Attachment 48

Hearing Officer Order, Continuing Hearings 

dated February 3, 2011 

ILLINOIS POLLUTION CONTROL BOARD 

February 3, 2011 

INTIIEMATIER OF: ) 

) 

REVISION OF ENHANCED VEIDCLE ) 

EMISSION INSPECTION AND ) 

MAINTENANCE (liM) REGULATIONS: ) 

AMENDMENTS TO 35 ILL. ADM. CODE ) 

240 ) 

R11-19 

(Rulemaking - Air) 

HEARING OFFICER ORDER 

RECI!IVIID 

CLERK"S OFFICE 

FEB U 3 2011 

STATE OF IWNOIS 

Pollutlot'l Control Board 

In an order dated December 16, 2010, the hearing officer scheduled the first hearing in 

this docket on February 2, 2011, at 1:00PM in Chicago. However, severe winter weather caused 

State offices, including the Board's offices, to close. Accordingly, the hearing officer convened 

the first hearing on February 3, 2011 at 1:00PM and continued it on the record without accepting 

testimony or comment. See 35 Ill. Adm. Code 10 1.300(a). The hearing will continue on 

Thursday, February 10, 2011, at 1:00PM in Room 11-512, the videoconference room of the 

Illinois Pollution Control Board at the James R. Thompson Center, 100 W. Randolph, Chicago. 

On January 18, 2011, the Illinois Environmental Protection Agency (Agency) pre-filed 

the testimony of Mr. Michael Hills. No other witness pre-filed testimony for the first hearing. 

At the continued first hearing, Mr. Hills' pre-filed testimony will be entered into the record as if 

read. See 35 Ill. Adm. Code 102.424(f). The hearing officer intends to begin the hearing with 

Mr. Hills' pre-filed testimony. Participants who have not pre-filed testimony will be allowed to 

testify after the conclusion of Mr. Hills' pre-filed testimony and questions based upon it. Any 

participant who wishes to offer a public comment at the hearing will be allowed to do so as time 

allows at the close of testimony and questions based upon it. In addition, the Board's procedural 

rules include an opportunity to file post-hearing comments. See 35 Ill. Adm. Code 102.108(b). 

The second hearing will take place as originally scheduled on February 23, 2011, in 

Edwardsville. The hearing officer intends to set a deadline to pre-file testimony for the second 

hearing during the continued first hearing on February 10, 2011. 

IT IS SO ORDERED. 

Timothy J. Fox, Hearing Officer 

Illinois Pollution Control Board 

100 W. Randolph St., Suite 11-500 

Chicago, Illinois 60601 

312-814-6085 

foxt@ipcb.state.il.us 

Attachment 49

Record of Hearing held February 3, 2011

(Pages 1-2, 5; full transcript omitted) 

( 

ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF : 

REVISION OF ENHANCED VEHICLE 

EMISSION INSPECTION AND 

MAINTENANCE (I/M) AMENDMENTS 

TO 35 Ill . Adm . Code . 240 . 

Page 1 

R11-19 

(RulemakingAir) 

REPORT OF THE PROCEEDINGS held in t he 

above entitled cause before Hearing Officer Tim 

Fox called by the Illinois Pollution Control 

Board , take'n by Steven Brickey, CSR, for the State 

of Illinois, 100 West Randolph Street, Chicago, 

Illinois, on the 3rd day of February, 2011, 

commencing at the hour of 1:05 
1 

2 

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5 

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10 

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( 12 

13 

14 

1 5 

16 

17 

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19 

20 

21 

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A P P E A R A N C E S 

MR. TIM FOX, Hearing Off icer 

MS. ALISA LIU 

MR. GARY BLANKENSHIP 

MS. CARRIE ZALEWSKI 

MS. ANDREA MOORE 

Page 2 
Page 5 

1 STATE OF ILLINOIS 

( 

2 ss . 

3 COUNTY OF COOK 

4 

5 I, Steven Brickey, Certified Shorthand 

6 Reporter, do hereby certify that I reported in 

7 shorthand the proceedings had at the trial 

8 aforesaid, and that the foregoing is a true, 

9 complete and correct transcript of the proceedings 

10 of said trial as appears from my stenographic 

11 notes so taken and transcribed under my personal 

12 direction. 

(' 

·:.. ... 13 Witness my official signature in and for 

14 Cook County, Illinois, on this day of 

15 f:-~0/!Mt"[ I A.D. I 2 011. 

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( 

24 

Attachment 50

Hearing Officer Order, Hearings 

dated February 10, 2011 

ILLINOIS POLLUTION CONTROL BOARD 

February 10, 2011 

IN THE MATTER OF: ) 

) 

REVISION OF ENHANCED VEHICLE ) 

EMISSION INSPECTION AND ) 

MAINTENANCE (IIM) REGULATIONS: ) 

AMENDMENTS TO 35 ILL. ADM. CODE ) 

240 ) 

Rll-19 

(Rulemaking - Air) 

HEARING OFFICER ORDER 

RCECEIVED LEAK'S OFFICE 

FEB 1 0 2011 

STATE OF IWNOIS 

Pollution Control Board 

In an order dated December 16, 2010, the hearing officer scheduled the first hearing in 

this docket on February 2, 2011, at 1:00 PM in Chicago. However, severe winter weather caused 

State offices, including the Board's offices, to close on that day. Accordingly, the hearing 

officer convened the first hearing on February 3, 2011 at 1:00PM and continued it on the record 

to February 10, 2011, without accepting testimony or comment. See 35 Ill. Adm. Code 

l01.300(a). 

The hearing continued as scheduled on Thursday, February 10,2011, at 1:00PM in 

Room 11-512, the videoconference room of the I11inois Pollution Control Board at the James R. 

Thompson Center, 100 W. Randolph, Chicago. The Board expects to receive the transcript of 

the first hearing on or before Monday, February 14, 2011. 

The December 16, 2010 hearing officer scheduled the second hearing for Wednesday, 

February 23, 2011, in Edwardsville, and the second hearing will take place as scheduled. During 

the first hearing, the hearing officer set a deadline of Wednesday, February 16, 2011, to pre-file 

testimony for the second hearing. The "mailbox rule" at 35 Ill. Adm. Code 101.300 of the 

Board's procedural rules does not apply, and the Board's Clerk must receive this pre-filed 

testimony before the close of business on Wednesday, February 16, 2011. 

IT IS SO ORDERED. 

Timothy J. Fox, Hearing Officer 

Illinois Pollution Control Board 

100 W. Randolph St., Suite 11-500 

Chicago, Illinois 60601 

312-814-6085 

foxt @ipcb.state.il. us 

Attachment 51

Record of Hearing held February 10, 2011

(Pages 1-3, 17; full transcript omitted) 

( 

( 

·:., .. 

Page 1 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

REVISION OF ENHANCED VEHICLE 

INSPECTION AND MAINTENANCE (I/M) 

REGULATIONS, AMENDMENTS TO 35 

ILLINOIS ADMINISTRATIVE CODE 

PART 240. 

No. 2011-109 

rECE~VED CLERK'S OFFICE 

tEe· :1 -4 · 2011 

STATE OF IWNOIS 

Pollution Control Board 

TRANSCRIPT FROM THE PROCEEDINGS 

taken before the HEARING OFFICER TIMOTHY FOX by 

LORI Al~N ASAUSKAS, CSR, RPR, a notary public 

within and for the County of Cook and State of 

Illinois, at Room 11-500 of the Illinois Pollution 

Control Board, Chicago, Illinois, on the lOth day 

of February, 2011, A.D., at 1:00 0 1 clock p.m. 
( 

1 A P P EAR AN C E S : 

3 

4 

ILLINOIS POLLUTION CONTROL BOARD, 

100 West Randolph Street 

Suite 11-500 

Chicago, Illinois 60601 

(312) 814-3461 

Page 2 

BY: MR. TIMOTHY FOX, HEARING OFFICER 

5 

6 BOARD MEMBERS PRESENT : 

7 

8 Ms. Carrie Zalewski 

9 Mr. Anand Rao 

10 Ms . Andrea Moore 

11 Mr. Gary Blankenship 

12 

1 3 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: 

14 

15 

16 

17 

18 

Mr . Kenneth Mohr 

Mr. Michael S. Hills 

Mr. Stephen W. Thorpe 

19 ALSO PRESENT : 

20 

21 

22 

23 

24 

Ms. Carol Pers on, USEPA 

Mr . Christopher Demeroukas, USEPA 

Mr . Franc isco J. Acevedo , USEPA 
( 

\ 

( 

Page 3 

1 I N D E X 

2 

3 PAGES 

4 Introduction by Hearing Officer Fox ... . ... 4 - 8 

5 Opening by Mr. Mohr .. . .... . ............. . . 9- 12 

6 Closing Remarks by Hearing Officer Fox .... 12- 15 

7 

E X H I B I T S 

8 

Marked Admitted 

9 

1 0 Hearing Exhibit No. 1 .......... . . .. 8 8 

11 

12 

13 

14 

15 

16 

17 

18 

19 

2 0 

21 

22 

23 

24 
Page 17 

l STATE OF ILLINOIS f 

\ 

2 ss. 

3 COUNTY OF C 0 0 K 

4 

5 

6 I, LORI ANN ASAUSKAS, CSR, RPR, 

7 do hereby state that I am a court reporter doing 

8 business in the City of Chicago, County of Cook, 

9 and State of Illinois; that I reported by means 

10 of machine shorthand the proceedings held in the 

1.1 foregoing cause, and that the foregoing is a tru e 

12 and cor rect transcript of my shorthand notes so 

13 taken as aforesaid. 

14 

15 

16 

17 Lori Ann Asauskas, CSR, RPR. 

18 Notary Public, Cook County, Illinois 

19 

20 SUBSCRIBED AND SWORN TO 

before me this day 

21 of , A.D., 2011 . 

22 

23 No t ary Public 

24 

( 
Attachment 52

Exhibit from Hearing held February 10, 2011 

Testimony of Michael Hills

(Omitted, see Attachment 46) 

Attachment 53

Record of Hearing held February 23, 2011

(Page 1; full transcript omitted) 

f ' ,. 

\. 

('1; 

\ 

~... .. 

Page l 

BEFORE THE 

ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF : 

DOCKET NO . 

R11-19 

REVISION OF ENHANCED VEHICLE 

INSPECTION AND MAINTENANCE (I/M) 

REGULATIONS: AMENDMENTS TO 35 

ILL. ADM. CODE PART 240 A~Cr!BVED CLERK'S OFFICE 

' fEB 2 4 2011 

STATE OF ILUNOJS 

Pollution Control Board 

Hearing held, pursuant to notice , on Wednesday , 

February 23, 2011 , at the hour o f 9 : 00 a .m. at 157 

N. Main Street, Edwardsville, Illinois, before 

TIMOTHY FOX, duly appointed Hearing Officer. 

L .A. REPORTING SERVICE 

(3 12)419 - 9292 

REPORTER: LAUREL A. PATKES , CSR #084-001340 

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Attachment 54

Agency Post-Hearing Comments 

dated March 3, 2011 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

REVISION OF ENHANCED VEHICLE 

EMISSION INSPECTION AND 

MAINTENANCE (I!M) REGULATIONS: 

AMENDMENTS TO 35 ILL. ADM. CODE 

240 

) 

) 

) 

) 

) 

) 

) 

Rll-19 

(Rulemaking- Air) 

NOTICE 

TO: Jolm Therriault, Clerk 

Illinois Pollution Control Board 

James R. Thompson Center 

100 West Randolph, Suite 11-500 

Chicago, Illinois 60601 

Matthew Dunn, Chief 

Division of Environmental Enforcement 

Office of the Attorney General 

James R. Thompson Center 

69 West Washington, Suite 1800 

Chicago, Illinois 60602 

Virginia Yang, Deputy Legal Counsel 

Illinois Department ofNatural Resources 

One Natural Resources Way 

Timothy J. Fox 

Hearing Officer 

Illinois Pollution Control Board 

100 W. Randolph St., Suite 11-500 

Chicago, Illinois 60601 

Springfield, IL 62702-1271 

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Pollution Control 

Board the POST-HEARING COMMENTS OF THE ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY, a copy of which is herewith served upon you. 

DATED: March 3, 2011 

1 02 1 N. Grand A venue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

(217) 782-5544 

(217) 782-9143 (TDD) 

Respectfully submitted, 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By~~ iZ'entE. Mohr Jr. 

Assistant Counsel 

Division of Legal Cm.msel 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

REVISION OF ENHANCED VEHICLE 

EMISSION INSPECTION AND 

MAINTENANCE (1/M) REGULATIONS: 

AMENDMENTS TO 35 ILL. ADM. CODE 

240 

) 

) 

) 

) 

) 

) 

) 

Rll-19 

(Rulemaking- Air) 

POST-HEARING COMMENTS OF THE ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

The ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ("Illinois EPA"), by and 

through its attomey, hereby submits its post-hearing comments in the above rulemaking 

proceeding. The Illinois EPA has reviewed the transcript of the February 10, 2011, hearing and 

provides one clarification regarding the scrivener's error made by the Joint Committee on 

Administrative Rules ("JCAR"). The Illinois EPA filed this rulemaking on December 8, 2010. 

As part of that filing and among other amendments, the Illinois EPA proposed to repeal the terms 

"loaded mode or" within the definition of"preconditioning mode" in Section 240.102. On 

December 27, 2010, the Illinois Secretary of State's Office ("SOS") submitted a letter to the 

Pollution Control Board (Board) indicating that the rule would be published in the Illinois 

Register at 35 Ill. Reg. 129 (January 3, 2011), and included a copy of the proposed rule. On 

January 20, 2011, JCAR submitted a 1

51 Notice version of the proposed rule to the Board. As the 

Illinois EPA stated at the February 10, 2011, hearing, JCAR's 1st Notice version of the proposed 

rule mistakenly omitted the Illinois EPA's proposed repeal of the terms "loaded mode or." The 

Illinois EPA clarifies that the version of the proposed rule published in the Illinois Register (3 5 

Ill. Reg. 129 (January 3, 2011)) does contain this scrivener's error. However, the version of the 
proposed rule included with SOS's December 27,2010, letter does not contain this scrivener's 

error. 

Again, the Illinois EPA requests and recommends that the Board address this issue with 

JCAR and have the scrivener's error corrected to ensure a clean adoption of the proposed rule. 

DATED: March 3, 2011 

1021 Nmih Grand Avenue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

(217) 782-5544 

(217) 782-9143 (TDD) 

2 

Respectfully Submitted, 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By: ~ 

kdL.rv:b 

Kent E. Mohr Jr. 

Assistant Cotmsel 

Division of Legal Counsel 
STATE OF ILLINOIS 

COUNTY OF SANGAMON 

) 

) 

) 

ss 

CERTIFICATE OF SERVICE 

I, the undersigned, an attomey, state that I have served electronically the attached 

POST-HEARING COMMENTS OF THE ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY upon the following persons: 

Jolm Therriault, Clerk 

Illinois Pollution Control Board 

James R. Thompson Center 

100 West Randolph St., Suite 11-500 

Chicago, Illinois 60601 

Virginia Yang, Deputy Legal Counsel 

Illinois Department of Natural Resources 

One Natural Resources Way 

Springfield, IL 62702-1271 

virginia.yang@,illinois.gov 

DATED: March 3, 2011 

1 021 N. Grand A venue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

(217) 782-5544 

Matthew Dmm, Chief 

Division ofEnvironmental Enforcement 

Office of the Attomey General 

James R. Thompson Center 

69 West Washington, Suite 1800 

Chicago, Illinois 60602 

mdunn@atg. state. il. us 

Timothy J. Fox 

Hearing Officer 

Illinois Pollution Control Board 

100 W. Randolph St., Suite 11-500 

Chicago, Illinois 60601 

.fQhl@i]c b. state .il. us 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

Assistant Counsel 

Division of Legal Counsel 
Attachment 55

Final Order, Adopted Rule 

Opinion and Order of the Board by A.S. Moore 

dated March 17, 2011 

ILLINOIS POLLUTION CONTROL BOARD

March 17, 2011

IN THE MATTER OF:

REVISION OF ENHANCED VEHICLE 

EMISSION INSPECTION AND 

MAINTENANCE (I/M) REGULATIONS: 

AMENDMENTS TO 35 ILL. ADM. CODE 

PART 240

)

)

)

)

)

)

)

R11-19

(Rulemaking - Air)

Adopted Rule. Final Opinion and Order.

OPINION AND ORDER OF THE BOARD (by A.S. Moore):

The Board today adopts amendments to Part 240 of its air pollution regulations, which 

establishes emission standards and limitations for mobile sources. 35 Ill. Adm. Code 240. The 

amendments will become final upon filing with the Secretary of State.

On December 8, 2010, the Illinois Environmental Protection Agency (Illinois EPA or 

Agency) filed a rulemaking proposal pursuant to authorities including Section 20 of the Vehicle 

Emissions Inspection Law of 2005 (VEIL of 2005). 625 ILCS 5/13C-20 (2008). Section 20 of 

the VEIL of 2005 provides that Section 27(b) of the Environmental Protection Act (Act) (415 

ILCS 5/27(b) (2008)) and the rulemaking provisions of the Illinois Administrative Procedure Act 

(5 ILCS 100/1-1 et seq. (2008)) “do not apply to rules adopted by the Board under this 

subsection [(a)].” 625 ILCS 13C-20(a) (2008). In addition, the VEIL of 2005 requires the Board 

to adopt rules within 120 days after the Agency proposes standards, or by April 7, 2011. Id.

In this proceeding, the Agency seeks to amend Illinois’ vehicle emission inspection 

program by repealing various emissions test standards and updating definitions and 

incorporations. In an order dated December 16, 2010, the Board published the proposal for 

public comment without addressing its substantive merits. 35 Ill. Reg. 129-68 (Jan. 3, 2011).

In this opinion and order, the Board first provides the procedural history and legal 

background of this rulemaking docket. Next, the Board summarizes the Agency’s proposal and 

the single post-hearing comment on it before addressing the issues of technical feasibility and 

economic reasonableness. After summarizing the adopted rules on a section-by-section basis, 

the Board reaches its conclusion and directs the Clerk to provide publication of the adopted rules 

in the Illinois Register.

PROCEDURAL HISTORY

On December 8, 2010, the Agency filed a rulemaking proposal to amend Part 240 of the 

Board’s air pollution regulations (Prop.). Among the documents accompanying the petition were 

a Statement of Reasons (SR), a Technical Support Document (TSD), and a motion for waiver of

copy requirements.
2

On December 16, 2010, the Board accepted the proposal for hearing and directed the 

Clerk to publish it in the Illinois Register as a proposal for public comment. See 35 Ill. Reg. 129-

68 (Jan. 3, 2011). The Board also granted the Agency’s motion for waiver of copy requirements.

In an order dated December 16, 2010, the hearing officer scheduled two hearings, the 

first on February 2, 2011, in Chicago and the second on February 23, 2011, in Edwardsville. The 

order also set a deadline of January 19, 2011, to pre-file testimony for the first hearing. On 

January 18, 2011, the Agency pre-filed the testimony of Mr. Michael Hills (Hills Test.). Mr. 

Hills’ testimony included one exhibit, a federal guidance document entitled “Considerations for 

State I/M Program Optimization” (Exh. A).

Blizzard conditions on February 2, 2011, severely impeded travel and caused State 

offices, including the Board’s offices, to close. The hearing officer convened the first hearing on 

February 3, 2011, and continued it on the record to February 10, 2011. See 35 Ill. Adm. Code 

101.300(a). The hearing resumed as scheduled, and the Board received the transcript of the first 

hearing (Tr.1) on February 14, 2011.

The second hearing took place as scheduled on February 23, 2011, and the Board 

received the transcript of the second hearing (Tr.2) on February 24, 2011. In an order dated 

February 24, 2011, the hearing officer set a deadline of March 4, 2011, to file post-hearing 

comments.

On February 24, 2011, the Agency filed a motion to correct the transcript of the first 

hearing. In an order dated February 25, 2011, the hearing officer granted, with one modification, 

the Agency’s motion to correct.

On March 3, 2011, the Agency filed its post-hearing comments (PC 1). The Board 

received no other post-hearing comments.

LEGAL BACKGROUND

Clean Air Act

Section 182 of the federal Clean Air Act (CAA) requires states to implement vehicle 

inspection and maintenance (I/M) programs in areas that do not meet the National Ambient Air 

Quality Standards (NAAQS) for ozone. SR at 3, citing 42 U.S.C. § 7511a. Areas that do not 

meet these standards are known as “nonattainment” areas. The Agency reports that 1990 CAA 

amendments required “the use of ‘basic’ or ‘enhanced’ I/M programs and required USEPA 

[United States Environmental Protection Agency] to develop different performance standards for 

these two programs.” SR at 3, citing 57 Fed. Reg. 52950 (Nov. 5, 1992). The Agency states that 

“[b]asic I/M programs are required in ‘marginal’ ozone nonattainment areas with existing I/M 

programs and in ‘moderate’ ozone nonattainment areas.” SR at 3, citing 42 U.S.C. § 7511a. The 

Agency further states that “[e]nhanced I/M programs are required in ‘serious,’ ‘severe,’ and 

‘extreme’ ozone nonattainment areas with urbanized populations of 200,000 or more.” SR at 3, 

citing 42 U.S.C. § 7511a.
3

The Agency states that Illinois includes two nonattainment areas: “the Chicago 

metropolitan area which was classified as ‘severe’ under the revoked 1-hour ozone standard and 

now classified as ‘moderate’ under the current 8-hour standard; and the Metro-East St. Louis 

area, which was re-designated to attainment of the 1-hour standard and is now classified as 

‘moderate’ nonattainment for ozone under the current 8-hour standard.” SR at 3-4, citing 40 

C.F.R. § 81.314. The Agency indicates that “Illinois continues to implement enhanced I/M in 

both the Chicago and Metro-East St. Louis areas as part of its strategy to meet attainment of the 

ozone standard.” SR at 4.

The Agency states that “USEPA has promulgated final regulations containing emissions 

testing standards and procedures for use in enhanced I/M testing programs, which it has amended 

over the years.” SR at 4, citing 40 C.F.R Part 51, Subpart S; 40 C.F.R. Part 85, Subpart W. The 

Agency further states that, pursuant to these federal regulations, Illinois has enacted and 

amended the VEIL addressing enhanced I/M testing. SR at 4, citing 625 ILCS 5/13C (2009). 

The Board in Part 240 has adopted test standards necessary for implementation of enhanced I/M,

and the Agency has adopted procedural rules incorporating required program elements. SR at 4,

5 (citations omitted); see 35 Ill. Adm. Code 276 (Procedures to be Followed in the Performance 

of Inspections of Motor Vehicle Emissions). The Agency adds that it submitted these 

regulations to USEPA Region V and that they have been approved as revisions to Illinois’ State 

Implementation Program. Id. at 5 (citations omitted). 

Statutory Authority for Rulemaking

The Agency first cites Sections 10(A), 27(a), and 28 of the Act as sources of the Board’s 

general authority to adopt air pollution regulations. SR at 2, citing 415 ILCS 5/10(A), 27(a), 28

(2008). The Agency states that, “[i]n addition, this proposal is being filed under the authority of 

Section 13C-20(a) of the VEIL of 2005.” SR at 2, citing 625 ILCS 5/13C-20(a) (2008).

Section 13C-20(a) of the VEIL of 2005 provides in pertinent part that 

[t]he rules and emission standards adopted under subsection (a) of Section 13B-20

of this Code1

1 Chapter 13B, the Vehicle Emissions Inspection Law of 1995, was added by Public Act 88-533,

effective January 18, 1994. Section 13B-99 provided that “[t]his Chapter 13B is repealed on 

July 1, 2007.” 625 ILCS 5/13B-99 (2006). When in effect, Section 13B-20 provided in 

pertinent part that

shall apply to the program established under this Chapter and 

continue in effect until amended or repealed by the Board under this subsection.

[t]he Agency shall propose standards necessary to achieve reductions in the 

emission of hydrocarbons, carbon monoxide, and oxides of nitrogen from motor 

vehicles subject to inspection under this Chapter. Within 120 days after the 

Agency proposes these standards, the Board shall adopt rules establishing 

standards for the emission of hydrocarbons, carbon monoxide, and oxides of 

nitrogen from motor vehicles subject to inspection under this Chapter. These 
4

The Agency shall propose any other standards necessary to achieve reductions in 

the emission of hydrocarbons, carbon monoxide, and oxides of nitrogen from

motor vehicles subject to inspection under this Chapter. Within 120 days after the 

Agency proposes those standards, the Board shall adopt any necessary rules 

establishing standards for the emission of hydrocarbons, carbon monoxide, and 

oxides of nitrogen from motor vehicles subject to inspection under this Chapter. 

The rules may be amended from time to time pursuant to Agency proposals. The 

Board shall set standards necessary to achieve the reductions in vehicle 

hydrocarbons, carbon monoxide, and oxides of nitrogen emissions, as determined 

by the applicable vehicle emission estimation model and rules developed by the 

United States Environmental Protection Agency, that are required by the federal 

Clean Air Act.

* * *

Except as otherwise provided in this subsection, subsection (b) of Section 27 of 

the Environmental Protection Act and the rulemaking provisions of the Illinois 

Administrative Procedure Act do not apply to rules adopted by the Board under 

this subsection. 625 ILCS 5/13C-20(a) (2008).

The Agency clarifies that its rulemaking “is not being proposed as an identical-in-substance, fasttrack or federally required rulemaking.” SR at 2; see 415 ILCS 5/7.2 (identical-in-substance), 

28.2 (federally required), 28.5 (fast-track).

SUMMARY OF AGENCY PROPOSAL

The Agency states that, when USEPA promulgated I/M regulations in 1992, it reserved 

sections of those regulations pending development of onboard diagnostic (OBD) testing. SR at 

6, citing 57 Fed. Reg. 52950 (Nov. 5, 1992). The Agency further states that USEPA first 

established OBD I/M requirements for I/M performance standards in 1996. SR at 6, citing 61 

Fed. Reg. 40940 (Aug. 6, 1996). The 1996 amendments also established mandatory OBD testing 

rules may be amended from time to time pursuant to Agency proposals. The 

Board shall set standards necessary to achieve the reductions in vehicle 

hydrocarbons, carbon monoxide, and oxides of nitrogen emissions, as determined

by the applicable vehicle emission estimation model and rules developed by the 

United States Environmental Protection Agency, that are required by the federal 

Clean Air Act.

* * *

Except as otherwise provided in this subsection, subsection (b) of Section 27 of 

the Environmental Protection Act and the rulemaking provisions of the Illinois 

Administrative Procedure Act do not apply to rules adopted by the Board under 

this subsection. 625 ILCS 5/13B-20(a) (2006); see Enhanced Vehicle Inspection 

and Maintenance (I/M) Regulations: Amendments to 35 Ill. Adm. Code 240,

R01-12 (Dec. 7, 2000) (adopting amendments filed under Section 13B-20).

Chapter 13C, the VEIL of 2005, was added by Public Act 94-526, effective January 1, 2006.
5

of 1996 and newer vehicles. SR at 6, citing 61 Fed. Reg. 40940 (Aug. 6, 1996). The Agency 

indicates that federal regulations “did not require implementation of OBD testing until 1998 or 

1999 depending on the area, and a vehicle required to have an OBD test would not fail the 

overall vehicle inspection and maintenance test if it failed the OBD test until January 1, 2000.”

SR at 6, citing 61 Fed. Reg. 40940 (Aug. 6, 1996).

The Agency states that, “[i]n 1998, USEPA amended the I/M rule to delay the date by 

which I/M programs had to implement OBD testing to no later than January 1, 2001, due to 

pending studies of the effectiveness of OBD testing.” SR at 6, citing 63 Fed. Reg. 24429 (May 

4, 1998). The Agency states that USEPA in 2001 adopted regulations providing states with 

options to extend the deadline to implement OBD testing, “ultimately allowing until January 1, 

2003, for implementation, plus an optional phase-in of OBD testing for one test cycle.” SR at 6, 

citing 66 Fed. Reg. 18156 (Apr. 5, 2001).

The Agency indicates that “OBD I/M pass/fail testing is now required for all subject 

vehicles of model year 1996 and newer.” SR at 6, citing 40 C.F.R. §§ 51.351(c), 51.357(b)(4). 

The Agency further indicates that states may rely on the OBD I/M test “in lieu of the obsolete 

and non-beneficial IM240 [transient loaded mode] and other exhaust and evaporative tests.” SR 

at 6, citing 40 C.F.R. § 51.357(a)(12); 66 Fed. Reg. 18156 (Apr. 5, 2001). The Agency also 

states that “federal regulations allow states to vary vehicle model year coverage from USEPA’s 

model program assumptions regarding model year coverage provided necessary emission 

reductions are achieved.” SR at 6-7, citing 40 C.F.R. § 51.356.

The Agency states that the Illinois General Assembly in 1984 first adopted a Vehicle 

Emissions Inspection Law and established authority for an I/M program. SR at 7, citing 625 

ILCS 5/13A (1984). The Agency further states that the General Assembly in 1994 “adopted the 

VEIL of 1995 which provided authority for the Agency to implement enhanced I/M.” SR at 7,

citing 625 ILCS 5/13B (1995). The Agency adds that the VEIL of 1995 also “provided for 

testing of model year 1968 and newer subject vehicles, centralized testing (test-only, no repair), 

and required inspections to consist of a loaded mode exhaust gas analysis, evaporative system 

integrity test, OBD system check, and verification that all required emission-related recall repairs 

were made, among other requirements.” SR at 7, citing 625 ILCS 5/13B (1995).

The Agency adds that the General Assembly in 2005 adopted the VEIL of 2005, which, 

among other elements, “added the OBD test as the primary I/M test and maintained the steadystate idle exhaust and evaporative system integrity test as secondary tests, removed the transient 

loaded mode test, exempted vehicles of model year 1995 and older from I/M testing, and allowed 

for a hybrid program (emissions testing and repair).” SR at 7; see TSD at 2, Hills Test. at 2. The 

Agency claims that the VEIL of 2005 is based upon amended federal regulations requiring 

mandatory OBD pass/fail testing and programmatic improvements necessary for the Illinois 

enhanced program. See SR at 7, Hills Test. at 1.

The Agency states that the purpose of its proposal “is to repeal the IM240 test emission 

standards, including corresponding definitions and references.” SR at 7. The Agency claims 

that “[t]he effect of repealing the IM240 test emission standards is to essentially reflect full 
6

applicability of federal OBD pass/fail testing in accordance with, and as required by, federal law 

and the VEIL of 2005.” Id. at 7-8.

The Agency states that an additional purpose of its proposal is “to repeal all pre-1996 test 

emission standards as a result of the exemption of 1995 and older vehicles from emissions 

testing in accordance with the VEIL of 2005.” SR at 8; see 625 ILCS 5/13C-15 (2008). The 

Agency elaborates that “[t]his includes pre-1996 test emissions standards for the steady-state idle 

exhaust, evaporative system integrity, and on-road remote sensing tests.” SR at 8.

The Agency states that “[a]ll other test standards (OBD, steady-state idle exhaust, 

evaporative system integrity, and on-road remote sensing) remain in the rule.” Id. at 8. In his 

pre-filed testimony, Mr. Hills states that “the steady-state idle and evaporative tests are still 

applicable for 1996 and newer vehicles that cannot receive an OBD test.” Hills Test. at 2. He 

adds that “the on-road remote sensing test is still applicable to 1996 and newer vehicles.” Id. at 

2-3. He states that the proposal modifies standards applicable to these other tests “to apply only 

to 1996 and newer vehicles.” Id. at 3.

The Agency adds that its proposal also consists of updates, corrections, and other minor 

amendments. SR at 8; see Hills Test. at 3. The Agency notes that it is concurrently amending its 

own procedural rules to reflect federal authorities and the VEIL of 2005. Id. at 8; see 35 Ill. 

Adm. Code 276 (Procedures to be Followed in the Performance of Inspection of Motor Vehicle 

Emissions).

AGENCY POST-HEARING COMMENTS (PC 1)

On March 3, 2011, the Agency filed its post-hearing comments. The Agency notes that 

its original rulemaking proposal sought to strike the term “loaded mode or” from the existing 

definition of “preconditioning mode.” PC 1 at 1; Prop. at 6; Revision of Enhanced Vehicle 

Emission Inspection and Maintenance (I/M) Regulations: Amendments to 35 Ill. Adm. Code 

240, R11-19, slip op. at 11 (Dec. 16, 2010) (submitting proposal to public comment). The 

Agency states that publication of the proposal for public comment did not strike that term. PC 1 

at 1; see 35 Ill. Reg. 138 (Jan. 3, 2011). The Agency stresses that it is the Illinois Register

publication of this proposal that includes the error. See PC 1 at 1-2. The agency requests that 

the Board correct this error. Id. at 2; Tr.1 at 10.

As it did in submitting this proposal to publication on December 16, 2010, the Board 

below adopts regulations reflecting the Agency’s proposed definition of “preconditioning mode” 

and will submit adopted regulations reflecting that corrected definition to publication.

DISCUSSION

Request for Economic Impact Study Not Required

Section 27(b)(1) of the Act provides that, before adopting rules that are not administrative 

in nature, the Board must “request that the Department of Commerce and Economic Opportunity 

[DCEO] conduct a study of the economic impact of the proposed rules. The Department may 
7

within 30 to 45 days of such request produce a study of the economic impact of the proposed 

rule.” 415 ILCS 5/27(b)(1). However, Section 20(a) of the VEIL of 2005 provides in pertinent 

part that, “[e]xcept as otherwise provided in this subsection, subsection (b) of Section 27 of the 

Environmental Protection Act . . . do[es] not apply to rules adopted by the Board under this 

subsection.” 625 ILCS 5/13C-20(a) (2008). The subsection contains no exception clearly 

applicable to the Board in this proceeding. See id. Consequently, the Board has not requested 

that the DCEO conduct an economic impact study.

JCAR Request for Economic and Budgetary Analysis

On January 20, 2011, JCAR filed a request under Section 5-40(c) of the Illinois 

Administrative Procedure Act (APA) for an economic and budgetary analysis of this rulemaking.

However, the VEIL of 2005 provides in pertinent part that, “[e]xcept as otherwise provided in 

this subsection, . . . the rulemaking provisions of the Illinois Administrative Procedure Act do 

not apply to rules adopted by the Board under this subsection.” 625 ILCS 5/13C-20(a) (2008).

The subsection contains no exception clearly applicable to the Board in this proceeding. See id.

Although this specific APA analysis is not required, the Board below under Section 27(a) of the 

Act assesses the economic reasonableness and technical feasibility of the Agency’s proposal.

See 415 ILCS 5/27(a) (2008); see also Tr.1 at 13-15.

Affected Regions and Sources

The Agency’s proposal affects the following jurisdictions in the Chicago and Metro-East 

St. Louis areas defined by the VEIL of 2005 as “affected counties:” Cook, DuPage, and Lake 

Counties and specified portions of Kane, Kendall, McHenry, Will, Madison, Monroe, and St. 

Clair Counties. 625 ILCS 5/13C-5 (2008) (Definitions); see SR at 8. The Agency states that its 

proposal affects vehicles subject to the requirements of the VEIL of 2005 and the owners of 

those vehicles. SR at 8; see 625 ILCS 5/13C-15(b) (2008). The Agency adds that it has not 

listed affected sources “due to the burden of compiling such a substantial list of sources.” SR at 

8. The Agency notes that “for the year 2008/2009 test cycle, there were approximately 3.2 

million initial tests conducted in the State. For the 2012/2013 test cycle, the Illinois EPA 

estimates that there will be 3.6 million initial tests conducted in the state.” Id. The Agency 

argues that its proposal will not have a negative overall effect on these sources because the 

proposal “reduces the population of affected vehicles and does not impose any additional 

requirements.” Id. at 8-9.

Technical Feasibility

Eliminating IM240 Testing

The Agency states that federal regulations have replaced IM240 test emission standards 

with the OBD test standards as the primary inspection test standards. See TSD at 3; SR at 6, 9 

(citations omitted); Hills Test. at 2. The Agency emphasizes that various authorities require the 

OBD pass/fail test and that “federal regulations allow the OBD test to replace other emissions 

tests, such as the IM240 test.” SR at 9; see id. at 6 (citations omitted); TSD at 3; Hills Test. at 2. 

With Illinois’ full implementation of the OBD pass/fail test under the VEIL of 2005, “a vehicle 
8

failing the OBD test was no longer allowed a fallback exhaust test.” TSD at 3, citing 625 ILCS 

5/13c-25(c) (2008). The Agency claims that “[t]his greatly reduced the number of IM240 tests 

conducted in the program.” TSD at 3. In his pre-filed testimony, Mr. Hills notes that the 

Agency’s proposed elimination of the IM240 test requires no new technology and imposes no 

new requirements. Hills Test. at 2; see SR at 9. The Board finds that eliminating the IM240 test 

from Illinois’ vehicle emission inspection program is technically feasible.

Exemption of Pre-1996 Model Year Vehicles

In its TSD, the Agency argues that the General Assembly adopted the VEIL of 2005 to 

achieve goals including designing “a test program around the fleet of vehicles that will exist in 

2007 through 2013.” TSD at 3. The Agency projects that “the percentage of vehicles that are 

1995 model year or older will fall from 27% in 2007 to 5% in 2013. Id., citing The Road to 

OBD Only Insights and Changes at 11. The Agency concluded that it “could find no 

justification for maintaining a test procedure that would only be used on 5% of the vehicle fleet 

in the out-years of the test program, especially given the cost of maintaining this test procedure.” 

TSD at 3. In his pre-filed testimony, Mr. Hills notes that the General Assembly has “exempted 

pre-1996 model years in the I/M Program.” Hills Test. at 2. He also notes that the Agency’s 

proposed exemption of these vehicles requires no new technology and imposes no new 

requirements. Id. at 3. The Board finds that exempting pre-1996 vehicles from Illinois’ I/M 

program is technically feasible.

Economic Reasonableness

Eliminating IM240 Testing

In its TSD, the Agency argues that the General Assembly adopted the VEIL of 2005 to 

achieve goals including a dramatic reduction in the cost of Illinois’ vehicle emission inspection 

program. TSD at 3. In his pre-filed testimony, Mr. Hills noted that the program performed 

IM240 testing on a small and declining percentage of vehicles. Hills Test. at 2; see The Road to 

OBD Only Insights and Changes at 11 (Percentage of Northeastern Illinois LDV Fleet of MY 

1996 or Newer). He also stated that, because the cost of IM240 testing “was significantly higher 

than OBD testing,” the Legislature eliminated the requirements for any transient loaded mode 

testing in Illinois’ program. Id.; TSD at 2.

Furthermore, Mr. Hills argues that continued reliance on IM240 testing would provide 

“negligible emission reduction benefits.” Hills Test. at 2, citing Exh. A (Considerations for State 

I/M Program Optimization); see The Road to OBD Only Insights and Changes at 8, 22. The 

TSD projects that approximately 90 percent of VOM emissions reductions in the expected 2012 

fleet of Illinois vehicles would come from OBD-equipped vehicles. TSD at 3, citing Reinventing 

the Illinois I/M Program at 19. In his pre-filed testimony, Mr. Hills notes that the Agency’s 

proposed elimination of the IM240 test requires no new technology and imposes no new 

requirements. Hills Test. at 2; see SR at 9. The Board finds that eliminating the IM240 test from 

Illinois vehicle emission inspection program is economically reasonable.
9

Exemption of Pre-1996 Model Year Vehicles

In its TSD, the Agency states that

exempting pre-1996 model year vehicles and dropping the IM240 test in the 

Illinois I/M program would result in the loss of VOC emissions reductions of 

approximately 4.8 tons per day for the Chicago non-attainment area and 0.8 tons 

per day for the Metro-East non-attainment area in 2009. However, by 2013, this 

loss would fall to 1.0 ton per day in Chicago and 0.3 tons per day in Metro East as 

the percentage of OBD-equipped vehicles increases in each respective fleet. TSD 

at 4, citing VOC Reduction (TPD) for the Chicago Area from the Pre-’07 I/M 

Program and the ’07-On I/M Program; VOC Reduction (TPD) for the Metro-East 

Area from the Pre-’07 I/M Program and the ’07-On I/M Program.

The Agency reports that “[t]his small loss in emissions reductions has been accounted for in the 

8-hour ozone and PM2.5 attainment demonstrations, as well as the respective mobile source 

emissions budgets used in conducting transportation conformity.” TSD at 4. In his pre-filed 

testimony, Mr. Hills argues that, “[a]s there is no new technology or requirements imposed by 

this rulemaking ad the VEIL of 2005 results in decreased costs associated with the I/M Program, 

the Agency’s proposal is economically reasonable.” Hills Test. at 3. The Board concurs and 

finds that exempting pre-1996 vehicles from Illinois’ I/M program is economically reasonable.

