacement.

e)

 Over 200 through 250 cubic inches engine displacement.

f)

 Over 250 through 300 cubic inches engine displacement.

g)

 Over 300 through 375 cubic inches engine displacement.

h)

 Over 375 cubic inches engine displacement.

i)

 Motor vehicles which

 because of

 unusual

 engine

 design

 cannot be classified,

 for purposes of emissions control,

by engine displacement.

Section 241.161

 Plans Submitted

Any person

 seeking

 approval,

 accreditation,

or

 certification

by

the Agency for any device to control emissions from motor vehicles

shall

 submit plans

 thereof

 to the

 Agency.

 Such

 plans

 shall

be

accompanied by reliable test data

 indicating compliance with the

appropriate emission standards and test procedures established by

this Part.

Section 241.162

 Prohibitions

No new motor vehicle, new motor vehicle engine,

 or motor vehicle

with

 a new motor

 vehicle

 engine

 required

to

 meet the

 emission

standards established pursuant to this Part shall

 be sold to the

ultimate purchaser,

 offered or delivered for-sale to the ultimate

purchaser,

 or registered

 in this state

if:

a)

the

 manufacturer

has

 failed

to

 provide

a

 valid

certificate of conformity for the engine family,

or

b)

 the manufacturer has violated emission standards or test

I 10—170

19

procedures

and

has

 failed

to

 take

 corrective

 action

specified by the Agency.

Section 241.163

 Material Similarity

Each new motor vehicle or engine required pursuant to this Part to

meet the emission standards shall

be,

in

 all material respects,

substantially the same

 in construction

 as the test motor vehicle

or engine,

as

 the case may ‘be,

 which has been

 certified by the

Agency in accordance with this Part.

 However, changes with respect

to new motor vehicles or engines previously certified may be made

if such changes do not increase emissions above the standards under

which those motor vehicles

 or engines,

as

 the case may be,

 were

certified and the changes are approved in advance by the Agency.

Section 241.164

 Certification for 1993 and Subsequent Model

Year Vehicles.

No new motor vehicle or new motor vehicle engine shall be certified

by the Agency,

 unless the vehicle

or

 engine meets

 the emission

standards established by this Part, and passes the test procedures

for certification

 set forth in Section 241.225.

Section 241.165

 Assembly—line Test Procedures for 1993 and

Subsequent Model Years

New

1993

and

 subsequent

 model

 year

 passenger

 cars,

 light—duty

 trucks,

and

 medium—duty

 vehicles

 subject

to

 certification

and

manufactured

for

 sale

in

 Illinois

 shall

be

 tested

by

the

manufacturer in accordance with the “California Assembly—Line Test

Procedures

for

1983

and

 Subsequent

 Model—Year

 Passenger

 cars,

Light-Duty Trucks and Medium-Duty Vehicles”

 (see Section 241.103).

The results

of

 actual testing pursuant to this

 Section

 shall

be

maintained by the manufacturer and furnished to the Agency at the

Agency’s request.

SUBPART E:

 INSPECTION AND COMPLIANCE

Section 241.180

 In-use Vehicle Emissions-Related Defects

Reporting Procedures

All

1993

and

 subsequent

 model-year

 passenger

 cars,

 light-duty

trucks,

 and medium—duty vehicles certified for sale and registered

in Illinois shall be subject to the “California Vehicle Emissions-

Related Defects Reporting Procedures for 1978 and Subsequent Model-

Year

 Passenger

 Cars,

 Light-Duty

 Trucks,

 Medium

 and Heavy-Duty

Vehicles,

 and Motorcycles”

 (see Section 241.103).

110—171

SUBPART

SURVEILLANCE

AND

STANDARDS

Section

241.220

 New Motor Vehicle Dealer Surveillance

No dealer shall sell,

 or offer or deliver for sale a new passenger

car,

 light-duty truck or medium-duty vehicle which

 is required to

meet emission standards of this Part unless such vehicle conforms

to the following standards and requirements:

a)

 Ignition

 timing

 shall

be

set

to

 manufacturer’s

specification with an allowable tolerance of ±3°;

b)

 Idle speed shall be set to manufacturer’s specification

with an allowable tolerance of ±100rpm;

c)

 Required exhaust and evaporative emission controls, such

as Emission Gas Recirculator

 (EGR) valves, are operating

properly;

d)

 Vacuum hoses and electrical wiring for emission controls

are correctly routed; and

e)

 Idle mixture

is

 set to manufacturer’s specification or

according

to

 manufacturer’s

 recommended

 service

procedure.

