ILLINOIS POLLUTION CONTROL BOARD

December 7, 2000

IN THE MATTER OF:

ENHANCED VEHICLE INSPECTION AND

MAINTENANCE (I/M) REGULATIONS:

AMENDEMENTS TO 35 ILL. ADM. CODE

PART 240

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R01-12

(Rulemaking - Air)

Final Order. Adopted Rule.

OPINION AND ORDER OF THE BOARD (by C.A. Manning):

On August 21, 2000, the Illinois Environmental Protection Agency (Agency) filed with

the Board proposed amendments to the enhanced vehicle inspection and maintenance (I/M)

regulations at 35 Ill. Adm. Code 240. The Agency’s proposal was filed under Section 13B-20(a)

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

et seq.

(1998)). The Vehicle Emissions Law provides that Section 27(b) of the Environmental

Protection Act (Act) (415 ILCS 5/27(b) (1998)) and the rulemaking provisions of the

Administrative Procedure Act (APA) (5 ILCS 100/1-1

et seq.

(1998)) “shall not apply to rules

adopted by the Board under this subsection.” 625 ILCS 5/13B-20(a) (1998). Additionally,

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 19, 2000.

On August 24, 2000, 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 15, 2000, 24 Ill.

Reg. 13820.

The Board held two public hearings in this matter. The first hearing was held before

Hearing Officer Richard McGill on October 11, 2000, in Chicago, Illinois. The second hearing

was held before Hearing Officer Andrew Boron on October 20, 2000, in Collinsville, Illinois. At

both hearings the Agency offered testimony in support of its proposal. Specifically, the following

Agency personnel participated in the Board proceedings: Elizabeth R. Tracy, manager of the

Division of Vehicle Inspection and Maintenance, Bureau of Air; Christopher P. Demeroukas,

attorney, Bureau of Air; and James Matheny, manager of technical services in the Division of

Inspection and Maintenance, Bureau of Air. On November 9, 2000, the Agency filed public

comments (PC 1). The Board received no other testimony or public comments.

The Board today adopts amendments to 35 Ill. Adm. Code 240. The amendments include

changes to the proposal suggested by the Agency and the Joint Committee on Administrative

Rules, as well as a few other minor changes.

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FEDERAL STATUTORY BACKGROUND

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

(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 exisiting 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 of 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 the Vehicle Emission

Inspection Law, the Agency has proposed, and the Board has adopted an enhanced I/M program

for these two nonattainment areas in 35 Ill. Adm. Code 240. 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.

AGENCY PROPOSAL

The Agency proposes amendments to 35 Ill. Adm. Code 240 with respect to the enhanced

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

Agency Statement of Reasons at 3-4. The Agency describes its proposed changes as follows:

1.

 

delaying the implementation of “pass/fail” on-board diagnostic testing from

January 1, 2001, to January 1, 2002;

2.

 

retaining current, more lenient “start-up” hydrocarbon and carbon monoxide

emission standards for model year 1981 through model year 1986 light duty

vehicles, light duty trucks 1, and light duty trucks 2; and

3.

 

adding several definitions, incorporating USEPA guidance by reference,

eliminating outdated provisions, and clarifying certain provisions. See Agency

Statement of Reasons at 3, 5-9, 11-13; Agency Summary of Testimony of

Elizabeth R. Tracy at 1-2.

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

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

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

emissions testing requirements.”

Id.

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

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to promote the acceptance of and adherence to the enhanced I/M program, and to refine certain

test requirements . . . .”

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

certain “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 than

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 retaining

current “start-up” emissions standards for certain categories of older vehicles, and by extending

for one year the implementation of “pass/fail” on-board diagnostic testing, and to make necessary

clarifications to the current rule.

Currently, the Agency’s emissions testing contractor is performing “advisory” on-board

diagnostic testing. This consists of attempting to gather information from 1996 and newer

vehicles presented for testing with on-board diagnsotic ports to determine if one or more

emissions control components or systems is not functioning properly and is in need of repair.

The testing is “advisory,” in that there is no consequence to a motorist whose vehicle fails a test.

Currently a motorist is simply notified whether his or her vehicle would have passed or failed had

the test been a mandatory part of the inspection. Once the “pass/fail” test becomes mandatory

rather than advisory, the consequence of failure can be as severe as suspension of either the

vehicle owners driving privileges or vehicle registration. Delaying the beginning of “pass/fail”

on-board diagnostic testing will allow the Agency to address problems with the acquisition and

analysis of data from certain vehicles’ on-board diagnostic ports.

The Agency notes the proposed beginning of “pass/fail” on-board diagnostic testing

should be “no later than January 1, 2002” instead of “January 1, 2002,” as referenced incorrectly

both in the statement of reasons and in the proposed amendatory text at proposed amendments to

Section 240.191. Exh. 1 at 1.