Summary

As addressed in the preceding subsections of this opinion, the Board has reviewed the 

record in this proceeding and found that the proposal to eliminate the IM240 test and to exempt 

pre-1996 vehicles from Illinois’ I/M program is both technically feasible and economically 

reasonable. While the Agency proposed additional revisions to Part 240, they conform existing 

regulations to the amendments described above, reflect adoption of the VEIL of 2005, and make 

other non-substantive changes. Consequently, the Board finds that the entire proposal is 

technically feasible and economically reasonable and concludes below to adopt amendments to 

Part 240.

SECTION-BY-SECTION SUMMARY OF THE ADOPTED RULES

In the following subsections of its opinion, the Board on a section-by-section basis 

summarizes the record in support of the adopted amendments to its vehicle emissions inspection 

regulations. See 35 Ill. Adm. Code 240.

Subpart A: Definitions and General Provisions

Section 240.102 Definitions

Existing Section 240.102 establishes definition of terms used in Part 240 and also refers 

to definitions specified in Parts 201 and 211 of the Board’s air regulations. 35 Ill. Adm. Code 
10

240.102; see 35 Ill. Adm. Code 201, 211. The section also provides that, “[w]here conflicting 

definitions occur, the definitions of this Section apply in this Part.” 35 Ill. Adm. Code 240.102.

The Board clarifies that definitions in the VEIL of 2005 also apply to terms used in this 

part. SR at 10; Prop. at 3; see 625 ILCS 5/13C (2008) (VEIL of 2005). The Board also clarifies

that, “[w]here conflicting definitions occur between this Section and 35 Ill. Adm. Code 201 or 

211, the definitions of this Section apply in this Part.” Prop. at 3.

The Board repeals the following definitions, each of which relates to the repealed IM240 

test emission standards: “adjusted loaded vehicle weight (ALVW),” “IM240,” “loaded mode,” 

“loaded vehicle weight (LVW)”, and “transient loaded mode test.” SR at 10, TSD at 2, Prop. at 

3-6. The Board also repeals the definition of “full power position” because Part 240 no longer 

refers to it. SR at 10, TSD at 2, Prop. at 4. In addition, the Board revises the definitions of 

“steady-state idle test” and “preconditioning mode” to reflect “the removal of the loaded preconditioning mode requirement in the steady-state idle exhaust test.” SR at 10, TSD at 2, Prop. 

at 6; see Tr.1 at 10, PC 1 at 1.

Section 240.104 Inspection

Existing Section 240.104 refers to emission standards with which various subject vehicles 

must comply. 35 Ill. Adm. Code 240.104; see SR at 10-11. The Board strikes cross-references 

to Sections 240.162 and 240.163, both of which relate to the repealed IM240 test emission 

standards. SR at 11, TSD at 4, Prop. at 7. The Board also updates a reference to the VEIL of 

1995. SR at 11, TSD at 4, Prop. at 7.

Section 240.105 Penalties

Existing Section 240.105 establishes penalties for violation of Part 240. 35 Ill. Adm. 

Code 240.105. The Board strikes cross-references to Sections 240.162 and 240.163, both of 

which relate to the repealed IM240 test emission standards. SR at 11, TSD at 4, Prop. at 7. The 

Board also updates references to the VEIL of 1995 and makes a grammatical revision. SR at 11, 

TSD at 4, Prop. at 7.

Section 240.106 Determinations of Violation

Existing Section 240.106 establishes methods for determining violations of the standards 

established in Part 240. 35 Ill. Adm. Code 240.106. The Board strikes cross-references to 

Sections 240.162 and 240.163, both of which relate to the repealed IM240 test emission 

standards. SR at 11, TSD at 4, Prop. at 8. The Board also makes a grammatical revision. SR at 

11, TSD at 4, Prop. at 7.

Section 240.107 Incorporations by Reference

Existing Section 240.107 lists two documents incorporated by reference with Part 240. 

35 Ill. Adm. Code 240.107. The Board removes subsection (b), which lists a USEPA technical 
11

guidance document relating to the repealed IM240 test emission standards. SR at 11, TSD at 4, 

Prop. at 8. The Boards adopts other technical changes consistent with that removal. Prop. at 8.

Subpart D: Steady-State Idle Mode Test Emission Standards

Section 240.151: Applicability

Existing Section 240.151 establishes the applicability of the steady-state idle exhaust 

emission standards. 35 Ill. Adm. Code 240.151. The Board clarifies this section by updating a 

reference to the VEIL of 1995. SR at 11-12, TSD at 4-5, Prop. at 8.

Section 240.152: Steady-State Idle Mode Vehicle Exhaust Emission Standards

Existing Section 240.152 establishes steady-state idle exhaust emission standards for 

subject vehicles. 35 Ill. Adm. Code 240.152. The Board repeals standards for model years 

before 1996 because the VEIL of 2005 applies only to vehicles from model year 1996 and 

newer. SR at 12, Prop. at 8-9.

Section 240.153: Compliance Determination

Existing Section 240.153 establishes the method for determining compliance with steadystate idle exhaust emission standards. 35 Ill. Adm. Code 240.153. The Board removes a 

reference to the loaded preconditioning mode because the test no longer employs it. SR at 12,

TSD at 5, Prop. at 9-10.

Subpart E: Transient Loaded Mode Test Emission Standard

Section 240.161: Applicability

Existing Section 240.161 establishes the applicability of the IM240 test emission 

standards. 35 Ill. Adm. Code 240.161. Because the VEIL of 2005 does not include the IM240

test, the Board repeals this section. SR at. 12, TSD at 3, Prop. at 10; see 625 ILCS 5/13C-25

(Performance of Inspections).

Section 240.162: Vehicle Exhaust Emission Start-Up Standards

Existing Section 240.162 establishes effective dates for vehicles subject to IM240 vehicle 

exhaust emission start-up standards contained in Table A of Part 240. 35 Ill. Adm. Code 

240.162, 240.TABLE A. Because the VEIL of 2005 does not include the IM240 test, the Board 

repeals this section. SR at 12, TSD at 3, Prop. at 10.

Section 240.163: Vehicle Exhaust Emission Final Standards

Existing Section 240.163 establishes effective dates for vehicles subject to IM240 vehicle 

exhaust emission final standards contained in Table B of Part 240. 35 Ill. Adm. Code 240.163, 
12

240. TABLE B. Because the VEIL of 2005 does not include the IM240 test, the Board repeals 

this Section. SR at 12-13, TSD at 3, Prop. at 10.

Section 240.164: Vehicle Exhaust Emission Fast-Pass Standards

Existing Section 240.164 establishes applicability of IM240 vehicle exhaust emission 

fast-pass standards contained in Table C of Part 240 to subject vehicles. 35 Ill. Adm. Cpode 

240.164, 240.TABLE C. Because the VEIL of 2005 does not include the IM240 test, the Board 

repeals this section. SR at 13, TSD at 3, Prop. at 10-11.

Section 240.165: Compliance Determination

Existing Section 240.165 establishes methods for determining compliance with IM240 

test emission standards. 35 Ill. Adm. Code 240.165. Because the VEIL of 2005 does not include 

the IM 240 test, the Board repeals this section. SR at 13, TSD at 3, Prop. at 11-12.

Subpart F: Evaporative Test Standards

Section 240.171: Applicability

Existing Section 240.171 establishes the model year applicability for vehicles subject to 

evaporative test standards. 35 Ill. Adm. Code 240.171. The Board clarifies applicability by 

referring specifically to the VEIL of 2005. SR at 13, Prop. at 12-13; see 625 ILCS 5/13C-25(d) 

(2008).

Subpart G: On-Road Remote Sensing Test Emission Standards

Section 240.181: Applicability

Existing Section 240.181 establishes applicability of on-road remote sensing test 

emission standards to subject vehicles. 35 Ill. Adm. Code 240.181. The Board updates this 

section by adding a cross-reference to the VEIL of 2005 and to reflect Agency promulgation of 

test procedures. SR at 13-14, TSD at 5, Prop. at 13; see 35 Ill. Adm. Code 276 (Procedures to be 

Followed in the Performance of Inspections of Motor Vehicle Emissions).

Section 240.182: On-Road Remote Sensing Emission Standards

Existing Section 240.182 establishes on-road remote sensing emission standards for 

subject vehicles. 35 Ill. Adm. Code 240.182. The Board repeals standards for model years 

before 1996 “because 1996 and newer vehicles are the only vehicles subject to the emission 

inspection requirement of the VEIL of 2005.” SR at 14, Prop. at 13.
13

Subpart H: On-Board Diagnostic Test Standards

Section 240.191: Applicability

Existing Section 240.191 establishes applicability of the OBD test emission standards. 

35 Ill. Adm. Code 240.191. The Board clarifies this section by referring to the VEIL of 2005. 

SR at 14, TSD at 4, Prop. at 13. In addition, to reflect the full implementation of pass/fail OBD 

testing, the Board strikes the last sentence of the section providing that “[v]ehicles that receive a 

result of fail do not thereby fail their emissions test until January 1, 2002. 35 Ill. Adm. Code 

240.191; see SR at 14, TSD at 4, Prop. at 14.

Section 240.TABLE A: Vehicle Exhaust Emission Start-Up Standards

Existing Section 240.TABLE A establishes IM240 vehicle exhaust emission start-up

standards. 35 Ill. Adm. Code 240.TABLE A. Because the VEIL of 2005 does not include the 

IM240 test, the Board repeals these standards. SR at 14, TSD at 3, Prop. at 14-15.

Section 240.TABLE B: Vehicle Exhaust Emission Final Standards

Existing Section 240.TABLE B establishes IM240 vehicle exhaust emission final 

standards. 35 Ill. Adm. Code 240.TABLE B. Because the VEIL of 2005 does not include the 

IM240 test, the Board repeals these standards. SR at 14, TSD at 3, Prop. at 15-16.

Section 240.TABLE C: Vehicle Exhaust Emission Fast-Pass Standards

Existing Section 240.TABLE C establishes IM240 vehicle exhaust emission fast-pass 

standards. 35 Ill. Adm. Code.TABLE C. Because the VEIL of 2005 does not include the IM240 

test, the Board repeals these standards. SR at 14-15, TSD at 3, Prop. at 16-33.

CONCLUSION

For the reasons stated in the opinion above, the Board adopts amendments to its vehicle 

emissions inspection regulations and in its order below directs the Clerk to provide publication of 

the adopted rules in the Illinois Register.

ORDER

The Board directs the Clerk to provide publication of the following adopted amendments

in the Illinois Register.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER k: EMISSION STANDARDS AND LIMITATIONS FOR MOBILE SOURCES
14

PART 240

MOBILE SOURCES

SUBPART A: DEFINITIONS AND GENERAL PROVISIONS

Section

240.101 Preamble

240.102 Definitions

240.103 Prohibitions

240.104 Inspection

240.105 Penalties

240.106 Determination of Violation

240.107 Incorporations by Reference

SUBPART B: EMISSIONS

Section

240.121 Smoke Emissions

240.122 Diesel Engine Emissions Standards for Locomotives

240.123 Liquid Petroleum Gas Fuel Systems

240.124 Vehicle Exhaust Emission Standards (Repealed)

240.125 Compliance Determination (Repealed)

SUBPART C: SMOKE OPACITY STANDARDS AND TEST PROCEDURES FOR DIESELPOWERED HEAVY DUTY VEHICLES

Section

240.140 Applicability

240.141 Smoke Opacity Standards and Test Procedures for Diesel-Powered Heavy 

Duty Vehicles

SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS

Section

240.151 Applicability

240.152 Steady-State Idle Mode Vehicle Exhaust Emission Standards

240.153 Compliance Determination

SUBPART E: TRANSIENT LOADED MODE TEST EMISSION STANDARDS (Repealed)

Section

240.161 Applicability (Repealed)

240.162 Vehicle Exhaust Emission Start-Up Standards (Repealed)

240.163 Vehicle Exhaust Emission Final Standards (Repealed)

240.164

240.165

Vehicle Exhaust Emission Fast-Pass Standards (Repealed)

Compliance Determination (Repealed)
15

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

Section

240.181 Applicability

240.182 On-Road Remote Sensing Emission Standards

240.183 Compliance Determination

SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS

Section

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 (Repealed)

240.TABLE B Vehicle Exhaust Emission Final Standards (Repealed)

240.TABLE C Vehicle Exhaust Emission Fast-Pass Standards (Repealed)

AUTHORITY: Implementing Sections 9 and, 10 and 13 and authorized by Sections 27 and 28 of

the Environmental Protection Act [415 ILCS 5/9, 10, 13, and 27, and 28] and Section 13CB-20

of the Vehicle Emissions Inspection Law of 20051995 [625 ILCS 5/13CB-20]; implementing 

Section 13-109.2 of the Illinois Vehicle Code [625 ILCS 5/13-109.2].

SOURCE: Adopted as Chapter 2: Air Pollution, Part VII: Mobile Sources, filed and effective 

April 14, 1972; codified at 7 Ill. Reg. 13628; amended in R85-25, at 10 Ill. Reg. 11277, effective 

June 16, 1986; amended in R90-20 at 16 Ill. Reg. 6184, effective April 7, 1992; amended in R94-

20 at 18 Ill. Reg. 18013, effective December 12, 1994; amended in R94-19 at 18 Ill. Reg. 18228, 

effective December 20, 1994; amended in R98-24 at 22 Ill. Reg. 13723, effective July 13, 1998; 

expedited correction at 22 Ill. Reg. 21120, effective July 13, 1998; amended in R01-12 at 24 Ill. 

Reg. 19188, effective December 18, 2000; amended in R01-8 at 25 Ill. Reg. 3680, effective 

February 26, 2001; amended in R02-8 at 25 Ill. Reg. 16379, effective December 18, 2001; 

amended in R11-19 at 35 Ill. Reg. _______, effective ________.

BOARD NOTE: This Partpart implements the Environmental Protection Act as of July 1, 1994.

SUBPART A: DEFINITIONS AND GENERAL PROVISIONS
16

Section 240.102 Definitions

All terms thatwhich appear in this Part have the definitions specified in this SectionPart, the 

Vehicle Emissions Inspection Law of 2005 [625 ILCS 5/13C], and 35 Ill. Adm. Code 201 and 

211. WhenWhere conflicting definitions occur between this Section and 35 Ill. Adm. Code 201 

or 211, the definitions of this Section apply in this Part.

“Adjusted loaded vehicle weight (“ALVW”) means the value of the vehicle curb 

weight plus gross vehicle weight rating divided by two. 

“Agency” means the Illinois Environmental Protection Agency.

“Diesel engine” means all types of internal-combustion engines in which air is 

compressed to a temperature sufficiently high to ignite fuel injected directly into 

the cylinder area.

“Diesel locomotive” means a diesel engine vehicle designed to move cars on a 

railway.

“Evaporative system integrity test” means a test of a vehicle’s evaporative 

system. The test shall either consist of a leak check of a vehicle’s fuel cap with a 

fuel cap pressure decay tester (fuel cap pressure decay test), a fuel cap leak flow 

tester (fuel cap leak flow test), or a visual functional check, as applicable.

“Fuel cap” means a device used to seal a vehicle’s fuel inlet.

“Fuel cap leak flow test” means a test which may be performed in accordance 

with this Part on a vehicle’s fuel cap using a fuel cap leak flow tester to determine 

whether the vehicle complies with the evaporative system emission standards of 

this Part.

“Fuel cap leak flow tester” means a device used to determine the leak flow 

integrity of a vehicle’s fuel cap by comparing the measured leak flow of the fuel 

cap with an established fuel cap leak flow standard.

“Fuel cap pressure decay test” means the test performed in accordance with this 

Part on a vehicle’s fuel cap using a fuel cap pressure decay tester to determine 

whether the vehicle complies with the evaporative system emission standards of 

this Part.

“Fuel cap pressure decay tester” means a device used to determine the pressure 

decay integrity of a vehicle’s fuel cap by monitoring the pressure behind the fuel 

cap for a ten second period and comparing the measured pressure decay of the 

fuel cap to an established fuel cap pressure decay standard. 
17

“Fuel cap visual functional test” means the test performed in accordance with this 

Part on a vehicle’s fuel cap using visual analysis to determine whether the vehicle 

complies with the evaporative system emission standards of this Part. 

“Full power position” means the throttle position at which the engine fuel 

delivery is at maximum flow.

“Gross vehicle weight rating (GVWR)” means the value specified by the 

manufacturer as the maximum design loaded weight of a single vehicle.

“Heavy duty vehicle” means any motor vehicle rated at more than 8500 pounds 

GVWR or that has a vehicle curb weight of more than 6000 pounds or that has a 

basic vehicle frontal area in excess of 45 square feet.

“High idle” means a vehicle operating condition with engine disconnected from 

an external load (placed in either neutral or park) and operating at speed of 2500 

+ 300 RPM.

“IM240” means the transient mass emissions inspection procedure that the 

USEPA developed and has been implemented for the use in the Illinois Enhanced 

Vehicle Inspection and Maintenance Program. 240 refers to the 240 second 

maximum duration of the driving cycle that the vehicle undergoes as it is 

positioned on the dynamometer and essentially driven for the purpose of 

measuring the mass amount of emissions coming out of the tail pipe.

“Idle mode” means that portion of a vehicle emission test procedure conducted 

with the engine disconnected from an external load and operating at minimum 

throttle.

“Initial idle mode” means the first of up to two idle mode sampling periods 

during a steady-state idle mode test, during which exhaust emission 

measurements are made with the vehicle in “as-received” condition.

“Light duty truck 1” means a motor vehicle rated at 6000 pounds maximum 

GVWR or less and which has a vehicle frontal area of 45 square feet or less, and 

which is designed primarily for purposes of transportation of property or is a

derivation of such a vehicle, or is designed primarily for transportation of persons 

and has a capacity of more than 12 persons, or is available with special features 

enabling off-street or off-highway operation and use.

“Light duty truck 2” means a motor vehicle rated between 6001 and 8500 pounds 

maximum GVWR and which has a vehicle frontal area of 45 square feet or less, 

and which is designed primarily for purposes of transportation of property or is a 

derivation of such a vehicle, or is designed primarily for transportation of persons 

and has a capacity of more than 12 persons, or is available with special features 

enabling off-street or off-highway operation and use.
18

“Light duty vehicle” means a passenger car or passenger car derivative capable of 

seating 12 passengers or fewer. 

“Loaded mode” means that portion of a vehicle emission test procedure 

conducted with the vehicle positioned and operating under load on a chassis 

dynamometer. 

“Loaded vehicle weight (LVW)” means the vehicle curb weight plus 300 pounds.

“Measured values” means five-second running averages of exhaust emission 

concentrations sampled at a minimum rate of twice per second.

“Model year” means the year of manufacture of a motor vehicle based upon the 

annual production period as designated by the manufacturer and indicated on the 

title and registration of the vehicle. If the manufacturer does not designate a 

production period for the vehicle, then "model year" means the calendar year of 

manufacture.

“Motor vehicle” as used in this Part, shall have the same meaning as in Section 1-

146 of the Illinois Vehicle Code [625 ILCS 5/1-146].

“Opacity” means the percentage of light transmitted from a source that is 

prevented from reaching a light detector. 

“Preconditioning mode” means a period of steady-state loaded mode or high-idle

operation conducted to ensure that the engine and emissions control system 

components are operating at normal operating temperatures, thus minimizing 

false failures caused by improper or insufficient warm-up.

“Second-chance idle mode” means the second of two idle mode sampling periods 

during a steady-state idle mode test, preceded by a preconditioning mode and 

utilized as a second chance to pass idle exhaust emission standards immediately 

following an initial idle mode failure.

“Snap-acceleration test” means a test to measure exhaust smoke opacity from 

heavy-duty diesel powered vehicles in accordance with the SAE J1667 procedure, 

incorporated by reference at Section 240.107 of this Subpart.

“Steady-state idle test” means a vehicle emission test procedure consisting of an 

initial idle mode measurement of exhaust emissions followed, if necessary, by a 

loaded or high idle preconditioning mode and a second-chance idle mode.

“Transient loaded mode test” or “IM240 testing” or “transient IM240 loaded 

mode exhaust emission test procedure” or “transient IM240 test procedure” 

means a vehicle emissions test run on an inertial and power absorbing 
19

dynamometer using USEPA's IM240 driving cycle consisting of accelerations and 

decelerations simulating on-road driving conditions.

“Vehicle curb weight” means the actual vehicle weight plus standard equipment 

and a full fuel tank.

(Source: Amended at 35 Ill. Reg.______, effective ________)

Section 240.104 Inspection

a) All motor vehicles subject to inspection pursuant to Section 13CB-15 of the 

Vehicle Emissions Inspection Law of 20051995 [625 ILCS 5/13CB-15] shall 

comply with applicable vehicle emission standards contained in Sections 240.152, 

240.162, 240.163, 240.172, 240.182, and 240.192 of this Part.

b) All diesel-powered vehicles subject to inspection pursuant to Section 13-109.1 of 

the Illinois Vehicle Code [625 ILCS 5/13-109.1] must comply with applicable 

smoke opacity standards set forth in Section 240.141(a) of this Part.

(Source: Amended at 35 Ill. Reg.________, effective _______)

Section 240.105 Penalties

a) Any violations of Sections 240.103, 240.121, 240.122, orand 240.123 of this Part 

shall be subject to the penalties as set forth in Section 42 of the Act [415 ILCS 

5/42].

b) Any violations of Sections 240.104(b), 240.152, 240.162, 240.163, 240.172,

240.182, orand 240.192 of this Part shall be subject to the penalties as set forth in 

Sections 13CB-55 and 13CB-60 of the Vehicle Emissions Inspection Law [625 

ILCS 5/13CB-55 and 13CB-60].

c) Any violation of Section 240.141(a) of this Part will be subject to penalties as set 

forth in Section 13-109.1 of the Illinois Vehicle Code [625 ILCS 5/13-109.1].

(Source: Amended at 35 Ill. Reg.________, effective ________)

Section 240.106 Determination of Violation

a) Any violations of Sections 240.103, 240.121, 240.122, orand 240.123 of this Part 

shall be determined by visual observation or by a test procedure employing an 

opacity measurement system as qualified by 35 Ill. Adm. Code 201, Subpart J.

b) Any violations of Sections 240.152, 240.162, 240.163, 240.172, 240.182, or 

240.192 of this Part shall be determined in accordance with test procedures 

adopted by the Agency in 35 Ill. Adm. Code 276.
20

c) Any violation of Section 240.141(a) of this Part will be determined in accordance 

with test procedures set forth in Section 240.141(b) of this Part.

(Source: Amended at 35 Ill. Reg.________, effective ________)

Section 240.107 Incorporations by Reference

The following materials ismaterials are incorporated by reference and includesinclude no later 

editions or amendments:

a)Society of Automotive Engineers (SAE), 400 Commonwealth Drive, Warrendale, PA 

15096-0001, www.sae.org: Report J1667 Snap-Acceleration Smoke Test Procedure for 

Heavy-Duty Diesel Powered Vehicles (February 1996).

b) United States Environmental Protection Agency (USEPA), “High-Tech I/M Test 

Procedures, Emission Standards, Quality Control Requirements, and Equipment 

Specifications: IM240 and Functional Evaporative System Tests, Revised 

Technical Guidance,” Report EPA-AA-RSPD-IM-96-1 (June 1996), 2565 

Plymouth Road, Ann Arbor, MI 48105.

(Source: Amended at 35 Ill. Reg.________, effective________)

SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS

Section 240.151 Applicability

The standards of this Subpart D apply to thoseall vehicles identified in subsection 13C-25(d) 

inspected upon implementation of the Vehicle Emissions Inspection Law of 20051995 and

identified in Subsections 13CB-25(c) and (d) of that law utilizing steady-state exhaust emission 

test procedures adopted by the Agency.

(Source: Amended at 35 Ill. Reg.________, effective ________)

Section 240.152 Steady-State Idle Mode Vehicle Exhaust Emission Standards

a) Exhaust emissions from light duty vehicles shall not exceed the following 

limitations:

Model Year Carbon Monoxide Hydrocarbons as Hexane

(%) (ppm)

1968 - 1971 9.0 900

1972 - 1974 8.0 800

1975 - 1977 7.0 700

1978 - 1979 6.0 600

1980 3.0 300
21

19961981 and

newerlater

1.2 220

b) Exhaust emissions from light duty trucks 1 and light duty trucks 2 shall not 

exceed the following limitations:

Model Year Carbon Monoxide Hydrocarbons as Hexane

(%) (ppm)

1968 - 1971 9.0 900

1972 - 1974 8.0 800

1975 - 1978 7.0 700

1979 - 1980 6.0 600

19961981 and

newerlater

1.2 220

c) Exhaust emissions from heavy duty vehicles shall not exceed the following 

limitations:

Model Year Carbon Monoxide Hydrocarbons as Hexane

(%) (ppm)

1968 - 1971 9.5 1500

1972 - 1978 9.0 900

1979 - 1984 7.0 700

19961981 and

newerlater

3.0 300

(Source: Amended at 35 Ill. Reg.____, effective ____)

Section 240.153 Compliance Determination

Compliance shall be determined based upon the measurement of exhaust emissions using the 

steady-state idle test while the vehicle to be tested is operating in the idle mode. The vehicle 

shall pass exhaust emissions inspection if at any time during the initial idle mode or secondchance idle mode of the steady-state idle test the measured values are at or below the applicable 

limits of Section 240.152 of this Subpart. Vehicles failing the initial idle mode shall undergo a 

loaded or high idle preconditioning mode and receive a second-chance idle mode unless no 

measured values less than 1800 ppm HC are obtained within an elapsed time of 30 seconds.

(Source: Amended at 35 Ill. Reg._______, effective _______)

SUBPART E: TRANSIENT LOADED MODE TEST EMISSION STANDARDS

Section 240.161 Applicability (Repealed)
22

The standards of this Subpart apply to model year 1981 and newer light duty vehicles, light duty 

trucks 1, and light duty trucks 2 which are inspected utilizing transient IM240 loaded mode 

exhaust emission test procedures adopted by the Agency in 35 Ill. Adm. Code 276.

(Source: Repealed at 35 Ill. Reg._______, effective _______)

Section 240.162 Vehicle Exhaust Emission Start-Up Standards (Repealed)

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. From February 1, 2001, 

onward, 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).

(Source: Repealed at 35 Ill. Reg._______, effective _______)

Section 240.163 Vehicle Exhaust Emission Final Standards (Repealed)

Beginning February 1, 2001, vehicle exhaust emission final standards contained in Section 

240.Table B of this Part shall apply for all vehicles subject to 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).

(Source: Repealed at 35 Ill. Reg._______, effective _______)

Section 240.164 Vehicle Exhaust Emission Fast-Pass Standards (Repealed)

Vehicle exhaust emissions fast-pass standards contained in Section 240.Table C of this Part will 

apply for all vehicles subject to inspection under Section 240.161 of this Part utilizing the IM240 

transient loaded mode exhaust emission test procedures that have been adopted by the Agency in 

35 Ill. Adm. Code 276. All standards are expressed as the cumulative grams for each second of 

the composite and Phase 2 tests. 

(Source: Repealed at 35 Ill. Reg._______, effective _______)

Section 240.165 Compliance Determination (Repealed)

a) Vehicle Exhaust Emission Start-Up and Final Standards - Compliance shall be 

determined based upon the measurement of exhaust emissions while operating the 

vehicle on a dynamometer and following the driving cycle as specified for the 

transient IM240 test procedures adopted by the Agency. If the corrected, 

composite emission rates exceed standards for any pollutant, additional analysis 

of test results shall review the second phase ("Phase 2") of the driving cycle 

separately. Phase 2 shall include second 94 through second 239 of the driving 

cycle. Second-by-second emission rates in grams and composite emission rates in 

grams per mile for Phase 2 and for the entire composite test shall be recorded for 
23

each pollutant. For any given pollutant, if the composite emission level is at or 

below the composite standard or if the Phase 2 grams per mile emission level is at 

or below the applicable Phase 2 standard, then the vehicle shall pass the test for 

that pollutant. Composite and Phase 2 emission rates shall be calculated in 

accordance with procedures specified in "High-Tech I/M Procedures, Emissions 

Standards, Quality Control Requirements, and Equipment Specifications: IM240 

and Functional Evaporative System Tests, Revised Technical Guidance", 

incorporated by reference at Section 240.107(c) of this Part.

b) Vehicle Exhaust Emission Fast-Pass Standards - Compliance will be determined 

based upon the measurement of exhaust emissions while operating the vehicle on 

a dynamometer and following the driving cycle as specified for the transient 

IM240 test procedures adopted by the Agency. Vehicles will be fast-passed using 

the following algorithm:

1) Beginning at second 30 of the driving cycle, cumulative second-by-second 

emission levels for each second, calculated from the start of the cycle in 

grams, will be compared to the cumulative fast-pass emission standards 

for the second under consideration. Beginning at second 109, fast-pass 

decisions are based upon analysis of cumulative emissions in Phase 2, the 

portion of the test beginning at second 94, as well as emission levels 

accumulated from the beginning of the composite test. 

2) A vehicle will pass the transient IM240 test for a given pollutant if either 

of the following conditions occurs:

A) cumulative emissions of the pollutant are below the full cycle fastpass standard for the second under consideration; or

B) at second 109 and later, cumulative Phase 2 emissions are below 

the Phase 2 fast-pass standards for the second under consideration.

3) Testing may be terminated when fast-pass criteria are met for all subject 

pollutants in the same second.

4) If a fast-pass determination cannot be made for all subject pollutants 

before the driving cycle ends, the pass/fail determination for each 

component will be based on composite or Phase 2 emissions over the full 

driving cycle according to the procedures in subsection (a) of this Section. 

In cases where fast-pass standards are not used, composite emission rates 

in grams per mile for Phase 2 and for the entire composite test will be 

recorded for each pollutant.

5) Composite and Phase 2 emission rates will be calculated in accordance 

with procedures specified in “High-Tech I/M Procedures, Emissions 

Standards, Quality Control Requirements, and Equipment Specifications: 
24

IM240 and Functional Evaporative System Tests, Revised Technical 

Guidance” incorporated by reference at Section 240.107(c) of this Part.

(Source: Repealed at 35 Ill. Reg._______, effective _______)

SUBPART F: EVAPORATIVE TEST STANDARDS

Section 240.171 Applicability

The standards of this Subpart apply to those vehicles identified in subsection 13C-25(d) of the 

Vehicle Emissions Inspection Law of 2005The standards of Section 240.172 of this Subpart shall 

apply to all model year 1968 and newer vehicles required at the time of manufacture to be 

equipped with evaporative emission control systems.

(Source: Amended at 35 Ill. Reg._______, effective _______)

SUBPART G: ON-ROAD REMOTE SENSING TEST EMISSION STANDARDS

Section 240.181 Applicability

The standards of this Subpart apply to thoseall vehicles tested pursuant to subsection 13C15(b)(11) of the Vehicle Emissions Inspection Law of 2005which are inspected utilizing the onroad remote sensing exhaust emission test procedures that will be adopted by the Agency in 35 

Ill. Adm. Code 276.

(Source: Amended at 35 Ill. Reg._______, effective _______)

Section 240.182 On-Road Remote Sensing Emission Standards

Exhaust emissions from all subject vehicles and trucks shall not exceed the following limitations:

Model Year Hydrocarbons Carbon Monoxide

(ppm) (%)

1996 and newer1992+ 400 2.0

1988-1991 450 3.0

1981-1987 650 5.0

1975-1980 1300 7.0

1968-1974 1700 8.0

(Source: Amended at 35 Ill. Reg._______, effective _______)
25

SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS

Section 240.191 Applicability

The standards of this Subpart apply to those vehicles tested pursuant to subsection 13C-25(c) of 

the Vehicle Emissions Inspection Law of 2005all 1996 and newer model year light duty vehicles, 

light duty trucks 1, and light duty trucks 2 that are required to meet the standards contained in 40 

CFR § 86.094-17 and which are inspected utilizing the on-board diagnostic test procedures 

contained in 35 Ill. Adm. Code 276.209. Vehicles that receive a result of fail do not thereby fail 

their emissions test until January 1, 2002.

(Source: Amended at 35 Ill. Reg._______, effective _______)

Section 240.TABLE A Vehicle Exhaust Emission Start-Up Standards (Repealed)

Light Duty Vehicles:

Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen

Composite Phase 2 Composite Phase 2 Composite Phase 2

(gpm) (gpm) (gpm) (gpm) (gpm) (gpm)

1996+ 0.80 0.50 15.0 12.0 2.0 Reserved

1991-1995 1.20 0.75 20.0 16.0 2.5 Reserved

1983-1990 2.00 1.25 30.0 24.0 3.0 Reserved

1981-1982 2.00 1.25 60.0 48.0 3.0 Reserved

Light Duty Trucks 1:

Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen

Composite Phase 2 Composite Phase 2 Composite Phase 2

(gpm) (gpm) (gpm) (gpm) (gpm) (gpm)

1996+

(< 3750

LVW)

0.80 0.50 15.0 12.0 2.0 Reserved

(> 3750 

LVW)

1.00 0.63 20.0 16.0 2.5 Reserved

1991-1995 2.40 1.50 60.0 48.0 3.0 Reserved

1988-1990 3.20 2.00 80.0 64.0 3.5 Reserved

1984-1987 3.20 2.00 80.0 64.0 7.0 Reserved

1981-1983 7.50 5.00 100.0 80.0 7.0 Reserved

Light Duty Trucks 2:
26

Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen

Composite Phase 2 Composite Phase 2 Composite Phase 2

(gpm) (gpm) (gpm) (gpm) (gpm) (gpm)

1996+

(< 5750

ALVW)

1.00 0.63 20.0 16.0 2.5 Reserved

(> 5750 

ALVW)

2.40 1.50 60.0 48.0 4.0 Reserved

1991-1995 2.40 1.50 60.0 48.0 4.5 Reserved

1988-1990 3.20 2.00 80.0 64.0 5.0 Reserved

1984-1987 3.20 2.00 80.0 64.0 7.0 Reserved

1981-1983 7.50 5.00 100.0 80.0 7.0 Reserved

(Source: Repealed at 35 Ill. Reg.____, effective ____)

Section 240.TABLE B Vehicle Exhaust Emission Final Standards (Repealed)

Light Duty Vehicles:

Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen

Composite Phase 2 Composite Phase 2 Composite Phase 2

(gpm) (gpm) (gpm) (gpm) (gpm) (gpm)

1996+ 0.60 0.40 10.0 8.0 1.5 Reserved

1983-1995 0.80 0.50 15.0 12.0 2.0 Reserved

1981-1982 0.80 0.50 30.0 24.0 2.0 Reserved

Light Duty Trucks 1:

Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen

Composite Phase 2 Composite Phase 2 Composite Phase 2

(gpm) (gpm) (gpm) (gpm) (gpm) (gpm)

1996+

(< 3750

LVW)

0.60 0.40 10.0 8.0 1.5 Reserved

(> 3750 

LVW)

0.80 0.50 13.0 10.0 1.8 Reserved

1988-1995 1.60 1.00 40.0 32.0 2.5 Reserved

1984-1987 1.60 1.00 40.0 32.0 4.5 Reserved
27

1981-1983 3.40 2.00 70.0 56.0 4.5 Reserved

Light Duty Trucks 2:

Model Years Hydrocarbons Carbon Monoxide Oxides of Nitrogen

Composite Phase 2 Composite Phase 2 Composite Phase 2

(gpm) (gpm) (gpm) (gpm) (gpm) (gpm)

1996+

(< 5750

ALVW)

0.80 0.50 13.0 10.0 1.8 Reserved

(> 5750 

ALVW)

0.80 0.50 15.0 12.0 2.0 Reserved

1988-1995 1.60 1.00 40.0 32.0 3.5 Reserved

1984-1987 1.60 1.00 40.0 32.0 4.5 Reserved

1981-1983 3.40 2.00 70.0 56.0 4.5 Reserved

(Source: Repealed at 35 Ill. Reg.____, effective ____)

Section 240.TABLE C Vehicle Exhaust Emission Fast-Pass Standards (Repealed)

a) Vehicles having composite hydrocarbon emission limitations of less than 1.25 

grams per mile, in Section 240.Table A or Section 240.Table B, shall use the 

hydrocarbon fast-pass standards contained in this subsection. Vehicles having 

composite carbon monoxide emission limitations of less than 20.0 grams per mile, 

in Section 240.Table A or Section 240.Table B, shall use the carbon monoxide 

fast-pass standards contained in this subsection:

Hydrocarbons Carbon Monoxide

Second Composite Phase 2 Composite Phase 2

30 0.124 N/A 0.693 N/A

31 0.126 N/A 0.773 N/A

32 0.129 N/A 0.837 N/A

33 0.135 N/A 0.851 N/A

34 0.140 N/A 0.853 N/A

35 0.146 N/A 0.857 N/A

36 0.150 N/A 0.900 N/A

37 0.153 N/A 0.960 N/A

38 0.156 N/A 1.034 N/A

39 0.160 N/A 1.070 N/A

40 0.165 N/A 1.076 N/A

41 0.169 N/A 1.083 N/A

42 0.172 N/A 1.102 N/A
28

43 0.173 N/A 1.111 N/A

44 0.177 N/A 1.114 N/A

45 0.197 N/A 1.157 N/A

46 0.200 N/A 1.344 N/A

47 0.208 N/A 1.482 N/A

48 0.221 N/A 1.530 N/A

49 0.232 N/A 1.542 N/A

50 0.235 N/A 1.553 N/A

51 0.238 N/A 1.571 N/A

52 0.240 N/A 1.595 N/A

53 0.242 N/A 1.633 N/A

54 0.246 N/A 1.685 N/A

55 0.249 N/A 1.689 N/A

56 0.252 N/A 1.693 N/A

57 0.261 N/A 1.700 N/A

58 0.271 N/A 1.723 N/A

59 0.276 N/A 1.852 N/A

60 0.278 N/A 1.872 N/A

61 0.280 N/A 1.872 N/A

62 0.282 N/A 1.872 N/A

63 0.283 N/A 1.900 N/A

64 0.284 N/A 1.917 N/A

65 0.285 N/A 1.944 N/A

66 0.286 N/A 2.000 N/A

67 0.288 N/A 2.060 N/A

68 0.291 N/A 2.064 N/A

69 0.294 N/A 2.076 N/A

70 0.296 N/A 2.104 N/A

71 0.298 N/A 2.117 N/A

72 0.300 N/A 2.125 N/A

73 0.302 N/A 2.130 N/A

74 0.304 N/A 2.138 N/A

75 0.307 N/A 2.152 N/A

76 0.308 N/A 2.170 N/A

77 0.308 N/A 2.188 N/A

78 0.308 N/A 2.200 N/A

79 0.314 N/A 2.212 N/A

80 0.320 N/A 2.212 N/A

81 0.324 N/A 2.221 N/A

82 0.327 N/A 2.222 N/A

83 0.329 N/A 2.227 N/A

84 0.333 N/A 2.236 N/A

85 0.336 N/A 2.243 N/A

86 0.339 N/A 2.262 N/A

87 0.343 N/A 2.271 N/A

88 0.347 N/A 2.284 N/A
29

89 0.350 N/A 2.299 N/A

90 0.356 N/A 2.308 N/A

91 0.358 N/A 2.326 N/A

92 0.360 N/A 2.330 N/A

93 0.363 N/A 2.331 N/A

94 0.367 N/A 2.344 N/A

95 0.370 N/A 2.347 N/A

96 0.372 N/A 2.355 N/A

97 0.376 N/A 2.395 N/A

98 0.388 N/A 2.451 N/A

99 0.396 N/A 2.508 N/A

100 0.405 N/A 2.590 N/A

101 0.410 N/A 2.660 N/A

102 0.411 N/A 2.749 N/A

103 0.412 N/A 2.913 N/A

104 0.413 N/A 3.162 N/A

105 0.421 N/A 3.170 N/A

106 0.428 N/A 3.197 N/A

107 0.430 N/A 3.288 N/A

108 0.455 N/A 3.419 N/A

109 0.459 0.015 3.587 0.168

110 0.462 0.017 3.595 0.173

111 0.464 0.021 3.640 0.237

112 0.466 0.024 3.740 0.266

113 0.468 0.024 3.868 0.280

114 0.471 0.025 3.877 0.291

115 0.488 0.026 3.934 0.314

116 0.513 0.029 4.015 0.331

117 0.538 0.032 4.061 0.345

118 0.561 0.035 4.063 0.350

119 0.577 0.035 4.079 0.356

120 0.580 0.036 4.140 0.367

121 0.586 0.038 4.185 0.388

122 0.594 0.040 4.199 0.407

123 0.603 0.041 4.205 0.463

124 0.610 0.042 4.212 0.480

125 0.615 0.042 4.232 0.506

126 0.624 0.042 4.298 0.518

127 0.628 0.045 4.344 0.522

128 0.632 0.046 4.361 0.525

129 0.637 0.046 4.366 0.528

130 0.641 0.049 4.369 0.530

131 0.643 0.050 4.372 0.530

132 0.644 0.052 4.435 0.534

133 0.645 0.054 4.523 0.550

134 0.647 0.054 4.524 0.554
30

135 0.651 0.054 4.525 0.590

136 0.658 0.055 4.531 0.616

137 0.663 0.055 4.534 0.639

138 0.666 0.056 4.542 0.653

139 0.668 0.059 4.553 0.662

140 0.670 0.061 4.554 0.683

141 0.672 0.061 4.554 0.696

142 0.675 0.061 4.554 0.708

143 0.678 0.063 4.554 0.721

144 0.681 0.064 4.554 0.739

145 0.684 0.065 4.554 0.742

146 0.686 0.066 4.554 0.743

147 0.688 0.067 4.554 0.745

148 0.690 0.068 4.554 0.748

149 0.692 0.069 4.554 0.751

150 0.694 0.070 4.554 0.762

151 0.696 0.071 4.556 0.789

152 0.698 0.072 4.556 0.790

153 0.700 0.073 4.565 0.794

154 0.702 0.073 4.612 0.799

155 0.704 0.074 4.834 0.805

156 0.706 0.077 5.702 0.842

157 0.708 0.079 5.841 0.990

158 0.710 0.082 6.170 1.038

159 0.712 0.082 6.670 1.357

160 0.716 0.086 7.425 1.455

161 0.750 0.095 8.379 1.546

162 0.784 0.107 9.648 1.824

163 0.805 0.115 10.918 2.746

164 0.840 0.122 12.157 3.073

165 0.853 0.127 12.731 3.633

166 0.874 0.159 12.831 4.505

167 0.903 0.186 12.892 4.952

168 0.910 0.189 12.932 5.254

169 0.914 0.200 13.702 5.730

170 0.916 0.220 14.139 6.051

171 0.919 0.236 14.964 6.333

172 0.931 0.247 15.704 6.490

173 0.948 0.257 16.253 6.796

174 0.983 0.267 16.907 7.205

175 1.018 0.283 17.655 8.151

176 1.027 0.295 18.020 8.230

177 1.035 0.312 18.349 8.584

178 1.051 0.318 18.671 8.800

179 1.074 0.323 18.972 8.847

180 1.084 0.337 19.228 8.913
31

181 1.099 0.345 20.123 9.122

182 1.121 0.350 20.405 9.532

183 1.132 0.359 20.754 10.256

184 1.152 0.387 21.684 10.862

185 1.161 0.398 21.955 10.996

186 1.168 0.400 22.650 11.206

187 1.175 0.402 22.989 11.514

188 1.181 0.405 23.535 11.894

189 1.188 0.418 23.876 12.019

190 1.203 0.429 24.018 12.170

191 1.219 0.442 24.464 12.517

192 1.233 0.457 24.685 12.598

193 1.251 0.473 24.931 12.625

194 1.255 0.487 25.188 12.653

195 1.258 0.501 25.468 12.777

196 1.265 0.510 25.627 12.906

197 1.280 0.512 25.746 12.989

198 1.293 0.514 25.850 13.060

199 1.301 0.516 25.974 13.165

200 1.313 0.518 26.141 13.242

201 1.324 0.527 26.225 13.412

202 1.332 0.540 26.338 13.662

203 1.341 0.547 26.547 13.773

204 1.357 0.553 26.818 13.942

205 1.375 0.559 27.052 14.090

206 1.392 0.563 27.393 14.224

207 1.408 0.567 27.501 14.426

208 1.422 0.571 27.632 14.498

209 1.433 0.575 27.803 14.776

210 1.443 0.579 27.953 14.907

211 1.453 0.595 28.205 14.916

212 1.463 0.605 28.543 15.014

213 1.468 0.614 28.997 15.221

214 1.470 0.622 29.000 15.472

215 1.474 0.627 29.005 15.555

216 1.478 0.638 29.081 15.652

217 1.481 0.643 29.281 15.969

218 1.484 0.643 29.483 16.028

219 1.487 0.645 29.734 16.375

220 1.490 0.651 29.803 16.487

221 1.493 0.655 29.821 16.524

222 1.504 0.663 29.847 16.578

223 1.5220.671 29.862 16.684

224 1.547 0.675 29.873 16.755

225 1.549 0.684 30.008 16.770

226 1.562 0.694 30.126 16.805
32

227 1.574 0.701 30.127 16.865

228 1.579 0.702 30.127 16.960

229 1.584 0.708 30.208 16.960

230 1.589 0.708 30.314 16.962

231 1.590 0.709 30.323 16.988

232 1.596 0.710 30.325 17.072

233 1.598 0.710 30.368 17.094

234 1.604 0.711 30.411 17.184

235 1.610 0.712 30.416 17.187

236 1.612 0.712 30.428 17.188

237 1.613 0.712 30.430 17.189

238 1.614 0.713 30.452 17.241

239 1.615 0.716 30.488 17.370

b) Vehicles having composite hydrocarbon emission limitations of at least 1.25 

grams per mile but less than 2.00 grams per mile, in Section 240.Table A or 

Section 240.Table B, shall use the hydrocarbon fast-pass standards contained in 

this subsection. Vehicles having and composite carbon monoxide emission 

limitations of at least 20.0 grams per mile but less than 30.0 grams per mile, in 

Section 240.Table A or Section 240.Table B, shall use the carbon monoxide fastpass standards contained in this subsection;

Hydrocarbons Carbon Monoxide

Second Composite Phase 2 Composite Phase 2

30 0.247 N/A 1.502 N/A

31 0.253 N/A 1.546 N/A

32 0.258 N/A 1.568 N/A

33 0.263 N/A 1.582 N/A

34 0.268 N/A 1.593 N/A

35 0.277 N/A 1.602 N/A

36 0.283 N/A 1.621 N/A

37 0.293 N/A 1.631 N/A

38 0.297 N/A 1.702 N/A

39 0.298 N/A 1.784 N/A

40 0.313 N/A 1.879 N/A

41 0.320 N/A 2.162 N/A

42 0.327 N/A 2.307 N/A

43 0.342 N/A 2.343 N/A

44 0.360 N/A 2.376 N/A

45 0.376 N/A 2.406 N/A

46 0.389 N/A 2.433 N/A

47 0.408 N/A 2.458 N/A

48 0.423 N/A 2.483 N/A

49 0.434 N/A 2.774 N/A
33

50 0.444 N/A 2.844 N/A

51 0.454 N/A 2.900 N/A

52 0.465 N/A 2.936 N/A

53 0.472 N/A 3.133 N/A

54 0.478 N/A 3.304 N/A

55 0.485 N/A 3.407 N/A

56 0.493 N/A 3.456 N/A

57 0.500 N/A 3.480 N/A

58 0.505 N/A 3.518 N/A

59 0.514 N/A 3.560 N/A

60 0.537 N/A 3.593 N/A

61 0.540 N/A 3.628 N/A

62 0.543 N/A 3.641 N/A

63 0.546 N/A 3.655 N/A

64 0.551 N/A 3.680 N/A

65 0.559 N/A 3.700 N/A

66 0.567 N/A 3.728 N/A

67 0.575 N/A 3.857 N/A

68 0.588 N/A 3.894 N/A

69 0.595 N/A 3.943 N/A

70 0.601 N/A 3.983 N/A

71 0.606 N/A 4.009 N/A

72 0.610 N/A 4.023 N/A

73 0.617 N/A 4.023 N/A

74 0.631 N/A 4.053 N/A

75 0.643 N/A 4.063 N/A

76 0.651 N/A 4.077 N/A

77 0.659 N/A 4.225 N/A

78 0.667 N/A 4.243 N/A

79 0.676 N/A 4.260 N/A

80 0.681 N/A 4.282 N/A

81 0.685 N/A 4.322 N/A

82 0.689 N/A 4.398 N/A

83 0.694 N/A 4.482 N/A

84 0.700 N/A 4.515 N/A

85 0.705 N/A 4.518 N/A

86 0.709 N/A 4.520 N/A

87 0.713 N/A 4.522 N/A

88 0.717 N/A 4.522 N/A

89 0.721 N/A 4.523 N/A

90 0.724 N/A 4.526 N/A

91 0.727 N/A 4.527 N/A

92 0.729 N/A 4.527 N/A

93 0.731 N/A 4.528 N/A

94 0.734 N/A 4.528 N/A

95 0.740 N/A 4.528 N/A
34

96 0.748 N/A 4.529 N/A

97 0.759 N/A 4.575 N/A

98 0.771 N/A 4.703 N/A

99 0.783 N/A 4.805 N/A

100 0.793 N/A 4.886 N/A

101 0.810 N/A 4.957 N/A

102 0.823 N/A 5.104 N/A

103 0.836 N/A 5.340 N/A

104 0.853 N/A 5.496 N/A

105 0.871 N/A 5.625 N/A

106 0.887 N/A 5.815 N/A

107 0.899 N/A 6.473 N/A

108 0.931 N/A 7.037 N/A

109 0.947 0.040 7.419 0.246

110 0.957 0.047 7.643 0.257

111 0.965 0.052 7.759 0.286

112 0.971 0.056 7.824 0.379

113 0.977 0.061 7.889 0.425

114 0.983 0.064 7.960 0.457

115 1.003 0.072 8.024 0.477

116 1.030 0.081 8.076 0.494

117 1.041 0.082 8.111 0.504

118 1.050 0.083 8.130 0.512

119 1.052 0.092 8.148 0.519

120 1.055 0.094 8.211 0.529

121 1.061 0.097 8.478 0.529

122 1.071 0.100 8.548 0.530

123 1.081 0.103 8.561 0.531

124 1.091 0.106 8.568 0.532

125 1.102 0.108 8.572 0.533

126 1.110 0.110 8.584 0.548

127 1.116 0.112 8.592 0.610

128 1.121 0.114 8.596 0.614

129 1.125 0.116 8.597 0.622

130 1.128 0.118 8.601 0.631

131 1.130 0.120 8.605 0.640

132 1.132 0.122 8.608 0.646

133 1.134 0.123 8.626 0.650

134 1.135 0.124 8.650 0.652

135 1.143 0.127 8.660 0.738

136 1.147 0.130 8.767 0.754

137 1.156 0.134 9.029 0.780

138 1.163 0.139 9.238 0.795

139 1.186 0.146 9.389 0.804

140 1.253 0.149 9.493 0.810

141 1.262 0.151 9.583 0.815
35

142 1.271 0.153 9.626 0.818

143 1.277 0.155 9.669 0.821

144 1.283 0.157 9.716 0.825

145 1.291 0.162 9.763 0.840

146 1.294 0.164 9.809 0.847

147 1.296 0.166 9.852 0.855

148 1.298 0.168 9.885 0.865

149 1.303 0.169 9.932 0.874

150 1.316 0.170 9.986 0.891

151 1.330 0.171 10.039 0.914

152 1.342 0.172 10.072 0.929

153 1.348 0.173 10.090 0.937

154 1.353 0.175 10.105 0.942

155 1.362 0.178 10.146 0.949

156 1.365 0.180 10.245 1.375

157 1.366 0.189 10.397 1.576

158 1.373 0.198 10.923 1.943

159 1.397 0.203 11.970 2.820

160 1.422 0.207 13.421 3.281

161 1.440 0.214 15.289 3.483

162 1.452 0.221 15.912 3.620

163 1.465 0.229 16.530 4.168

164 1.509 0.247 17.6224.338

165 1.533 0.274 18.366 4.682

166 1.555 0.309 19.869 5.633

167 1.576 0.318 20.711 6.137

168 1.598 0.322 22.319 6.853

169 1.618 0.333 23.751 7.136

170 1.636 0.343 24.842 7.320

171 1.666 0.356 25.410 7.685

172 1.685 0.38525.798 8.052

173 1.726 0.409 26.122 8.344

174 1.742 0.433 26.353 8.602

175 1.756 0.453 26.638 8.898

176 1.769 0.463 27.219 9.251

177 1.784 0.507 27.279 10.253

178 1.802 0.523 27.320 10.828

179 1.822 0.528 27.352 10.933

180 1.843 0.541 27.822 11.060

181 1.864 0.549 28.763 11.188

182 1.884 0.559 29.402 11.345

183 1.896 0.571 29.971 11.733

184 1.915 0.584 30.276 12.598

185 1.940 0.598 30.988 12.953

186 1.958 0.613 31.095 13.213

187 1.972 0.624 31.314 14.131
36

188 1.985 0.629 31.833 14.839

189 1.991 0.629 32.239 15.137

190 1.993 0.638 32.547 15.138

191 1.995 0.648 32.855 15.141

192 2.001 0.659 33.153 15.595

193 2.015 0.663 33.444 15.658

194 2.031 0.671 33.482 15.704

195 2.047 0.681 33.516 15.729

196 2.063 0.693 33.549 16.058

197 2.079 0.709 33.653 16.987

198 2.094 0.725 33.973 17.064

199 2.109 0.740 34.159 17.073

200 2.122 0.754 34.191 17.153

201 2.130 0.767 34.250 17.332

202 2.137 0.775 34.469 17.406

203 2.157 0.787 34.716 17.641

204 2.172 0.795 34.969 17.922

205 2.194 0.803 35.144 18.484

206 2.222 0.854 35.418 18.553

207 2.245 0.859 35.766 18.658

208 2.268 0.872 35.949 18.953

209 2.279 0.892 36.010 19.266

210 2.2880.896 36.548 19.309

211 2.301 0.903 37.179 19.731

212 2.316 0.924 37.651 19.902

213 2.332 0.938 38.041 20.012

214 2.345 0.941 38.591 20.260

215 2.354 0.951 38.852 20.739

216 2.362 0.966 38.861 21.346

217 2.368 0.979 38.926 21.810

218 2.376 0.980 39.194 22.001

219 2.384 0.981 39.474 22.290

220 2.391 1.005 39.668 22.324

221 2.395 1.016 39.781 22.343

222 2.400 1.022 39.890 22.522

223 2.405 1.028 39.954 22.661

224 2.409 1.035 39.984 22.666

225 2.413 1.041 39.989 22.667

226 2.415 1.045 39.990 22.668

227 2.417 1.051 39.990 22.669

228 2.419 1.055 39.990 22.670

229 2.420 1.059 39.991 22.671

230 2.421 1.062 40.012 22.671

231 2.423 1.063 40.061 22.672

232 2.425 1.063 40.116 22.673

233 2.427 1.063 40.249 22.673
37

234 2.429 1.064 40.253 22.673

235 2.430 1.064 40.290 22.674

236 2.431 1.066 40.385 22.675

237 2.432 1.069 40.488 22.675

238 2.433 1.072 40.720 22.675

239 2.434 1.075 40.763 22.677

c) Vehicles having composite hydrocarbon emission limitations of 2.00 grams per 

mile or greater, in Section 240.Table A or Section 240.Table B, shall use the 

hydrocarbon fast-pass standards contained in this subsection. Vehicles having 

composite carbon monoxide emission limitations of 30.0 grams per mile or 

greater, in Section 240.Table A or Section 240.Table B, shall use the carbon 

monoxide fast-pass standards contained in this subsection:

Hydrocarbons Carbon Monoxide

Second Composite Phase 2 Composite Phase 2

30 0.407 N/A 3.804 N/A

31 0.415 N/A 3.985 N/A

32 0.423 N/A 4.215 N/A

33 0.436 N/A 4.440 N/A

34 0.451 N/A 4.579 N/A

35 0.464 N/A 4.688 N/A

36 0.468 N/A 4.749 N/A

37 0.475 N/A 4.783 N/A

38 0.487 N/A 4.813 N/A

39 0.506 N/A 4.876 N/A

40 0.530 N/A 5.104 N/A

41 0.549 N/A 5.217 N/A

42 0.569 N/A 5.383 N/A

43 0.588 N/A 5.571 N/A

44 0.609 N/A 5.888 N/A

45 0.621 N/A 6.199 N/A

46 0.636 N/A 6.245 N/A

47 0.649 N/A 6.318 N/A

48 0.666 N/A 6.418 N/A

49 0.679 N/A 6.540 N/A

50 0.696 N/A 6.690 N/A

51 0.712 N/A 6.875 N/A

52 0.727 N/A 7.029 N/A

53 0.745 N/A 7.129 N/A

54 0.760 N/A 7.359 N/A

55 0.776 N/A 7.722 N/A

56 0.797 N/A 8.017 N/A

57 0.814 N/A 8.249 N/A
38

58 0.826 N/A 8.425 N/A

59 0.837 N/A 8.563 N/A

60 0.849 N/A 8.686 N/A

61 0.862 N/A 8.804 N/A

62 0.872 N/A 8.916 N/A

63 0.887 N/A 9.025 N/A

64 0.895 N/A 9.138 N/A

65 0.903 N/A 9.250 N/A

66 0.925 N/A 9.354 N/A

67 0.933 N/A 9.457 N/A

68 0.945 N/A 9.575 N/A

69 0.959 N/A 9.728 N/A

70 0.970 N/A 9.938 N/A

71 0.980 N/A 10.140 N/A

72 0.988 N/A 10.222 N/A

73 0.997 N/A 10.261 N/A

74 1.022 N/A 10.278 N/A

75 1.037 N/A 10.290 N/A

76 1.051 N/A 10.715 N/A

77 1.064 N/A 10.790 N/A

78 1.075 N/A 10.844 N/A

79 1.087 N/A 10.921 N/A

80 1.097 N/A 11.010 N/A

81 1.105 N/A 11.090 N/A

82 1.114 N/A 11.136 N/A

83 1.136 N/A 11.136 N/A

84 1.160 N/A 11.165 N/A

85 1.182 N/A 11.191 N/A

86 1.201 N/A 11.205 N/A

87 1.217 N/A 11.211 N/A

88 1.233 N/A 11.211 N/A

89 1.248 N/A 11.211 N/A

90 1.262 N/A 11.211 N/A

91 1.271 N/A 11.220 N/A

92 1.279 N/A 11.294 N/A

93 1.287 N/A 11.332 N/A

94 1.295 N/A 11.355 N/A

95 1.302 N/A 11.383 N/A

96 1.309 N/A 11.410 N/A

97 1.316 N/A 11.433 N/A

98 1.325 N/A 11.516 N/A

99 1.339 N/A 11.820 N/A

100 1.356 N/A 12.104 N/A

101 1.365 N/A 12.344 N/A

102 1.378 N/A 12.781 N/A

103 1.397 N/A 13.472 N/A
39

104 1.420 N/A 14.405 N/A

105 1.445 N/A 14.808 N/A

106 1.470 N/A 14.965 N/A

107 1.491 N/A 15.121 N/A

108 1.506 N/A 15.372 N/A

109 1.517 0.151 15.530 1.113

110 1.528 0.159 15.687 1.213

111 1.542 0.172 16.018 1.344

112 1.559 0.186 16.527 1.399

113 1.578 0.199 16.810 1.520

114 1.594 0.207 16.961 1.640

115 1.605 0.216 17.120 1.684

116 1.615 0.229 17.135 1.693

117 1.625 0.235 17.249 1.786

118 1.642 0.240 17.451 2.007

119 1.670 0.245 17.509 2.084

120 1.694 0.261 17.605 2.179

121 1.705 0.267 17.734 2.264

122 1.717 0.277 18.049 2.328

123 1.732 0.287 18.447 2.375

124 1.747 0.298 18.592 2.437

125 1.763 0.308 18.657 2.543

126 1.779 0.316 18.796 2.593

127 1.795 0.322 18.952 2.641

128 1.810 0.329 19.137 2.663

129 1.823 0.338 19.329 2.672

130 1.835 0.346 19.519 2.676

131 1.845 0.354 19.707 2.683

132 1.854 0.356 19.882 2.817

133 1.862 0.357 19.905 2.992

134 1.870 0.359 20.049 3.111

135 1.883 0.362 20.460 3.234

136 1.888 0.364 20.746 3.304

137 1.896 0.368 21.068 3.310

138 1.911 0.378 21.380 3.320

139 1.928 0.391 21.748 3.354

140 1.949 0.402 22.046 3.436

141 1.969 0.408 22.348 3.443

142 1.982 0.422 22.397 3.452

143 1.999 0.428 22.407 3.490

144 2.011 0.432 22.417 3.552

145 2.022 0.434 22.922 3.588

146 2.035 0.439 22.951 3.600

147 2.043 0.450 22.976 3.616

148 2.049 0.460 23.017 3.627

149 2.063 0.467 23.073 3.636
40

150 2.085 0.472 23.161 3.676

151 2.104 0.480 23.218 3.882

152 2.117 0.491 23.253 4.011

153 2.127 0.503 23.337 4.047

154 2.138 0.505 23.425 4.067

155 2.152 0.515 23.534 4.081

156 2.168 0.522 23.652 4.116

157 2.186 0.527 23.739 4.251

158 2.205 0.537 24.606 5.099

159 2.224 0.549 25.615 5.383

160 2.242 0.568 26.073 6.362

161 2.268 0.586 28.496 7.926

162 2.308 0.610 29.772 8.429

163 2.352 0.648 31.056 9.201

164 2.406 0.677 33.351 10.825

165 2.421 0.699 34.890 12.291

166 2.435 0.720 35.937 13.366

167 2.470 0.738 37.012 14.428

168 2.501 0.767 37.892 15.318

169 2.537 0.828 39.028 15.699

170 2.571 0.855 40.406 16.073

171 2.625 0.869 41.379 16.475

172 2.657 0.885 42.033 17.158

173 2.683 0.900 42.432 17.532

1742.701 0.941 42.742 17.965

175 2.717 0.979 43.399 18.242

176 2.732 1.002 43.895 18.283

177 2.756 1.025 44.227 18.480

178 2.781 1.047 44.926 19.576

179 2.811 1.065 45.256 20.015

180 2.853 1.089 45.553 20.203

181 2.898 1.109 45.753 20.433

182 2.946 1.133 46.210 21.025

183 2.988 1.158 47.017 21.882

184 3.023 1.184 48.185 22.204

185 3.057 1.209 48.741 22.859

186 3.076 1.222 49.462 23.533

187 3.101 1.231 50.313 24.281

188 3.120 1.239 51.285 25.078

189 3.136 1.254 52.076 25.276

190 3.151 1.278 52.857 25.578

191 3.163 1.300 52.876 25.859

192 3.209 1.313 53.067 25.985

193 3.223 1.324 53.777 26.153

194 3.237 1.340 54.242 26.582

195 3.263 1.367 54.489 27.067
41

196 3.302 1.387 54.601 27.456

197 3.338 1.402 54.912 27.805

198 3.372 1.417 55.588 28.070

199 3.390 1.432 56.266 28.590

200 3.428 1.446 56.617 28.914

201 3.470 1.460 56.863 29.063

202 3.493 1.477 57.204 29.502

203 3.509 1.492 57.371 29.697

204 3.522 1.501 57.487 29.713

205 3.533 1.510 57.728 29.783

206 3.550 1.522 58.097 29.942

207 3.578 1.561 58.572 30.284

208 3.607 1.585 59.024 30.755

209 3.630 1.597 59.321 31.287

210 3.658 1.607 59.715 31.549

211 3.701 1.627 60.045 31.820

212 3.745 1.645 60.453 32.250

213 3.778 1.656 60.935 32.546

214 3.814 1.663 61.307 32.808

215 3.825 1.669 61.666 33.060

216 3.835 1.674 62.148 33.204

217 3.844 1.685 62.532 33.341

218 3.853 1.700 62.546 33.414

219 3.864 1.704 62.559 33.514

220 3.874 1.706 62.570 33.640

221 3.891 1.709 62.846 33.692

222 3.928 1.711 63.097 33.711

223 3.966 1.714 63.150 33.733

224 4.008 1.718 63.150 33.770

225 4.010 1.721 63.150 33.796

226 4.012 1.723 63.150 33.810

227 4.016 1.726 63.150 33.821

228 4.019 1.729 63.150 33.839

229 4.057 1.731 63.150 33.865

230 4.065 1.733 63.150 33.894

231 4.071 1.735 63.150 33.918

232 4.073 1.743 63.150 33.944

233 4.075 1.749 63.150 33.985

234 4.077 1.753 63.153 34.014

235 4.079 1.757 63.159 34.032

236 4.081 1.762 63.173 34.051

237 4.083 1.767 63.193 34.067

238 4.084 1.772 63.214 34.079

239 4.085 1.776 63.233 34.085

(Source: Repealed at 35 Ill. Reg._______, effective _______)
42

IT IS SO ORDERED.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that 

the Board adopted the above opinion and order on March 17, 2011, by a vote of 5-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board
Attachment 56

Notice of Adopted Amendments 

Illinois Register publication 

35 Ill. Reg. 5552, Issue 14 

April 1, 2011 

OFFICE OF THE SECRETARY OF STATE 

JESSE WHITE • Secretary of State 

March 25, 2011 

POLLUTION CONTROL BOARD 

JOHN THERRIAULT ASSISTANT CLERK 

100 W RANDOLPH ST, STE 11-500 

CHICAGO, IL 60601 

Dear JOHN THERRIAULT ASSISTANT CLERK 

Your rules Listed below met our codification standards and have been published in Volume 35, 

Issue 14 of the Illinois Register, dated 4/1/20 II. 

ADOPTED RULES 

Mobile Sources 

35 Ill. Adm. Code 240 

Point of Contact: Nancy Miller 

PROPOSED RULES 

Definitions and General Provisions 

35 Ill. Adm. Code 211 

Point of Contact: Nancy Miller 

. ./ . . . -·~- _-'· ..,.. ~ . · ."' ...... . .. . ,. ~· ·-....... .. ,.. . " "•·· · .. •; 

Organic Material Emission Standards and Limitations for the Chicago Area 

5552 

4887 

35 Ill. Adm. Code 218 4910 

Point of Contact: Nancy Miller 

Organic Material Emission Standards and Limitations for the Metro East Area 

35 Ill. Adm. Code 219 5111 

Point of Contact: 

If you have any questions, you may contact the Administrative Code Division at 

(217) 782- 7017. 

Index Department- Administrative Code Division- Ill East Monroe Springfield, IL 62756 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

1) Heading of the Part: Mobile Sources 

2) Code Citation: 35 ill. Adm. Code 240 

3) Section Numbers: AdoQted Action: RECEIV~D CLEPIK'S OFF E 

240.102 Amend NAR'3"1 2011 

240.104 Amend STATE OF ILLINOtS 

240.105 Amend Pollution Control Board 

240.106 Amend 

240.107 Amend 

240.151 Amend 

240.152 Amend 

240.153 Amend 

240.161 Repeal 

240.162 Repeal 

240.163 Repeal 

240.164 Repeal 

240.165 Repeal 

240.171 Amend 

240.181 Amend 

240.182 Amend 

240.191 Amend 

240.TABLEA Repeal 

240.TABLEB Repeal 

240.TABLE C Repeal 

4) Statutory Authority: Implementing Section 13C-20 of the Vehicle Emissions Inspection 

Law of2005 [625 ILCS 5/13C-20] and authorized by Sections 9, 10, 27, and 28 ofthe 

Environmental Protection Act [415 ILCS 5/9, 10, 27, 28]. 

5) Effective Date of Amendments: MAR 18 Z011 

6) Does this rulemaking contain an automatic reQeal date? No. 

7) Do these amendments contain incotporations by reference? No. 

8) The adopted amendments are on file in the Board's Chicago office at the James R. 

Thompson Center, 100 W. Randolph Street, Suite 11-500, and are available there for 

public inspection. 

RECEIVED 

MAR 18 2011 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

9) Notice of Proposal Published in Dlinois Register: 

January 3, 2011 ; 35 Ill. Reg. 129. 

1 0) Has JCAR issued a Statement of Objections to these amendments? No. 

11) Differences between proposal and final version: 

In proceeding from its original proposal for public comment to final adoption, the Board 

has incorporated a limited number of technical changes proposed by JCAR. In addition, 

the Board has amended the definition of "preconditioning mode" in Section 240.102 to 

strike a reference to "loaded mode" operation. Striking this reference is consistent with 

the lllinois Environmental Protection Agency's original proposal and the Board's opinion 

and order for public comment. 

12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the 

agreements letter issued by J CAR? Yes. 

13) Will these amendments replace emergency amendments currently in effect? No. 

14) Are there any amendments pending on this Part? No. 

15) Summary and Purpose of Amendments: For a more detailed description of this 

rulemaking, please see the Board's March 17, 2011 opinion and order adopting these 

rules. Revision of Enhanced Vehicle Emission Inspection and Maintenance (I!M) 

Regulations: Amendments to 35 Ill. Adm. Code Part 240, R11-19 (Mar. 17, 2011). 

The Illinois Environmental Protection Agency proposed to repeal various emission test 

standards and requirements and to update various definitions and incorporations by 

reference. 

16) Information and questions regarding these adopted amendments shall be directed to: 

Timothy J. Fox 

Illinois Pollution Control Board 

1 00 W. Randolph Street, Suite 11-500 

Chicago, IL 60601 

312-814-6085 

foxt@ipcb.state.il.us 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

Copies of the Board's opinions and orders may be requested from the Clerk of the Board 

at the address listed in #8 above or by calling 312/814-3620. Please refer to the docket 

number R11-19 in your request. The Board order is also available from the Board's Web 

site (www.ipcb.state.il.us). 

The full text of the Adopted Amendments begins on the next page: 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER k: EMISSION STANDARDS AND LIMITATIONS FOR MOBILE SOURCES 

Section 

240.101 

240.102 

240.103 

240.104 

240.105 

240.106 

240.107 

Section 

240.121 

240.122 

240.123 

240.124 

240.125 

PART240 

MOBILE SOURCES 

SUBPART A: DEFINITIONS AND GENERAL PROVISIONS 

Preamble 

Definitions 

Prohibitions 

Inspection 

Penalties 

Determination ofViolation 

Incorporations by Reference 

SUBPARTB: EMISSIONS 

Smoke Emissions 

Diesel Engine Emissions Standards for Locomotives 

Liquid Petroleum Gas Fuel Systems 

Vehicle Exhaust Emission Standards (Repealed) 

Compliance Determination (Repealed) 

SUBPART C: SMOKE OPACITY STANDARDS AND TEST PROCEDURES FOR DIESELPOWERED HEAVY DUTY VEHICLES 

Section 

240.140 

240.141 

Applicability 

Smoke Opacity Standards and Test Procedures for Diesel-Powered Heavy 

Duty Vehicles 

SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS 

Section 

240.151 Applicability 
240.152 

240.153 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

Steady-State Idle Mode Vehicle Exhaust Emission Standards 

Compliance Determination 

SUBPART E: TRANSIENT LOADED MODE TEST EMISSION STANDARDS (Repealed) 

Section 

240.161 

240.162 

240.163 

240.164 

240.165 

Section 

240.171 

240.172 

240.173 

Applicability (Repealed) 

Vehicle Exhaust Emission Start-Up Standards (Repealed) 

Vehicle Exhaust Emission Final Standards (Repealed) 

Vehicle Exhaust Emission Fast-Pass Standards (Repealed) 

Compliance Determination (Repealed) 

SUBPART F: EVAPORATIVE TEST STANDARDS 

Applicability 

Evaporative System Integrity Test Standards 

Evaporative System Purge Test Standards (Repealed) 

SUBPART G: ON-ROAD REMOTE SENSING TEST EMISSION STANDARDS 

Section 

240.181 

240.182 

240.183 

Section 

240.191 

240.192 

240.193 

Applicability 

On-Road Remote Sensing Emission Standards 

Compliance Determination 

SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS 

Applicability 

On-Board Diagnostic Test Standards 

Compliance Determination 

240.APPENDIX A 

240.APPENDIX B 

240.TABLEA 

240.TABLEB 

240.TABLEC 

Rule into Section Table 

Section into Rule Table 

Vehicle Exhaust Emission Start-Up Standards (Repealed) 

Vehicle Exhaust Emission Final Standards (Repealed) 

Vehicle Exhaust Emission Fast-Pass Standards (Repealed) 

AUTHORITY: Implementing Sections 9 and; 10 and 13 and authorized by Sections 27 and 28 of 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

the Environmental Protection Act [415 ILCS 5/9, 10, 13, and 27, and 28] and Section 13CB-20 

ofthe Vehicle Emissions Inspection Law of2005+9% [625 ILCS 5/13CB-20]; implementing 

Section 13 109.2 ofthe Illinois Vehicle Code [625 ILCS 5/13 109.2}. 

SOURCE: Adopted as Chapter 2: Air Pollution, Part VII: Mobile Sources, filed and effective 

April14, 1972; codified at 7 Ill. Reg. 13628; amended in R85-25, at 10 ill. Reg. 11277, effective 

June 16, 1986; amended in R90-20 at 16 Ill. Reg. 6184, effective April 7, 1992; amended in R94-

20 at 18 Ill. Reg. 18013, effective December 12, 1994; amended in R94-19 at 18 Ill. Reg. 18228, 

effective December 20, 1994; amended in R98-24 at 22 Ill. Reg. 13723, effective July 13, 1998; 

expedited correction at 22 Ill. Reg. 21120, effective July 13, 1998; amended in R01-12 at 24 lll. 

Reg. 19188, effective December 18, 2000; amended in R01-8 at 25 ill. Reg. 3680, effective 

February 26, 2001; amended in R02-8 at 25 ill. Reg. 163 79, effective December 18, 2001; 

amended in R11-19 at 35 ill. Reg. , effective ___ _ 

BOARD NOTE: This Partpart implements the Environmental Protection Act as of July 1, 1994. 

SUBPART A: DEFINITIONS AND GENERAL PROVISIONS 

Section 240.102 Defmitions 

All terms thatwhteh appear in this Part have the definitions specified in this Sectionlla:rt, the 

Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C], and 35 ill. Adm. Code 201 and 

211. When\Vhere conflicting definitions occur between this Section and 35 ill. Adm. Code 201 

or 211, the definitions of this Section apply in this Part. 

"Adjusted loaded vehicle v;eight ("ALV\l/") means the value of the vehicle cmb 

'Height plus gross vehicle v;eight rating divided by two. 

"Agency" means the Illinois Environmental Protection Agency. 

"Diesel engine" means all types of internal-combustion engines in which air is 

compressed to a temperature sufficiently high to ignite fuel injected directly into 

the cylinder area. 

"Diesel locomotive" means a diesel engine vehicle designed to move cars on a 

railway. 

"Evaporative system integrity test" means a test of a vehicle's evaporative 

system. The test shall either consist of a leak check of a vehicle's fuel cap with a 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

fuel cap pressure decay tester (fuel cap pressure decay test), a fuel cap leak flow 

tester (fuel cap leak flow test), or a visual functional check, as applicable. 

"Fuel cap" means a device used to seal a vehicle's fuel inlet. 

"Fuel cap leak flow test" means a test which may be performed in accordance 

with this Part on a vehicle's fuel cap using a fuel cap leak flow tester to determine 

whether the vehicle complies with the evaporative system emission standards of 

this Part. 

"Fuel cap leak flow tester" means a device used to determine the leak flow 

integrity of a vehicle's fuel cap by comparing the measured leak flow of the fuel 

cap with an established fuel cap leak flow standard. 

"Fuel cap pressure decay test" means the test performed in accordance with this 

Part on a vehicle's fuel cap using a fuel cap pressure decay tester to determine 

whether the vehicle complies with the evaporative system emission standards of 

this Part. 

"Fuel cap pressure decay tester" means a device used to determine the pressure 

decay integrity of a vehicle's fuel cap by monitoring the pressure behind the fuel 

cap for a ten second period and comparing the measured pressure decay of the 

fuel cap to an established fuel cap pressure decay standard. 

"Fuel cap visual functional test" means the test performed in accordance with this 

Part on a vehicle's fuel cap using visual analysis to determine whether the vehicle 

complies with the evaporative system emission standards of this Part. 

"Full power position" means the throttle position at which the engine fuel 

delivery is at maximum flow. 

"Gross vehicle weight rating (GVWR)" means the value specified by the 

manufactUrer as the maximum design loaded weight of a single vehicle. 

"Heavy duty vehicle" means any motor vehicle rated at more than 8500 pounds 

GVWR or that has a vehicle curb weight of more than 6000 pounds or that has a 

basic vehicle frontal area in excess of 45 square feet. 

"High idle" means a vehicle operating condition with engine disconnected from 

an external load (placed in either neutral or park) and operating at speed of 2500 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

±300RPM. 

"IM240" means the transient mass emissions inspectioR procedure that the 

U8EPA developed aRd has been implemented for the use in the Illinois Enhanced 

Vehicle IRspectioR aRd MaiRtenance Program. 240 refurs to the 240 secoRd 

maximum duratioR of the driving cycle that the vehicle undergoes as it is 

positioRed OR the dyaamometer and essootially driveR for the purpose of 

measuriRg the mass amouRt of emissioRs comiRg out of the tail pipe. 

"Idle mode" means that portion of a vehicle emission test procedure conducted 

with the engine disconnected from an external load and operating at minimum 

throttle. 

"Initial idle mode" means the first of up to two idle mode sampling periods 

during a steady-state idle mode test, during which exhaust emission 

measurements are made with the vehicle in "as-received" condition. 

"Light duty truck 1" means a motor vehicle rated at 6000 pounds maximum 

GVWR or less and which has a vehicle frontal area of 45 square feet or less, and 

which is designed primarily for purposes of transportation of property or is a 

derivation of such a vehicle, or is designed primarily for transportation of persons 

and has a capacity of more than 12 persons, or is available with special features 

enabling off-street or off-highway operation and use. 

"Light duty truck 2" means a motor vehicle rated between 6001 and 8500 pounds 

maximum GVWR and which has a vehicle frontal area of 45 square feet or less, 

and which is designed primarily for purposes of transportation of property or is a 

derivation of such a vehicle, or is designed primarily for transportation of persons 

and has a capacity of more than 12 persons, or is available with special features 

enabling off-street or off-highway operation and use. 

"Light duty vehicle" means a passenger car or passenger car derivative capable of 

seating 12 passengers or fewer. 

"Loaded mode" means that portioR of a vehicle emissioR test procedure 

coRdueted vfith the vehicle positioRed and operatiRg under load OR a chassis 

dyaamometer. 

"Loaded vehicle weight (LV\V)" meaas the vehicle curb weight plus 300 pouRds. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

"Measured values" means five-second running averages of exhaust emission 

concentrations sampled at a minimum rate of twice per second. 

"Model year" means the year of manufacture of a motor vehicle based upon the 

annual production period as designated by the manufacturer and indicated on the 

title and registration of the vehicle. If the manufacturer does not designate a 

production period for the vehicle, then "model year" means the calendar year of 

manufacture. 

"Motor vehicle" as used in this Part, shall have the same meaning as in Section 1-

146 ofthe Illinois Vehicle Code [625 ILCS 5/1-146]. 

"Opacity" means the percentage oflight transmitted from a source that is 

prevented from reaching a light detector. 

"Preconditioning mode" means a period of steady-state loaded mode or high-idle 

operation conducted to ensure that the engine and emissions control system 

components are operating at normal operating temperatures, thus minimizing 

false failures caused by improper or insufficient warm-up. 

"Second-chance idle mode" means the second of two idle mode sampling periods 

during a steady-state idle mode test, preceded by a preconditioning mode and 

utilized as a second chance to pass idle exhaust emission standards immediately 

following an initial idle mode failure. 

"Snap-acceleration test" means a test to measure exhaust smoke opacity from 

heavy-duty diesel powered vehicles in accordance with the SAE Jl667 procedure, 

incorporated by reference at Section 240.107 of this Subpart. 

"Steady-state idle test" means a vehicle emission test procedure consisting of an 

initial idle mode measurement of exhaust emissions followed, if necessary, by a 

loaded or-high idle preconditioning mode and a second-chance idle mode. 

"Transient loaded mode test" or "IM240 testing" or "transient IM240 loaded 

mode mchaust emission test procedure" or "transient IM240 test procedure" 

means a vehicle emissions test run on an inertial and power absorbing 

dynamometer using USEPA's 1~4240 driving cycle consisting of accelerations and 

decelerations simulating on road driYing conditions. 

"Vehicle curb weight" means the actual vehicle weight plus standard equipment 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

and a full fuel tank. 

(Source: Amended at 35 Ill. Reg. __ -> effective ----' 

Section 240.104 Inspection 

a) All motor vehicles subject to inspection pursuant to Section 13CB-15 of the 

Vehicle Emissions Inspection Law of2005.f.9.% [625 ILCS 5/13GB-15] shall 

comply with applicable vehicle emission standards contained in Sections 240.152, 

240.162,240.163,240.172,240.182, and 240.192 of this Part. 

b) All diesel-powered vehicles subject to inspection pursuant to Section 13-109.1 of 

the lllinois Vehicle Code [625 ILCS 5/13-109.1] must comply with applicable 

smoke opacity standards set forth in Section 240.141(a) of this Part. 