Section 241.221

 Surveillance of Used Cars at Dealerships

a)

 No dealer shall sell,

 or offer or deliver for sale a used

passenger car,

 light-duty truck, or medium-duty vehicle

which is required to meet emission standards unless such

vehicle conforms to the following requirements:

1)

 Ignition timing shall be set to retrofit device or

vehicle

 manufacturer’s

 specification

 with

an

allowable tolerance of ±3°;

2)

 Idle

 speed

 shall

be

set

to

 retrofit

 device

or

vehicle

 manufacturer’s

 specifications

 with

an

allowable tolerance of ±100rpm;

3)

 Required exhaust and evaporative emission controls,

such as EGR valves,

 are operating properly;

4)

 Vacuum

 hoses

and

 eLectrical

 wiring

for

 emission

controls are correctly routed connected and;

5)

 Idle mixture shall be set to retrofit device or

vehicle

 manufacturer’s specification

 or according

to manufacturer’s recommended service procedure.

110—172

b)

The

requirements

set

forth

in

 subparagraphs

 (a) (1)

through

 (a) (5)

 shall

 also

 apply

to

a

 dealer

 when

servicing

 emission related components.

 However,

 only

that requirement(s) appropriate to the service performed

shall apply.

Section 241.222

 Reimbursement of Costs

 (Reserved)

Section

241.223

Mandatory

Inspection

Exhaust

Emissions-Light

Duty

and

 Medium-Duty Vehicles.

a)

 Exhaust emissions

 from light—duty

 (6000 pounds

 or less

gross vehicle weight)

 and medium-duty

 (8500 pounds

or

less gross vehicle weight) vehicles subject to inspection

shall not exceed the standards set forth

 in this Subpart

by vehicle class

as

 shown

in

 Table

I

of

 Appendix A

“Vehicles subject to inspection”

 shall mean every motor

vehicle owned by a resident of an affected county.

b)

 For purposes of this Section,

 “affected counties” shall

mean COOK COUNTY; AND THOSE PARTS OF DUPAGE COUNTY WHICH

ARE NOT INCLUDED WITHIN ANY OF THE FOLLOWING ZIP CODE

AREAS,

 AS DESIGNATED BY THE U.S. POSTAL SERVICE:

 60103,

60120,

 60174,

 60184,

 60185,

 60187,

 60188,

 60189,

 60190,

60504,

 60505,

 60519,

 60540,

 60555 AND 60565; AND THOSE

PARTS OF LAKE COUNTY WHICH ARE NOT INCLUDED WITHIN

ANY

OF THE FOLLOWING ZIP CODE AREAS, AS DESIGNATED BY THE U.S

POSTAL

 SERVICE:

 60002,

 60010,

 60013,

 60020,

 60021,

60030,

 60041,

 60042,

 60046,

 60047,

 60050,

 60060,

 60073,

60075, 60081, 60083 AND 60084; AND THOSE PARTS OF

MADISON

COUNTY WHICH ARE NOT INCLUDED WITHIN ANY OF THE FOLLOWING

ZIP CODE AREAS, AS DESIGNATED BY THE U.S. POSTAL SERVICE:

62001,

 62012,

 62021,

 62025,

 62026,

 62034,

 62035,

 62046,

62058,

 62061, 62062,

 62067,

 62074,

 62088,

 62097,

 62234,

62249,

 62269, 62275,

 62281 and 62294; AND THOSE PARTS OF

ST. CLAIR COUNTY WHICH ARE NOT INCLUDED WITHIN ANY OF THE

FOLLOWING

ZIP

 CODE

 AREAS,

AS

 DESIGNATED

BY

THE

 U.S.

POSTAL

 SERVICE:

 62208,

 62220,

 62221,

 62222,

 62223,

62225,

 62232,

 62234,

 62236, 62243,

 62248,

 62254,

 62254,

62255,

 62257,

 62258,

 62260, 62264,

 62269,

 62278,

 62282,

62285,

 62289 AND 62298.

 (Ill.