  

At hearing, the Board expressed concern about the fairness to the

public of the “no later than” deadline of Section 240.191. Tracy testified the Agency would have

“an adequate public education and information program” prior to initiating the “pass/fail” on-

board diagnostic testing. Tr. 1 at 23. The Board continues to have concerns and accordingly

adopts the rule as originally proposed. If the Agency is prepared to being “pass/fail” on-board

diagnostic testing prior to January 1, 2002, the Agency can propose a revision to the rule at that

time.

In response to Board questions, 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

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Board suggested one noteworthy change, which the Agency notes in PC 1. In response to Board

concerns regarding proposed amendments to 240.162 and 240.163, the Agency agrees that its

proposal in both these sections should be revised to include specific dates. PC 1 at 1-2. The

Agency suggests revising Sections 240.162 and 240.163 to read:

Section 240.162 Vehicle Exhaust Emission Start-Up Standards

Vehicle exhaust emission start-up standards contained in Section 240.Table A of this Part

shall apply for all vehicles subject to inspection until January 31, 2001. two years after

the beginning of IM240 testing. Beginning February 1, 2001, these standards shall

continue to apply to all model year 1981 through model year 1987 LDV, LDT1, and

LDT2 vehicles. All standards are expressed in grams per mile (gpm).

Section 240.163 Vehicle Exhaust Emission Final Standards

Beginning February 1, 2001, vehicle Vehicle exhaust emission final standards contained

in Section 240.Table B of this part shall apply for all vehicles subject to inspection

beginning at the conclusion of testing using the start up vehicle exhaust emissions

standards required in Section 240.162 except for model year 1981 through model year

1987 LDV, LDT1, and LDT2 vehicles, which shall continue to use the standards

contained in Section 240.Table A of this Part as described in Section 240.162. All

standards are expressed in grams per mile (gpm).

CONCLUSION

As previously discussed, Sections 182(b) and (c) of the CAA (42 U.S.C. §§ 7511a(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 adopts the suggested

amendments to 35 Ill. Adm. Code 240 to bring the Illinois I/M program into conformity with all

CAA requirements. The rules adopted today incorporate all of the Agency’s suggested changes.

In general, the Board finds that the Agency proposal and supporting documentation

demonstrates that the proposal will enable Illinois to: (1) meet federal and state mandated

enhanced emissions testing requirements, and (2) promote the acceptance of and adherence to the

enhanced I/M program. Specifically, the Board amends the rules to delay the implementation of

“pass/fail” on-board diagnostic testing from January 1, 2001 to January 1, 2002. The Board also

amends the rules to retain current, more lenient “start-up” hydrocarbon and carbon monoxide

emission standards for model year 1981 through model year 1987 light duty vehicles, light duty

trucks 1, and light duty trucks 2. Finally, the Board amends the rules by adding several

definitions, eliminating outdated provisions, and clarifying certain provisions. Changes

suggested by the Joint Committee on Administrative Rules have also been incorporated.

ORDER

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The Clerk is directed to cause filing with the Secretary of State and publication in the

Illinois Register

of the following adopted amendments to the Board’s I/M program at 35 Ill.

Adm. Code 240.

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

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: HEAVY-DUTY DIESEL SMOKE OPACITY STANDARDS AND TEST

PROCEDURES

Section

240.140 Applicability

240.141 Heavy-Duty Diesel Vehicle Smoke Opacity Standards and Test Procedures

SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS

Section

240.151 Applicability

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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

240.165

Vehicle Exhaust Emission Fast-Pass Standards

Compliance Determination

SUBPART F: EVAPORATIVE TEST STANDARDS

Section

240.171 Applicability

240.172 Evaporative System Integrity Test Standards

240.173 Evaporative System Purge Test Standards (Repealed)

SUBPART G: ON-ROAD REMOTE SENSING TEST EMISSION STANDARDS

240.181 Applicability

240.182 On-Road Remote Sensing Emission Standards

240.183 Compliance Determination

SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS

240.191 Applicability

240.192 On-Board Diagnostic Test Standards

240.193 Compliance Determination

240.Appendix A Rule into Section Table

240.Appendix B Section into Rule Table

240.Table A Vehicle Exhaust Emission Start-Up Standards

240.Table B Vehicle Exhaust Emission Final Standards

240.Table C Vehicle Exhaust Emission Fast-Pass Standards

AUTHORITY: Implementing Sections 9, 10 and 13 and authorized by Section 27 and 28.5 of the

Environmental Protection Act [415 ILCS 5/9, 10, 13, and 27, and 28.5] and Section 13B-20 of

the Vehicle Emissions Inspection Law of 1995 [625 ILCS 5/13B-20]. (see Section 10 of P.A. 90-

475, effective August 16, 1997).

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