(Source: Amended at 35 ill. Reg. ___ _, effective __ __/ 

Section 240.105 Penalties 

a) Any violations of Sections 240.103, 240.121, 240.122, oraae 240.123 of this Part 

shall be subject to the penalties as set forth in Section 42 of the Act [ 415 ILCS 

5/42]. 

b) Any violations of Sections 240.104(b), 240.152, 240.162, 240.163, 240.172, 

240.182, ortmd 240.192 of this Part shall be subject to the penalties as set forth in 

Sections 13GB-55 and 13CR-60 ofthe Vehicle Emissions Inspection Law [625 

ILCS 5/13CR-55 and 13CR-60]. 

c) Any violation of Section 240.141(a) ofthis Part will be subject to penalties as set 

forth in Section 13-109.1 ofthe Illinois Vehicle Code [625 ILCS 5/13-109.1]. 

(Source: Amended at 35 ill. Reg. ___ __J effective ----' 

Section 240.106 Determination of Violation 

a) Any violations of Sections 240.103, 240.121, 240.122, oraaa 240.123 of this Part 

shall be determined by visual observation or by a test procedure employing an 

opacity measurement system as qualified by 35 Ill. Adm. Code 201, Subpart J. 

b) Any violations of Sections 240.152, 240.162, 240.163, 240.172, 240.182, or 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

240.192 of this Part shall be determined in accordance with test procedures 

adopted by the Agency in 35 Ill. Adm. Code 276. 

c) Any violation of Section 240.141 (a) of this Part will be determined in accordance 

with test procedures set forth in Section 240.141(b) ofthis Part. 

(Source: Amended at 35 TIL Reg. ____ , effective _ __ _, 

Section 240.107 Incorporations by Reference 

The following materials ismaterials are incorporated by reference and includesinclude no later 

editions or amendments: 

a}Society of Automotive Engineers (SAE), 400 Commonwealth Drive, Warrendale, PA 

15096-0001, www.sae.org: Report J1667 Snap-Acceleration Smoke Test Procedure for 

Heavy-Duty Diesel Powered Vehicles (February 1996). 

51 United States Environmental Protection Agency (USEPA), ''High Tech IJM Test 

Procedures, Emission Standards, Quality Control Requirements, and Equipment 

Specifications: IM240 and Functional Evaporative System Tests, Revised 

Technical Guidance," Report EPA AA. RSPD IM 96 1 (June 1996), 2565 

Plymouth Road, Ann Arbor, MI 48105. 

(Source: Amended at 35 Ill. Reg. ___ _, effective ___ _, 

SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS 

Section 240.151 Applicability 

The standards of this Subpart f)-apply to thoseaH vehicles identified in subsection 13C-25(d) 

inspected upon implementation of the Vehicle Emissions Inspection Law of20051995 and 

identified in Subsections 13GB 25(c) and (d) ofthat l&.v utilizing steady state e~aust emission 

test procedures adopted by the Agency. 

(Source: Amended at 35 Ill. Reg. ____ , effective ___ _, 

Section 240.152 Steady-State Idle Mode Vehicle Exhaust Emission Standards 

a) Exhaust emissions from light duty vehicles shall not exceed the following 

limitations: 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

Model Year 

1968 1971 

1972 1974 

1975 1977 

1978 1979 

W&G 

1996-l-98-1- and 

newerlatef 

Carbon Monoxide 

(%) 

9:t) 

&-:t) 

+JJ 

~ 

~ 

1.2 

Hydrocarbons as Hexane 

(ppm) 

900 

%00 

+00 

eoo 

JOO 

220 

b) Exhaust emissions from light duty trucks 1 and light duty trucks 2 shall not 

exceed the following limitations: 

Model Year 

1968 1971 

1972 1974 

1975 1978 

1979 1980 

1996-l-98-1- and 

newerlatef 

Carbon Monoxide 

(%) 

9:t) 

&-:t) 

+JJ 

~ 

1.2 

Hydrocarbons as Hexane 

(ppm) 

900 

%00 

+00 

eoo 

220 

c) Exhaust emissions from heavy duty vehicles shall not exceed the following 

limitations: 

Model Year 

1968 1971 

1972 1978 

1979 1984 

1996-l-98-1- and 

newerlatef 

Carbon Monoxide 

(%) 

% 

9:t) 

+JJ 

3.0 

(Source: Amended at 35 TIL Reg._, effective__) 

Section 240.153 Compliance Determination 

Hydrocarbons as Hexane 

(ppm) 

HOO 

900 

+00 

300 

Compliance shall be detefl].1ined based upon the measurement of exhaust emissions using the 

steady-state idle test while the vehicle to be tested is operating in the idle mode. The vehicle 

shall pass exhaust emissions inspection if at any time during the initial idle mode or second-
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

chance idle mode of the steady-state idle test the measured values are at or below the applicable 

limits of Section 240.152 of this Subpart. Vehicles failing the initial idle mode shall undergo a 

loaded or high idle preconditioning mode and receive a second-chance idle mode unless no 

measured values less than 1800 ppm HC are obtained within an elapsed time of30 seconds. 

(Source: Amended at 35 TIL Reg. __ ____/ effective---' 

SUBPART E: TRANSIENT LOADED MODE TEST EMISSION STANDARDS 

Section 240.161 Applicability (Repealed) 

The standards ofthis Subpart apply to model year 1981 and newer light duty vehicles, light duty 

trucks 1, and light duty trucks 2 v;hich are inspected utilizing transient IM240 loaded mode 

CKhaust emission test procedures adopted by the Agency in 35 Ill. l\dm. Code 276. 

(Source: Repealed at 35 Ill. Reg. ___ , effective __ ____/ 

Section 240.162 Vehicle Exhaust Emission Start-Up Standards (Repealed) 

Vehicle mchaust emission start up standards contained in Section 240.Table l·L of this Part shall 

apply for all vehicles subject to inspection until JanuEli)' 31, 2001. From February 1, 2001, 

onward, 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 (gprn). 

(Source: Repealed at 35 Ill. Reg. ___ , effective __ ____/ 

Section 240.163 Vehicle Exhaust Emission Final Standards (Repealed) 

Begin.Iing February 1, 2001, vehicle exhaust emission final standards contained in Section 

240.Table B of this Part shall apply for all vehicles subject to mwept for model year 1981 

through model year 1987 LDV, LDTI, and LDT2 vehicles, '.vhich shall continue to use the 

standards contained in Section 240.Ta-ble A of this Part as described in Section 240.162. All 

standards are expressed in grams per mile (gpm). 

(Source: Repealed at 35 Ill. Reg. __ ____/ effective __ ____, 

Section 240.164 Vehicle Exhaust Emission Fast-Pass Standards (Repealed) 

Vehicle exhaust emissions fast pass standards contained in Section 240.Ta-ble G of this Part will 

apply for all vehicles subject to inspection under Section 240.161 of this Part utilizing the IM240 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

transient loaded mode exhaust emission test procedures that have been adopted by the Agency in 

35 lll. Adm. Code 276. All standards are eKpressed as the cumulati'IC grams for each second of 

the composite and Phase 2 tests. 

(Source: Repealed at 35 Ill. Reg. __ _, effective __ ____, 

Section 240.165 Compliance Determination (Repealed) 

at Vehicle EJrnaust Emission Start U}J and Final Standards Compliance shall be 

determined based upon the measurement of mchaust emissions while operating the 

vehicle on a dynamometer and following the driving cycle as specified for the 

transient IM240 test procedures adopted by the 1\:gency. If the corrected, 

composite emission rates eJcceed standards for any pollutant, additional analysis 

of test results shall review the second phase ("Phase 2") ofthe driving cycle 

separately. Phase 2 shall include second 94 through second 239 of the driving 

cycle. Second by second emission rates in grams and composite emission rates in 

grams per mile for Phase 2 and for the entire composite test shall be recorded for 

each pollutant. For any given pollutant, if the composite emission le:vel is at or 

below the composite standard or if the Phase 2 grams per mile emission level is at 

or below the applicable Phase 2 standard, then the vehicle shall pass the test for 

that pollutant. Composite and Phase 2 emission rates shall be calculated in 

accordance with procedures specified in "High Tech liM Procedures, Emissions 

Standards, Quality Control Requirements, and Equipment Specifications: IM240 

and Functional Evaporative System Tests, Revised Technical Guidance", 

incorporated by reference at Section 240.107(c) ofthis Part. 

Vehicle Exhaust Emission Fast Pass Standards Compliance will be determined 

based upon the measurement of eKhaust emissions '.vhile operating the vehicle on 

a dynamometer and following the driving cycle as specified for the transient 

IM240 test procedures adopted by the Agency. ·vehicles will be fast passed using 

the follow'.ng algorithm: 

B Beginffing at second 30 ofthe driving cycle, cumulative second by second 

emission levels for each second, calculated from the start of the cycle in 

grams, will be compared to the cumulative fast pass emission standards 

for the second under consideration .. Beginning at second 109, fast pass 

decisions are based upon analysis of cumulative emissions in Phase 2, the 

portion of the test beginning at second 94, as well as emission levels 

accumulated from the beginning of the composite test. 
ILLINOIS REGISTER 

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NOTICE OF ADOPTED AMENDMENTS 

A vehicle will pass the transient IM240 test for a given pollutant if either 

ofthe following conditions occurs: 

At cumulative emissions of the pollutant are belmv the full cycle fast 

pass standard for the second under consideration; or 

at second 109 and later, cumulative Phase 2 emissions are below 

the Phase 2 fast pass standards for the second under consideration. 

Testing may be terminated Vlhen fast pass criteria are met for all subject 

pollutants in the same second. 

If a fast pass determination cannot be made fer all subject pollutants 

before the driving cycle ends, the pass/fail determination for each 

component will be based on composite or Phase 2 emissions over the full 

driving cycle according to the procedures in subsection (a) of this Section. 

In cases vlhere fast pass standards are not used, composite emission rates 

in grams per mile fer Phase 2 and fer the entire composite test 'Nill be 

recorded for each pollutant. 

Composite and Phase 2 emission rates will be calculated in accordance 

with procedures specified in "High Tech JJM Procedures, Emissions 

Standards, Quality Control Requirements, and Equipment Specifications: 

IM24 0 and Functional Evaporative System Tests, Revised Technical 

Guidance" incorporated by reference at Section 240.1 07(c) ofthis Part. 

(Source: Repealed at 35 Ill. Reg. _ __ , effective __ ___, 

SUBPART F: EVAPORATIVE TEST STANDARDS 

Section 240.171 Applicability 

The standards of this Subpart apply to those vehicles identified in subsection 13C-25(d) of the 

Vehicle Emissions Inspection Law of2005The standards of Section 240.172 of this Subpart shall 

apply to all model year 1968 and ne>.ver vehicles required at the time of manufacture to be 

equipped with evaporative emission control systems. 

(Source: Amended at 35 TIL Reg. __ ___, effective __ ___, 

SUBPART G: ON-ROAD REMOTE SENSING TEST EMISSION STANDARDS 
ILLINOIS REGISTER 

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NOTICE OF ADOPTED AMENDMENTS 

Section 240.181 Applicability 

The standards of this Subpart apply to thosealt vehicles tested pursuant to subsection 13C15(b)(ll) ofthe Vehicle Emissions Inspection Law of2005vlhich are inspected utiliziB:g the oB: 

road remote seB:sing exhaust emissioB: test procedures that 'vVill be adopted by the AgeB:cy in 35 

Ill. Adm. Code 276. 

(Source: Amended at 35 Ill. Reg. ___ , effective __ ___/ 

Section 240.182 On-Road Remote Sensing Emission Standards 

Exhaust emissions from all subject vehicles and trucks shall not exceed the following limitations: 

Model Year 

1996 and newer1992+ 

198g 1991 

1981 1987 

1975 1980 

196g 1974 

Hydrocarbons 

(ppm) 

400 

Carbon Monoxide 

(%) 

2.0 

(Source: Amended at 35 Ill. Reg. __ ___) effective __ ___./ 

SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS 

Section 240.191 Applicability 

The standards of this Subpart apply to those vehicles tested pursuant to subsection 13C-25(c) of 

the Vehicle Emissions Inspection Law of2005all1996 and n0'¥Ver model year light duty vehicles, 

light duty trucks 1, and light duty trucks 2 that are required to meet the standards contained in 4 0 

CPR§ g6.094 17 and v;hich are inspected utilizing the on board diagnostic test procedures 

contained in 35 Ill. l.cdm. Code 276.209. Vehicles that receive a result of fail do not thereby fail 

their emissions test until January 1, 2002. 

(Source: Amended at 35 Ill. Reg. ___ , effective----' 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

Section 240.TABLE A Vehicle Exhaust Emission Start-Up Standards (Repealed) 

Light Duty Vehicles: 

Model Years Hydrocarbons 

Composite Phase 2 

Egpmj Egpmj 

1996=¥ ~ ~ 

1991 1995 ~ ~ 

1983 1990 ~ ~ 

1981 1982 ~ ~ 

Light Duty Trucks 1 : 

Model Years Hydrocarbons 

Composite 

Egpmj 

1996+ 

(<3750 ~ 

prm) f474 

(> 3750 -hOO 

L'"ll) • h · 

1991 1995 ~ 

1988 1990 ~ 

1984 1987 ~ 

1981 1983 ~ 

Light Duty Trucks 2: 

Phase 2 

Egpmj 

~ 

~ 

~ 

~ 

~ 

~ 

Modei Years Hydrocarbons 

Composite Phase 2 

Egpmj Egpmj 

Carbon Monoxide 

Composite Phase 2 

Egpmj Egpmj 

-1:-5.,4 -1-2--:4 

W:4 ~ 

~ ~ 

~ 48-:-G 

Carbon Monoxide 

Composite Phase 2 

tgpfflj Egpmj 

-1:-5.,4 -1-2--:4 

W:4 ~ 

~ 48-:-G 

~ M:4 

~ M:4 

+00:4 W:-0 

0Kides ofNitrogen 

Composite Phase 2 

Egpmj Egpmj 

~ R:eser:ved 

g R:esOF¥ed 

~ R:esOF9•ed 

~ R:esOF¥ed 

Oxides of Nitrogen 

Composite 

tgpfflj 

~ 

g 

~ 

~ 

+.JJ 

+.JJ 

Phase 2 

Egpmj 

Reserved 

Reserved 

R:eser:ved 

R:eseF<•ed 

R:esOF¥ee 

R:eser:ved 

Carbon Monmtide Oxides of}>litrogen 

Composite Phase 2 Composite Phase 2 

tgpmt tgpmt tgpmt Egpmj 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

~~+~G .f-:.00 M3- ~ -!44 

l>l:,lf'IUj !..£ ¥4-1 

(> ~+~G 2-:4-G ~ ~ 4%:4 

6 :b:lT'Illj !.£ YYf 

1991 199§ 2-:4-G ~ ~ 4%:4 

1988 199G ~ ~ W-:G 64-4 

1984 198+ ~ ~ W-:G 64-4 

1981 198~ ~ ~ ~ W-:G 

(Source: Repealed at 35 Ill. Reg. __ , effective_) 

M 

+.(;) 

~ 

~ 

+:{) 

+:{) 

Reserved 

Reserved 

Reserved 

Reserved 

Reserved 

Reserved 

Section 240.TABLE B Vehicle Exhaust Emission Final Standards (Repealed) 

bight Duty Vehicles: 

Model Years Hydrocarbons 

Composite Phase 2 

fgpmf fgpmf 

.f-9%+ ~ (}..4{} 

198~ 199~ ~ ~ 

1981 1982 ~ ~ 

bight Duty Trucks 1: 

Model Years Hydrocarbons 

Composite Phase 2. 

Egpmt fgpmj 

1996n¥ 

b~+§G ~ (}..4{} 

b'm9 F+f 

(> ~+~G ~ ~ 

IN\¥) 

1988 199~ ~ -hW 

1984 198+ ~ .f-:.00 

1981 198~ ;AG ~ 

Carbon Monoxide 

Composite Phase2 

(gpm1 fgpmf 

Carbon Monm~:ide 

Composite Phase 2 

fgpmj Egpmt 

-l4G ~ 

~ -l4G 

~ ~ 

~ ~ 

~ ~ 

0Kides ofl'J'itrogen 

Composite 

(gpm1 

Phase 2 

fgpm1 

Reserved 

Reserved 

Reserved 

Oxides ofl'htrogen 

Composite Phase 2 

fgpmf ~ 

M Res~'ed 

-1-:% Reserved 

M Reserved 

~ Res~•ed 

~ Reserved 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

Light Duty Trucks 2: 

Model Years Hydro carbons Carbon Manmade Oxides ofNitrogen 

Composite Phase 2 Composite Phase 2 Composite Phase 2 

fgpmj fgpm1 fgpmj fgpm1 fgpm1 Egpm1 

-1-99M 

E~ ~+~G MG MQ H-:-G +Q.:G +-:% :R:esOFYee 

!.E 6 L:F'~'5Zj v-+. 

E;::. ~::;z~G MG MQ ~ -l4.4 2-:-G Reserved 

:PeL\ T'l,l,Zj 

1988 199~ -h@ -hOO 4-G-:G ~ B ResOFYee 

1984 198+ -h@ -hOO 4-G-:G ~ ~ Reserve4 

1981 1983 ~ 2-:-G(} +(M) ~ ~ :R:esef\'M 

(Source: Repealed at 35 Ill. Reg._, effective___) 

Section 240.TABLE C Vehicle Exhaust Emission Fast-Pass Standards (Repealed) 

a1 Vehicles having composite hydrocarbon emission limitations of less than 1.2~ 

grams per mile, in gection 24G.Table A or gection 24G.Table B, shall use the 

hydrocarbon fast pass standards contained in this subsection. Vehicles having 

composite carbon monoxide emission limitations ofless than 2G.G grams per mile, 

in gection 24G.Table A or gection 24G.Table B, shall use the carbon monmlide 

fast pass staneards contained in this subsection: 

Hydrocarbons Carbon Monoxide 

gecond Composite Phase 2 Composite Phase 2 

w Q±24 NIA ~ NIA 

;.+ ~ NIA ~ NIA 

~ ~ WA: G-:W WA: 

~ ~ N+A ~ NIA 

M G-:+4G WA: ~ WA: 

~ (h.1.46 WA: ~ NIA 

~ ~ WA: MOO WA: 

~ Q.:+£ NIA M6G NIA 

3-& ~ WM: ~ WM: 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

~ ~ NfA ~ NfA 

4G ~ W+A ~ NfA 

4-l- M@ W+A ~ NfA 

~ ~ W+A HW NfA 

4J ~ W+A HH NfA 

44 ~ W+A H-l-4 NfA 

# (}.+9.7 NfA ~ NfA 

44 ~ W+A -l-M4 NfA 

4+ ~ W+A ~ NfA 

48- ~ W+A -h£G W+A 

49 ~ W+A ~ N,LA 

.§.G ~ WA ~ NfA 

~ ~ WA M-1+ NfA 

£ ~ NfA ~ NfA 

£ ~ NfA ~ N,LA 

M ~ NfA ~ NfA 

g ~ WA -1-:689 NfA 

~ ~ NfA ~ NfA 

~ ~ NfA -l-:+00 NfA 

.s& ~ WA ~ NfA 

~ ~ N,LA ~ N,LA 

eG ~ N,LA ~ NfA 

e+ ~ NfA ~ NfA 

@ ~ N,LA ~ NfA 

g ~ NfA 1-:-900 WA 

64 ~ NfA -h-9-1-1 NfA 

~ ~ NfA -l-:-944 NfA 

66 ~ NfA ~ NfA 

(H. ~ N,LA ~ NfA 

e& ~ NfA ~ NfA 

e9 ~ NfA ~ NfA 

+IJ ~ NfA H-G4 NfA 

+1- ~ NfA HH NfA 

~ ~ NfA 2~ NfA 

=P.r ~ NfA ~ NfA 

f4 ~ NfA H-3& N,LA 

+§. ~ NfA ~ NfA 

+e ~ NfA ~ NfA 

++ ~ NfA ~ NfA 

=1-8- ~ NIA ~ NfA 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

19 (8.-l-4 NfA ~ NfA 

w ~ NfA ~ NfA 

8-l- ~ NIA ~ NIA 

~ ~ NIA ~ NIA 

~ ~ NfA ~ NIA 

84 ~ NfA ~ N/A 

&5 ~ NfA ~ NfA 

86 ~ NfA ~ NfA 

Sf ~ NfA ~ NfA 

S% ~ NfA ~ NIA 

&9 ~ NfA ~ NIA 

00 ~ NfA ~ NfA 

9+ ~ NfA ~ NfA 

w, ~ NfA ~ NfA 

w ~ NIA ~ NIA 

94 ~ NIA ~ NfA 

% ~ NfA ~ NfA 

% ~ NfA HM NIA 

9+ ~ NIA ~ NIA 

9-8 ~ NIA ~ NfA 

99 ~ NIA ~ NfA 

-l-00 ~ NIA MOO NfA 

-1-G+ GA-l{) NIA ~ NfA 

~ GA-l-l- NIA ~ NIA 

~ ~ NIA ~ NfA 

-W4 MH NIA ~ NfA 

-1-% MU NfA ~ NfA 

+% G4U NfA ~ NIA 

-±4+ ~ NIA ~ NIA 

-!4& ~ NIA ~ NfA 

.f..G9. Q.4.W ~ H&-1 ~ 

H4 ~ ~ B% ~ 

+H (}..464 ~ ~ ~ 

~ G-A-66 ~ ~ ~ 

-t-H Me& ~ ~ ~ 

H4 M-1+ ~ ~ 049+ 

~ (}.4.8& ();006 ~ (8.-l-4 

-t+e ~ ~ ~ ~ 

-H-+ ~ ~ 4.46l- ~ 

++& Me+ ~ 4.%3- ~ 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

-t-l-9 M+J. ~ 4.-W-9- ~ 

-1-2-G ~ ~ 4:-l4G ~ 

~ M-&e ~ ~ {8-8-& 

~ ~ M4G 4-:-l-99 MW 

~ ~ M4+ ~ M63-

~ ~ Me ~ MW 

-1-:U ~ Me ~ ~ 

~ ~ Me ~ ~ 

H-+ ~ (}..00 4M4 ~ 

.m ~ M46 ~ ~ 

w M3-1 M46 ~ G:-£.8. 

.gt) Q.M+ GM9 ~ MW 

.g.}. ~ ~ 4.-3+2 MW 

m G-M-4 ~ ~ ~ 

.g; M# ~ ~ ~ 

~ GM-+ ~ ~ ~ 

~ M§+ ~ ~ ~ 

-H6 ~ ~ ~ MM 

~ ~ ~ 4-;£4 ~ 

-8% G-:666 M* ~ ~ 

-89 ~ ~ ~ ~ 

-l4Q ~ Me+ ~ ~ 

-l-4± Mn Me+ ~ ~ 

~ ~ Me+ ~ ~ 

~ ~ ~ ~ ~ 

+44 M&-t- M64 ~ ~ 

.f.# M84 ~ ~ ~ 

-l-46 MS6 ~ ~ ~ 

+4+ ~ ~ ~ ~ 

-1-4& ~ Me& ~ (}...14S 

+49 ~ M69 ~ ~ 

+W G-:@4. ~ ~ ~ 

~ ~ MU 4-:-SM ~ 

~ ~ Mn 4-:-SM ~ 

~ (h.100 M-n ~ ~ 

B4 ~ M-n ~ G-:-+99 

~ ~ M:t4 4:8M ~ 

B6 ~ ~ ~ (}..84£. 

~ ~ G-:W-9 H4-l- MW 

H& ~ ~ ~ ~ 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

~ ~ ~ &:&7G ~ 

-leG ~ ~ ~ ~ 

+&!- G:+.W ~ ~ ~ 

~ G:-184 ~ 9M-&- ~ 

~ ~ ~ ±9.918 ~ 

M4 G-:&4Q ~ ±~.1§+ ~ 

+M ~ ~ ±~.+~± ~ 

Me ~ ~ 1~.8~± ~ 

-147 Moo. G-:-l-86 1~.89~ 4.-9-£. 

M& MW (h}89 ±~.9~~ ~ 

WI (h9.M ~ n.+G~ ~ 

m M.f-6 ~ 14 ±~9 ~ 

+++ G:9+9 ~ 14.994 ~ 

~ ~ ~ l§.+Q4 MW 

~ (}..94& ~ H) ~§3 &.-+% 

++4 ~ ~ 19.9Q+ ~ 

~ ~ ~ l+.e§§ &lM 

m +:oof ~ l8.Q~Q ~ 

+++ ~ ~ 18.~49 ~ 

~ ~ ~ l8.e+l ~ 

m +.-Gf4 ~ ±8 9+~ ~ 

~ ~ ~ 19.~~8 %-:9--8-

.f-8+ -};{}99 ~ ~Q.B3 ~ 

~ ~ ~ ~Q.4Q§ ~ 

+&; ~ ~ ~Q.+§4 ±G.~§e 

+84 H.£ ~ ~±.984 lQ.89~ 

~ -±-:+6+ ~ ~±.9§§ lQ.999 

-t-86 -hl-68- MOO ~~.e§G ±l.~Ge 

-t-81 ~ ~ ~~.989 ll.§±4 

18-& -l-:+8+ ~ ~3 §3§ 11.894 

w ~ Q.4.l..& ~~.8+9 l~.Ql9 

+9G ~ ~ ~4 Ql8 l~.l+Q 

+9-1- ~ ~ 2;4.494 12;.§1+ 

~ ~ Q4§.+ 2;4.98§ 12;.§98 

+9J. ~ ~ 2;4.9~± ±;?;.9;?;§ 

+94 ~ Mg.;L ;!§.l 88 1~.9§3 

4-% ~ MG-t- 2;§.468 ±~.+++ 

+% ~ M-I-G ~§.a~+ 1~.9Q9 

.f.W ~ ~ 2§.+49 ±2;.989 

.f-9& ~ ~ ~§.8§Q l3.Q9Q 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

+99 HM ~ 2:§.9+4 B.±9§ 

~ HH ~ 2:9.± 4 t B.2:42: 

~ ~ ~ 2:9.2:2:§ B.4±2: 

~ ~ ~ 2:9.338 B .99:t: 

~ H4-l- M4+ 2:9.§4+ 13.++3 

~ ~ M£. 2:9.8U~ 13.942: 

~ ~ M-§9 :t:;z.Q§:t: ±4.Q9Q 

~ ~ ~ 2:+.393 14.2:2:4 

~ -l-:4G& ~ :t:+.§Q1 14.42:9 

~ ~ ~ 2:+.932: 14.498 

~ ~ ~ :t:+.8G3 14.++9 

:2:-W ~ M-+9 2:+.9§3 14.9G+ 

~ -1:-A£. ~ 2:8.2:Q§ ±4.919 

~ ~ ~ 2:8.§43 l§.Ql4 

£-l-3. -l-46% Ml4 2:8.99+ l §.2:2:1 

;H-4 ~ ~ 2:9.QQQ ±§.4+2: 

~ .f-:.4+4. ~ 2:9.QQ§ l§.§§§ 

m ~ ~ 2:9.Q8l l§.9§:t: 

U+ +48+ ~ 2:9.2:81 1§.999 

ug +A&4 ~ 2:9.483 l9.G:t:8 

:2:-l-9 -l-48+ ~ 2:9.+34 19.3+§ 

~ ~ ~ 2:9.8Q3 19.48+ 

~ -l-AW ~ 2:9.82:1 l 9.§2:4 

~ -hW4 ~ 2:9.84+ 19S78 

~ ~ ~ 29.892: 19.984 

~ 84-+ ~ 29.8+3 19.+§§ 

~ M49 ~ 3Q.QQ8 19.n:g 

m ~ (+..694 3G.1:t:9 19.8G§ 

~ M-+4 ~ 3Q.l:t:+ 19.89§ 

m M-1-9 ~ 3Q.l:t:+ 19.99G 

m M%4 ~ 3Q.2Q8 ±9.99G 

~ ~ ~ 3Q.314 19.992 

~ -h§W ~ 3Q.32:3 19.988 

~ ~ ~ 3Q.32:§ 1+.G+:t: 

~ H98- ~ 3Q.398 l+.Q94 

~ fflG4 ~ 3Q.4H l+.l84 

~ .J..:.e.l4 ~ 3G.419 1+.18+ 

~ ~ ~ 3Q.428 l+J88 

~ ffl.l-3. ~ 3Q.43Q 1+.189 

;gg +.41-4 ~ 3Q.4§2: 1+.2:4± 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

30.488 17.370 

Vehicles having composite hydrocarbon emission limitations of at least 1.25 

grams per mile but less than 2.00 grams per mile, in Section 240.Table A or 

Section 240.Table B, shall use the hydrocarbon fast pass standards contained in 

this subsection. Vehicles having and composite carbon monoxide emission 

limitations of at least 20.0 grams per mile but less thaE: 30.0 grams per mile, in 

Section 240.Table A or Section 240.Table B, shall use the carbon monmdde fast 

pass standards contained in this subsection; 

Hydrocarbons Carbon Monoxide 

Second Composite Phase 2 Composite Phase 2 

~ ~ WA ~ WA 

3-l- ~ WA -h§46 WA 

~ ~ WA Me& WA 

" ~ WA ~ WA 

~ ~ WA +:-m WA 

~ ~ WA -I-:eQ2. WA 

% ~ WA -l-:-62-l- WA 

Jrl ~ WA ~ WA 

~ ~ WA ~ WA 

~ (h29& WA H84 WA 

4{} (8..g WA -l-:-8-79 WA 

4+ ~ WA ~ WA 

~ ~ WA ~ WA 

4; QM.2. WA ~ WA 

44 ~ WA ~ WA 

# ~ WA MG6 WA 

46 fh-3.89 WA ~ WA 

4-1 MG% WA ~ WA 

4& G-:42.3- WA 2~ WA 

49 ~ WA ~ WA 

w M44 WA ~ WA 

~ (}..#4. WA ~ WA 

~ GAM WA ~ WA 

£ ~ WA ~ WA 

-54 M-7& WA HM WA 

~ ~ WA ~ WA 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

M MW- WA: ~ WA: 

fH- MOO WA: ~ NIA: 

~ ~ WA: 3-:-§.-l-& NIA: 

.§9 MiA NfA ~ NfA 

6G G-:-£.1 NfA ~ NIA: 

6-l- M4() WA: ~ NIA: 

@ M43- NfA ~ NIA: 

g M46 NIA: ~ NfA 

64 M* NIA: ~ WA: 

6-§. ~ NfA ~ WA: 

ee ~ NfA ~ WA: 

fH ~ WA: ~ NIA: 

6& MSS NfA ~ NfA 

@ M-9-§. WA: ~ WA: 

+Q ~ WA: ~ WA: 

+1- M% WA: 4.-009 WA: 

'+}: ~ WA: ~ WA: 

+};. ~ WA: ~ WA: 

-14 M3+ WA: 4-:G£. WA: 

=74 (}..64.; WA: ~ WA: 

~ ~ WA: 4-:{}11 WA: 

ft M@ NfA ~ NfA 

+8 ~ NfA ~ WA: 

+9 ~ WA: ~ WA: 

~ M8-l- WA: ~ WA: 

&-!- ~ WA: ~ WA: 

~ ~ WA: ~ WA: 

&J. ~ NfA ~ NfA 

&4 G-:-100 WA: ~ WA: 

~ ~ WA: 4.-§-l.& WA: 

&e G-:+W WA: 4-:£{} NIA 

&-+ 9-:-1-H WA: ~ WA: 

&& ~ WA: ~ WA: 

&9 ~ NfA ~ NfA 

w ~ WA: ~ NfA 

9-l- ~ NIA: ~ NIA: 

~ ~ WA: ~ NIA: 

w ~ WA: 4-:£.& NfA 

94 ~ WA: 4-:£.& WA: 

% ~ NM: 4-:£.& NIA: 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

% ~ WA 4.£-9 WA 

9=1- ~ WA ~ WA 

9% (h.fft. WA +.+@ WA 

99 ~ WA ~ WA 

+00 ~ WA 4.-&&6 WA 

W-1:- G-:8-1-G WA +.%-+ WA 

w ~ WA H-(}4. WA 

+00- ~ WA ~ WA 

+G4 ~ WA ~ WA 

~ ~ WA ~ WA 

~ ~ WA ~ WA 

-l-G-1 M99 WA ~ WA 

.w& G.$+ WA ~ WA 

.f-00. MM+ G-:Q4Q +:4f..9 ~ 

-1-l-G ~ ~ ~ ~ 

H-+ ~ M£. +;/-¥) ~ 

~ ~ ~ ~ ~ 

-l-H ~ ~ +:-8-89 ~ 

+M ~ M64 +B6{} ~ 

~ ~ ~ ~ M++ 

+M -h@G M8+ ~ M94 

-1-+7 +M+ ~ &-±-H- ~ 

-H.& ~ ~ ~ ~ 

.f-1.9 ~ ~ &-:-!4& ~ 

.f.2G ~ M94 ~ ~ 

-1-U ~ MfR. &-An ~ 

~ ~ 9:+00 ~ ~ 

.m ~ ~ ~ G-:-£.1-

~ -h®t- G:-f.% ~ ~ 

~ ~ ~ ~ ~ 

-1-U -hH-G (}...H.(} ~ M4& 

H-1 HM ~ ~ M-14 

m HU (}.-H-4 ~ M-l-4 

m ~ MM ~ ~ 

-1-W ~ M-i-8 8-#H- ~ 

H+ .J..:..HG ~ ~ M4G 

~ ~ ~ ~ GMe 

-l-3; -h-H4 ~ ~ ~ 

H4 ~ ~ &6W M£ 

~ ~ ~ ~ ~ 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

~ +:-+47 ~ 8-:+(H. ~ 

~ ~ ~ 9-:W) ~ 

H& ~ ~ ~ (}..+% 

H9 +.-1-86 (M.46 9-:3-8-9 ~ 

-l4G ~ (h.l.49 ~ ~ 

-l-4+ ~ ~ ~ ~ 

~ ~ ~ ~ ~ 

~ ~ ~ %@ ~ 

+44 ~ ~ 9-:+1-e ~ 

-l-4.§ ~ ~ ~ ~ 

-l-46 ~ G-:+e4 9-:&(}9. ~ 

+4+ ~ ~ ~ ~ 

-l4& ~ ~ ~ ~ 

-l-49 ~ ~ ~ G:-8-+4 

+SO HM ~ 9-:986 ~ 

-M+ ~ G-A+t H) Q~9 (}..9+4 

~ ~ ~ lG.G+~ ~ 

{g. ~ ~ lQ.Q9Q ~ 

-l-:§.4 +:3£ ~ lG.Hl§ ~ 

-1-M ~ ~ ±G.±4a ~ 

M6 HM ~ lQ.~4§ ~ 

+-§.+ ~ (}.-l-8.9 lG.~9+ ~ 

~ ~ ~ lG.9~~ .f-:.94.; 

~ H9-+ ~ 11.9+G ~ 

+6Q ~ ~ B.4~l ~ 

M+ -l-:44Q ~ 1§.~89 ~ 

~ ~ ~ 1§.91~ ~ 

1M ~ ~ ±a.§~G 4,.M& 

+64 ~ ~ l+.a~~ ~ 

~ ~ ~ l8.~aa ~ 

-1-66 M* (8{}9 19.869 ~ 

M+ ~ ~ ~G.+1l ~ 

-l-6% ~ ~ ~~-~19 ~ 

+@ ~ ~ ;t~.+§l ~ 

Ht} ~ ~ ~4.84~ ~ 

.f..+l.. ~ ~ ~§.HQ ~ 

~ ~ ~ ~§.+98 ~ 

-1-H HU G-:449 ~a.l~~ %344 

~ -h+-42 ~ ;ta.;,§~ ~ 

~ ~ M£. ~a.a;,8 &8-9-8-
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

-l-+6 ~ ~ ~+.~H9 9-:U+ 

++-+ -l-:-7&4 ~ ~+.~+9 lG.~~~ 

++& ~ ~ ~+ ~~G lG 8~8 

-l-+9 ~ ~ ~+ ~~~ lG.9~~ 

+W ~ G-M+ ~+.8~~ H.G6G 

+8-l- ~ M49 ~8.+6~ ll.188 

~ .f.-:&84 ~ ~9.4G~ 1!.~4~ 

+-&; .f-:.8% ~ ~9.9+± H.+~~ 

+84 ~ M&4 ~G.~+6 1~.~98 

~ {-;94G M9& ~G.988 1~.9~~ 

+8e +.-%& M-l-3- ~ l.G9~ B.~B 

.f.&+ ~ ~ ~ l.~ ±4 14.131 

-l-8& ~ ~ ~ 1.8~~ 14.8~9 

}89. -h99+ ~ ~~.~~9 1~.B+ 

+9G .J-:.9.9.3. ~ ~~.~4+ l~.B8 

-l-9+ -h9% ~ ~~ 8~~ 1~ 41 

m ~ (}.g9 3~.~~~ 1~.~9~ 

+W ~ MQ ~~ .4 4 4 1~.6~8 

-l-94 ~ MU 33.48~ l~ +G4 

+% £..M+ M8+ ~3.~16 1~.+~9 

.we ~ ~ ~549 ±6.G~8 

-l-9+ ~ G-:-+00 ~~.9§3 16.98+ 

m ~ ~ ~~.9+3 l+.G64 

+99 ~ ~ ~4.l ~9 l+.G+~ 

~ ~ ~ 34.191 !+.1~3 

~ ~ ~ 34.~~G 1+.33~ 

w ~ ~ ~4.469 l+.4G6 

~ ~ ~ 34.+16 ±+.641 

~ ~ ~ 34.969 !+.9~~ 

~ ~ ~ 3~.144 18.484 

~ ~ ~ ~~ .4 18 18.~~~ 

~ ~ ~ ~~ +66 18.6~8 

~ ~ ~ 3~ 949 18.9~~ 

~ ~ ~ 36.GlG 19.~68 

~ ~ (:h.8% 36.~48 l9.3G9 

~ ~ MW 3+.!+9 19.+31 

~ HM G-m4 3+.6§1 l9.9G~ 

~ ~ ~ 38.G4l ~G.Gl~ 

U4 ~ M4l- 3~L~9l ~G.~6G 

~ HM M* 38.8~~ ~G +39 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

~ ~ Mee ~8.86! 21.346 

U+ ~ M+-9 ~8.926 2l.8lG 

U-8- ~ ~ 39.194 22.GGl 

2-l-9 ~ M8+ 39.4;I4 22.29G 

~ H9+ ~ 39.668 22.3~4 

~ ~ ~ 39.f8l ~2.343 

~ ~ ~ ~9.89G 22.~2~ 

~ ~ ~ 39.9~4 2~.66l 

~ MG9 ~ ~9.984 ~~ aaa 

~ 2-A-8- M4+ ~9.989 2~.88;I 

~ ~ ~ ~9.99G 2~.888 

~ ~ ~ 39.99G ~~.869 

~ ~ ~ 39.99G ~2.6;IG 

m ~ i:-4W 39.991 ~2.a;II 

~ ~ M£ 4G.Gl~ ~2.8;Il 

~ ~ ~ 4G.G61 ~2.6;I2 

~ ~ ~ 4G.lla 22~ 

~ ~ ~ 4G.~49 ~~.8;I3 

~ ~ ~ 4G.2§3 ~~.6;I3 

~ ~ ~ 4G.29G ~~.a;I4 

~ ~ M66 4G.~8~ 2~.8;I~ 

~ ~ ~ 4G.488 ~~.6;I~ 

m ~ ~ 4G.;I~G 22.8;I~ 

~ ~ ~ 4G.;I83 ~2.a;I;I 

Vehicles having composite hydrocarbon emission limitations of~.GG grams per 

mile or greater, in Section 24G.Table A or Section ~4G.Table B, shall use the 

hydrocarbon fast pass standards contained in this subsection. Vehicles having 

composite carbon monoxide emission limitations of~G.G grams per mile or 

greater, in Section ~4G.Table A. or Section 24G.Table B, shall use the carbon 

monoxide fast pass standards contained in this subsection: 

Hydrocarbons Carbon Monmdde 

Second Composite Phase~ Composite Phase~ 

~ ~ N.fA ~ NfA 

3+ ~ NIA ~ NIA 

~ ~ NfA ~ NIA 

" (}..436 NIA 4:444 NIA 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

~ G4H N.f.A ~ NM: 

~ (MM N.f.A ~ NM: 

~ Me& N.f.A +.:749- N.f.A 

~ ~ N.f.A ~ N.f.A 

~ Q.4&-+ N.f.A 4-:-SH N.f.A 

~ MGe N.f.A ~ N.f.A 

44 ~ N.f.A S-:444 N.f.A 

4+ G-:-§4.9 N.f.A ~ N.f.A 

e M69 N.f.A ~ N.f.A 

43- ~ N.f.A :B+l NM: 

44 Moo. N.f.A ~ NM: 

# MU NM: &-l-99 N.f.A 

46 ~ N.f.A ~ N.f.A 

41 M49 NM: ~ N.f.A 

4& ~ N.f.A 641:-8 NM: 

49 ~ N.f.A ~ NM: 

w M% N.f.A ~ N.f.A 

§+ ~ N.f.A ~ N.f.A 

~ ~ N.f.A +=009- N.f.A 

.g ~ N.f.A ~ NIA 

M ~ N.f.A ~ N.f.A 

M ~ N.f.A ~ N.f.A 

M ~ N.f.A ~ N.f.A 

~ M-l-4 N.f.A ~ N.f.A 

~ ~ N.f.A ~ N.f.A 

~ ~ N.f.A ~ N.f.A 

6G ~ N.f.A ~ N.f.A 

6+ ~ N.f.A ~ N.f.A 

@: ~ N.f.A &9-i-6 N.f.A 

g M8-+ N.f.A ~ N.f.A 

M ~ N.f.A ~ N.f.A 

M ~ NM: ~ N.f.A 

ee ~ N.f.A ~ N.f.A 

&+ ~ N.f.A ~ NM: 

6% M# N.f.A ~ NfA 

69 ~ N.f.A ~ NM: 

f(J ~ N.f.A ~ N.f.A 

+f. MW N.f.A HU4G NfA 

::;.:;., ~ N.f.A lG.~~~ N.f.A 

':F3- G:-99f N.f.A lG ~el NfA 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

f4 ~ NIA l9.;;P8 NIA 

:j.f, ~ NIA 19.~99 NIA 

+fJ M* NIA l9.:tl§ NIA 

ff M64 NIA l9.:t99 NIA 

~ ~ NIA 19.844 NIA 

+9 -hG&-1 NIA l9.9~l NIA 

~ M9+ NIA H.9l9 NIA 

8+ ~ NIA ll.999 NIA 

~ +:+l-4 NIA Il.Ba NIA 

~ ~ NIA H.±~a NIA 

84 ~ NIA H.±e§ NIA 

~ ~ NIA H.l91 NIA 

~ Hm- NIA 1!.~9§ NIA 

g::;. +:u.+ NIA H.~H NIA 

%% ~ NIA LI:.~H NIA 

%9 ~ NIA 1l.~H NIA 

9Q ~ NIA ~H NIA 

9.f. -l-4+1- NIA ll.~~9 NIA 

~ H-1-9 NIA 11.~94 NIA 

~ ~ NIA 11.~~~ NIA 

94 ~ NIA H.~S§ NIA 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

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NOTICE OF ADOPTED AMENDMENTS 

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NOTICE OF ADOPTED AMENDMENTS 

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(Source: Repealed at 35 Ill. Reg._, effective___) 

Attachment 57

JCAR Certification of No Objection to Rulemaking 

dated April 12, 2011 

CO-CHAIR: 

SEN. MAGGIE CROTTY 

CO-CHAIR: 

REP. ANGELO "SKIP" SAVIANO 

EXECUTIVE DIRECTOR: 

VICKI THOMAS 

John Therriault, Clerk 

Illinois Pollution Control Board 

100 W. Randolph Street 

Suite 11-500 

Chicago ll... 60601 

Dear Mr. Therriault: 

ILLINOIS GENERAL ASSEMBLY 

700 STRATTON BUILDING 

SPRINGFIELD, ILLINOIS 62706 

217/785-2254 

April12, 2011 

SEN. PAMELA ALTHOFF 

SEN. DON HARMON 

SEN. JOHN 0. JONES 

SEN. DALE RIGHTER 

SEN. IRA SILVERSTEIN 

REP. GREGORY HARRIS 

REP. LOU LANG 

REP. DONALD MOFFITT 

REP. ROSEMARY MULLIGAN 

REP. ANDRE THAPEDI 

RECEIVED 

CLERK'S OFFICE 

APR 1 4 20n 

STATE OF IWNOIS 

Pollut!on Control Board 

This is to notify you that the Committee considered the following adopted rulemakings at its 

4/12/1 1 meeting and determined that No Objection will be issued thereto: 

Mobile Sources (35 Ill. Adm. Code 240) 

35 Ill. Reg. 129 - 1/3/11 

Please note that, pursuant to Section 5-lOO(f) of the Illinois Administrative Procedure Act, the 

fact that the Committee has not objected to the rulemakings does not constitute approval, express 

or implied, of the substance of the rulemakings. 