 Rev. Stat.

 1987, ch. 95~,

par.

 l3A—l02(a)

Section 241.224

 Emission Standards

The emission standards for 1993,

 1994,

 1995,

 and subsequent model

year vehicles subject

 to this Part are set forth

 in Appendix

A,

Table

I.

11 0—173

Section

241.225

Test

Procedures

All vehicles required to meet the standards as set forth in Section

241.224

and

Appendix

are

subject

 to the

 “California Exhaust

Emission

 Standards

 and Test

 Procedures

for

1988

and

 Subsequent

Model Passenger Cars, Light-Duty Trucks,

 and Medium-Duty Vehicles”

(see Section 241.103).

Section 241.226

 Small Volume Manufacturer

For the purposes

 of this

 Subpart, “small volume manufacturer”

is

any vehicle manufacturer which was subject to “in lieu” standards

pursuant to Section 202(b) (1) (B) of the Federal Clean Air Act

(42

U.S.C.

 Section

 7521(b) (1) (B),

 as amended November 16,

 1977)

or

a

vehicle manufacturer with Illinois sales not exceeding

 3,000 new

motor vehicles per model year based on previous model—year sales;

however,

for

 manufacturers

 certifying

for

the

 first

 time

in

Illinois,

 model year

 sales shall

 be based on projected Illinois

sales.

Section 241.227

 Optional Nitrogen Oxide Standards

Optional nitrogen oxide

 (NOx)

 standards for 1993 and later model

passengers

 cars,

 and light—duty trucks

 and medium—duty vehicles

less than 4000

 lbs,

 equivalent

 inertia weight

 (EIW)

 or 3751

 lbs,

loaded vehicle weight

 (LVW)

 are as follows:

a)

 Notwithstanding any other provision of this

subpart,

a

 vehicle manufacturer may certify

 1993 model

vehicles to optional NOx standards as follows:

1)

 1993 Model year passenger

 cars weighing more than

5000

 lbs.

 EIW may be certified to the 0.7 gm/mile

NOx standard.

2)

 For the 1993 model year,

 a vehicle manufacturer may

certify passenger

 cars,

 light-duty trucks

 (0-3999

lbs.

 EIW),

 and medium-duty vehicles

 (0—3999. lbs.

EIW to the optional 0.7 gm/mile NOx standard subject

to the following limitations:

a)

 The total number of passenger cars (0-5000 lbs.

EIW)

 each

 manufacturer

 .may

 certify

at

0.7

gm/mile NOX

 shall

 be linüted

to

 a maximum of

10

 of the total previous Illinois model-year

sales of these vehicles.

b)

 The total number of light-duty trucks

 (0-3999

lbs. EIW) and medium-duty vehicles (0-3999 lbs.

EIW)

 each

 manufacturer

may

 certify

at

0.7

110—174

23

gm/mile

NOX

 shall

 be limited

 to a maximum of

15

 of the combined total

 previous

 Illinois

model—year

sales

these

vehicles.

c)

 For manufacturers certifying for the first time

Illinois,

“previous

Illinois

 model—year

sales”

shall

mean

projected

Illinois

model-

year

sales.

b)

Notwithstanding

any

 other provisions of this Subpart,

a

small volume manufacturer may certify 1993 through 1995

model year passenger cars, light-duty trucks (0-3999 lbs.

EIW)

 and medium-duty vehicles

 (0-3999

 lbs.

 EIW)

 to the

optional

0.7

 gm/mile

NOx

 standard

 subject

to

the

following limitations:

1)

 For each model year,

 the total number of passenger

cars (0-5000 lbs. EIW) each manufacturer may certify

at 0.7 gm/mile NOx shall be limited to a maximum of

10

 of the total previous Illinois model—year sales

 of these vehicles.

2)

 For each model year,

 the total number of light duty

trucks

 (0-3999

 lbs.

 EIW)

 each

 manufacturer

may

certify

at

 0.7 gm/mile NOx shall

be

 limited to

a

maximum

of

15

of

the

 combined

 total

 previous

Illinois model-year sales of these vehicles.

3)

 For manufacturers certifying for the first time

in

Illinois “previous Illinois model—year sales” shall

mean projected Illinois model-year sales.

c)

 Testing

 of vehicles certified under this section shall

be

 conducted

in

 accordance with

the

 “Illinois

 Exhaust

Emission

 Test

 Procedures”

 applicable

to

1993

and

subsequent model passenger cars,

 light—duty trucks,

and

medium-duty vehicles certified to the primary

 Illinois

standards for 50,000 miles.

Section 241.228

 Emission Control Labels

—

 1993 and Subsequent

Model Year Motor Vehicles

In

 addition to

 all other

 requirements,

 emission

 control

 labels

required by Illinois certification procedures shall conform to the

“California Motor Vehicle

 Emission Control

 Label Specifications”

(see Section 241.103).

110—175

24

Section 241.229

 Malfunction and Diagnostic Systems

—

 1993 and

Subsequent

Model

Year

a)

 All 1993 and subsequent model year passenger cars, light-

duty

 trucks,

 and medium-duty vehicles equipped with

a

three-way catalyst system and feedback control shall be

equipped with

 a means of informing the vehicle operator

of

the

 malfunction

of

the

 computer—sensed

 emission—

related

 components,

and

of

the

 on—board

 computer

processor,

and

of

the

 malfunction

of

the

 emission—

related functioning of the fuel metering device and EGR

system on vehicles

 so equipped,

 and which provides for

on-board diagnosis of the likely area of the malfunction

without the aid of any external device.

 The system shal,l

include a means of informing the vehicle operator, upon

initiation

of

 engine

 starting,

 that

it

is

 functioning

properly.

 No malfunction and diagnostic system shall be

required for malfunction which would significantly impair

vehicle driveability or prevent engine starting.

b)

 This Section shall

 be implemented as specified

 in this

subsection.

 The vehicles

 shall

be

 equipped

 with

a

malfunction

 indicator

 light

and

an

 on—board

 self-

diagnostic system.

 The on—board computer processor shall

interrogate

 input

 parameters

 from

 computer—sensed

emission—related components

 and shall

 also interrogate

the functioning of the fuel metering device and

 of the

EGR system on vehicles so equipped.

 Upon detection

of

a malfunction of any such component,

 device,

 or system,

the

 computer

 processor

 shall

 cause

the

 malfunction

indicator

 light

to

 illuminate.

An

 on—board

 computer

processor malfunction

 shall also cause the malfunction

indicator light to illuminate.

 In the case of any such

component,

 device

or

 system

 whose

 malfunction

 would

significantly

 impair

 vehicle

 driveability

or

 prevent

engine starting, no malfunction indication or diagnostic

code shall be required.

 The indicator light shall also

illuminate in the engine-run key position before cranking

to

 indicate

 that

the

 malfunction

 indication

is

functioning.

 The self—diagnostic

 system shall provide

an on-board means of identifying, without the aid of any

external

 device,

the

 likely

 area

 responsible

for

the

detected malfunction when the vehicle is serviced.

The

malfunction

 indicator

 light

 shall

be

 located

on

the

instrument panel and shall when illuminated, display the

phrase

 “Check Engine”

or

 “Service

 Engine

 Soon”

or

may

display such other phrases determined by the Director to

be

 likely to cause

 a vehicle

 owner

 to seek

 corrective

action.

c)

 For purposes

 of this Section:

110—176

1)

 A “computer—sensed emissions-related

 component

of

the

three—way

catalyst

emission

control

system”

means

component

which

provides

emission

control

system

input

the

on—board

computer

processor.

2)

 “Malfunction” means the partial or total failure of

one

or

 more

 computer—sensed

 emission—related

components

 or the on—board computer processor,

or

of

the

 emission-related

 functioning

of

a

 fuel

metering

 device

 or EGR system

to

 a degree

 which

would

likely

cause

the

emissions

average

certification

vehicle

with

the

failure

failures,

individually

combination,

exceed

the

applicable

emissions

standards.