Thank you for your cooperation in this matter. 

Sincerely, 

Senator Maggie Crotty 

Co-Chairman 

SMC:RBH:DC:rm 

Att. 

Co-Chairman 

:::r:~f~ 
Attachment 58

Agency Rulemaking Proposal 

Revision of Enhanced Vehicle Emission Inspection 

and Maintenance (I/M) Regulations 

35 Ill. Adm. Code Part 240 

filed with the Board on October 3, 2011 

THE 

ATTACHED PROPOSAL 

. .... 

"' J;~ ~ OFF . 

- Ul. j ll J ~";; 

STATE OF llt.JHOIS 

Pollution Control Board 

IS BEING FILED PURSUANT TO 

SECTION 20 OF THE 

VEHICLE EMISSIONS INSPECTION LAW OF 2005 

[625 ILCS 5/13C-20] 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MA TIER OF: ) 

) 

REVISION OF ENHANCED VEIDCLE ) 

EMISSION INSPECTION AND ) 

MAINTENANCE (liM) ) 

REGULATIONS: AMENDMENTS TO ) 

35 ILL. ADM. CODE PART 240 ) 

R12- ~~ (Rulemafdng - Air) 

TABLE OF CONTENTS 

. UL; (, ; ~";; 

STATE OF IWHOIS 

Pollution Control Board 

f 

1. 

2. 

....... Cover Sheet indicating submittal under Section 20 of the Vehicle Emissions ""»• 

Inspection Law of2005 (625 ILCS 5/13C-20) LL -· .,IG 

· ·J ' INAL 

Notice of Filing 

.. ··--· ..... 3. Appearance of Kent E. Mohr Jr., Assistant Counsel, for the Illinois Environmental-.. 

Protection Agency 

4. Motion for Waiver of Copy Requirements 

5. Proposal of Regulations by Interim Director Lisa Bonnett 

6. Synopsis of Testimony 

7. Statement of Reasons 

8. First Notice Fonn for Part 240 

9. Proposed Amendments to Part 240 

10. Technical Support Document: Proposed Amendments To 35 fll. Adm. Code Part 

240 Based On Amendments To The Vehicle Emissions Inspection Law Of 2005 

(625 ILCS 511 3C), Illinois Environmental Protection Agency, September 2011. 

lL Documents Relied On: 

Clean Air Act (42 U.S.C. 7401 et. seq.) 

Ill. Pub. Act. No. 97-0106 (July 14, 2011) (effective Feb. 1, 2012) 

40 C.F.R. § 85.2222 (2010) 
Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection 

and Maintenance Program, United States Environmental Protection Agency, A.jr 

and Radiation, June 2001. 

Reinventing the Illinois JIM Program, 2005 Clean Air Conference, James 

• ~)• I -· •<· ·Matheny, Illinois Environmental Protection Agency, Page 18, September 2005. 

• 

1 .• ~ ) • WOC Reduction (JPD) in the Chicago NAA (rom Existing and Proposed liM 

.., 1 1

• _ . :~/:rograms, 2012-2020, Sam Long, Illinois Environmental Protection Agency, 

~ ~ · ' · , J~uary 11, 2011. 

- .. 

~ 

.. --1't:JC Reduction (JPD) in the Metro-East+ Jersey NAA from Existing and 

Proposed liM Programs, 2012-2020, Sam Long, Illinois Environmental 

, • ~ 6 ~ _ Pr~ ~~ctio,Agency, January 11, 2011 . 

12. CertificatJ of Service 

.... _ .. - .. ..,.. .• 

13. Disk in. Microsoft WORD containing Proposed Amendments to Part 240 and First 

Notice form 

2 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: ) 

) 

REVISION OF ENHANCED VEHICLE ) 

EMISSION INSPECTION AND ) 

MAINTENANCE (liM) ) 

REGULATIONS: AMENDMENTS TO ) 

35 ILL. ADM. CODE PART 240 ) 

(Rule 

R12- a~ king- Air) 

• ~--..... - tJ '-1 

f't ~~>At( QtrF; ~-

_, 

Ul1 t, J 1."ii 

NOTICE OF FILING STATE OF IWHOIS 

Pollution Control Board 

TO: John Therriault, Clerk 

Illinois Pollution Control Board 

James R. Thompson Center 

100 West Randolph, Suite 11-500 

Chicago, Illinois 60601 

Matthew Dunn, Chief 

Division of Environmental Enforcement 

Office of the Attorney General -:. , 

James R. Thompson Center ·· · . .:. "i 

69 West Washington, ~uite 1.,800 ~ ._ 

Virginia Yang, Deputy Legal Counsel 

Illinois Department of Natural Resources 

One Natural Resources Way 

Chicago, llJinois 6060F '-. ;_. 7/G/ 

'· NAt ....... .. ...._ 

Springfield, IL 62702-1271 

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control 

Board the REGULATORY PROPOSAL entitled "REVISION OF ENHANCED VEHICLE 

EMISSION INSPECTION AND MAINTENANCE (IIM) REGULATIONS: AMENDMENTS 

TO 35 ILL. ADM. CODE PART 240," MOTION FOR WAIVER OF COPY 

REQUIREMENTS, and APPEARANCE of the Illinois Environmental Protection Agency, a 

copy of which is herewith served upon you. 

DATED: September 30,2011 

1021 N. Grand Avenue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

(217) 782-5544 

Respectfully submitted, 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By•~ tent E. Mohr Jr. 

Assistant Counsel 

Division of Legal Counsel 

(217) 782-9143 (TDD) THIS FILING IS SUBMITTED ON RECYCLED PAPER 
• .J....:'_ ...._. -- " .. 

r'f ~- ~ Of:F BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: ) 

) 

REVISION OF ENHANCED VEIDCLE ) 

EMISSION INSPECTION AND ) 

MAINTENANCE (liM) ) 

REGULATIONS: AMENDMENTS TO ) 

35 ILL. ADM. CODE PART 240 ) 

R12- '(). 

(Rulemaking - Air) 

_ Ut-• u J ,uii 

STATE OF tLUNOIS 

Pollution Control Board 

APPEARANCE 

The undersigned hereby enters his Appearance on behalf of the Illinois. Environmental 

' 

Protection Agency. 

OA TED: September 30, 2011 

1 02 1 North Grand A venue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

(217) 782-5544 

(217) 782-9143 (TDD) 

1 L. 2niGINAL \ " 

ILLINOIS ENVIRONMENTAL -. ' 

PROTECTION AGENCY 

By: ifa_~4fb:;;J Kent E- MohTJL 

Assistant Counsel 

Division of Legal Counsel 

THIS FILING IS SUBMITTED ON 

RECYCLED PAPER 
BEFORE THE ILLINOIS POLLUTION CONTROL ~ NFF 

IN THE MATTER OF: ) 

) 

REVISION OF ENHANCED VEHICLE ) 

EMISSION INSPECTION AND ) 

MAINTENANCE (liM) ) 

REGULATIONS: AMENDMENTS TO ) 

35 ILL. ADM. CODE PART 240 ) 

Ul.i ~ 3 ,~._ 

Rl2 /i STATE OF IUJNOIS 

(R 1

- ki A' f ollutiQn Control Board 

u ema ng - 1r · ~ 

1 L ;.•,qiGJN. ... ~L MOTION FOR WAIVER OF COPY REQUIREMENTS> -... _ 

,. 

NOW COMES the Proponent, the Illinois Environmental Protection Agency ("Illinois 

EPA"), by its attorney, and pursuant to 35 Ill. Adrn. Code 101.500, 102.110, 102.200, and 

1 02.402, respectful1y moves that the Illinois Pollution Control Board ("Board") waive the 

requirement that tbe Illinois EPA submit the original and nine copies of the regulatory proposal 

including all docwnents relied upon, and waive the requirement that the Illinois EPA provide 

copies of certain documents relied upon. In support of its Motion, the 111inois EPA states as 

follows: 

1. Section 102.200 of the Board's procedural rules requires that the original and nine 

copies of each regulatory proposal be filed with the Clerk. 3 5 Ill. Adrn. Code I 02.200. Section 

27(a) of the Environmental Protection Act also requires that the Illinois EPA provide information 

supporting a regulatory proposal. 415 ILCS 5n7(a). 

2. The Illinois EPA directly relied upon several documents when drafting the regulatory 

proposal. The documents relied upon are as follows: 

a. Clean Air Act (42 U.S.C. 7401 et. seq.) 

b. Ill. Pub. Act. No. 97-0106 (July 14, 2011) (effective Feb. 1, 2012) 

C. 40 C.F.R. § 85.2222 (2010) 
d., fe~fOJ;f!l}'!& Onboard Diagnostic System Checks as Part of a Vehicle Inspection 

and Maintenance Program, United States Environmental Protection Agency, Air 

,p.p.g R<tdia~i~, June 2001. 

·"e .. Re1nve"h'ttn.g the Illinois JIM Program, 2005 Clean Air Conference, James 

Matheny, Illinois Environmental Protection Agency, Page 18, September 2005. 

f. VOC Reduction (l'PD) in I he Chicago NAAfrom Existing and Proposed JIM 

. fro grams, 2012-2020, Sam Long, Illinois Environmental Protection Agency, 

\ •·. ·January 11,2011. •" 

g. VOC Reduction (FPD) in the Metro-East+ Jersey NAAfrom Existing and 

Proposed JIM Programs, 2012-2020, Sam Long, Illinois Environmental 

Protection Agency, January 11, 2011. 

3. Several of the documents described above-the Clean Air Act, Illinois Public Act 97-

0106, and the Code of Federal Regulations document, are readily accessible to or are within the 

possession of the Board. Given the ease of accessibility of these docwnents, listed as items (a), 

(b), and (c) above, the Illinois EPA moves that the Board waive the requirement that the illinois 

EPA provide copies of such documents. 

4. Given the length of the remainder of the proposal and the resources required to 

provide nine copies, the Illinois EPA requests that the Board waive the normal copy 

requirements and allow Illinois EPA to file the original and four complete copies of such 

documents. 

WHEREFORE, for the reasons set forth above, the Illinois EPA moves that the Board 

waive the requirement that the Illinois EPA provide copies of the documents listed as items (a), 

(b), and (c) and waive the requirement that the Illinois EPA provide an original and nine copies 

of the remaining documents in its proposal, allowing the Illinois EPA to provide the original and 

four copies. 

2 
DATED: September 30,2011 

1021 North Grand Avenue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

(217) 782-5544 

(217) 782-9143 (TDD) 

3 

Respectfully Submitted, 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By~ Assistant Counsel 

Division of Legal Counsel 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD .. 

f't ~Q··~ ~,. 

IN THE MATTER OF: ) 

) 

REVISION OF ENHANCED VEHICLE ) 

EMISSION INSPECTION AND ) 

u~i ~ 1 £vH 

Rl2· I , STATE OF IWHOIS 

(Rulemaking - Air) Pollution Control Board 

MAINTENANCE (1/M) ) 

REGULATIONS: AMENDMENTS TO ) 

35 ILL. ADM. CODE PART 240 ) 

; . 

;~ L.:. "'G' . ILLINOIS ENVIRONMENTAL PROTECTION AGENCY~ '· , t'AJ4l 

PROPOSAL OF REGULATIONS .. ,.,. 

The Illinois Environmental Protection Agency hereby moves that the Illinois 

Pollution Control Board adopt the attached regulations. 

DATED: September 22, 2011 

1021 North Grand Avenue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

(217) 782-3397 

Respectfully submitted, 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By: 

Interim Director 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: ) 

) 

REVISION OF ENHANCED VEHICLE ) 

EMISSION INSPECTION AND ) 

MUUNTENANCE(UM) ) 

REGULATIONS; AMENDMENTS TO ) 

35 ILL. ADM. CODE PART 240 ) 

R12- I~ (Rulema\ing - Air) 

SYNOPSIS OF TESTIMONY 

. Ul. i II J' t.;H 

STATE OF IWHOIS PoJ tion Control Board 

.... 

· 

'-.:·:1/GiNAL 

It is currently anticipated that the Illinois Environmental Protection Agency will provide · 

two witnesses in support of the regulatory proposal: Michael S. Hills, Technical Services, 

Division of Mobile Source Programs; and Stephen W. Thorpe, Manager, Compliance Assurance, 

Division of Mobile Source Programs. Mr. Hills and Mr. Thorpe will provide testimony on all 

aspects of the regulatory proposal. 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD ~ - .. , ,.., ~Aw- ~ O~F· 

IN THE MATTER OF: ) 

REVISION OF ENHANCED VEHICLE 

EMISSION INSPECTION AND 

MAINTENANCE (liM) 

REGULATIONS: AMENDMENTS TO 

35 ILL. ADM. CODE PART 240 

) 

) 

) 

) 

) 

) 

R12-L-,. (Rule aking- Air) 

Ul.i tlltuH 

STATE OF IWHOJS Pofluti~n Control Board 

.. , 

STATEMENT OF REASONS 

L ('r7/Gf.11• . '"Al 

The Illinois Envirorunental Protection Agency ("Illinois EPA") hereby submits this 

Statement of Reasons to the Illinois Pollution Control Board ("Board") pursuant to Sections 1 0) 

27 (excluding subsection (b)), and 28 of the Illinois Environmental Protection Act ("Act") [415 

ILCS 5110, 27, and 28 (2010))) Sections 102.200 and 102.202 of Title 35 of the Illinois 

Administrative Code (35 Til. Adrn. Code 102.200) 102.202 (2010)), and Section 13C-20(a) of the 

Vehic1e Emissions Inspection Law ("VEIL") of2005 (625 ILCS 5/13C-20(a) (2010)] in support 

of the attached proposed amendments. Included in this proposal is a sunset of the steady-state 

idle and evaporative system integrity test standards used in the illinois enhanced vehicle 

inspection and maintenance program ("Illinois program))) for the Chicago and Metro-East St. 

Louis nonattainment areas. This amendment proposes a sunset of those test standards due an 

amendment to the VEIL of 2005 (Illinois Public Act ("P .A.") 97-01 06) that repeals the steady· 

state idle and evaporative system integrity tests as available emissions inspection tests as of 

February 1, 2012. Also) in accordance with P.A. 97-0106) this rulemaking proposes the use of 

new visual inspection test standards, beginning February 1) 2012, that are applicable to vehicles 

that cannot receive the on-board diagnostic ("OBD") test due to the vehicle's design or with 

known OBD communication or software problems. Also, this amendment proposes a definition 

of "visual inspection test" and other minor amendments to be consistent with the new visual 
inspection test allowed by P .A. 97-0106. This proposal amends the most recent version of Part ~ , . . 

240 as found on the Board's website. , . .. \.. ,., · .. , v 

_ :·· '\A.t.U: ·1, ··. 'T! .a. ; .::.::1·_--=S=T..:..:A:...:.T....::U...:.T-=O=R:..::Y~A=U=-T=H=O=RI=T:..::Y~F~O=R::..::..::..:R=UL=E=M=AKI==N;:..=G 

1.-· 

Section 1 O(A) of the Act provides the Board's general authority for rulemaking 

addressing air ·.pollution. Section 1 O(A) states in pertinent part: "The Board, pursuant to .. . ... 

. 

procedures prescribed in Title VII of this Act. may adopt regulations to promote the purposes of 

this Title." 415 ILCS 5/lO(A) (2010). Further, Section 27(a) of the Act confers general 

substantive rulemak:ing authority upon the Board and the contents of this regulatory proposal are 

clearly within these general rulemaking powers of the Board. This proposal is being filed as a 

regulatory proposal of general applicability pursuant to Sections 27 (excluding subsection (b)) 

and 28 of the Act. 415 ILCS 5/27, 28 (2010). It is not being proposed as an identical-insubstance, fast-track, or federally required rulemaking. In evaluating this proposal, the Board is 

required to take into account "1he existing physical conditions, the character of the area involved, 

including the character of surrounding land uses, zoning classifications, the nature of the existing 

air quality, or receiving body of water, as the case may be, and the technical feasibility and 

economic reasonableness of measuring or reducing the particular type of pollution." 415 ILCS 

5/27(a). In addition, this proposal is being filed under the authority of Section 13C-20(a) of the 

VEIL of2005. 625 JLCS 5/13C-20(a) (2010). Section l3C-20(a) ofthe VEIL of2005 states, in 

relevant part, that the Board js required to adopt standards necessary for the enhanced inspection 

and maintenance program withln 120 days after the Illinois EPA proposes those standards to the 

Board, and that: 

" ... subsection (b) of Section 27 of the Environmental Protection Act and the rulemaking 

provisions of the Illinois Administrative Procedure Act do not apply to rules adopted by 

the Board under this subsection.» 

2 
625 ILCS 5!13C-20(a). 

The Illinois EPA believes that the proposed rules contained herein constitute those rules 

referenced by the above statutory requirement, and that the Board will insure ad~ption of such 

rules within the required timeframe. 

IT. BACKGROUND STATEMENT OF FACTS 

Section 182 of the Clean Air Act ("CAA") requires the implementation of vehicle 

inspection and maintenance ("JIM") programs in areas not meeting the National Ambient Air 

Quality Standards ("NAAQS") for ozone. 42 U.S.C. § 75lla (201 0). By way of background, 

the 1977 CAA Amendments required vehicle liM programs in areas with long standing air 

quality problems. 57 Fed. Reg. 52950, 52951 (Nov. 5, 1992). The 1990 CAA Amendments 

expanded the role of 11M programs as an attainment strategy. Id These amendments mandated 

the use of "basic" or "enhanced" 11M programs and required the United States Environmental 

Protection Agency ("USEPA") to develop different performance standards for these two 

programs. !d. 

Basic liM programs are required in "marginal" ozone nonattainment areas with existing 

11M programs and in "moderate" ozone nonattainment areas. 42 U.S.C. § 7511a. Enhanced 11M 

programs are required in "serious," "severe," and "extreme" ozone nonattainment areas with 

urbanized populations of 200,000 or more. ld In Illinois, there are two areas classified 

nonattainment for ozone: the Chicago metropolitan area which was classified as "severe" under 

the revoked 1-hour ozone standard and now classified as "moderate" under the 1997 8-hour 

standard; and the Metro-East St. Louis area which was redesignated to attainment of the 1-hour 

standard and is now classified as "moderate" nonattainment for ozone under the 1997 8-hour 

standard. 40 C.F .R. § 81.314 (20 1 0). While enhanced 11M was required in the Chicago area and 

3 
not required in the Metro-East St. Louis area, Illinois chose to implement enhanced IIM in the 

Metro-East St. Louis area as part of its strategy to meet attainment of the ozone standard. Today, 

Illinois continues to implement enhanced liM in both the Chicago and Metro-East St Louis areas 

as part of its strategy to meet attainment of the ozone standard. 

USEPA IJM 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" VM program design was implemented. 57 Fed. 

Reg. at 52951. USEPA requires certain design elements to be a part of any enhanced JJM 

program, but allows states to vary certain elements and program inputs as long as the plan 

achieves the same or greater reductions in emissions than those required by USEPA's applicable 

performance standard. !d. at 52953. The enhanced performance standard requires the following 

program elements: (1) network type; (2) required start date; (3) annual test frequency; (4) model 

year coverage; (5) vehicle type coverage; (6) exhaust emission test type; (7) emission standards; 

(8) emission control device inspections; (9) evaporative system function checks; (1 0) stringency 

or failure rate; (11) waiver rate; (12) compliance rate; and (13) evaluation date. 40 C.P.R. § 

51.351 (2010). As part of USEPA's enhanced performance standard, OBD liM testing is 

required for all subject vehicles of model year 1996 and newer. Id. at § 51.351(c). Federal 

regulations allow states to utilize the OBD JIM test and test standards in lieu of the idle exhaust 

and evaporative tests. 40 C.F.R. § 51.357(a)(12) (2010); 66 Fed. Reg. 18156, 18160 (AprilS, 

2001). Further, federal regulations allow states to vary vehicle model year coverage from 

USEPA•s model program assumptions regarding vehicle model year coverage provided 

necessary emission reductions are achieved. 40 C.F.R. § 51.356 (201 0). 

In response to federal requirements, the VEIL was originally adopted by the lilinois 

4 
General Assembly in 1984 and provided authority for an liM program. 625 ILCS 5/13A (1984 ). 

In 1994, the lilinois General Assembly adopted the VEIL of 1995 which provided authority for 

the Illinois EPA to implement enhanced I/M. 625 ILCS 5/13B (1995). The elements of the 

VEIL of 1995 were based on USEPA's model VM program, with some approved variation. In 

2005, the Illinois General Assembly adopted the VEIL of 2005, which, among other things, 

made the OBD test the primary 1/M test and exempted vehicles of model year 1995 and older 

from 11M testing. 625 ILCS 5/13C (2006). The VEIL of 2005 maintained the steady-state idle 

exhaust and evaporative system integrity tests as available fallback tests for certain vehicles. ld. 

To implement VEIL, the Board adopted emission test standards in 35 Illinois Administrative 

Code Part 240 and the Illinois EPA adopted emission test procedures in 35 Illinois 

Administrative Code Part 276. The Board and Illinois EPA have amended these rules over the 

years in response to changes in federal liM requirements and to make improvements to the 

Illinois program. 

Recently, the Illinois General Assembly amended the VEIL of 2005 through P.A 97-

0106, effective February 1, 2012. Ill. Pub. Act. No. 97-0106 (July 14, 2011) (effective Feb. 1, 

2012) (available at Illinois General Assembly, State of Illinois, Public Acts, 9th General 

Assembly< http:/ lwww .ilga.gov/legislation/publicactslfullte>ct.asp?Name=097 -01 06&GA =97> ). 

P.A. 97-0106 repeals the steady-state idle and evaporative system integrity emissions tests. IlL 

Pub. Act. No. 97-0106 at § 13C-25(d), (e), (f). These emissions tests were substituted for the 

OBD test for heavy-duty vehicles not required to be equipped with OBD systems meeting federal 

OBD II specifications and certain vehicles that could not receive the OBD test due to their design 

or with known OBD communication or software problems. 625 ILCS 5/13C-25(d) (2010). P.A. 

97-0106 exempts pre-2007 heavy-duty vehicles with a gross vehicle weight rating (GVWR) 

5 
between 8,501 and 14,000 pounds and any heavy-duty vehicles with a GVWR greater than 

14,000 pounds from the requirement to be tested. Ill. Pub. Act. No. 97-0106 at § l3C15(b)(8)(M), (b)(8)(N). These heavy-duty vehicles are not all required to be equipped with OBD 

systems meeting federal OBD II specifications. Therefore, under the VEIL of 2005, these 

vehicles were tested using the steady-state idle and evaporative system integrity tests. Since the 

Illinois General Assembly eliminated the steady-state idle and evaporative system integrity tests 

as of February 1, 2012, it was necessary to exempt these vehicles from the requirement to obtain 

an emissions test. P.A. 97-0106 adds a visual inspection test as a new substitute for the OBD test 

for vehicles that cannot receive the OBD test due to their design or with known OBD 

communication or software problems. Ill. Pub. Act. No. 97-0106 at§ 13C-25(h). 

This rulemaking implements P.A. 97-0106 by proposing to sunset the steady-state idle 

and evaporative system integrity test standards, adding new visual inspection test standards, and 

making other changes necessary to implement the new visual inspection test standards. 

III. PURPOSE AND EFFECT OF THE PROPOSAL 

This regulatory proposal has been prepared to implement amendments to the VEIL of 

2005 made by the Illinois General Assembly in P.A. 97-0106. As discussed supra, these 

statutory amendments include a repeal of the steady-state idle and evaporative system integrity 

emissions tests, exemption of pre-2007 heavy-duty vehicles with a GVWR between 8,501 and 

14,000 pounds and any heavy-duty vehicles with a GVWR greater than 14,000 pounds, and the 

addition of a new visual inspection test. These statutory amendments are effective February 1, 

2012. 

As discussed supra, in accordance with P.A. 97-0106 and as allowed by federal 

regulations, this rulemaking proposes to sunset the steady-state idle and evaporative system 

6 
integrity test standards used in the Illinois program as of February 1, 2012. As a result, the 

Illinois program will continue to be an OBD program- testing subject vehicles using the OBD 

test, with the exception of a miniscule subset of vehicles that cannot receive the OBD test. Such 

vehicles will receive the new visual inspection test. In accordance with P.A. 97-0106, this 

rulemaking proposes the use of new visual inspection test standards, beginning February 1, 2012, 

that are applicable to vehicles that cannot receive the OBD test due to the vehicle's design or 

with known OBD communication or software problems. This new visual inspection test 

provides motorists with the same flexibility they were allowed to receive with the steady-state 

idle and evaporative system integrity tests where, due to no fault of the motorist, their vehicles 

were unable to receive the OBD test. In repealing the steady-state idle and evaporative system 

integrity tests, the Illinois General Assembly recognized that it must provide this continued 

flexibility to motorists or their vehicles would fail an emissions test and they would not be able 

to renew their vehicle registration. The visual inspection test standards provide that vehicles 

subject to the visual inspection test will fail this test if the malfunction indicator lamp ("MIL") 

does not illuminate in the key-on/engine off position or continuously illuminates in the keyon/engine off position. These standards are consistent with P.A. 97-0106. Also, the visual 

inspection test and standards were based off of, and are consistent with, federal law. The federal 

OBD test included assessment of the MIL in the key-on/engine off and key-on/engine on 

positions, visual examination of the MIL, and similar failure standards. See 40 C.F.R. § 85.2222 

(2010) and Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection and 

Maintenance Program, United States Environmental Protection Agency, Air and Radiation, June 

2001. As a result, the visual inspection test and standards are the most logical substitute for the 

OBD test and standards. 

7 
Concurrently with this proposal, the Illinois EPA is proposing amendments to its liM 

procedural rules located at 35 Illinois Administrative Code Part 276 to implement P.A. 97-0106 

and to operate in concert with these proposed amendments. Such amendments will include a 

sunset of the steady-state idle and evaporative system integrity test procedures and related 

requirements, and new visual inspection test procedures. Consequently, this rulemaking 

proposes that compliance with the visual inspection test standards must be determined based on a 

visual examination of the MIL using the visual inspection test procedures adopted by the Illinois 

EPA in Part 276. 

IV. GEOGRAPIDC REGIONS AND SOURCES AFFECTED 

The geographic regions that are subject to this proposal include those "affected counties" 

as defined in Section 13C-5 of the VEIL of 2005. 625 ILCS 5/13C-5 (2010). Specifically 

included are the following counties in the Chicago and Metro-East St. Louis areas: Cook, 

DuPage and Lake, and portions of Kane, Kendall, McHenry, Will, Madison, Monroe and St. 

Clair. The sources affected by this proposal include motor vehicles subject to the provisions of 

the VEIL of 2005 and the owners of such vehicles. The Illinois EPA has not included a list of 

affected sources with this proposal due to the burden of compiling such a substantial list of 

sources. However, for the 2012/2013 test cycle, the Illinois EPA estimates that there will be 3.6 

million initial tests conducted in the State. The affected sources will not be negatively impacted 

by this proposal because it reduces the population of affected vehicles and, through the new 

visual inspection test, provides the same flexibility that the steady-state idle and evaporative 

system integrity tests provided for vehicles that cannot receive the OBD test due to the vehicle's 

design or with known OBD communication or software problems. 

8 
V. TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS 

Section 27 of the Act requires the Board to consider the technical feasibility and 

economic reasonableness of all rulemak.ing proposals. The Illinois EPA's proposal is necessary 

and required in order to implement the Illinois General Assembly's amendments to the VEIL of 

2005 through P.A. 97-0106. As stated supra, P.A. 97-0106 repeals the steady-state idle and 

evaporative system integrity emissions tests and exempts pre-2007 heavy-duty vehicles with a 

GVWR between 8,501 and 14,000 pounds and any heavy-duty vehicles with a GVWR greater 

than 14,000 pounds. As a result, in this rulemaking, the Illinois EPA is proposing to sunset these 

test standards. 

The Illinois EPA's proposal is technically feasible. As of February 1, 2012, the steadystate idle and evaporative system integrity emissions tests are not allowed by statute nor are they 

necessary because they were implemented for use on the subset of heavy-duty vehicles that P .A. 

97-01 06 exempts from the emissions testing requirement. See Technical Support Document. 

Also, as discussed supra, these tests are not required by federal law or regulations where the 

OBD test is utilized. Further, modeling projections provide that there will be no loss in emission 

reduction benefits with the elimination of these emissions tests and corresponding test standards. 

/d. The new visual inspection test, created and allowed by P .A. 97-0106, will provide motorists 

with the same flexibility they were able to receive through the steady-state idle and evaporative 

system integrity tests where, due to no fault of the motorist, the vehicle is unable to receive the 

OBD test because of its design or because of OBD communication or software problems. Jd. 

The visual inspection test and standards are necessary in order to implement P.A. 97-0106 and 

provide motorists with this continued flexibility. ld. Furthermore, they are feasible because they 

are based on the existing OBD test required by federal regulations. Jd. The Illinois EPA's 

9 
analysis, explained in detail in its Technical Support Document, further demonstrates the 

technical feasibility of this proposal. 

The Illinois EPA's proposal is economically reasonable because elimination of the 

steady-state idle and evaporative system integrity emissions tests and exemption of certain 

heavy-duty vehicles will result in a significant cost savings to the Illinois program and a potential 

cost savings to motorists that own these vehicles. !d. These tests are not economically 

reasonable to retain given the small percentage of vehicles that receive these tests. I d. The new 

visual inspection test and standards will not result in increased costs to the Illinois program or 

motorists. !d. The Illinois EPA's analysis, explained in detail in its Technical Support 

Document, further demonstrates the economic reasonableness of this proposal. 

VI. COMMUNICATION WITH INTERESTED PARTIES 

As required by the CAA, the Board conducted rulemaking proceedings relating to 

adoption of liM test standards throughout the 1990s and 2000s. Those rulemakings were 

approved and adopted by the Board. In addition, at various times during the 1990s and 2000s, 

the Illinois EPA adopted procedural rules necessary for implementing the enhanced liM 

program, and is in the process of amending such rules to be consistent with this rulemaking and 

P.A. 97-0106. Further, as this entire proposal is effectuating amendments to the VEIL of2005, 

significant public outreach was conducted through the legislative process. Finally, the illinois 

EPA has shared this regulatory proposal with USEP A. 

VII. ILLINOIS EPA'S PROPOSAL 

The following is a section-by-section summary of the Illinois EPA's proposal. 

SUBPART A: Definitions and General Provisions 

Section 240.102: Definitions 

10 
This Section sets forth the definitions used in this Part. The illinois EPA proposes to add 

a definition of"visual inspection test." This deftnition is necessary for the proposed Subpart L 

Section 240.104: Inspection 

This Section sets forth references to various emission standards that subject vehicles 

must comply with when tested. The Illinois EPA proposes to add a reference to the visual 

inspection test standards. This reference is necessary for the proposed Subpart I. 

Section 240.105: Penalties 

This Section sets forth the penalties for noncompliance with various standards contained 

in this Part. The Illinois EPA proposes to add a reference to the visual inspection test standards. 

This reference is necessary for the proposed Subpart I. 

Section 240.106: Determination of Violation 

This Section sets forth methods for determining violations of various standards contained 

in this Part. The Illinois EPA proposes to add a reference to the visual inspection test standards. 

This reference is necessary for the proposed Subpart I. 

SUBPART D: Steady-State Idle Mode Test Emission Standards 

Section 240.151: Applicability 

This Section sets forth the applicability of the steady-state idle test standards. The 

Illinois EPA proposes to clarify the applicability of this Section because the steady-state idle test 

will not be allowed by statute after January 31, 20 12; therefore, the applicability of this Subpart 

must specify that these test standards are applicable only through January 31, 2012. 

SUBPART F: Evaporative Test Standards 

Section 240.171: Applicability 

This Section sets forth the applicability of the evaporative system integrity test standards. 

11 
The Illinois EPA proposes to clarify the applicability of this Section because the evaporative 

system integrity test will not be allowed by statute after January 31, 2012; therefore, the 

applicability of this Subpart must specify that these test standards are applicable only through 

January 31,2012. 

Section 240.201 

SUBPART 1: Visual Inspection Test Standards 

Applicability 

This Section sets forth the applicability of the visual inspection test standards. By statute, 

this Section is applicable beginning February 1, 2012, and applies to those vehicles tested 

pursuant to Section 13C-25(h) of the VEIL of2005, as amended. 

Section 240.202 Visual Inspection Test Standards 

This Section sets forth the visual inspection test standards for subject vehicles. The 

Illinois EPA proposes that vehicles will fail the visual inspection test if the MIL does not 

illuminate in the key-on/engine off position or continuously illuminates in the key-on/engine on 

position. 

Section 240.203 Compliance Determination 

This Section sets forth the method for determining. compliance with the visual inspection 

test standards. The Illinois EPA proposes that compliance with the visual inspection test 

standards contained in proposed Section 240.202 is determined by using the visual inspection 

test procedures adopted by the Illinois EPA in 35 Illinois Administrative Code Part 276. 

12 
VIII. CONCLUSION 

For the reasons stated above, the Illinois EPA hereby submits this regulatory proposal 

and respectfully requests the Board to adopt these amendments for the State of Illinois. 

DATED: September 30,2011 

1021 North Grand Ave. East 

P.O. Box 19276 

Springfield, IL 62794·9276 

(217) 782·5544 

Respectfully submitted, 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By~, 7 KentE.Mo~~~ .. 

13 

Assistant Counsel 

Division of Legal Counsel 
1) 

2) 

3) 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

Heading of the Part: Mobile Sources 

Code Citation: 35 Ill. Adm. Code 240 

Section Numbers: Progosed Action: 

240.102 Amendment 

240.104 Amendment 

240.105 Amendment 

240.106 Amendment 

240.1 51 Amendment 

240.171 Amendment 

240.201 New 

240.202 New 

240.203 New 

u - ~I 4# J ~~41 

S7ATEo 

Pollution c~~fUN1 0/S 

ro Board 

.. 

L Di1fGJNIU 

4) Statutorv Authority: Section 13C-20 ofthe Vehicle Emissions Inspection Law of2005 

[625 ILCS 5/13C-20] and Sections 10, 27, and 28 of the Environmental Protection Act 

[415 ILCS 5/10,27, and 28]. 

5) A Complete Description of the Subjects and Issues Involved: This proposal for public 

comment would amend Part 240 to reflect an amendment (P.A. 97-0106) to the Vehicle 

Emissions Inspection Law of 2005 (VEIL of 2005) (625 ILCS 5/13C). P.A. 97-0106 

amends the VEIL of 2005 by repealing the steady-state idle exhaust and evaporative 

system integrity emissions inspection tests. These inspection tests were substituted for 

the on-board diagnostic (OBD) test for heavy-duty vehicles not required to be equipped 

with OBD systems meeting federal OBD II specifications and certain vehicles that could 

not receive the OBD test due to their design or with known OBD communication or 

software problems. P.A. 97-0106 exempts pre-2007 heavy-duty vehicles with a gross 

vehicle weight rating (GVWR) between 8,501 and 14,000 pounds and any heavy-duty 

vehicles with a GVWR greater than 14,000 pounds from the requirement to be tested. 

These heavy-duty vehicles are not all required to be equipped with OBD systems 

meeting federal OBD II specifications. Also, P.A. 97-0106 adds a visual inspection test 

as a new substitute for the OBD test for vehic1es that cannot receive the OBD test due to 

their design or with known OBD communication or software problems. P.A. 97-0106 

makes other relatively minor changes and is effective February 1, 2012. 

The proposed amendments to Part 240 specify that the steady-state idle exhaust and 

evaporative system integrity inspection test standards are effective only through January 

31, 2012. Also, the proposed amendments add visual inspection test standards that are 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

.• ~ffectrve beginning February 1, 2012, and add a definition of "visual inspection test." 

. f\q~zy,, m·&fprpppsed amendments make other minor changes consistent with the addition 

·' •\"'(>f.-the .new ·vrsu·ai inspection test standards. The Illinois Pollution Control Board (Board) 

is required by the VEIL of 2005 to adopt this proposal within 120 days after filing by the 

Illinois Environmental Protection Agency (Illinois EPA) [625 ILCS 5/13C-20]. 

6) Published studies or reports, and sources of underlying data. used to compose this 

~u emaking: '{he Illinois EPA relied on various sources to compose this rulemaking. 

·Copies of these sources are available for review with the Board and are listed below: 

1. Clean Air Act (42 U.S.C. 7401 et. seq.) 

2. Ill. Pub. Act. No. 97-0106 (July 14, 2011) (effective Feb. 1, 2012) 

3. 40 C.F.R. § 85.2222 (2010) 

4. Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection 

and Maintenance Program, United States Environmental Protection Agency, Air 

and Radiation, June 2001. 