Section

241.230

Malfunction

and

Diagnostic

Systems

—

1994

and

Subsequent

Model

Year

All

1994

and

 subsequent

 model-year

 passenger

 cars,

 light-duty

trucks, and medium-duty vehicles with feedback fuel control systems

shall

 be equipped with

 a malfunction

 and diagnostic system that

conforms

the

proposed

California

“Malfunction

and

Diagnostic

System Requirements—l994 and

Subsequent

Model—Year

Passenger

Cars,

Light-Duty Trucks, and Medium-Duty Vehicles with Feedback Control

Systems”

 (see Section 241.103)

Section

241.231

Fuel

Evaporative

 Emissions

Evaporative

 emissions for

1993

and

subsequent

model

year

gasoline—powered

liquefied

petroleum

gas—powered

 motor

vehicles

shall

not

exceed:

Hydrocarbons

Vehicle Type

Model

Year

(grams

per

test)

Passenger cars

 1993 and subsequent

2.0

Light-duty trucks

Medium-duty vehicles

The

standards

set

forth

above

 shall apply only to those

liquefied

petroleum

gas

gasoline—powered

 motor

vehicles

which

are

subject

exhaust

emission

standards

under this Subpart.

b)

The

 procedure

for

 determining

 compliance

 with

 these

standards

set

forth

the

“California

Evaporative

Emission

 Standards

and

 Test

 Procedures

for

1978

and

Subsequent Model Liquefied Petroleum Gas—

 or Gasoline—

Powered Motor Vehicles”

 (See Section 241.103).

110—177

Section 241.232

 Ringlemann Ch&rt

No motor vehicle covered by this Subpart shall discharge into the

atmosphere at elevation of less than 4,000 feet any air contaminant

for a period of more than 10 seconds which is;

a)

 As dark or darker in shade at that designated as No.

1

the

Ringlemann

Chart,

published

the

 United

States

Bureau

Nines,

.b)

such

 opacity

as

 to obscure

 an observer’s

 view to a

degree equal to or greater than does smoke described in

subsection

 (a).

Section 241.233

 Prohibitions

No

 person

 shall

 operate

or

 leave

 standing upon

 any highway any

motor

 vehicle

 which

is

 required

to

be

 equipped

 with

an

air

contaminant emission control system under this Part

or

 any other

certified air contaminant emission control system required by any

 other state law or any rule or regulation adopted pursuant to such

law),

 o.r required to be equipped with an air contaminant emission

control system pursuant to the Clean Air Act

 (42 U.S.C.,

 Sec.

7401

et seq.)

 and the standards and regulations promulgated thereunder,

unless

the

 motor

 vehicle

is

 equipped

 with

the

 required

air

contaminant

 emission control system which

 is correctly installed

and

 in operating condition.

 No person shall disconnect,

 modify,

or alter any such required device.

SUBPART H:

 USED MOTOR VEHICLES & AFTERNARKET PARTS

ACCREDITATION OF AIR CONTAMINANT EMISSION CONTROL SYSTEMS

Section 241.250

 Applicability

This Subpart shall apply to all aftermarket parts which are sold,

offered

for

 sale,

or

 advertised

for

 sale

or

use

on

1993

and

subsequent model—year vehicles subject to Illinois state or federal

emission standards.

Section 241.251

 Requirements

No

 air contaminant

 emission control

 system

 shall

be

 accredited

unless such device meets the standards set forth

 in this Subpart.

Section 241.252

 Prohibition

Nd

air

 contaminant

 emission

 control

 system

 intended

for

installation

on

 used

 motor

 vehicles

 shall

 receive

 accreditation

110— 1 73

27

from the Agency unless

meets

the

following

criteria:

Such

system

shall

designed

 have no adverse

effect

engine

operation

vehicle

performance,

unless

a test procedure otherwise specifies.

b)

 The adequacy

 of methods

 of distribution, the financial

responsibility

of

the

 applicant,

and

 other

 factors

affecting the economic interests of the motoring public

shall be satisfactory to protect the motorist.

Section 241.253

 Replacement Parts

a)

 Any replacement part subject to the provisions

 of.this

Subpart shall be presumed to be in compliance with this

Subpart

 unless

the

 Director

 makes

a

 finding

to

the

contrary pursuant to Section 241.255.

b)

 The manufacturer of any replacement part subject to the

provisions

of

 this

 Subpart

 shall

 maintain

 sufficient

records, such as performance specifications, test data,

or

 other

 information,

to

 substantiate

 that

 such

a

replacement part

is

in

 compliance

 with

 this

 Subpart.

Such records shall be open for reasonable inspection by

the Agency.

 All such records

 shall be maintained

for

four

 years

 from

the

 year

of

 manufacture

of

the

replacement part.