5. Reinventing the Illinois UM Program, 2005 Clean Air Conference, James 

Matheny, illinois Environmental Protection Agency, Page 18, September 2005. 

6. VOC Reduction (TPD) in the Chicago NAA (rom Existing and Proposed JIM 

Programs, 2012-2020, Sam Long, Illinois Environmental Protection Agency, 

January 11, 20 11. 

7. VOC Reduction (TPD) in the Metro-East+ Jersey NAA (rom Existing and 

Proposed UM Programs, 2012-2020, Sam Long, Illinois Environmental 

Protection Agency, January 11 , 2011. 

7) Will this proposed amendment replace an emergency rule currently in effect? No 

8) Does this rulemaking contain an automatic repeal date? No 

9) Does this proposed amendment contain incorporations by reference? No 

1 0) Are there any other proposed amendments pending on this Part? No 

11) Statement of Statewide Policy Objectives: This proposed rulemaking does not create or 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

enlarge a State mandate, as defined in Section 3(b) of the State Mandates Act. [30 ILCS 

805/3(b)]. 

12) Time, Place, and Manner in which interested persons may comment on this proposed 

rulemaking: The Board will accept written public comments on this proposal. 

Comments should reference Docket R12- and be addressed to: 

John Therriault 

Clerk's Office 

Illinois Pollution Control Board 

James R. Thompson Center, Suite 11-500 

100 W. Randolph St. 

Chicag9, IL 6060 1 

13) Initial Regulatory Flexibility Analysis: 

A. Types of small businesses, small municipalities and not for profit corporations 

affected: The proposal would affect a small business, small municipality, or notfor-profit corporation to the extent that it owns a vehicle subject to emissions 

inspection. 

B. Reporting, bookkeeping or other procedures reguired for compliance: The 

proposal does not require reporting or bookkeeping. The proposal requires 

compliance with new visual inspection test standards and use of new inspection 

procedures established in 35 Ill. Adm. Code Part 276 related to these new 

standards. 

C. Types of Professional skills necessary for compliance: No professional skills 

beyond those currently required by the rule are expected to be necessary. 

14) Regulatory Agenda on which this rulemaking was summarized: July 2011. 

The full text of the Proposed Amendment(s) begins on the next page: 
·' 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

-u~; &I J '~•• 

STATE OF ILUHOtS 

Pollution Contr~t Board 

SUBCHAPTER k: EMISSION STANDARDS AND LIMITATIONS FOR MOBILE 

SOURCES 

Section 

240.101 

240.102 

240.103 

240.104 

240.105 

240.106 

240.107 

Section 

240.121 

240.122 

240.123 

240.124 

240.125 

PART 240 

MOBILE SOURCES 

SUBPART A: DEFINITIONS AND GENERAL PROVISIONS 

Preamble 

Definitions 

Prohibitions 

Inspection 

Penalties 

Determination ofViolation 

Incorporations by Reference 

SUBPART B: EMISSIONS 

Smoke Emissions 

Diesel Engine Emissions Standards for Locomotives 

Liquid Petroleum Gas Fuel Systems 

Vehicle Exhaust Emission Standards (Repealed) 

Compliance Determination (Repealed) 

SUBPART C: SMOKE OPACITY STANDARDS AND TEST PROCEDURES FOR 

DIESEL-POWERED HEAVY DUTY VEHICLES 

Section 

240.140 

240.141 

Applicability 

Smoke Opacity Standards and Test Procedures for Diesel-Powered Heavy 

Duty Vehicles 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

._ I r.!, f . .-I '• _, 

•·''SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS ~~;--: ~ . . : ' l"'; ~"'. 

Section · 

240.151 

240.152 

240.153 

, . 

Applicability 

Steady-State Idle Mode Vehicle Exhaust Emission Standards 

Compliance Determination 

SUBPART E: TRANSIENT LOADED MODE TEST EMISSION STANDARDS 

Section 

240.161 

240.162 

240.163 

240.164 

240.165 

Section 

240.171 

240.172 

240.173 

Applicability (Repealed) 

Vehicle Exhaust Emission Start-Up Standards (Repealed) 

Vehicle Exhaust Emission Final Standards (Repealed) 

Vehicle Exhaust Emission Fast-Pass Standards (Repealed) 

Compliance Determination (Repealed) 

SUBPART F: EVAPORATIVE TEST STANDARDS 

Applicability 

Evaporative System Integrity Test Standards 

Evaporative System Purge Test Standards (Repealed) 

SUBPART G: ON-ROAD REMOTE SENSING TEST EMISSION STANDARDS 

Section 

240.181 

240.182 

240.183 

Section 

240.191 

240.192 

240.193 

Applicability 

On-Road Remote Sensing Emission Standards 

Compliance Determination 

SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS 

Applicability 

On-Board Diagnostic Test Standards 

Compliance Determination 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

SUBPART I: VISUAL INSPECTION TEST STANDARDS 

Section 

240.201 

240.202 

240.203 

Applicability 

Visual Inspection Test Standards 

Compliance Determination 

240.APPENDIX A 

240.APPENDIX B 

240.TABLEA 

240.TABLE B 

240.TABLEC 

Rule into Section Table 

Section into Rule Table 

Vehicle Exhaust Emission Start-Up Standards (Repealed) 

Vehicle Exhaust Emission Final Standards (Repealed) 

Vehicle Exhaust Emission Fast-Pass Stand~ds (Repealed) 

AUTHORJTY: Implementing Sections 9 and 10 and authorized by Sections 27 and 28 of 

the Environmental Protection Act [415 ILCS 5/9, 10, 27, and 28] and Section 13C-20 of 

the Vehicle Emissions Inspection Law of2005 [625 ILCS 5/BC-20]. 

SOURCE: Adopted as Chapter 2: Air Pollution, Part Vll: Mobile Sources, filed and 

effective April14, 1972; codified at 7 Ill. Reg. 13628; amended in R85-25, at 10 Ill. Reg. 

11277, effective June 16, 1986; amended in R90-20 at 16 Ill. Reg. 6184, effective April 

7, 1992; amended in R94-20 at 18 Ill. Reg. 18013, effective December 12, 1994; 

amended in R94-19 at 18 Ill. Reg. 18228, effective December 20, 1994; amended in R98-

24 at 22 Ill. Reg. 13723, effective July 13, 1998; expedited correction at 22 Ill. Reg. 

21120, effective July 13, 1998; amended in R01-12 at 24 Ill. Reg. 19188, effective 

December 18, 2000; amended in R01-8 at 25 Ill. Reg. 3680, effective February 26, 2001; 

amended in R02-8 at 25 Ill. Reg. 16379, effective December 18, 2001; amended in R11-

19 at 35 Ill. Reg. 5552, effective March 18, 2011; amended in at 36 Ill. Reg. 

, effective ------ ---------------

BOARD NOTE: This Part implements the Environmental Protection Act as of July 1, 

1994. 

NOTE: Capitalization denotes statutory language. 

SUBPART A: DEFINTIONS AND GENERAL PROVISIONS 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

Section 240.102 Definitions 

All terms that appear in this Pru1 have the definitions specified in this Section, the 

Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C], and 35 Ill. Adm. Code 201 

and 211. When conflicting definitions occur between this Section and 35 Ill. Adm. Code 

201 or 211 , the definitions of this Section apply in this Part. 

"Agency" means the Illinois Environmental Protection Agency. 

"Diesel engine" means all types of internal-combustion engines in which air is 

compressed to a temperature sufficiently high to ignite fuel injected directly into 

the cylinder area. 

"Diesel locomotive" means a diesel engine vehicle designed to move cars on a 

railway. 

"Evaporative system integrity tesf' means a test of a vehicle's evaporative system. 

"TI1e test shall either consist of a leak check of a vehicle's fuel cap with a fuel cap 

pressure decay tester (fuel cap pressure decay test), a fuel cap leak flow tester 

(fuel cap leak flow test), or a visual functional check, as applicable. 

"Fuel cap" means a device used to seal a vehicle's fuel inlet. 

"Fuel cap leak flow test" means a test which may be performed in accordance 

with this Part on a vehicle's fuel cap using a fuel cap leak flow tester to determine 

whether the vehicle complies with the evaporative system emission standards of 

this Part. 

"Fuel cap leak flow tester" means a device used to determine the leak flow 

integrity of a vehicle's fuel cap by comparing the measured leak flow of the fuel 

cap with an established fuel cap leak flow standard. 

"Fuel cap pressure decay test" means the test performed in accordance with this 

Part on a vehicle's fuel cap using a fuel cap pressure decay tester to determine 

whether the vehicle complies with the evaporative system emission standards of 

this Part. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

"Fuel cap pressure decay tester" means a device used to determine the pressure 

decay integrity of a vehicle's fuel cap by monitoring the pressure behind the fuel 

cap for a ten second period and comparing the measured pressure decay of the 

fuel cap to an established fuel cap pressure decay standard. 

"Fuel cap visual functional test" means the test performed in accordance with this 

Part on a vehicle's fuel cap using visual analysis to determine whether the vehicle 

complies with the evaporative system emission standards of this Part. 

"Gross vehicle weight rating (GVWR)" means the value specified by the 

manufacturer as the maximum design loaded weight of a single vehicle. 

"Heavy duty vehicle" means any motor vehicle rated at more than 8500 pounds 

GVWR or that has a vehicle curb weight of more than 6000 pounds or that has a 

basic vehicle frontal area in excess of 45 square feet. 

"High idle" means a vehicle operating condition with engine disconnected from 

an external load (placed in either neutral or park) and operating at speed of2500 ± 

300RPM. 

"Idle mode" means that portion of a vehicle emission test procedure conducted 

with the engine disconnected from an external load and operating at minimum 

throttle. 

"Initial idle mode" means the first of up to two idle mode sampling periods during 

a steady-state idle mode test, during which exhaust emission measurements are 

made with the vehicle in "as-received" condition. 

"Light duty truck 1" means a motor vehicle rated at 6000 pounds maximum 

GVWR or less and which has a vehicle frontal area of 45 square feet or less, and 

which is designed primarily for purposes of transportation of property or is a 

derivation of such a vehicle, or is designed primarily for transportation of persons 

and has a capacity of more than 12 persons, or is available with special features 

enabling off-street or off-highway operation and use. 

"Light duty truck 2" means a motor vehicle rated between 6001 and 8500 pounds 

maximum GVWR and which has a vehicle frontal area of 45 square feet or less, 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

and which is designed primarily for purposes of transportation of property or is a 

derivation of such a vehicle, or is designed primarily for transportation of persons 

and has a capacity of more than 12 persons, or is available with special features 

enabling off-street or off-highway operation and use. 

"Light duty vehicle" means a passenger car or passenger car derivative capable of 

seating 12 passengers or fewer. 

"Measured values" means five-second nmning averages of exhaust emission 

concentrations sampled at a minimum rate of twice per second. 

"Model year" means the year of manufacture of a motor vehicle based upon the 

annual production period as designated by the manufacturer and indicated on the 

title and registration of the vehicle. If the manufacturer does not designate a 

production period for the vehicle, then "model year" means the calendar year of 

manufacture. 

"Motor vehicle" as used in this Part, shall have the same meaning as in Section 1-

146 of the Illinois Vehicle Code [625 ILCS 5/1-146]. 

"Opacity" means the percentage of light transmitted from a source that is 

prevented from reaching a light detector. 

"Preconditioning mode" means a period of steady-state high-idle operation 

conducted to ensure that the engine and emissions control system components are 

operating at normal operating temperatures, thus minimizing false failures caused 

by improper or insufficient warm-up. 

"Second-chance idle mode" means the second of two idle mode sampling periods 

during a steady-state idle mode test, preceded by a preconditioning mode and 

utilized as a second chance to pass idle exhaust emission standards immediately 

following an initial idle mode failure. 

"Snap-acceleration test" means a test to measure exhaust smoke opacity from 

heavy-duty diesel powered vehicles in accordance with the SAE 11667 procedure, 

incorporated by reference at Section 240.107 of this Subpart. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

"Steady-state idle test" means a vehicle emission test procedure consisting of an 

initial idle mode measurement of exhaust emissions followed, if necessary, by a 

loaded or high idle preconditioning mode and a second-chance idle mode. 

"Vehicle curb weight" means the actual vehicle weight plus standard equipment 

and a full fuel tank. 

"Visual inspection test" means a visual examination of a vehicle's MIL consisting 

of verifying the status of the MIL in the key-on/engine off position followed by 

verifying the status of the MIL in the key-on/engine on position to determine the 

status of the MIL and existence of an emission related malfunction with the 

vehicle. 

(Source: Amended at 36 Ill. Reg. ______ , effective ______ _./ 

Section 240.104 Inspection 

a) All motor vehicles subject to inspection pursuant to Section 13C-15 of the 

Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C-15) shall 

comply with applicable vehicle emission standards contained in Sections 

240.152, 240.172, 240.182,-aOO 240.192, and 240.202 of this Part. 

b) All diesel-powered vehicles subject to inspection pursuant to Section 13-

109.1 of the Illinois Vehicle Code [625 ILCS 5/13-109.1] must comply 

with applicable smoke opacity standards set forth in Section 240.141 (a) of 

this Part. 

(Source: Amended at 36 TIL Reg. ______ , effective ______ _./ 

Section 240.105 Penalties 

a) Any violations of Sections 240.103, 240.121, 240.122, or 240.123 of this 

Part shall be subject to the penalties as set forth in Section 42 of the Act 

[ 415 ILCS 5/42]. 

b) Any violations of Sections 240.104(b), 240.152,240.172,240.182, 6f 

240.192, or 240.202 of this Part, as applicable, shall be subject to the 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

penalties as set forth in Sections 13C-55 and 13C-60 of the Vehicle 

Emissions Inspection Law [625 ILCS 5/13C-55 and 13C-60]. 

c) Any violation of Section 240.141(a) of this Part will be subject to penalties 

as set forth in Section 13-109.1 of the Illinois Vehicle Code [625 ILCS 

5/ 13-109.1]. 

(Source: Amended at 36 Ill. Reg. ____ -' effective ______ ____, 

Section 240.106 Determination of Violation 

a) Any violations of Sections 240.103,240.121,240.122, or 240.123 of this 

Part shall be determined by visual observation or by a test procedure 

employing an opacity measurement system as qualified by 35 Ill. Adm. 

Code 201 , Subpart J. 

b) Any violations of Sections 240.152, 240.172, 240.182, er-240.192, or 

240.202 of this Part, as applicable. shall be determined in accordance with 

test procedures adopted by the Agency in 35 Ill. Adm. Code 276. 

c) Any violation of Section 240.141(a) of this Part will be determined in 

accordance with test procedures set forth in Section 240.14l(b) of this 

Part. 

(Source: Amended at 36 Ill. Reg. ______ , effective ______ _, 

SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS 

Section 240.151 Applicability 

This Subpart is effective through January 3 L 2012. The standards of this Subpart apply 

to those vehicles identified in subsection 13C-25(d) of the Vehicle Emissions Inspection 

Law of2005. 

(Source: Amended at 36 Ill. Reg. ______ , effective ______ __/ 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

SUBPART F: EVAPORATIVE TEST STANDARDS 

Section 240.171 Applicability 

This Subpart is effective through January 31.2012. The standards ofthis Subpart apply 

to those vehicles identified in subsection 13C-25(d) of the Vehicle Emissions Inspection 

Lawof2005. 

(Source: Amended at 36 Til. Reg. effective ----------~ ------------~ 

SUBPART 1: VISUAL INSPECTION TEST STANDARDS 

Section 240.20 I Applicability 

This Subpart is applicable beginning February 1, 20 12. The standards of this Subpart 

apply to those vehicles tested pursuant to subsection l3C-25(h) of the Vehicle Emissions 

Inspection Law of 2005. 

(Source: Added at 36 Ill. Reg. _________ ~ effective ________ ....; 

Section 240.202 Visual Inspection Test Standards 

Vehicles subject to visual inspection testing shall fail the visual inspection test if the MIL 

does not illuminate in the key-on/engine off position or continuously illuminates in the 

key-on/engine on position. 

(Source: Added at 36 Ill. Reg. __________ , effective---------' 

Section 240.203 Compliance Determination 

Compliance shall be determined based upon a visual examination of the MIL using the 

visual inspection test procedures adopted by the Agency in 35 Ill. Adm. Code 276. 

(Source: Added at 36 Ill. Reg. _ _________ , effective -------- --' 
41 :...;. .,__ -~ - .; -

f"f ,:Rk''~ ()f"f= 

- u~i u j 'wtl 

STATE OF ILUNOIS 

Pollution Control Board 

TECHNICAL SUPPORT DOCUMENT: 

PROPOSED AMENDMENTS TO 

35 ILL. ADM. CODE PART 240 

BASED ON AMENDMENTS TO 

THE VEHICLE EMISSIONS INSPECTION LAW OF 2005 

(625 ILCS 5/13C) 

SEPTEMBER 2011 

Illinois Environmental Protection Agency 

Bureau of Air 

Division of Mobile Source Programs 

1021 North Grand Avenue East 

Springfield, IL 62794 
SUMMAR¥;· · 

ThelUinQ>is environmental Protection Agency (Agency) is proposing to revise the 

. : VfH~cfe :r(Ji~~~~P.?. test standards conta~ne~ in 3 5_ IlL Adm. ~ode ~art 240. These revisions 

· are ilie; r~s1,1~t .Qfamendments to the Illm01s Vehtcle Code stgned mto law on July 14, 

2011 ((Illinois Public Act ("P.A.") No. 97-0106)). The primary modifications to the 

Vehicle Emissions Inspection Law of2005 ("VEIL of2005") (625 ILCS 5113C) include 

the following: 

a) Sunsets the steady-state idle mode exhaust testing beginning February 1, 2012; 

b) Sunsets the evaporative system integrity test (also known as the gas cap test) 

beginning February 1, 2012; 

c) Exempts pre-2007 model year heavy-duty vehicles with gross vehicle weight 

rating (GVWR) between 8,501 and 14,000 pounds as of February 1, 2012; 

d) Exempts all heavy-duty vehicles with GVWR greater than 14,000 pounds as of 

February 1, 2012; and, 

e) Adds a visual inspection test for vehicles where OBD testing is not possible due 

to the vehicle's design (vehicles identified in Section 13C-25(h) of the VEIL OF 

2005) . . 

These. proposed revisions to the emissions test standards reflect the applicable statutory 

changes listed above. 

DEFINITIONS 

The definition for "visual inspection test" was added to provide a description of this new 

test. 

ELIMINATION OF STEADY-STATE IDLE MODE EXHAUST AND 

EVAPORATIVE TESTS (IDLE/GAS CAP) 

As stated previously, the Illinois General Assembly amended the VEIL of2005 through 

P.A. 97-0106, which repeals the steady-state idle and evaporative system integrity (gas 

cap) emissions tests effective February 1, 2012. Therefore, the Agency will be prohibited 

from using these tests after January 31 , 2012. This rulemaking implements P.A. 97-0106 

by proposing to sunset the steady-state idle and evaporative system integrity test 

standards. The decision to eliminate these tests was based on modeling projections 

showing negligible emission reduction benefits and a declining subject vehicle fleet. 

Currently, less than 3% of the vehicle tests in Illinois are idle exhaust/gas cap tests. In 

addition, starting with the 2007 model year, heavy-duty vehicles with a GVWR of less 

than 14,000 are required to be equipped with OBD technology, and will receive the OBD 

test instead of the idle/gas cap test. As a result, the projected number of idle exhaust/gas 

cap tests conducted in Illinois is expected to fall to less than 1% by 2015. The idle 

2 
exhaust/gas cap tests and standards are no longer economically reasonable in the Illinois 

vehicle emissions test program given the additional capital and operating costs when only 

1% of the fleet will be subject to this type of testing. 

Modeling projections of the expected Illinois fleet for 2012 show that approximately 90% 

of the volatile organic compotmd (VOC) reductions would come from OBD equipped 

vehicles.' Given the fact that the idle exhaust/gas cap tests are only used on pre-2007 

model year, non-OBD equipped vehicles (a small and diminishing portion of the vehicles 

subject to testing in the future), are not required by federal law or regulations where the 

OBD test is utilized, and that the cost was significantly higher than OBD testing, the 

Legislature decided it was technically feasible and economically reasonable to eliminate 

the requirement for any idle exhaust/gas cap testing in Illinois' program. 

The main effect of this change is to sunset all Subpart D (Steady-State Idle Mode Test 

Emission Standards) and Subpart F (Evaporative Test Standards) contained in 35 Ill. 

Adm. Code 240, beginning February 1, 2012. 

EXEMPTION OF HEAVY -DUTY VEHICLES 

As stated earlier in this document, based on amendments to the VEIL of2005, the idle 

exhaust/gas cap tests will be eliminated from the Illinois I/M program beginning 

February 1, 2012. The vast majority of vehicles subject to these tests are those not 

required to be equipped with OBD. Therefore, the Legislature has exempted these 

vehicles from the emissions test requirement in Illinois. Specifically, the following 

heavy-duty vehicles will be exempt: 

1. pre-2007 model year heavy-duty vehicles with a GVWR between 8,501 and 

14,000 pounds; and 

2. heavy-duty vehicles with a GVWR greater than 14,000 pounds. 

The exemption of these heavy-duty vehicles is both economically reasonable and 

technically feasible because modeling projections show no emission reduction benefits, 

diminishing numbers, and significant long-term costs for continued testing of these 

vehicles. Also, federal regulations allow states to vary the model year and vehicle type 

coverage in their programs. 

Specifically, modeling projections shows that exempting the vehicles listed above will 

have no impact on volatile organic emissions (VOC) reductions in the Chicago and 

Metro-East non-attainment areas. Modeling shows that the loss in VOC reductions will 

be 0.00 tons per day for the projected calendar year range of2012 through 2020 in both 

non-attainment areas?·

3 Therefore, the Agency could no longer justify the added expense 

of testing vehicles that provide no emissions reduction benefits. 

ADDITION OF VISUAL INSPECTION TEST STANDARDS (35 ILL ADM CODE 

240.201, 240.202, and 240.203) 

3 
The addition of the visual inspection test is necessary to handle certain vehicles that are 

equipped with OBD technology, but for which OBD testing is not possible due to the 

vehicle's design. The new visual inspection test created and allowed by P .A. 97-0106, 

will provide motorists with the same flexibility they receive through the steady-state idle 

and evaporative system integrity tests in the current program. Specifically, the visual 

inspection test will be used only on vehicles for which OBD testing is not possible due to 

the vehicle's originally certified design or its design as modified in accordance with 

federal law and regulations, and on any vehicle with known on-board diagnostic 

communications or software problems, as determined by the Agency. Without this 

fallback test procedure, these vehicles would not be able to pass an OBD test and the 

motorist would have no means of correcting the problem and renewing the vehicle's 

registration. Not having this test would result in an undue burden on the motorist. 

The Agency will make the determination as to which vehicles are eligible for the visual 

inspection test and will develop a list of such vehicles. Any vehicle that does not appear 

on this list will not be eligible for the visual inspection test and will need to comply with 

the full OBD inspection. 

A vehicle that is eligible for the visual inspection test will be subject to the following 

procedural checks which will be embodied in the Agency's procedural rules at 35 Ill. 

Adm. Code Part 276: 

1) Key-on/engine off 

The key-on/engine off test starts with the ignition in the key-off/engine-off 

position. The ignition shall then be turned to the key-on/engine off position. 

The inspector shall observe whether the malfunction indicator light (MIL) is 

illuminated. 

2) Key-on/engine on 

The key-on/engine on test starts with the ignition in the key-on/engine off 

position. The ignition shall then be turned to the key-on/engine on position. 

The inspector shall observe whether the MIL is continuously illuminated. 

In order to pass the visual inspection test, the MIL must illuminate during the keyon/engine off check and not illuminate during the key-on/engine on check. Therefore, the 

Agency is proposing as its visual inspection test standards that vehicles shall fail the 

visual inspection if the MIL does not illuminate in the key-on/engine off position or 

continuously illuminates in the key-on/engine on position. 

The visual inspection test procedures and standards are based on long-standing practice 

within the I/M community and federal law. The "key-on/engine off' check verifies that 

the MIL bulb is functioning properly. Without a properly functioning bulb, the motorist 

would never be alerted when the OBD system detects potential problems with the 

vehicle's emissions control equipment. The "key-on/engine on" check verifies that there 

are no fault codes stored on the vehicle's OBD system which would require the 

4 
illumination of the MIL. The OBD system stores fault codes whenever it detects possible 

problems with the vehicle's emissions control equipment, and are used by repair 

technicians to help identify areas to focus on during repairs. For the foregoing reasons, 

the proposed visual inspection test standards are technically feasible. 

The addition of the visual inspection test will not require any new test equipment and 

therefore will not incur any additional costs to the State or motorists. Therefore, the 

proposed visual inspection test standards are economically reasonable. 

ADDITIONAL GENERAL REVISIONS 

The following general revisions were made for the reasons specified: 

a) Section 240.104 Inspection 

This section was revised to reference the new Visual Inspection Test. 

b) Section 240.105 Penalties 

This section was revised to reference the new Visual Inspection Test. 

c) Section 240.106 Determination ofViolation 

d) This section was revised to reference the new Visual Inspection Test. 

e) Section 240. 151 Applicability 

This section was revised to add the effective period for the Steady-State Idle 

Mode Test Emission Standards through January 31, 2012. 

f) Section 240.171 Applicability 

This section was revised to add the effective period for the Evaporative Test 

Standards through January 31, 2012. 

REFERENCES 

1 Illinois Environmental Protection Agency, "Reinventing the Illinois 11M 

Program," Page 18, Report 2005 CAC, September 2005. 

2 Illinois Environmental Protection Agency, "VOC Reduction (TPD) in the 

Chicago NAA from Existing and Proposed liM Programs, 2012-2010," Sam 

Long, ProposediMBenefits_Sam.xlsx, January 11, 2011. 

3 Illinois Environmental Protection Agency, "VOC Reduction (TPD) in the 

Metro-East+ Jersey NAA from Existing and Proposed liM Programs, 2012-

2010," Sam Long, ProposediMBenefits_Sam.xlsx, January 11,2011. 

5 
&EPA 

United States 

Environmental Protection 

Agency 

Air and Radiation EPA420-R-01-015 

June 2001 

Performing On board ~: ~~·~r.F~ . 

Diagnostic System u4-; 4JJ,~•• 

Checks as Part of a P~Tu~~g~,:~~~~s UU(;'lrd 

Vehicle Inspection and 

Maintenance Program 

-r· 

Dt?IGfNAt 

@ Printed on Recycled Paper 
EPA420-R-01-015 

June 2001 

Performing Onboard Diagnostic System Checks as 

Part of a Vehicle Inspection and Maintenance Program 

David Sosnowski 

Edward Gardetto 

Transportation and Regional Programs Division 

Office of Transportation and Air Quality 

U.S. Environmental Protection Agency 

NOTICE 

This technical report does not necessarily represent final EPA decisions or positions. 

It is intended to present technical analysis of issues using data that are currently available. 

The purpose in the release of such reports is to facilitate the exchange of 

technical information and to inform the public of technical developments which 

may form the basis for a final EPA decision, position, or regulatOJy action. 
Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection and 

Maintenance Program 

June 2001 

Introduction 

The Clean Air Act as amended in 1990 (CAA) requires the Environmental Protection 

Agency (EPA) to set guidelines for states to follow in designing and running vehicle inspection 

and maintenance (liM) programs. As well as distinguishing between basic and enhanced 11M 

programs, these guidelines must clarify how states are to meet other minimum design 

requirements set by the CAA. One such requirement that applies to both basic and enhanced 11M 

programs is the performance of On board Diagnostic (OBD) system checks as part of the 

required, periodic inspection. 

On November 5, 1992, EPA published the 11M rule to meet most of the above-referenced 

CAA requirements. At the time the 11M rule was promulgated, however, federal OBD 

certification standards had not been published. To address the CAA's OBD-1/M requirement, 

EPA reserved sections in the 1992 rule, with the understanding that these reserved sections 

would be amended at some future date. Although the federal requirement to incorporate OBD 

into new vehicles began with the 1994 model year (MY), manufacturers were allowed to request 

waivers on vehicles for MY 1994-95, so full compliance was not required on all light-duty cars 

and trucks sold in this country until MY 1996. On August 6, 1996, EPA published amendments 

to the 1992 liM rule establishing OBD-1/M requirements for 11M performance standards and 11M 

State Implementation Plans (SIPs). The 1996 amendments also specified data collection, 

analysis, and summary reporting requirements for the OBD-1/M testing element; established 

OBD test equipment requirements and the OBD test result reporting format; and identified those 

conditions that would result in an OBD-1/M pass, failure, or rejection. Lastly, the August 6, 1996 

amendments revised 40 CFR part 85, subpart W to establish OBD-1/M as an official performance 

warranty short test under section 207 (b) of the Act. 

At the time the original OBD-1/M requirements were established, it was not practical to 

evaluate the real-world, in-use performance of OBD because the vehicles in question were still 

too new and the number of those vehicles in need of repair were too few to make pilot testing 

worthwhile. Therefore, in 1998, EPA further amended its OBD-1/M requirements to delay the 

date by which 11M programs must begin OBD testing to no later than January 1, 2001. 

One of the primary reasons for delaying the deadline for beginning OBD-1/M testing was 

to give EPA time to evaluate the OBD check as an 11M program element and to give states time 

to prepare for implementation. In conducting its evaluation ofOBD, however, EPA found that 

identifying and recruiting OBD-equipped vehicles in need of repair proved more difficult and 

time-consuming than originally anticipated. As a result, EPA has only recently completed the 

assessment ofOBD-1/M effectiveness and implementation issues referenced in this guidance. 

2 
During the course of this evaluation, however, it became clear that certain regulatory changes 

were needed to ensure the smooth implementation ofOBD-I/M testing by the states. 

In response to its findings on OBD effectiveness and its study of the various 

implementation issues associated with OBD-TIM testing, EPA has amended the OBD-I/M testing 

requirements by publishing a final rulemaking (FRM) in the Federal Register on April 5, 2001 1

• 

The goal of these amendments is to update and streamline requirements and to remove regulatory 

obstacles that may otherwise impede the effective implementation ofOBD-TIM testing. Among 

other things, the revised requirements: 1) provide states several options for extending the current 

deadline for mandatory implementation of the OBD-TIM inspection beyond January 1, 2001; 2) 

clarify states' options regarding the integration of OBD-TIM checks into existing TIM networks; 

3) revise and simplify the current list of Diagnostic Trouble Codes (DTCs) that constitute the 

OBD-TIM failure criteria to include any DTC that leads to the dashboard Malfunction Indicator 

Light (MIL) being commanded on; and 4) provide for exemptions from specific readiness code 

rejection criteria on OBD-equipped vehicles based upon vehicle model year. 

In addition to the above cited regulatory revisions, EPA believes it is important to 

respond to states' requests to provide additional guidance on how to successfully implement 

OBD-TIM testing in an TIM program. EPA is therefore issuing this guidance at this time in 

response to those requests and to assist those states and local areas that are considering or 

planning early implementation of OBD checks as part of their TIM programs. 

Scope of Guidance 

This guidance incorporates several key recommendations made to EPA by the OBD 

Workgroup, which is part ofthe Mobile Source Technical Review Committee, established under 

the Federal Advisory Committee Act (F ACA). This guidance was also developed by drawing 

from the experiences of several states that are currently performing some form of OBD-based 

inspection. As of this writing, ten states (New York, California2

, Colorado, Alaska, Tilinois, 

Wisconsin, Vermont, Oregon, Maine, and Utah3

) are performing some form of vehicle OBD 

system check and at least three other states (Indiana, New Hampshire, and Georgia) are actively 

moving towards early implementation of vehicle OBD system checks. Lastly, the development 

of this guidance was aided by comments received from stakeholders in response to an earlier, 

draft guidance released for public comment in December 2000. 

1 Copies of the FRM arc available via the Internet at www.cpa.gov/oms/epg/regs.htm. 

2 Currently, California and New York arc performing only a visual check for MTL illumination. A scanner check for 

trouble codes will be added in the future. 

3 In Utah, the I/M program is administered at the county level (as opposed to at the state level). Although there are 

several counties in Utah currently required to implement I/M, only one county - Davis- has opted to begin early implementation 

of the OBD-T/M check. 

3 
This guidance reflects EPA's current understanding of the challenges and issues unique to 

the performance ofOBD testing in the liM program environment, and includes our 

recommendations for how best to address those issues at this time. As is the case with any 

teclmology-driven pollution control measure, our understanding of the issues and the issues 

themselves are likely to change over time as we gain more experience with them. Therefore, 

EPA will update this guidance from time to time, as developments warrant. To ensure that this 

document is updated accurately, EPA invites those involved with performing the OBD-IIM check 

to share information with us by contacting Ed Gardetto at 734-214-4322, or via e-mail at 

gardetto.edward@epa.gov. Program data, recommendations, and other forms of feedback 

relevant to the performance of the OBD-IIM check can also be sent to: 

Ed Gardetto c/o 

U.S. Environmental Protection Agency 

2000 Traverwood Drive 

Ann Arbor, MI 48105 

Lastly, this guidance does not address those liM implementation issues which are 

common to all test types and for which there are no unique, OBD-specific considerations. For 

example, this guidance does not address geographic coverage requirements or the adequacy of 

program funding mechanisms. Readers can find EPA's requirements and/or recommendations 

for these generic liM implementation issues by consulting the liM rule (as amended) and EPA's 

subsequent liM policy documents, which are available via the Office of Transportation and Air 

Quality (OTAQ) web site at: http:\\www.epa.gov\otaq\im.htm. 

Vehicle OED System Checks: Basic Requirements 

Recommended Model Year Coverage 

Although some variety of OBD system has been an option on certain vehicle models 

since the early 1980's, standardized OBD systems (also !mown as OBD ll) were not introduced 

until MY 1994, and such systems did not appear on all new light-duty vehicles sold in this 

country until MY 1996. Therefore, for liM purposes, EPA does not require that pre-1996 MY 

vehicles be subject to the OBD inspection discussed in this guidance. Furthermore, EPA does 

not recommend that such testing include MY 1994-95 vehicles because not all such vehicles are 

OBD-equipped and the availability to manufacturers of limited waivers from some OBD 

requirements makes determining which of these vehicles to test (and to what standards) 

administratively very difficult. Additionally, EPA's MOBll...E6 emission factor model will not 

provide emission reduction credit for the performance ofOBD-IIM checks on pre-1996 MY 

vehicles. 

EPA also does not recommend that vehicles older than MY 1994 be subjected to OBDbased liM testing, even if it is determined that the vehicle is equipped with an OBD computer, 

4 
and may even have a malfunction indicator light (MIL) illuminated. The reason we do not 

recommend performing an OBD-IIM scan on pre-1994 MY OBD-equipped vehicles is because 

such vehicles use an earlier, non-standardized generation of OBD system (also known as OBD I). 

Due to the lack of federal standards for OBD I systems, the systems themselves tend to be 

proprietary and may not be compatible with the standardized OBD IT scanners that will be used in 

most IIM programs4

• 

Elements of an OBD-IIM Check 

An OBD-IIM check consists oftwo types of examination: A visual check of the 

dashboard display function and status (also known as the MIL and/or bulb check) and an 

electronic examination of the OBD computer itself These two examinations, taken together, 

comprise the seven step procedure outlined below. 

1) Initiate an official test by scanning or manually inputting the required vehicle and 

owner information into the reporting medium (i.e., PC-based electronic reporting 

system or manual test report). 

2) Visually examine the instrument panel to determine if the MIL illuminates briefly 

when the ignition key is turned to the "key on, engine off'' (KOEO) position. A 

brief period of illumination of the MIL at start-up is normal and helps confirm the 

bulb is in proper, operating condition. This portion of the test procedure is also 

known as the "bulb check." Enter the results of the bulb check into the reporting 

medium. 

3) Locate the vehicle's data link connector (DLC) and plug a scan tool into the 

connector. While it is recommended that this step be performed with the ignition 

in the "off' position, this step can also be performed with the ignition running. 

Given the variety of locations manufacturers have chosen in practice, locating the 

DLC may well be the most time-consuming element of the inspection. We will 

discuss the issue of atypical DLC location elsewhere in this guidance. 

4) Start the vehicle's engine so that the vehicle is in the "key on, engine running" 

(KOER) condition5

. The MIL may illuminate and then extinguish during this 

phase. Continued illumination while the engine is running is cause for failure. 

4 40 CFR 85.2222 "On-board diagnostic test procedures" requires that the scan tool used for the OBD-1/M inspection 

be capable of communicating with the OBD system in compliance with the Society of Automotive Engineers (SAE) 

Recommended Practice J 1979. 

5 While it is possible to perfonn the electronic scan portion of the OBD-I/M check in the KOEO position for most 

vehicles, EPA discourages this practice because it can lead to false failures for some makes and models of vehicles (such as MY 

1996-2001 Subarus). 

5 
Also, if the MIL illuminates during this phase but was not observed in step 2, the 

vehicle should not be failed for step 2. 

5) With the scan tool in the "generic OBD" mode, follow the scan tool 

manufacturer's instructions6 to determine: 

Vehicle readiness status7 

MIL status (whether commanded on or off)8

, and 

• Diagnostic Trouble Codes (DTCs) for those vehicles with MILs 

commanded on9

. 

6) Record the results of the OBD inspection in the appropriate medium. Depending 

upon the design and feature requirements of the program, this may be an 

automated process. 

7) Without clearing DTCs or readiness codes, turn off the vehicle ignition, and then 

disconnect the scan tool

10• Clearing codes - if such is necessary- should be 

reserved for the repair portion of the program (even though in test-and-repair 

programs, the same personnel may be engaged in both activities). These codes 

(and the associated "freeze-frame" data) are important for the performance of 

proper diagnostics prior to repair. 

Although the above inspection elements are listed sequentially, current regulations do not 

specify the sequence that must be followed in performing the OBD-IIM inspection, and EPA sees 

no reason for applying a rigid sequence at this time. In some cases it may make more sense to 

6 For liM purposes, the inspectors and repair technicians should be advised to conduct the scan in "generic" mode as 

opposed to a vehicle manufacturer specific mode. EPA is aware of some instances in which using a scan tool in the vehicle 

manufacturer specific mode will result in confusing or misleading readings regarding vehicle readiness. 

7 Refer to SAE JJ979 MODE 01 PID OJ DATA C and D. 

8 Refer to SAE Jl979 MODE 01 PID OJ DATA A BIT 7. 

9 EPA's original OBD-IIM failure criteria were limited to power-train, emission-related DTCs (refer to SAE Jl979 

MODE 03). In its April 5, 200 I rulemaking, however, EPA simplified the failure-triggering DTC criteria to any DTC that leads 

to the MIL being commanded on. As part of its technical support efforts for the AprilS, 2001 rulemaking, EPA looked at six 

months' worth ofOBD-1/M data from the Wisconsin liM program and found that less than 0.5% of the OBD-equippcd vehicles 

tested during that period experienced MILs being commanded on for DTCs falling outside the previous failure criteria. As a 

result, EPA does not believe the simplified failure criteria will result in higher overall liM failure rates --especially not in those 

areas that opt to replace existing tailpipe testing on MY 1996 and newer vehicles with the OBD-IIM scan. 

1

° For programs conducting both OBD and tailpipe testing on OBD-equipped vehicles, the tailpipe test may be 

conducted prior to this step, to avoid an extra, unnecessary key-off, key-on cycle. 

6 
conduct the visual portion of the inspection after performing the onboard computer scan. For 

example, a state choosing to perform both a traditional tailpipe test and the OBD-I/M check on 

OBD-equipped vehicles may choose to reduce the overall test time involved by conducting the 

OBD scan at the same time the other test is performed. EPA has found that a scan tool can be 

plugged into a still-running vehicle without producing erroneous readings. Therefore, we believe 

states should be allowed the flexibility to determine the optimum test sequence to meet their 

programmatic needs. However, EPA does caution that unforeseen problems may arise with some 

subset of the fleet due to changes in the sequence. EPA therefore asks that states consult with the 

Agency should they find unusual failure patterns among certain makes and models of vehicles in 

conjunction with the use of alternative test sequences. 

For readers who prefer their information presented graphically, a flowchart of an 

acceptable OBD system check is included in Appendix E of this guidance document. It was 

developed by the Center for Automotive Science and Technology at Weber State University, and 

is consistent with EPA guidance. 