Section 241.254

 Advertisement and Sale

a)

As

 used

in

 this

 section,

the

 terms

 “advertise”

and

“advertisement”

 include,

but

 are not

 limited

to,

any

notice, announcement, information, publication, catalog,

listing for sale,

 or other statement concerning

 a product

or service communicated to the public for the purpose of

furthering the sale of the product or service.

b)

 No person or company doing business solely

in

Illinois or advertising only in Illinois shall advertise

any

 device,

 apparatus,

or

 mechanism

 which

 alters

or

modifies

the

 original

 design

or

 performance

of

any

required air contaminant emission control system unless

such part, apparatus, or mechanism has been exempted from

Section 241.259,

 and the limitations of the exemption,

if

 any,

 are contained within the advertisement

 in type

size to give notice of such limitations.

1)

No

 person

 shall

 advertise,

 offer

for

 sale,

or

install

part

air

 contaminant

 emission

control

system

approved

certified

device,

when

in

 fact

 such

 part

is

not

an

air

contaminant

emission

control

system

or

is

not

110—179

approved or certified by the Agency.

2)

 No person shall advertise,

 offer for sale, sell or

install an add—on or modified part as a replacement

part.

3)

 The Director may exempt add—on and modified parts

based on an evaluation conducted in accordance with

the California

 “Criteria

 for Evaluation

 of Add-on

Parts and Modified Parts”

 (see Section 241.103).

4)

 Each person engaged in the business of retail sale

or installation of an add-on or modified part which

has not been exempted from

 Section 241.259

 shall

maintain

 records

of

 such activity which

 indicate

date of

 sale,

 purchaser name and address,

 vehicle

model

and

 work

 performed

if

 applicable.

 Such

records shall be open for inspection by the Agency.

All such records shall be maintained for four years

from the date of sale or installation.

Section 241.255

 Surveillance

a)

 Replacement

 parts.

The

 Director

may

 require

the

manufacturer

of

any

 replacement

 part

 subject

to

the

provisions of this Subpart to submit any records relating

to such part which are maintained

 pursuant to

 Section

241.254(b).

 The Director may require the manufacturer

of any replacement part subject to the provisions of this

Subpart

 to submit a reasonable number of parts typical

of

the

 manufacturer’s

 production

for

 testing

and

evaluation.

 If after a review of all records submitted

by

the

 manufacturer

and

of

the

 results

of

any

 tests

conducted by the manufacturer or the Agency, the Director

finds that such part

 is not in fact a replacement part,

the Director may

 invoke Section

 241.256.

 Replacement

parts

 evaluated

 pursuant

to

 this

 section

 shall

be

compared

 with

the

 specifications

 contained

in

the

applicable

 vehicle

 manufacturer’s

 application

for

certification..

b)

 Add-on

 parts

and

 modified

 parts.

The

 Director

may

require the manufacturer of any add—on or modified part

subject

to

 the provisions

of

 this Subpart

 to submit

a

reasonable number of parts typical of the manufacturer’s

production for testing and evaluation.

 If after review

of the results

 of any test. or evaluations conducted

by

the manufacturer

 or the Agency and of any

 information

submitted

 by the manufacturer,

 the Director

 finds that

an add—on part or a modified part does not conform to the

California “Criteria for Evaluation of Add-on Parts and

Modified Parts”

 (see Section 241.103), the Director may

110—iso

29

invoke Section 241.256.

Section 241.256

 Corrective Action

a)

 When this Section is invoked pursuant to other sections

of

 this

 Subpart,

the

 Director

may

 require

the

manufacturer

to

 submit

a

 plan

for

 correcting

any

deficiencies found by the Agency.

 The manufacturer shall

submit

the

 plan

 within

30

 calendar

 days

 after

notification.

The

 Director

may

 require

any

of

the

actions contained in the plan, and/or may declare a part

of the plan to be not

 in compliance with Section 241.259

unless he or she finds the plan adequate to correct the

deficiencies

 found

by

the

 Agency.

The

 plan

may

be

required

to

 include

 such

 corrective

 actions

as

the

cessation of sale of non—complying parts and corrective

advertising to correct misleading

 information regarding

the emission control capabilities

 of the device

 and to

ensure compliance with Illinois

 laws.

 Nothing

 in this

Section

 shall

 prevent

 the Director

 from

 also

 seeking

fines for violations of Section 241.259 or other laws or

regulations.

b)

 The manufacturer

 may,

 within

15

 calendar

 days

of

its

receipt of the Director’s demand for corrective action,

request

 a public hearing on the necessity for or scope

of any corrective action required by the Director.

Section 241.257

 Business Prohibitions

No person engaged in

 a business which involves the selling of air

contaminant emission control systems shall

 offer for

 sale,

 sell,

or

 install,

 an air contaminant emission control

 system,

 or part

thereof, unless it meets the regulations and standards as set forth

in this Subpart.

Section 241.258

 Remedy

Any person holding a retail seller’s permit who sells or installs

an air contaminant emission control

 system,

 or part thereof,

in

violation

of

 Section

 241.257

 shall

 thereafter

be

 required

to

install

an

air

 contaminant

 emission

 control

 system,

or

 part

thereof, which is in compliance with the provisions of this Subpart

upon demand

of

 the purchaser or registered

 owner

 of the vehicle

concerned or to reimburse the purchaser or registered owner for the

expense

of

 replacement

and

 installation

of

an

air

 contaminant

emission control system,

 or part thereof, which

 is in compliance,

at the election of such purchaser or registered owner.

Section 241.259

 Prohibition

110—181

30

No

person shall

 install,

 sell,

 offer for

 sale,

 or advertise

any

device, apparatus,

 or mechanism intended for use with, or as a part

of,

any

 required air contaminant

 emission control

 system

 which

alters or modifies the original design or performance of any such

air contaminant emission control system.

 This Section shall not

apply

to

an

 alteration,

 modification,

or

 modifying

 device,

apparatus,

 or mechanism

 found by the Agency to either:

a)

Not

 reduce

the

 effectiveness

of

any

 required

air

contaminant emission control system;

or

b)

 Result

in

 emissions

 from

any

 such

 modified

or

 altered

vehicle

 which

are

at

 levels which

 comply

 with

 existing

state or federal standards for that model year of vehicle

being modified or converted.

SUBPART:

I

 SPECIFICATION FOR FILL PIPES

AND

 OPENINGS OF

MOTOR

VEHICLE

FUEL

TANKS

Section

241.270

 Requirements

New

1993

and

subsequent

model—year

fuel—powered

motor

vehicles

shall

not

be

 sold,

 offered

 for sale

or

 registered

in

 Illinois

unless

 such vehicles comply with the California

 “Specifications

for

 Fill

 Pipes

and

 Openings

of

 Motor

 Vehicle

 Fuel

 Tanks”

 (see

Section 241.103.)

110—1S2

31

Appendix A

 Table

I

Vehicle Emission Standards for Non-Methane Hydrocarbons

 (NNHC),

Carbon Monoxide

 (CO)

 and Oxides of Nitrogen

 (NOr)

Vehicle

 vehicles

meeting standard

for model years

Emissions in grams per mile of

 Loaded

Type1

 weight

(lhs)

NMHC

50K

Miles

upto

lOOK

Miles

CO

50K

Miles

upto

lOOK

Miles

NOx upto

50K

Miles2’3

 ‘93

 ‘94

 ?‘95

PC

All

All

0.4(0.7)4F5~6

60

20

0

40

80

100

0.39

0.25

——

0.31

7.0

3.4

——

4.2

0.4(0.7)416

LDT

 0 to

3750

0.4

(0. 7) 4,5,6

60

20

0

40

80

100

0.39

0.25

——

0.31

9.0~

3.4

4.2

0.4(0.7)416

&

3750

to 5730

60

20

0

40

80

100

0.50

0.32

——

0.4

9.0

4.4

——

s.s

1.06

i.o5i6

5751

MDV

 to 8500 100

100

100

0.6

——

9.0

1.56

“PC” means passenger cars.

“LDT” means light-duty trucks.

“MDV” means medium—duty vehicles.

The maximum projected emissions of oxides of nitrogen measured on

 the federal Highway Fuel Economy Test

 (HWFET; 40 CFR Part 600,

Subpart

B)

 shall not be greater than 1.33 times the applicable

passenger car standards and 2.00 times the applicable light-duty

truck and medium-duty vehicle standards shown in the table.