Basis for Failure or Rejection 

Unless otherwise noted in this guidance, a vehicle should be failed for any of the 

following five reasons, with the exception of the last (for which the appropriate action is 

rejection): 11 

1) It is a 1996 or newer vehicle and the data link connector (DLC) is missing, has 

been tampered12 with, or is otherwise inoperable. (Action: Failure) 

2) The MIL does not illuminate at ill.l when the ignition key is turned to the KOEO 

position. The MIL should illuminate (on some vehicles, only for a brief period of 

time) when the ignition key is turned to the KOEO position. (Action: Failure) 

3) If the MIL illuminates continuously or flashes after the engine has been started, 

even if no fault codes are present, since this could indicate a serial data 1 ink 

11 States should be aware that some vehicles have atypical OBD configurations, and should take steps to avoid unfairly 

penalizing motorists. For example, slates may incorrectly suspect motorist tampering for those vehicles that are manufactured 

with the DLC in a hard-to-find location. EPA is working with manufacturers, operating OBD-UM programs, and Weber State 

University to develop an online clearinghouse ofOBD-related information useful to state JIM programs and other stakeholders, 

including all OBD-related Technical Service Bulletins (TSBs) from the manufacturers and all relevant updates. See Appendices 

B through D for more information on vehicles with atypical OBD system issues. 

12 Tampering is considered to be any modification of the vehicle that deviates from the certified configuration of the 

vehicle, particularly if such modification has the practical effect of making the vehicle untestable (by, for example, making the 

DLC inaccessible) or otherwise constitutes an attempt to evade the program (by, for example, using illegal aftermarket devices 

designed to circumvent the OBD computer or provide false results during an OBD-UM check). Under this definition, moving a 

DLC as part of collision repairs would not necessarily constitute tampering-- provided the DLC was not hidden or rendered 

otherwise inaccessible as a result of being moved. 

7 
failure. 13 (Action: Failure) 

4) Any DTCs are present and the MIL status, as indicated by the scan tool, is 

commanded on, regardless of whether or not the MIL is actually illuminated. 

Do not fail the vehicle ifDTCs are present and the MIL status, as indicated by 

the scan tool, is off, because such non-MIL-triggering DTCs are considered 

"pending" and frequently self clear without requiring repair of the vehicle. MIL 

command status must be determined with the engine running. (Action: Failure) 

5) The number of OBD system monitors showing a "not ready" status exceeds the 

number allowed for the model year in question. (Action: Rejection) t

4 

Table 1 below lists the possible test outcomes in tabular form. 

Table 1-Possible OBD-IIM Outcomes 

Vehicle Passes If: * Bulb check OK and 

* MIL not lit while engine running and 

* MIL not commanded on for any DTCs and 

* All required readiness codes are set 

Vehicle Fails If: * Bulb check not OK and/or 

* MIL lit while engine running and/or 

* MIL commanded on for any DTC and/or 

* DLC missing, tampered, or inoperable 

Vehicle Rejected If: *More unset readiness codes found than allowed based on MY and/or 

* DLC cannot be located or is inaccessible 

t

3 States should be aware that some vehicles will illuminate a MIL when a scan tool is connected and the vehicle is still 

in the "key on, engine otr' condition. In some cases, the scan tool will indicate that the MIL is, in fact, commanded on- even 

though no DTCs may be present. EPA has found that these vehicles will usually extinguish the MIL and remove the "MIL 

commanded on" indicator when the engine is started. To avoid falsely failing vehicles, therefore, it is important that the 

electronic portion of the OBD-I/M check be conducted only with the vehicle in the "key on, engine running" condition (as 

indicated in the test procedure described above). 

14 Although earlier requirements stipulated that OBD-equippcd vehicles be rejected from further testing if any monitor 

was "not ready," EPA has revised these readiness criteria to allow states to not reject MY 1996-2000 vehicles with two or fewer 

unset readiness codes, or MY 2001 and newer vehicles with no more than one unset readiness code. The complete MIL check 

and scan should still be run in all cases, however, and the vehicle should still be failed if one or more DTCs are set and the MIL 

is commanded on. The vehicle should also continue to be rejected if the OBD computer does not set readiness codes for 3 or 

more monitors on MY 1996-2000 vehicles, or two or more monitors on MY 200 I and newer vehicles. Readiness codes in 

general, and the specific codes and conditions covered by the April 5, 2001 amendments will be discussed in more detail under a 

separate section of this guidance. 

8 
JIM-Related DTCs 

Until recently, Federal JIM regulations identified a subset of power train (or P-code) 

DTCs as being relevant for JIM purposes. If a vehicle was identified through an JIM program as 

having a MIL commanded on for one or more of those P-codes, then Federal regulations 

required that the vehicle fail the inspection. In an attempt to simplify these failure criteria- and 

to harmonize Federal requirements with California Air Resources Board (CARB) requirements 

-EPA amended this requirement as part of its April 5, 2001 rulemaking. Under the revised 

failure criteria, a vehicle shall now be failed for the presence of any DTC that results in the 

"Check Engine" MIL being commanded on. 

In commenting on an earlier draft of this implementation guidance, several commenters 

raised concerns that EPA's simplified failure criteria would result in vehicles being failed for 

non-emission related components or systems, such as the brakes or suspension. Although some 

vehicle onboard computers may monitor non-emission-related components and systems at the 

manufacturer's discretion, Federal regulations require that the "Check Engine" MIL only be 

illuminated for emission-related malfunctions. Other dashboard lights may be illuminated to 

indicate the need for service of a non-emission-related component or system, but the presence 

of such lights does not constitute grounds for failing the OBD-JIM check. Furthermore, EPA 

has examined data from over 300,000 OBD-JIM checks performed in actual JIM lanes and has 

not found a single instance of the simplified failure criteria leading to the failure of a vehicle for 

a non-emission-related component or system. 

EPA also wants to acknowledge that it is possible we may need to limit the criteria for 

failing OBD-equipped vehicles after such vehicles reach an as-yet undetermined age and/or 

mileage. The reason for considering this possibility stems from the fundamental difference 

between how OBD triggers repairs versus how traditional tailpipe tests trigger repairs. 

Traditional JIM tailpipe tests identify a vehicle as failing for a given pollutant through direct 

sampling of the exhaust plume. These tests vary in the degree to which they provide any 

additional information that can be used to target the component or system failure that has led to 

the high emission reading. In such programs, repair technicians have a fair degree of discretion 

when it comes to recommending repairs to address a given failure, although owners are 

protected from excessive economic hardship by the cost waiver option. OBD, on the other 

hand, identifies specific components and/or systems in need of repair or replacement. As a 

result, EPA foresees the possibility that some advanced-aged OBD-equipped vehicles could be 

failed for DTCs for which the only available repair option would cost substantially more than 

the fair market value of the vehicle itself. Under such a scenario, the waiver option does not 

offer much consumer protection, since such repairs tend to be ali-or-nothing propositions. For 

example, a motorist faced with a transmission repair cannot reasonably opt to have the 

transmission "half fixed" to take advantage of the cost waiver option. 

Given the relative newness of OBD IT, EPA has not been able to gather the data 

9 
necessary to determine whether situations like the one above will actually happen in practice 

(though the Agency certainly plans to gather such data in the future). We do believe however 

that program requirements should be reasonable, and that the economic burdens of a program 

should be balanced by the environmental benefit likely to result from the imposition of those 

burdens. Therefore, we may revise our failure criteria at some future date, once data has been 

gathered and analyzed concerning the actual costs associated with repairing high mileage/age 

OBD-equipped vehicles across the full range of possible MIL-triggering DTCs. 

Test Report 

If a vehicle fails, the test report given to the motorist should include the status of the 

MIL illumination command and the alphanumeric fault code(s) listed along with the DTC 

definition(s) as specified per SAE 120 I 2 and J1930. Only the fault codes leading to the 

inspection failure should be listed on the report given to the motorist. EPA makes this 

recommendation because it is possible that an OBD system may set DTCs without commanding 

a MIL to be illuminated. These DTCs usually reflect an intermittent condition which may or 

may not be a problem at the time of testing. If the condition does not recur within a certain 

number of trips, the code will eventually be cleared; if the condition does recur, the system may 

then determine that a MIL should be illuminated. Therefore, no DTCs should be printed on test 

reports for vehicles that pass the inspection. An owner who receives notice of these codes on 

the same sheet of paper with notification of passing the state inspection may become confused 

or desensitized to the importance of DTCs and the MIL. Lastly, unset readiness codes should 

also be listed on the report if the number of unset readiness codes exceeds the limit for which 

an exemption is allowed (i.e., if the outcome of the test is rejection based upon the presence of 

too many unset readiness codes). If the number of unset readiness codes falls below the limit 

for which an exemption is allowed (and the vehicle would otherwise pass the inspection) then 

no unset readiness codes should be listed on the test report provided to the motorist. 

Readiness Status: Initial Test 

The OBD system monitors the status of up to 11 emission control related subsystems by 

performing either continuous or periodic functional tests of specific components and vehicle 

conditions. The first three testing categories- misfire, fuel trim, and comprehensive 

components- are continuous, while the remaining eight only run after a certain set of 

conditions has been met. The algorithms for running these eight, periodic monitors are unique 

to each manufacturer and involve such things as ambient temperature as well as driving 

conditions. Most vehicles will have at least five of the eight remaining monitors (catalyst, 

evaporative system, oxygen sensor, heated oxygen sensor, and exhaust gas recirculation or EGR 

system) while the remaining three (air conditioning, secondary air, and heated catalyst) are not 

necessarily applicable to all vehicles. When a vehicle is scanned at an OBD-IIM test site, these 

monitors can appear as either "ready'' (meaning the monitor in question has been evaluated), 

10 
"not ready" (meaning the monitor has not yet been evaluated), or "not applicable" (meaning the 

vehicle is not equipped with the component monitor in question). 

There are several reasons why a vehicle may arrive for testing without the required 

readiness codes set. These reasons include the following: 

1) Failure to operate the vehicle under the conditions necessary to evaluate the 

monitor(s) in question; 

2) A recent resetting of the OBD system due to battery disconnection or replacement, 

or routine maintenance immediately prior to testing15

; 

3) A unique, vehicle-specific OBD system failure; 

4) An as-of-yet undefined system design anomaly; or 

5) A fraudulent attempt to avoid JIM program requirements by clearing OBD codes just 

prior to OBD-I/M testing (by, for example, temporarily disconnecting the battery). 

In addition to the above considerations, EPA has also found that a small number of 

vehicles may be flagged as "not ready" or "not supported" for one or more of the continuous 

monitors (i.e., misfire, fuel trim, and/or comprehensive components). This makes no sense 

because continuous monitors are designed to run continuously (as their name implies) and 

therefore should always be flagged as "ready." In its investigation of this issue, EPA has 

determined that the problem is the result of incompatibility between the vehicle and scanner 

software and is not indicative of a fault with the vehicle's OBD system. As a result of this 

discovery, EPA recommends that programs disregard these continuous monitors when 

establishing the readiness status of the vehicle. This exclusion is for readiness determination 

purposes only; a vehicle with a MIL commanded on for a continuous monitor based DTC 

should continue to be failed in compliance with the test procedure discussed earlier in this 

guidance. EPA is working with state programs and OBD software suppliers to address this 

issue and will issue revised guidance as warranted. 

Because the presence of unset readiness codes among the non-continuous monitors 

could be a sign of attempted fraud, it is important that all OBD-equipped vehicles be checked to 

confirm that readiness codes have been set as one of the pre-requisites for a valid OBD-I/M 

inspection. Nevertheless, as described in the FRM, EPA also believes that the previous 

requirement regarding readiness codes (i.e., that a vehicle be rejected from further testing if any 

monitor is found to be "not ready'') was more rigorous than either necessary or practical. 

Therefore, as discussed under "Basis for Failure or Rejection" above, EPA has revised the 

15 As part of a program's outreach effort, car owners should be advised to allow for approximately one week of normal 

vehicle operation after repairs and prior to OBD·IIM testing (or retesting). 

11 
readiness requirement so as to allow states to complete the testing process on MY 1996-2000 

vehicles with two or fewer unset readiness codes; for MY 2001 and newer vehicles, the testing 

process can still be completed provided there is no more than one unset readiness code. This 

does not mean that these vehicles are exempt from the OBD-I/M check16• The complete MIL 

check and scan must be run in all cases, and the vehicle still must be failed if any of the failure 

criteria discussed in this guidance are met. The vehicle should continue to be rejected if it is 

MY 1996-2000 and has three or more unset, non-continuous readiness codes or is MY 2001 or 

newer and has two or more unset, non-continuous readiness codes. 

As discussed in the Technical Support Document for the FRM, this amendment is based 

upon EPA's findings regarding readiness codes from Wisconsin's OBD-I/M data and also 

reflects a FACA workgroup recommendation. Since August 1998, Wisconsin's liM program 

contractor has been sending to EPA OBD scanning and IM240 test results data collected on 

MY 1996 and newer vehicles coming through the Wisconsin liM test lanes. In analyzing the 

Wisconsin data, EPA made the following observations regarding the readiness status of the 

OBD-equipped vehicles presented for testing17: 

• The majority of vehicles showing up at the liM lane with readiness codes reading 

"not ready'' were from MY 1996; the "not ready" rate for MY 1996 vehicles was 

5.8%. 

• The frequency of vehicles with readiness codes reading "not ready" dropped off with 

each successive model year- to 2.2% for MY 1997 and 1.4% for MY 1998. 

• If an exemption were allowed for up to two readiness codes to read "not ready" 

before a vehicle would be rejected from further testing, the rejection rate drops- to 

2.2% for MY 1996 and to 0.2% for MY 1997 and MY 1998, for a three model year 

average of0.9%. 

The intention behind EPA's decision to allow limited exemptions from the readiness 

16 As discussed above, when determining the readiness status of a vehicle, EPA recommends that programs only 

consider the non-continuous monitors. Likewise, in assessing whether a "not ready" vehicle can be exempt from the readiness 

rejection requirement based upon the number of unset readiness codes present, only unset readiness codes among the noncontinuous monitors should be counted. 

17 In commenting on an earlier draft of this implementation guidance, some commenters suggested that EPA's figures 

regarding the frequency of"not ready" vehicles in the in-use fleet are skewed downward because the Agency's data comes from a 

program where the OBD-IIM check is being performed on an "advisory only" basis. These commenters argued that in an 

"advisory only' ' program motorists had no incentive to fraudulently clear MTLs by disconnecting the battery since there was no 

negative repercussion from showing up for the inspection with a lit MIL. These commenters further argued that once motorists 

began failing based upon MILs, the frequency of vehicles with unset readiness codes at the time of the initial test would go up. 

To test this hypothesis, EPA has begun analyzing program data from the Oregon OBD-1/M program, which is currently failing 

vehicles based upon the results of the OBD-JIM check. Based upon a preliminary analysis of the Oregon data, EPA has found 

that roughly 1.4% ofMY1996+ vehicles are being rejected at the time of the initial test due to an excessive number of''not 

ready" codes (assuming the readiness exemption allowance provided by the April 5, 2001 FRM). 

12 
rejection criteria is exclusively to avoid inconveniencing motorists on the basis of vehicle 

conditions that are beyond their control, that are currently the subject of discussion between 

EPA and various manufacturers, and that, in some cases, may result in potential enforcement 

action. The purpose of the limited readiness exemption is not to relieve manufacturers of their 

responsibility to design and market OBD systems that comply with existing OBD certification 

requirements 18• Nothing in this guidance in any way changes or otherwise impacts these 

obligations on the part of vehicle manufacturers. In fact, EPA has already initiated several 

investigations which may result in enforcement actions related to these requirements. 

Because of the small number of vehicles involved, EPA believes that the environmental 

impact of the limited readiness exemption will be negligible, especially given the likelihood 

that at least some of these readiness codes will have been set in time for subsequent OBD-IIM 

checks, and the fact that an unset readiness code is not itself an indication of an emission 

problem. EPA believes that allowing limited exemptions from the readiness code requirement 

as described above makes the most sense at this time, while EPA, CARB, and the 

manufacturers work to clarify system function requirements with regard to JIM. Lastly, EPA 

does not believe that allowing these limited exemptions will interfere with the use of readiness 

codes to help deter possible fraud because such fraud would inevitably lead to more monitors 

being set to "not ready'' than are allowed under EPA's limited exemptions. 

In addition to the above exemptions, EPA also recommends that JIM programs waive 

the readiness requirement or otherwise accommodate specific makes, models, and model years 

of vehicles with known readiness design problems, in accordance with applicable technical 

service bulletins and/or EPA guidance. EPA has compiled a list of such vehicles and included 

it in Appendix D. 

Even with these vehicle-specific accommodations and the above exemptions, however, 

some vehicles will still need to be rejected based upon readiness code status. In the case of a 

vehicle rejected for unset readiness codes (which does not otherwise meet the failure criteria 

described in this guidance), the motorist should be given the option of operating the vehicle for 

a week under normal operating conditions in an attempt to evaluate the necessary monitors 

without being required to visit a repair facility prior to retesting. If the monitors still have not 

performed an evaluation by the first retest, the motorist should then be advised to visit a repair 

18 To help emphasize this point, EPA clarifies here that the obligations of the automobile manufacturers with regard to 

OBD equipment arc specified in regulatory section 40 CFR 86.094-l?(e)(l): "Control of Air Pollution From New Motor 

Vehicles and New Motor Vehicle Engines: Regulations Requiring On-Board Diagnostic Systems on 1994 and Later Model Year 

Light-Duty Vehicles and Light-Duty Trucks," which imposes, among other things, the obligation to design, build and certify 

OBD systems that: "record code(s) indicating the status of the emission control system Absent the presence of any fault codes, 

separate status codes shall be used to identify correctly functioning emission control systems and those emission control systems 

which need further vehicle operation to be fully evaluated." In promulgating these requirements on February 19, 1993 the 

Agency stated: "The readiness code will ensure TIM testing personnel and service technicians that malfunction codes have not 

been cleared since the last OBD check of the vehicle's emission-related control systems. This code will be essential ... since UM 

personnel must be sure that the OBD system has sufficient time to completely check all components and systems. The readiness 

code is also crucial for indicating to service personnel whether any repairs have been conducted properly." 

13 
facility where the monitors can be set based upon vehicle-specific, manufacturer guidance. 

Alternatively, states may decide to allow such vehicles to default back to the traditional IIM 

tests performed on the vehicles in question prior to introduction of the OBD-IIM test 

requirement. EPA recommends that states that choose to use back-up tailpipe testing in lieu of 

rejection track this activity carefully to ensure that the practice does not lead to an inadvertent 

loophole through which motorists routinely avoid the OBD-IIM inspection in favor of the 

tailpipe test. 

In all cases, it is important to emphasize that lack of readiness is a special status 

particular to OBD systems and that the vehicle is not necessarily producing excess emissions. 

Instead, the vehicle's emissions status is officially "Unknown," due to a failure to meet 

certain monitoring conditions prior to the inspection. In order to minimize confusion, EPA 

recommends that states provide a written statement about OBD and readiness status to 

motorists who are rejected based upon an excessive number of unset readiness codes. Such a 

statement should make the following key points: 

1) A vehicle rejected as "not ready" is not necessarily "dirty." 

2) "Not ready" just means the vehicle's computer has not had an opportunity to fully 

evaluate the vehicle's performance. 

3) Many circumstances can lead to a vehicle being "not ready," including recent 

vehicle repairs and/or battery replacement. 

4) In most cases, a week's worth of continued vehicle operation under normal 

operating conditions will be sufficient to make a "not ready" vehicle "ready." 

5) In a very limited number of cases (less than 1 %), a "not ready" vehicle may need 

to be taken to a repair facility, where the readiness codes can be set based upon 

vehicle-specific, manufacturer guidance. 

Readiness Status: Retest After Repairs --Non-catalyst-related DTCs 

OBD-I/M programs also must address the readiness code status of vehicles returning for 

retesting after repairs have been performed to correct an initial OBD-IIM failure. Even if the 

vehicle showed all readiness codes as "ready" on the initial test, vehicles returning to the IIM 

lane immediately following repair will likely have just had the fault code memory cleared by 

the repair technician (the proper step following a repair). Upon clearing the fault code memory, 

however, all readiness codes will also be cleared and set to ''not ready." If the vehicle returns 

for retesting immediately after repair, it is possible that one or more readiness codes will 

register as "not ready." To address this possibility, EPA recommends that the vehicle be held to 

the same readiness criteria as are applicable for an initial test (i.e., if the vehicle is MY 1996-

14 
2000, a maximum of any two unset readiness codes may be allowed, while for MY 200 I and 

newer vehicles, no more than one unset readiness code is allowed). 

To help minimize the potential for vehicles showing up for their retest with an excessive 

number of unset readiness codes, outreach to the repair community should stress the importance 

of confirming vehicle readiness prior to returning a repaired, OBD-equipped vehicle to its 

owner. Motorists should also be informed that they should plan to allow a week's worth of 

ordinary driving between receiving repairs and getting a vehicle retested, to avoid being 

rejected based upon an excessive number of unset readiness codes. If, despite these caveats, a 

vehicle is presented for retesting with an excessive number of unset readiness codes after repair, 

EPA believes that the submission of repair receipts as proof of repair is an adequate method for 

establishing that the necessary repairs have been performed. EPA appreciates that the ability of 

inspectors to confirm repairs prior to retesting will vary, depending upon whether the liM 

program is a test-and-repair or test-only program. In the case of test-only programs, outreach 

efforts to the repair community should stress the importance of including an indication on the 

repair receipt that the repairs in question are OBD-related (i.e., by including the diagnostic scan 

in an itemized list of services performed). A repair receipt (as opposed to a repair estimate) 

including evidence of a diagnostic scan and dated either on the same day as the initial test or 

sometime thereafter may be considered adequate for establishing proof-of-repair for retest 

purposes in test-only programs. In the case of owner-performed repairs, the program should 

require the submission of appropriately dated parts receipts prior to retesting, and these receipts 

should be reviewed by the test station manager, who in turn should be trained to determine 

whether the parts in question are relevant to the cause of failure. EPA believes that the number 

of vehicles falling into this last category (i.e., OBD-equipped vehicles that fail the initial test 

and return for retesting with owner-performed repairs and an excessive number of unset 

readiness codes) should be relatively smaW9

. 

In commenting on an earlier draft of this implementation guidance, some commenters 

raised concern that it would be possible for repair technicians to selectively clear DTCs without 

performing repairs and without setting the remaining monitors (i.e., those without DTCs 

recorded) to "not ready." If this were possible-- the commenters argued-- then vehicles that 

should be failed could be fraudulently passed on the retest (even without receiving repairs) 

because of the readiness exemptions allowed by EPA (assuming the number of DTCs resulting 

in the initial failure did not exceed the number of readiness exemptions allowed for the model 

year in question). In reality, it is not possible to selectively clear DTCs or to only set some 

readiness monitors to "not ready" while leaving the remaining monitors "ready." As currently 

designed, the feature which allows the clearing ofDTCs is an all-or-nothing proposition--

19 In looking at data from the Oregon OBD-IIM program, EPA has found that for the tailpipe test, the average number 

of retests required before passing after the initial failure is 2.01, while for vehicles failing the OBD-I/M check, the average 

number of retests required before passing after the initial failure is 1.39 (even after accounting for the retest rejection rate 

associated with the readiness issue described in this section). 

15 
specifically to avoid fraud such as that suggested by the commenters20

• 

Readiness Status: Retest After Repairs -- Catalyst-related DTCs CP0420 - P0439) 

Based upon an analysis of data from the Oregon OBD-IIM program EPA recommends 

that vehicles which fail the initial OBD test for any of the catalyst monitoring codes (P0420 

through P0439) be held to a higher standard for the retest than is the case with other failure 

codes. EPA recommends that initial catalyst failures follow one of the following steps at the 

time of retest: 

1) If the catalyst monitor is "ready" at the time of retest, then the vehicle should be 

treated like any other vehicle returning for retest after failing for any non-catalystrelated DTC. 

2) If the catalyst monitor is "not ready" at the time of retest, then the owner should be 

required to provide proof of repair, or the vehicle should be required to pass a 

tailpipe test to verify catalyst function. 

3) Alternatively, at the program's discretion, if the catalyst monitor is "not ready" at 

the time of retest, the vehicle should be rejected until the catalyst monitor has been 

set to "ready." 

Readiness Status: Continuous Monitors 

As previously mentioned, EPA has found that a small number ofvehicles may be 

flagged as "not ready" or "not supported" for one or more of the continuous monitors (i.e., 

misfire, fuel trim, and/or comprehensive components). EPA recommends that programs 

exclude these continuous monitors from consideration when establishing the initial readiness 

status of the vehicle. This exclusion is for readiness determination purposes only; a vehicle 

with a MIL commanded on for continuous monitor based DTCs should continue to be failed in 

compliance with the test procedure discussed earlier in this guidance. EPA is working with 

state programs and OBD software suppliers to address this issue and will provide revised 

guidance as warranted. 

In the case of vehicles which fail the initial OBD-IIM check exclusively for DTCs 

related to the continuous monitors, repair technicians should be instructed to not clear the DTCs 

electronically after performing the necessary repairs. Instead, the success of repairs based upon 

continuous monitor related DTCs should be confirmed by letting the OBD system detect the 

repair and reset itself to "ready" (a process which should occur naturally after 3 engine key20 Refer to SAE J 1979- "EIE Diagnostic Test Modes," Mode $04. 

16 
on/key-off cycles, provided the repairs were performed correctly). In the case of initial failures 

for a mix of continuous and non-continuous monitor related DTCs, the DTCs should continue 

to be cleared, post-repair, as recommended elsewhere in this guidance. 

Evaporative System Testing and OBD 

EPA's analysis of the Wisconsin IJM lane data suggests that OBD-I/M testing can be 

supplemented by including a separate gas-cap check. When EPA compared failure rates for the 

evaporative portion of the OBD-I/M test to the failure rate for the stand-alone gas cap test we 

found that the separate gas cap test was able to identify a substantial number of leaking gas caps 

that were not identified by the OBD monitors due to the different failure thresholds. 

The seeming disparity described above is a result of the different detection thresholds 

for the two tests. The stand-alone gas cap test was designed to detect a leak as small as 60 

cubic centimeters per minute (cc/min) at a pressure of30 inches of water, while OBD systems 

were designed to detect leaks equal to a circular hole 0.040 inches in diameter. The 0.040 inch 

hole equates to a flow rate in excess of2,600 cc/min at 10 inches of water column (i.e., the 

maximum allowable internal tank pressure using the enhanced evaporative emission test?1

• As 

a result, an OBD system can reliably detect a loose or missing gas cap, while a properly 

tightened but leaking gas cap that can easily be identified by the gas cap test will probably not 

be identified by OBD. 

Since the gas cap test is able to identify an excessive emission condition not identified 

by OBD, EPA recommends including this additional testing element in those areas that need 

substantial reductions in hydrocarbon (HC) emissions from mobile sources as part of their 

ozone attainment plans. For states with more modest air quality needs with regard to mobile 

sources, EPA is leaving it to the states to assess their needs regarding whether or not gas cap 

testing is added to the OBD testing regime. EPA is reserving judgement at this time because 

we still do not have sufficient data to draw reliable conclusions concerning the frequency of 

leaking gas caps in the in-use fleet. Our efforts in these areas have been complicated as a result 

of pre-inspection replacement of the gas cap and, in some cases, a failure by inspectors to 

record the initial gas cap failure as a failure. During informal audits of such programs, EPA has 

found that the faulty gas cap is frequently replaced on the spot, or the owner is directed to 

simply replace the cap later without being required to return for a retest22

. 

21 During its pilot testing ofOBD evaporative monitor effectiveness, EPA found that some in-use OBD systems were 

capable of detecting leaks from holes as small as 0.020 inches in diameter. A 0.020 inch hole equates to 600 cc/min at 10 inches 

of water column pressure. 

22 EPA encourages states conducting the gas cap pressure check to stress the importance of performing and recording 

the results of the gas cap test accurately as part of their on-going outreach, training, and enforcement activities. 

17 
Implementation Issues for Centralized vs. Decentralized OBD-Based Testing 

While EPA recommends that JJM programs integrate OBD-JJM test procedures into 

an overall, PC-based, real-time data-linked testing system, we understand that some programs 

which do not currently require test stations to be linked to a real-time database may opt to use 

generic, stand-alone, handheld scanners that do not generate automatic test reports and are 

not tied to a real-time data-linked system. While the use of stand-alone scanners is not barred 

by JJM regulations for those areas not otherwise required to employ a real-time database, 

EPA nevertheless sees several drawbacks to the stand-alone approach to OBD-JJM testing. 

For example, the lack of a real-time data link will mean that program oversight will 

necessarily be more costly, more labor intensive, and also less comprehensive, leaving the 

program perhaps more vulnerable to fraud. This decrease in program oversight effectiveness 

would come at a time when a significant portion of the program itself is reverting to what is, 

in effect, a manual test program, where test reports are filled out by hand from information 

read off a handheld scanner's screen. Historically, programs that rely upon a non-automated 

process for making pass/fail decisions have been found to be even more difficult to oversee 

than traditional decentralized programs, since no electronic record is produced, making 

auditing more difficult. Furthermore, the use of computer matching to identify noncomplying vehicles would be seriously restricted under such a system, assuming that such a 

system would not result in an electronically searchable testing database. And while it is 

possible that manually-completed test reports could be made computer-scannable and 

collected during site visits or sent to the state, the inherent time lag between the test and 

inclusion in the state database makes this a chall enging implementation issue (i.e., a negative 

hit could equal data lag, not necessarily non-compli ance). Lastly, the individual station's 

access to extensive and important program information (for example, DLC location databases 

and technical service bulletins regarding program updates, pattern failures, etc.) would be 

limited, both in terms of availability and timeliness. 

At a minimum, EPA believes that for an OBD-IIM test program to be most effective-

- whether centralized or decentralized -- it should be designed in such a way as to allow for: 

Real-time data link connection to a centralized testing database; 

Quality-controlled input of vehicle and owner identification information 

(preferably automated, for example, through the use ofbar code); and 

Automated generation oftest reports. 

OBD and Inspector Fraud 

As is the case with all other JJM test types, the OBD-JJM check is vulnerable to 

inspector fraud, and program managers need to be on guard to limit the opportunities for this 

18 
kind of activity. For example, it is currently possible for an unscrupulous inspector in a 

tailpipe-based program to engage in a practice known as "clean piping," where a knownclean vehicle is tested while the vehicle identification information for another (presumably 

dirty) vehicle is entered into the test record. Similarly, there is a limited opportunity for an 

inspector to "clean scan" an OBD-equipped vehicle, but there are also methods for keeping 

this type of activity in check. The opportunity for "clean scanning" exists because the vehicle 

identification number (VIN) is not currently included in the data stored in the vehicle's 

onboard computer. Unlike "clean piping," however (where almost any known-clean vehicle 

will do), the opportunity for large-scale "clean scanning" can be greatly reduced through the 

use of identity-limiting information which is currently available from the vehicle's OBD 

system. For example, programs could tally the number of Parameter Identifications (PIDs)23 

supported by the vehicle, which can be used as a check against the other vehicle information 

entered into the test record. Another important number to capture and track for quality 

control purposes is the Powertrain Control Module (PCM) diagnostic address24• While these 

numbers do not identify a vehicle down to the level of an individual registration and owner, 

they do allow for the separation of vehicles into different makes, models, and engine families. 

Put another way, the PID count and PCM diagnostic address for a Honda Accord will be 

different from that of a Ford Escort. Therefore, programs can limit the potential for fraud via 

"clean scanning" by comparing the PID count and/or the PCM diagnostic address to the other 

vehicle information in the test record. EPA is working with manufacturers and states 

currently implementing the OBD-IIM inspection to gather the data necessary to interpret PID 

count and PCM diagnostic address information so it can be used for this purpose. 

In commenting on an earlier draft of this implementation guidance, some commenters 

suggested that even though the use ofPID counts and PCM diagnostic addresses could limit 

the potential for fraud via "clean scanning" among garages and service stations, it does not 

pose much of a deterrent for dealerships, which have a readily available supply of vehicles of 

the same make and model as vehicles being tested. While this may be the case, EPA does not 

believe that the potential for fraud among OBD-equipped vehicles is any higher than the 

current potential for fraud via clean piping. Furthermore, if a state is concerned that 

dealerships pose a greater fraud threat than other service providers, the state certainly has the 

discretion to monitor the compliance of those dealerships and take appropriate enforcement 

action, should fraud be detected. 

Repair Cost Waivers and OBD 

Though for equity reasons it may be difficult for states to eliminate the waiver option 

for OBD-tested vehicles, EPA recommends that states consider at least modifying waiver 

23 Refer to SAE Jl979 MODE 01 PID 00. 

24 Refer to SAE 11979 Section 4.2.4 Header Bytes. 

19 
requirements for such vehicles. The reason for wanting to avoid granting a waiver to a 

vehicle with an illuminated MIL is two-fold: 1) it reinforces bad behavior (i.e., ignoring 

illuminated MILs) and 2) once lit, a MIL that was illuminated for a relatively minor problem 

effectively eclipses new, major problems, should they develop. At a minimum, the state's 

public education efforts regarding the OBD inspection should stress the importance of 

responding to illuminated MILs in a timely manner. 

Public Outreach 

In recognition of the pivotal role repair technicians and the public play in the success 

ofTJM programs, EPA recommends that all states required to perform vehicle OBD system 

checks begin public outreach and technician training six months to a year prior to the 

beginning of mandatory OBD testing25. Therefore, another reason for issuing this guidance at 

this time is to give states the opportunity to consider the various issues raised by and 

addressed in this guidance in the development of their public outreach and technician training 

efforts. The need for public outreach is also one of the reasons EPA has provided states 

several options for postponing the deadline for mandatory OBD testing beyond January 1, 

2001 as part of its AprilS, 2001 rulemaking. 

To facilitate a smooth incorporation of OBD-based testing of OBD-equipped vehicles 

into TJM programs states should not underestimate the importance of effective public 

outreach campaigns to inform motorists and the repair community about OBD and how it 

works, what the MIL is and how to respond to it, and the environmental and consumer 

benefits ofOBD. Thorough explanation of the OBD system within the context ofTJM testing 

may guard against the negative public perception which accompanied the introduction of 

loaded mode testing in many areas. Extra care may need to be taken in areas where loaded 

mode testing made the state emissions testing a "hot button" issue. 

Once developed, public educational materials should be disseminated as widely as 

possible. Relevant distribution points include: Trade organizations, dealerships (service 

writers as well as technicians), AAA and other insurance-provider newsletters, private 

garages, owners manuals for MY 1996 and newer vehicles, EPA publications, auto shows, 

drive-time radio advertisements, automotive magazines, and environmental public service 

announcements. In pursuing their public outreach efforts, states should be sure to involve all 

relevant parties in the process of developing and distributing materials. These include: State 

25 EPA also recommends that states consider factoring in a month or more of voluntary, advisory-only testing to allow 

inspectors and motorists to get accustomed to the program and to allow for debugging prior to the beginning of mandatory testing 

with mandatory repairs upon failure. Under such a scenario, a vehicle would be given a complete OBD-1/M test with the 

exception that vehicles would not be failed on the basis of the OBD-1/M check alone, and would, instead, be issued an advisory 

notice indicating that the vehicle is experiencing a problem for which it will be failed if corrective action is not taken prior to the 

next test cycle. Under the one-test-cycle phase-in option allowed by the April 5, 200 I FRM, vehicles which fail the OBD-1/M 

check but pass the tailpipe inspection should be provided an advisory such as the one described above if they arc excused from 

being repaired during the phase-in period. 

20 
legislators, locallcaders, automobile manufacturers, automobile enthusiasts, scan tool 

manufacturers, EPA regional offices, emission inspection contractors, environmentalists, 

health professionals, AAA and other automotive insurance providers, technical colleges, 

service writers, private garages and repair chains. 

Technician Training 

The success of a state's OBD-IIM effort will also depend on making sure that the 

repair community is prepared to address the sorts of vehicles that are identified by the OBD 

scan as needing service and/or repair. States should work with their local educational 

institutions, OBD equipment vendors, and other training providers to ensure that the 

necessary training is available to repair technicians in the field well in advance of mandatory 

OBD-IIM testing. In addition, states should also work with the various organizations 

representing the repair community to stress the need for repair technicians to take advantage 

of the training opportunities that are available. 

In liM programs where repair technicians are licensed or certified by the state to 

participate in the program, OBD-specific repair technician training should be required as a 

prerequisite to such licensing or certification. Such training should address the following 

topics, at a minimum: 

• The basics of OBD (i.e., theory, terminology, legal requirements, etc.) 

• The differences between OBD I and OBD II 

• The OBD-IIM inspection procedure 

• The pass, fail, and rejection criteria for OBD-equipped vehicles 

• Readiness, the setting and clearing of codes, and MIL-triggering vs. pending 

DTCs 

• The link between the OBD-IIM check and the environment, and 

• Proper diagnostic procedures and available sources of diagnostic materials 

(i.e., manufacturers, hotlincs, web sites, etc.). 

21 
APPENDIX A 

Glossary ofi/M- and OBD-Related Terms 

Basic JIM: A vehicle inspection and maintenance program designed to meet the basic JIM 

performance standard which includes performance of an idle test on 1968+ passenger cars. 

Under the 1990 Amendments to the Clean Air Act, basic JIM is required in moderate 

nonattainment areas, as well as those areas already implementing or required to implement a 

basic 11M program prior to passage of the 1990 Amendments. 

"Check Engine" Light: See the definition for Malfunction Indicator Light (MIL) below. 

Diagnostic Trouble Codes CDTCs): An alphanumeric code which is set in a vehicle's onboard 

computer when a monitor detects a condition likely to lead to (or has already produced) a 

component or system failure, or otherwise contribute to exceeding emissions standards by 1.5 

times the certification standard. 

Enhanced JIM: A vehicle inspection and maintenance program designed to meet one of three 

enhanced 11M performance standards- high, low, and ozone transport region (OTR) low. 

The high enhanced standard is designed around IM240 tailpipe testing and purge and 

pressure evaporative system testing. The low enhanced standard is similar to the basic 11M 

performance standard, but includes light-duty trucks and a visual antitampering inspection. 

The OTR low enhanced performance standard is designed for areas which would not be 

required to do 11M at all, save for their location within the Northeast Ozone Transport 

Region. The OTR low enhanced standard is based upon tailpipe testing using remote sensing 

devices and visual anti tampering inspections. Serious and worse nonattainment areas are 

required to implement enhanced liM, as well as all areas within the OTR with populations 

over 100,000, regardless of attainment status. 

Evaporative System Test: A test of a vehicle's evaporative control system to determine if the 

system is 1) leaking and/or 2) purging properly. 

Malfunction Indicator Light (MIL): Also known as a Check Engine light, the Malfunction 

Indicator Light of MIL is illuminated on the dashboard when conditions exist likely to result 

in emissions exceeding standards by 1.5 times or worse. Alternatives include "Service 

Engine Soon," as well as an unlabeled picture of an engine. 

Onboard Diagnostics COBD): A system of vehicle component and condition monitors 

controlled by a central, onboard computer running software designed to signal the motorist 

when conditions exist which could lead to a vehicle's exceeding its emission standards by 1.5 

times the standard. 

OBD Data Link Connector CDLC): The interface- usually located under the dashboard on 

the driver's side - between a vehicle's OBD computer and the OBD scanner. Connecting an 
OBD scanner to the DLC allows 11M inspectors and vehicle repair technicians to read the 

readiness status of the vehicle's various onboard monitors as well as any diagnostic trouble 

codes (DTCs). 

Readiness Code: A status flag stored by a vehicle's onboard computer which is different from 

a DTC in that it does not indicate a vehicle fault, but rather whether or not a given monitor 

has been run (i.e., whether or not the component or system in question has been checked to 

determine if it is functioning properly). 

Scanner or Scan Tool: A PC-based or handheld device used to interface with a vehicle's 

on board computer for the purpose of reading DTCs and monitor readiness status. 

Test-and-Repair: An IIM program which allows the same people who test a vehicle to also 

repair the same vehicle and retest it to determine whether or not the repairs performed were 

adequate. Test-and-repair programs are also generally decentralized, though not all 

decentralized programs are necessarily test-and-repair. 

Test-Only: An IIM program- usually, though not exclusively centralized- which requires 

that the functions of testing and repair be performed by different, fmancially unrelated 

parties. 
APPENDIXB 

Data Link Connector Mappine Diaeram 
Diagnostic Link Connector Mapping Di

Driver Side 

'\ 

---·--:-

I I 1#6 III iX >X .<X lX <XJX '* ' ( '* X .? ' •. ... X <XX SX iL #-7 

I 

I 

I 

I_----

Preferred Connector Location 

l 

I 

I I I I I 

\ 

\ 

\ 

\ 

Passeng

--=

-- 

-- 

-.... .......... 

_ 

----

------ 

+ - Vehic
Diagnostic Link Connector (DLC) Mapping Diagram Explanation 

The mapping diagram of DLC locations contains a divided instrument panel (IP) with 

numbered areas. Each numbered area represents specific sections of the IP where 

manufacturers may have located DLCs. This document briefly clarifies the numbered 

locations on the mapping diagram. Areas 1-3 fall within the preferred DLC location while 

the remaining areas, 4-8, fall into the allowable DLC location according to EPA 

requirements. Areas 4-8 require that manufacturers label the vehicle in the preferred location 

to notify parties of the alternate connector location. 