 Both

the projected emissions and HWFET standard shall be rounded in

accordance with ASTM E29—67 to the nearest 0.1 g/mile before being

compared.

This provision of the optional NOx standard

 (0.7 g/mile)

is

applicable to the 1993 model year and for small volume

manufacturers

 to the 1994 and 1995 model years pursuant to the

provisions of Section 241.228.

 The optional NOx standards will

not be available for subsequent

 (to 1995)

 model years.

A maximum of 10

 of PC

 (all PC

over

5000

 lbs) may be certified and

15

 of LDT and MDV may be certified to the optional 0.7 g/mile

NOx

standard pursuant to the provisions of Section 241.228.

The emissions standards are phase-in standards.

 Each manufacturer

110—183

32

must certify a minimum of 40

 of vehicles for 1993; 80

 for 1994;

and 100

 for 1995 and subsequent model years to the phase-in

standards.

 The percentages are determined from the total previous

 Illinois model-year production of these vehicles.

For

manufacturers certifying for the first time in Illinois,

 “previous

Illinois model—year production” shall mean projected Illinois

6 production.

Diesel passenger cars,

 light—duty trucks and medium-duty vehicles

are subject to

 a 50,000 mile particulate exhaust emissions

standard of 0.08 g/mile for 1993 and subsequent model years.

The applicable CO standard for the 1994 model year LDT and MDV

with a loaded weight between

 0 and 3750 pounds

 is 7.0 g/mile.

Docket B

PART 241

EMISSION STANDARDS FOR MOTOR VEHICLE

AND

 MOTOR VEHICLE ENGINES

Appendix

 A, Table

I

Vehicle Emission Standards for Non-Methane Hydrocarbons

 (NMHC),

Carbon Monoxide

 (CO) and Oxides of Nitrogen

 (NOr)

Vehicle

 vehicles

meeting standard

for model years

Emissions

 in grams per mile of

Type’

Loaded

weight

(lbs)

NMHC

 upto

 CO upto

 NOx upto

50K

 lOOK

50K

 lOOK

50K

Miles Miles Miles Miles

 Miles2’3

 ‘93

 ‘94

 ‘95

PC

All

100

100

100

 0.25

 0.31

3.4

 4.2 O.4(0.7)~’~

LDT

 0 to

100

100

100

 0.25

 0.31

3.4

 4.2 O.4(0.7)~’~

3750

&

3750

100

100

100

 0.32

0.4

4.4

5.5

 l.0~

to 5730

5751

MDV

 to 8500

100

100

100

0.6

——

9.0

——

 l.5~

1

 “Pc” means passenger cars.

“LDT”

means

light-duty

trucks.

“MDV” means medium—duty vehicles.

2 The maximum projected emissions of oxides of nitrogen measured on

110—184

the federal Highway Fuel Economy Test

 (HWFET;

 40 CFR Part 600,

Subpart

B)

 shall not be greater than 1.33 times the applicable

passenger car standards and 2.00 times the applicable

 light-duty

truck and medium-duty vehicle standards shown

 in the table.

 Both

the projected emissions and HWFET standard shall be rounded

in

accordance with ASTM E29-67 to the nearest 0.1 g/mile before being

compared.

~ This provision of the optional NOx standard

 (0.7 g/mile)

is

applicable to the 1993 model year and for small volume

manufacturers

 to the 1994 and 1995 model years pursuant to the

provisions

 of Section 241.228.

 The optional NOx standards will

not be available for subsequent

 (to 1995) model years.

A maximum of 10

 of PC

 (all PC over 5000 lbs) may be certified and

15

 of LDT and MDV may be certified to the optional 0.7 g/mile NOx

standard pursuant to the provisions of Section 241.228.

~ Diesel passenger cars,

 light—duty trucks and medium-duty vehicles

are subject to a

 50,000 mile particulate exhaust emissions

standard of 0.08 g/mile for 1993 and subsequent model years.

IT

IS

 SO ORDERED.

I,

 Dorothy

 M. Gunn,

 hereby certify that the above Opinion

~nd

Order was adopted on the

/

 day of

 1990,

by

avoteof

Dorothy M.

 Gunn,

 Clerk

Illinois Pollution Control Board

110—185