Preferred Location(s) 

Location #1: 

This location represents a DLC positioned on the underside of the IP directly under the 

steering column (or approximately 150mm left or right of the steering column). Visualizing 

the underside of an IP divided into three equal parts from inside the passenger compartment, 

this represents the center section. 

Location #2 

This location represents a DLC positioned on the underside of the IP between the steering 

column and the driver's side passenger door. Visualizing the underside of an IP divided into 

three equal parts from inside the passenger compartment, this represents the left section. 

Location #3 

This location represents a DLC positioned on the underside of the IP between the steering 

column and the center console. Visualizing the underside of an IP divided into three equal 

parts from inside the passenger compartment, this represents the right section. 

Allowable Location(s) 

Location #4 

This location represents a DLC positioned on the upper part of the IP between the steering 

column and the center console (but not on the center console, see location #6). 

Location #5 

This location represents a DLC positioned on the upper part of the IP between the steering 

column and the driver side, passenger door. 

L ocation #6 

This location represents a DLC positioned on the vertical section of the center console and 

left of the vehicle center line. 

Location #7 
This location represents a DLC positioned 300 mm right of the vehicle centerline either on 

the vertical section of the center console or on the passenger side of the vehicle. 

Location #8 

This location represents a DLC positioned on the horizontal section of the center console 

either left or right of the vehicle center line. This does not include the horizontal section of 

the center console that extends into the rear passenger area (see location #9). 

Location #9 

This location, not shown, represents any DLC positioned in an area other than those 

mentioned above (e.g., in the rear passenger area on the driver side armrest). 
APPENDIXC 

Vehicles with Hard-to-Find Data Link Connector Locations*, by Make and Model Year 

(*Location numbers refer to DLC map in Appendix B) 
Manuracturer Year Model Location/ I Comments I ! A i coess 

Audi 1996, 1997 Cabriolet, A6 9/cover rear ashtray ' 

Bentley 1996-2000 all 9/cover in glove box 

BMW 1999·2000 3 Series 2/cover 1/4 tum slot head screw 

BMW 1996·1998 3 Series {including '96-'99 M3) 2/cover 114 tum slot head screw 

BMW 1996·2000 5 Series I 2/cover 1/4 tum slot head screw 

BMW 11996.2000 7-seriM 6/cover ur.der stero cntrl 

BMW 1996·2000 X3/M Aoadsi .. r 7/cover pa!>Senger side of console i 

BMW 1996 .2000 Z3·series 9/cover under passgr. dash I 

Ferrari 1996-2000 all 3/open up high under the dash board 

Ford 1996 Bronco 7/cover I 

Ford 1996 F Series 7/cover j 

Ford 1996, 1997 Thunderbird/Cougar 7/cover I I 

Honda 1996 . 1997 Accord 6/cover behind ashtray I 

Honda 1997·1998 AcuraCL 7/9(Jen under passgr. dash 

Honda 1999 AcuraCL 8/open bove shifter 

Honda 1999·2000 AcuraAL 8/cover In front of shifter behind ashtray 

Honda 1996·1998 AcuraTL · 8/cover behind ashtray · 

Honda 1999·2000 Acura TL 6/cover below radio next to seat heater control 

Honda 1997·2000 CA.Y 7/open under passgr. dash 

Honda 1996-2000 DeiSoi/Hybrid 7/open under passgr. dash 

Honda 1996-1999 Integra 7/open underpassg~dash 

Honda 1997·2000 NSX, S2,000 7/open under passgr. dash 

Honda 1996· 1998 Odyssey 7/cover console under passgr. dash 

Honda 1997· 2000 Prelude 7/cover under passgr. dash 

Honda 1996 Prelude 8/open above shifter 

Honda 1996-1998 Acura RL 7/open passenger side center console front 

Hyundai 1996-1998 Accent 2/open in coin boxl 

Lexus 1996 ES300 2/cover behind fuse box panel1 I 

Lexus 1996· 2000 LS400 2/cover above par1<ing brake 

Lotus 1997.2000 Esprit 7/open Above Passenger Dash 

Mazda 1998·1999 Mlata 2/cover behind fuse box panel 

Mitsubishi 1996 Expo 2/open behind fuse box 

Porscbe 1996 AIIVehlcles 6/cover driver's side of console 

Rolls· Royce 1996-2000 all 9/cover in glove box 

Rover 1997 Defender 6/cover under parcel tray 

Rover 1996.2000 Range Rover 7/open underpassngrdash 

Subaru 1996·2000 Legacy 2/cover behind plastic hinged cover 

Subaru 1996·1997 svx 1/cover right side of steering column 

Toyota 1996 Avalon 2/cover behind fuse box panel 

Toyota 1996 Camry 2/cover behind coin box 

Toyota 2000 New Hybrid 7/open I 

Toyota 1996. 1997 Prevta .(214 WD) 6/cover top lnstrumt panel 

Toyota 1996-1998 Tercel 2/cover behind fuse box panel 

Volvo 1997·1998 850 8/cover In front of shifter under coi'l tray 

VOLVO 1998. 1999 all vehicles except sao 9/cover hand brake area 

Volvo 2000 CJSN70 8/cover I 

Volvo 2000 SN40 6/cover 

vw 1996·1998 Cabrio, Golf, Jetta 7/cover right side of ashtray ! 

vw 1996·1999 Eurovan 4/cover on dash behind wiper lever 

vw 1999 Golf,Jetta 7/oover I 

vw 1996 . 1997 Pass at 4/cover on dash behind wiper lever I 

Page 1 
APPENDIX D 

Manufacturers Known to Have OBD Readiness Issues 

1996 Chrysler vehicles- Vehicles may clear readiness at key-off. Vehicles should be tested 

normally. If vehicles are found to be "Not Ready," they should be referred to a qualified 

service provider so the OBD software can be updated. 

1996 - 1998 Mitsubishi vehicles - These vehicles may have a high degree of "Not Ready" for 

catalyst monitor due to a "trip based" design. Mitsubishi has provided driving cycles in its 

service information to allow monitors to operate. These vehicles should be scanned for MIL 

illumination without regard to readiness status. 

1 996 Nissan vehicles and 1997 Nissan 2.0 liter 200SX - These vehicles may have a high 

degree of"Not Ready"for catalyst and evaporative monitors due to a "trip based" design. 

Nissan has provided driving cycles in its service information to allow monitors to operate. 

These vehicles should be treated as other non-problematic vehicles. Nissan Technical 

Service Bulletin #NTB98-018, February 18, 1998. 

1996-98 Saab vehicles- These vehicles may have a high degree of"Not Ready"for catalyst 

and evaporative monitors due to a "trip based" design. Saab has provided driving cycles in 

its service information to allow monitors to operate. These vehicles should be treated as 

other non-problematic vehicles. Saab Technical Service Bulletin not yet available. 

1996 Subaru vehicles - Vehicles will clear readiness at key-off. There is no reprogramming 

available for this line of vehicles. These vehicles should be scanned for MIL illumination 

without regard to readiness status. Subaru Technical Service Bulletin #11-49-97R (see 

Appendix F of this guidance). 

1997 Toyota Tercel and Paseo- Vehicles will never clear the evaporative monitor to 

"Ready." At this time no fix is available. Vehicles should be scanned using remaining 

readiness monitors as described for non-problematic vehicles. 

1996 Volvo 850 Turbo- Vehicles will clear readiness at key-off. There is no reprogramming 

available for this line of vehicles. These vehicles should be scanned for MIL illumination 

without regard to readiness status. Volvo Technical Service Bulletin #SB 2-23-0056. 

1996-98 Volvo vehicles (excluding 850 Turbo)- These vehicles may have a high degree of 

"Not Ready"for catalyst and evaporative monitors due to a "trip based" design. Volvo has 

provided driving cycles in its service information to allow monitors to operate. These 

vehicles should be treated as other non-problematic vehicles. Volvo Technical Service 

Bulletin #SB 2-23-0056. 
APPENDIX E 

OBD-1/M Test Procedure Flow Chart 
OBD liM RECOMMENDED TEST PROCEDURE 

Vehicle fai ls 

test 

(Note #1) 

Start 080 

1/M Test 

Procedure 

Center for Automotrve Science and T ecl'lnology 

Webef State University 

Locate DLC, 

connect test 

equipment 

Note MIL (MIL 

illumination maybe 

brief) while turning 

ignition switch to 

the "Run" position 

with engine "Off' 

engine running and 

establish 

communication 

with on-board 

system 
OBD 1/M RECOMMENDED TEST PROCEDURE FOR 1996 MODEL YEAR AND NEWER VEHICLES (Cont) 

Connect 

functional 

approved test 

equipment 

test 

(Note #2) 

Vehicle fails 

test 

(Note #4) 

Center ror Automotive Sc1ence and Technology 

Weber State University 

No 

End 

Yes 

Yes 

No 

Yes 

Yes 

No 

Vehicle fails 

test 

(Note #3) 
OBD 1/M RECOMMENDED TEST PROCEDURE FOR 1996 MODEL YEAR AND NEWER VEHICLES 

Retrieve DTCs using 

Mode $03 request. 

Provide DTC's with 

description on a 

Vehicle Inspection 

Report for repair and 

fleet failure 

characterization 

Vehicle 

fails OBD 

1/M test 

View Readiness Code 

status 

(Data collection only) 

Center for Automotive Science and Technology 

Weber State University 

No 

Vehicle is not ready 

for liM· evaluation. 

Vehicle needs to be 

operated in such a 

way as to exercise all 

monitors. 

(Note #5) 

Yes 

passes 

080 liM 

test 

(Cont} 
Notes on flow chart: 

Note 1: The purpose of this step is to verify the On-Board Diagnostic (OBD) system has control of 

the Malfunction Indicator Light (MIL) and the MIL is functional. Operation of the MIL varies 

between vehicle manufacturers. Key On Engine Off (KOEO) typically results in the MIL on 

steady, however, there are systems which will illuminate the MIL only briefly during KOEO. 

In either situation MIL presence and illumination capability has been established. 

If the vehicle fails the 1/M test at this point, the vehicle inspection report should indicate the 

MIL problem should be repaired and also include information gathered during the 

remaining 1/M test steps. 

Note 2: It is important for the 1/M testing personnel to verify proper diagnostic equipment operation 

before failing the vehicle. If the diagnostic equipment is functional then the vehicle's 

communication problem must be resolved. 

Without communication between the OBD system and the test equipment the 1/M test must 

be ended and the problem resolved before further interrogation of the vehicle can be 

performed. This step includes identification of Data Link Connector (DLC) tampering, 

serial data circuit problems and any other condition that would prevent the OBD system 

from communicating with the test equipment. · 

Note 3: 1/M test failure is a result of. MIL illumination even though the OBD system has not 

commanded the MIL on, or has stored any Diagnostic Trouble Codes (DTCs); e.g., a serial 

data line failure between the· OBD computer and the Instrument Panel. 

Note 4: 1/M test failure is a result of both the actual and commanded state of the MIL. DTCs should 

be stored since the MIL is commanded on. A vehicle should not fail an 1/M test when 

DTCs are stored but there is no MIL on; e.g., the DTC was stored by a loose gas cap which 

was subsequently tightened. 

Note 5: Readiness Code status must be identified at this stage in the 1/M test to determine whether 

or not all emission control systems have been tested by the OBD system. If any one (or 

more) Readiness Code(s) are not set ("ready") the OBD system has not yet completed 

testing of the system(s) and failures may be present but not yet identified. It is important to 

understand that the vehicle does not fail the 1/M test at this point; no emission related 

faults have been identified. The current state of the vehicle's emission control system is 

undetermined. 

The emission control systems and related components are tested under specific vehicle 

operating conditions. Therefore, to set the Readiness Codes the vehicle must be operated 

within these specific conditions (commonly referred to as "enable criteria") for the OBD 

system tests to be performed. Once testing of an emission control system is complete, the 

related Readiness Code will be set ("ready"). When all Readiness Codes are set, the 

vehicle is ready for further 1/M testing. 

It will be at the states discretion whether to recommend the customer drive the vehicle to 

set the Readin.ess Codes or to take the vehicle for service. The state may also choose to 

use a dynamometer drive cycle. 
Note 6: EPA has revised the current readiness code requirement to allow states to complete the 

testing process on model year 1996 thru 2000 vehicles with two or fewer unset readiness 

codes; for model year 2001 and newer vehicles, the testing process could still be complete 

provided there is no more than one unset readiness code. It is important to understand 

that the vehicle does not fail the liM test because an unset readiness code is not itself an 

indication of an emission problem with the vehicle. 


VOC Benefits (TPD) in the Chicago NAA from 

Existing and Proposed 1/M Programs, 2012 - 2020 

The Proposed 2012+ 1/M program reduces 1/M 

benefits for VOC in the Chicago NAA (relative 

o the Existing [2007+] program) by less than 

0.05 TPO--essentially no reduction at all 

2014 2015 2016 2017 

Year 

2018 2019 2020 

t1 Existing 1/M Program 

a Proposed 1/M Program 
VOC Benefits (TPD) in the Metro-East +Jersey NAA 

om Existing and Proposed 1/M Programs, 2012 - 2020 

The Proposed 2012+ 1/M program reduces 1/M 

benefits for VOC in the Metro-East+ Jersey NAA 

(relative to the Existing [2007+] program) by less 

han 0.001 TPD--essentially no reduction at all 

2014 2015 2016 2017 

Year 

2018 2019 2020 

E:l Existing 1/M Program 

ll'.! Proposed 1/M Program 
STATE OF ILLINOIS 

COUNTY OF SANGAMON 

) 

) 

) 

ss 

-- .. ·o -

~f J;~ll(·~ nlit=: 

. Uld i ll J ,~it 

STATE OF IWNOIS 

Pollution Control Board 

CERTIFICATE OF SERVICE 

I, the undersigned, an attorney, state that I have served the attached 

REGULATORY PROPOSAL entitled "REVISION OF ENHANCED VEHICLE 

EMISSION INSPECTION AND MAINTENANCE (I/M) REGULATIONS: 

AMENDMENTS TO 35 ILL. ADM. CODE PART 240," MOTION FOR WAIVER OF 

COPY REQUIREMENTS, and APPEARANCE of the Illinois Environmental Protection 

Agency by first-class mail from Springfield, Illinois, with sufficient postage affixed, upon 

the following persons: 

John Therriault, Clerk 

Illinois Pollution Control Board 

James R. Thompson Center 

100 West Randolph, Suite 11-500 

Chicago, Illinois 60601 

Virginia Yang, Deputy Legal Counsel 

Illinois Department of Natural Resources 

One Natural Resources Way 

Springfield, IL 62702-1271 

DATED: September 30, 2011 

1021 N. Grand Avenue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

(217) 782-5544 

Matthew Dunn, Chief 

Division of Environmental Enforcement 

Office of the Attorney General 

James R. Thompson Center 

69 West Washington, Suite 1800' 

Chicago, Illinois 60602 

1 

~ I .... , . ;" .... . 

·'1 IGIN AL 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By:d~~ Kent E. Mohr . o<J Assistant Counsel 

Division of Legal Counsel 
Attachment 59

Proposed Rule 

Proposal for Public Comment 

Opinion and Order of Board by J.A Burke 

dated October 6, 2011 

ILLINOIS POLLUTION CONTROL BOARD

October 6, 2011

IN THE MATTER OF:

REVISION OF ENHANCED VEHICLE 

EMISSION INSPECTION AND 

MAINTENANCE (I/M) REGULATIONS: 

AMENDMENTS TO 35 ILL. ADM. CODE 

PART 240

)

)

)

)

)

)

)

R12-12

(Rulemaking - Air)

Proposed Rule. Proposal for Public Comment.

OPINION AND ORDER OF THE BOARD (by J.A. Burke):

On October 3, 2011, the Illinois Environmental Protection Agency (Agency) filed a 

rulemaking proposal pursuant to Sections 10, 27 (excluding subsection (b)) and 28 of the Illinois 

Environmental Protection Act (Act) (415 ILCS 5/10, 27 and 28 (2010)), Sections 102.200 and 

102.202 of Title 35 of the Illinois Administrative Code (35 Ill. Adm. Code 102.200, 102.202 

(2010)) and Section 13C-20(a) of the Vehicle Emissions Inspection Law (VEIL) of 2005 (625 

ILCS 5/13C-20(a) (2010)). The Agency proposes to sunset the steady-state idle and evaporative 

system integrity test standards used in the Illinois enhanced vehicle inspection and maintenance 

program for the Chicago and Metro-East St. Louis nonattainment areas.

The Agency has included in its filing a Statement of Reasons (SR) and a motion for 

waiver of copy requirements (Mot. Waive). See 415 ILCS 5/27(a) (2008), 35 Ill. Adm. Code 

101.500, 102.110, 102.200, 102.402.

For the reasons stated below, the Board accepts the Agency’s rulemaking proposal for 

hearing and grants the Agency’s motion for waiver of copy requirements. The Board directs the 

Clerk to publish the proposal in the Illinois Register as a proposal for public comment.

LEGAL BACKGROUND

Background Statement of Facts

The Agency states that Section 182 of the Clean Air Act (CAA) requires the 

implementation of vehicle inspection and maintenance (I/M) programs in areas not meeting the 

National Ambient Air Quality Standards (NAAQS) for ozone. SR at 3, citing 42 U.S.C. § 7511a 

(2010). The 1977 CAA amendments required vehicle I/M programs in areas with long standing 

air quality problems. SR at 3, citing 57 Fed. Reg. 52950, 52951 (Nov. 5, 1992). The 1990 CAA 

amendments expanded the role of I/M programs as an attainment strategy and mandated the use 

of “basic” or “enhanced” I/M programs, as well as requiring the United States Environmental 

Protection Agency (USEPA) to develop different performance standards for these two programs. 

Id.
2

The Agency states that basic I/M programs are required in “marginal” ozone 

nonattainment areas with existing I/M programs and in “moderate” ozone nonattainment areas. 

SR at 3, citing 42 U.S.C. § 7511a. The Agency further states that enhanced I/M programs are 

required in “serious,” “severe” and “extreme” ozone nonattainment areas with urbanized 

populations of 200,000 or more. Id.

The Agency states that Illinois includes two nonattainment areas: “the Chicago 

metropolitan area which was classified as “severe” under the revoked 1-hour ozone standard and 

is now classified as “moderate” under the 1997 8-hour standard; and the Metro-East St. Louis are 

which was redesignated to attainment of the 1-hour standard and is now classified as “moderate”

nonattainment for ozone under the 1997 8-hour standard.” SR at 3, citing 40 C.F.R. § 81.314

(2010). The Agency notes that, although enhanced I/M was not required in the Metro-East St. 

Louis nonattainment area, Illinois opted to implement there as an element of its strategy to attain 

the ozone standard. SR at 3-4.

The Agency states that the “USEPA I/M 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.” SR at 4, citing 57 Fed. Reg. at 52951. The USEPA further requires certain design 

elements to be a part of any enhanced I/M program, but allows states to vary certain design 

elements and program inputs as long as the plan achieves the same or greater reductions in 

emissions than those required by the USEPA’s applicable performance standard. SR at 4, citing 

57 Fed. Reg. at 52953. The Agency states that the enhanced performance standard requires the 

following program elements: (1) network type, (2) required start date, (3) annual test frequency, 

(4) model year coverage, (5) vehicle type coverage, (6) exhaust emission test type, (7) emission 

standards, (8) emission control device inspections, (9) evaporative system function checks, (10) 

stringency or failure rate, (11) waiver rate, (12) compliance rate and (13) evaluation date. SR at 

4, citing 40 C.F.R. § 51.351 (2010). As part of this standard, on-board diagnostic (OBD) I/M 

testing is required for all subject vehicles of model year 1996 and newer. SR at 4, citing 40 

C.F.R. § 51.351(c). The Agency notes that federal regulations allow states to utilize the OBD 

I/M test and test standards instead of the idle exhaust and evaporative tests. SR at 4, citing 40 

C.F.R. § 51.357(a)(12) (2010), 66 Fed. Reg. 18156, 18160 (April 5, 2001). The Agency further 

notes that federal regulations allow states to vary vehicle model year coverage from the 

USEPA’s model program assumptions regarding vehicle model year coverage as long as 

necessary emission reductions are achieved. SR at 4, citing 40 C.F.R. § 51.356 (2010).

The Agency contends that the VEIL requirements were adopted by the Illinois General 

Assembly in 1984 and provided authority for an I/M program in response to federal 

requirements. SR at 4-5, citing 625 ILCS 5/13A (1984). The VEIL of 1995 was adopted by the 

Illinois General Assembly to provide authority for the Agency to implement enhanced I/M. SR 

at 5, citing 625 ILCS 5/13B (1995). The VEIL of 2005, adopted by the Illinois General 

Assembly, made the OBD test the primary I/M test and exempted vehicles of model year 1995 

and older from I/M testing. SR at 5, citing 625 ILCS 5/13C (2006). The VEIL of 2005 also 

maintained the steady-state idle exhaust and evaporative system integrity tests as available 

fallback tests for certain vehicles. Id. The Agency notes that, to implement VEIL, the Board 

adopted emission test standards in 35 Ill. Adm. Code Part 276 and the Board and the Agency 
3

have amended these rules over the years in response to changes in federal I/M requirements. SR 

at 5.

The Agency states that the Illinois General Assembly recently amended the VEIL of 

2005 through P.A. 97-0106. SR at 5, citing Ill. Pub. Act. No. 97-0106 (July 14, 2011) (effective 

Feb. 1, 2012).1 P.A. 97-0106 repeals the steady-state idle and evaporative system integrity 

emissions tests. SR at 5, citing Ill. Pub. Act. No. 97-0106 at § 13C-25(d), (e), (f). The Agency 

notes that these emission tests “were substituted for the OBD test for heavy-duty vehicles not 

required to be equipped with OBD systems meeting federal OBD II specifications and certain 

vehicles that could not receive the OBD test due to their design or with known OBD 

communication or software problems.” SR at 5, citing 625 ILCS 5/13C-25(d) (2010). P.A. 97-

0106 also exempts pre-2007 heavy-duty vehicles with a gross vehicle weight rating (GVWR) 

between 8,501 and 14,000 pounds and any heavy-duty vehicles with a GVWR greater than 

14,000 pounds from the requirement to be tested. SR at 5-6, citing Ill. Pub. Act. No. 97-0106 at 

§ 13C-15(b)(8)(M), (b)(8)(N). The Agency states that, under the VEIL of 2005, these heavyduty vehicles are not all required to be equipped with OBD systems meeting federal OBD II 

specifications and therefore these vehicles are tested using the steady-state idle and evaporative 

system integrity tests. SR at 6. The Agency states that is was necessary to exempt those vehicles 

from the requirement to obtain an emissions test since the Illinois General Assembly eliminated 

the steady-state idle and evaporative system integrity tests as of February 1, 2012. Id.

The Agency notes that P.A. 97-0106 also adds a visual inspection test as a new substitute 

for the OBD test for vehicles that cannot receive the OBD test due to their design or with known 

OBD communication or software problems. SR at 6, citing Ill. Pub. Act. No. 97-0106 at § 13C25(h).

Statutory Authority for Rulemaking

The Agency cites Sections 10(A), 27 (excluding subsection (b)) and 28 as sources of the 

Board’s general authority to adopt air pollution regulations. SR at 2. The Agency notes that this 

proposal “is not being proposed as an identical-in-substance, fast-track, or federally required 

rulemaking.” Id. In addition, the Agency is filing this proposal under the authority of Section 

13C-20(a) of the VEIL of 2005, which states in relevant part that “the Board is required to adopt 

standards necessary for the enhanced inspection and maintenance program within 120 days after 

the [Agency] proposes those standards to the Board[.]” SR at 2. Section 13C-20(a) further states 

that:

... subsection (b) of Section 27 of the Environmental Protection Act and the 

rulemaking provisions of the Illinois Administrative Procedure Act do not apply 

to rules adopted by the Board under this subsection. SR at 2, citing 625 ILCS 

5/13C-20(a).

1 P.A. 97-0106 is available at Illinois General Assembly, State of Illinois, Public Acts, 97th 

General Assembly, located at http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=097-

0106&GA=97.
4

SUMMARY OF AGENCY PROPOSAL

The Agency believes that this rulemaking implements P.A. 97-0106. SR at 6. The 

amendments “include a repeal of the steady-state idle and evaporative system integrity emissions 

tests, exemption of pre-2007 heavy-duty vehicles with a GVWR between 8,501 and 14,000 

pounds and any heavy-duty vehicles with a GVWR greater than 14,000 pounds, and the addition 

of a new visual inspection test.” Id. The Agency notes that the amendments are effective 

February 1, 2012. Id.

The Agency states that, as a result of sunsetting the steady-state idle and evaporative 

integrity test standards used in the Illinois program as of February 1, 2012, the Illinois program 

“will continue to be an OBD program – testing subject vehicles using the OBD test, with the 

exception of a miniscule subset of vehicles that cannot receive the OBD test.” SR at 6-7. These 

vehicles will receive the new visual inspection test. Id. at 7. The Agency states that this new 

visual inspection test will provide motorists with the same flexibility they were allowed to 

receive with the steady-state idle and evaporative system integrity tests where there vehicles 

were unable to receive the OBD test. Id. The visual inspection test standards provide that 

vehicles subject to the test will fail the test of the malfunction indicator lamp (MIL) does not 

illuminate in the key-on/engine off position or continuously illuminates in the key-on/engine off 

position. Id. The Agency states that the visual inspection test and standards are consistent with 

P.A. 97-0106 and are consistent with federal law, making them the most logical substitute for the

OBD test and standards. Id.

The Agency is also proposing amendments to its I/M procedural rules, 25 Ill. Adm. Code 

Part 276, “to implement P.A. 97-0106 and to operate in concert with these proposed 

amendments.” SR at 8. The amendments include the sunset of the steady-state idle and 

evaporative system integrity test procedures and related requirements, and new visual inspection 

test procedures. Id. The rulemaking also proposes that compliance with the visual inspection 

test standards must be determined based on a visual examination of the MIL using the visual 

inspection test procedures adopted by the Agency in Part 276. Id.

MOTION FOR WAIVER OF COPY REQUIREMENTS

The Agency moves that the Board waive the requirement that the Agency submit an 

original and nine copies of the regulatory proposal including all documents relied upon, and 

waive the requirement that the Agency provide copies of certain documents relied upon, pursuant 

to 35 Ill. Adm. Code 101.500, 102.110, 102.200 and 102.402. Mot. Waive at 1. The Agency 

lists the following documents that it relied upon when drafting the proposal:

a) Clean Air Act (42 U.S.C. 7401 et seq.)

b) Ill. Pub. Act. No. 97-0106 (July 14, 2011) (effective Feb. 1, 2012)

c) 40 C.F.R. § 85.2222 (2010)
5

d) “Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection 

and Maintenance Program,” United States Environmental Protection Agency, Air 

and Radiation, June 2001.

e) “Reinventing the Illinois I/M Program, 2005 Clean Air Conference,” James 

Matheny, Illinois Environmental Protection Agency, Page 18, September 2005.

f) “VOC Reduction (TPD) in the Chicago NAA from Existing and Proposed I/M 

Programs, 2012-2020,” Sam Long, Illinois Environmental Protection Agency, 

January 11, 2011.

g) “VOC Reduction (TPD) in the Metro-East + Jersey NAA from Existing and 

Proposed I/M Programs, 2012-2020,” Sam Long, Illinois Environmental 

Protection Agency, January 11, 2011. Mot. Waive at 1-2.

The Agency states that items (a) through (c) are “readily accessible to or are within the 

possession of the Board.” Mot. Waive at 2. The Agency moves “that the Board waive the 

requirements that the [Agency] provide copies of such documents” given the ease of accessibility 

of these documents. Id.

The Agency further moves that, “given the length of the remainder of the proposal and 

the resources required to provide nine copies,” the Board waive the normal copy requirements 

and allow the Agency to file the original and four complete copies of such documents. Mot. 

Waive at 2.

DISCUSSION

Rulemaking Proposal

The Board finds that the Agency’s rulemaking proposal meets the content requirements 

of the Board’s procedural rules and accepts the petition for hearing. See 35 Ill. Adm. Code 

102.202.

Motion for Waiver of Copy Requirements

Section 101.500(d) of the Board’s procedural rules provides in pertinent part that, 

“[w]ithin 14 days after service of a motion, a party may file a response to the motion. . . . Unless 

undue delay or material prejudice would result, neither the Board nor the hearing officer will

grant any motion before expiration of the 14 day response period. . . . “ 35 Ill. Adm. Code 

101.500(d). Because the Board is required to adopt rules within 120 days of receiving the 

Agency’s proposal on October 3, 2011 and in the absence to date of any opposition to the 

Agency’s motion, the Board concludes that undue delay would result from allowing the 14-day 

response period to run. The Board has reviewed the substance of the motion, grants the motion 

and waives copy requirements as requested by the Agency.
6

Board Procedure

Because Section 13C-20(a) of the VEIL of 2005 (625 ILCS 5/13C-20(a)(2010)) requires 

the Board to adopt rules within 120 days of receiving the Agency’s proposal, the Board will 

submit the proposal to publication in the Illinois Register as a proposal for public comment

without commenting on its substantive merits. The assigned hearing officer will establish a 

deadline for filing public comments.

Under Section 28 of the Act (415 ILCS 5/28 (2010)), the Board will hold at least two

hearings on the proposal. The assigned hearing officer will establish dates and locations for the 

hearings. After considering the issues raised at the hearings and in public comments, the Board 

will issue a final opinion and order and publish adopted rules in the Illinois Register.

Under Section 13C-20(a) of the VEIL of 2005 (625 ILCS 5/13C-20(a) (2010)), Section 

27(b) of the Act (415 ICLS 5/27(b) (2010)) and the rulemaking provisions of the Administrative 

Procedure Act (5 ILCS 100/1-1 et seq. (2010)) “do not apply to rules adopted by the Board under 

this subsection.” 625 ILCS 5/13C-20(a) (2010). Accordingly, the Board will not request that the 

Department of Commerce and Economic Opportunity conduct an economic impact study of this 

rulemaking proposal. The Board will also not submit the proposal to first or second notice 

pursuant to Section 5-40 of the Administrative Procedure Act. (5 ILCS 100/5-40 (2010)). The 

Board will, however conduct hearings and solicit comment as described above. See generally

Enhanced Vehicle Inspection and Maintenance (I/M) Regulations: Amendment to 35 Ill. Adm. 

Code 240, R01-12 (Aug. 24, 2000) (accepting Agency proposal for hearing under repealed 

Section 13B).

CONCLUSION

For the reasons stated above, the Board accepts the Agency’s rulemaking for hearing and 

grants the Agency’s motion for waiver of copy requirements. The Board directs the Clerk to 

provide publication of the proposal in the Illinois Register as a proposal for public comment.

Finally, the Board directs its hearing officer to take any necessary steps to avoid delay in 

completing the record so that the Board may meet its 120-day deadline for adopting rules.

ORDER

The Board directs the Clerk to provide publication of the following proposal in the 

Illinois Register as a proposal for public comment.

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
7

SUBPART A: DEFINITIONS AND GENERAL PROVISIONS

Section

240.101 Preamble

240.102 Definitions

240.103 Prohibitions

240.104 Inspection

240.105 Penalties

240.106 Determination of Violation

240.107 Incorporations by Reference

SUBPART B: EMISSIONS

Section

240.121 Smoke Emissions

240.122 Diesel Engine Emissions Standards for Locomotives

240.123 Liquid Petroleum Gas Fuel Systems

240.124 Vehicle Exhaust Emission Standards (Repealed)

240.125 Compliance Determination (Repealed)

SUBPART C: SMOKE OPACITY STANDARDS AND TEST PROCEDURES FOR DIESELPOWERED HEAVY DUTY VEHICLES

Section

240.140 Applicability

240.141 Smoke Opacity Standards and Test Procedures for Diesel-Powered Heavy 

Duty Vehicles

SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS

Section

240.151 Applicability

240.152 Steady-State Idle Mode Vehicle Exhaust Emission Standards

240.153 Compliance Determination

SUBPART E: TRANSIENT LOADED MODE TEST EMISSION STANDARDS

Section

240.161 Applicability (Repealed)

240.162 Vehicle Exhaust Emission Start-Up Standards (Repealed)

240.163 Vehicle Exhaust Emission Final Standards (Repealed)

240.164

240.165

Vehicle Exhaust Emission Fast-Pass Standards (Repealed)

Compliance Determination (Repealed)

SUBPART F: EVAPORATIVE TEST STANDARDS
8

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

Section

240.181 Applicability

240.182 On-Road Remote Sensing Emission Standards

240.183 Compliance Determination

SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS

Section

240.191 Applicability

240.192 On-Board Diagnostic Test Standards

240.193 Compliance Determination

SUBPART I: VISUAL INSPECTION TEST STANDARDS

Section

240.201 Applicability

2401.202 Visual Inspection Test Standards

240.203 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 (Repealed)

240.TABLE B Vehicle Exhaust Emission Final Standards (Repealed)

240.TABLE CVehicle Exhaust Emission Fast-Pass Standards (Repealed)

AUTHORITY: Implementing Sections 9 and 10 and authorized by Sections 27 and 28 of the 

Environmental Protection Act [415 ILCS 5/9, 10, 27, and 28] and Section 13C-20 of the Vehicle 

Emissions Inspection Law of 2005 [625 ILCS 5/13C-20.

SOURCE: Adopted as Chapter 2: Air Pollution, Part VII: Mobile Sources, filed and effective 

April 14, 1972; codified at 7 Ill. Reg. 13628; amended in R85-25, at 10 Ill. Reg. 11277, effective 

June 16, 1986; amended in R90-20 at 16 Ill. Reg. 6184, effective April 7, 1992; amended in R94-

20 at 18 Ill. Reg. 18013, effective December 12, 1994; amended in R94-19 at 18 Ill. Reg. 18228, 

effective December 20, 1994; amended in R98-24 at 22 Ill. Reg. 13723, effective July 13, 1998; 

expedited correction at 22 Ill. Reg. 21120, effective July 13, 1998; amended in R01-12 at 24 Ill. 

Reg. 19188, effective December 18, 2000; amended in R01-8 at 25 Ill. Reg. 3680, effective 

February 26, 2001; amended in R02-8 at 25 Ill. Reg. 16379, effective December 18, 2001; 
9

amended in R11-19 at 35 Ill. Reg. 5552, effective March 18, 2011; amended in R12-12 at 36 Ill. 

Reg. _____, effective ______.

BOARD NOTE: This Part implements the Environmental Protection Act as of July 1, 1994.

NOTE: Capitalization denotes statutory language.

SUBPART A: DEFINTIONS AND GENERAL PROVISIONS

Section 240.102 Definitions

All terms that appear in this Part have the definitions specified in this Section, the Vehicle 

Emissions Inspection Law of 2005 [625 ILCS 5/13C], and 35 Ill. Adm. Code 201 and 211. 

When conflicting definitions occur between this Section and 35 Ill. Adm. Code 201 or 211, the 

definitions of this Section apply in this Part.

“Agency” means the Illinois Environmental Protection Agency.

“Diesel engine” means all types of internal-combustion engines in which air is 

compressed to a temperature sufficiently high to ignite fuel injected directly into 

the cylinder area.

“Diesel locomotive” means a diesel engine vehicle designed to move cars on a 

railway.

“Evaporative system integrity test” means a test of a vehicle’s evaporative 

system. The test shall either consist of a leak check of a vehicle’s fuel cap with a 

fuel cap pressure decay tester (fuel cap pressure decay test), a fuel cap leak flow 

tester (fuel cap leak flow test), or a visual functional check, as applicable.

“Fuel cap” means a device used to seal a vehicle’s fuel inlet.

“Fuel cap leak flow test” means a test which may be performed in accordance

with this Part on a vehicle’s fuel cap using a fuel cap leak flow tester to determine 

whether the vehicle complies with the evaporative system emission standards of 

this Part.

“Fuel cap leak flow tester” means a device used to determine the leak flow 

integrity of a vehicle’s fuel cap by comparing the measured leak flow of the fuel 

cap with an established fuel cap leak flow standard.

“Fuel cap pressure decay test” means the test performed in accordance with this 

Part on a vehicle’s fuel cap using a fuel cap pressure decay tester to determine 

whether the vehicle complies with the evaporative system emission standards of 

this Part.
10

“Fuel cap pressure decay tester” means a device used to determine the pressure 

decay integrity of a vehicle’s fuel cap by monitoring the pressure behind the fuel 

cap for a ten second period and comparing the measured pressure decay of the 

fuel cap to an established fuel cap pressure decay standard. 

“Fuel cap visual functional test” means the test performed in accordance with this 

Part on a vehicle’s fuel cap using visual analysis to determine whether the vehicle 

complies with the evaporative system emission standards of this Part. 

“Gross vehicle weight rating (GVWR)” means the value specified by the 

manufacturer as the maximum design loaded weight of a single vehicle.

“Heavy duty vehicle” means any motor vehicle rated at more than 8500 pounds 

GVWR or that has a vehicle curb weight of more than 6000 pounds or that has a 

basic vehicle frontal area in excess of 45 square feet.

“High idle” means a vehicle operating condition with engine disconnected from 

an external load (placed in either neutral or park) and operating at speed of 2500 

+ 300 RPM.

“Idle mode” means that portion of a vehicle emission test procedure conducted 

with the engine disconnected from an external load and operating at minimum 

throttle.

“Initial idle mode” means the first of up to two idle mode sampling periods 

during a steady-state idle mode test, during which exhaust emission 

measurements are made with the vehicle in “as-received” condition.

“Light duty truck 1” means a motor vehicle rated at 6000 pounds maximum 

GVWR or less and which has a vehicle frontal area of 45 square feet or less, and 

which is designed primarily for purposes of transportation of property or is a 

derivation of such a vehicle, or is designed primarily for transportation of persons 

and has a capacity of more than 12 persons, or is available with special features 

enabling off-street or off-highway operation and use.

“Light duty truck 2” means a motor vehicle rated between 6001 and 8500 pounds 

maximum GVWR and which has a vehicle frontal area of 45 square feet or less, 

and which is designed primarily for purposes of transportation of property or is a 

derivation of such a vehicle, or is designed primarily for transportation of persons 

and has a capacity of more than 12 persons, or is available with special features 

enabling off-street or off-highway operation and use.

“Light duty vehicle” means a passenger car or passenger car derivative capable of 

seating 12 passengers or fewer. 

“Measured values” means five-second running averages of exhaust emission 
11

concentrations sampled at a minimum rate of twice per second.

“Model year” means the year of manufacture of a motor vehicle based upon the 

annual production period as designated by the manufacturer and indicated on the 

title and registration of the vehicle. If the manufacturer does not designate a 

production period for the vehicle, then "model year" means the calendar year of 

manufacture.

“Motor vehicle” as used in this Part, shall have the same meaning as in Section 1-

146 of the Illinois Vehicle Code [625 ILCS 5/1-146].

“Opacity” means the percentage of light transmitted from a source that is 

prevented from reaching a light detector. 

“Preconditioning mode” means a period of steady-state high-idle operation 

conducted to ensure that the engine and emissions control system components are 

operating at normal operating temperatures, thus minimizing false failures caused 

by improper or insufficient warm-up.

“Second-chance idle mode” means the second of two idle mode sampling periods 

during a steady-state idle mode test, preceded by a preconditioning mode and 

utilized as a second chance to pass idle exhaust emission standards immediately 

following an initial idle mode failure.

“Snap-acceleration test” means a test to measure exhaust smoke opacity from 

heavy-duty diesel powered vehicles in accordance with the SAE J1667 procedure, 

incorporated by reference at Section 240.107 of this Subpart.

“Steady-state idle test” means a vehicle emission test procedure consisting of an 

initial idle mode measurement of exhaust emissions followed, if necessary, by a 

loaded or high idle preconditioning mode and a second-chance idle mode.

“Vehicle curb weight” means the actual vehicle weight plus standard equipment 

and a full fuel tank.

“Visual inspection test” means a visual examination of a vehicle’s malfunction 

indicator lamp (MIL) consisting of verifying the status of the MIL in the keyon/engine off position followed by verifying the status of the MIL in the keyon/engine on position to determine the status of the MIL and existence of an 

emission related malfunction with the vehicle.

(Source: Amended at 36 Ill. Reg.______, effective _______)

Section 240.104 Inspection
12

a) All motor vehicles subject to inspection pursuant to Section 13C-15 of the 

Vehicle Emissions Inspection Law of 2005 [625 ILCS 5/13C-15] shall comply 

with applicable vehicle emission standards contained in Sections 240.152, 

240.172, 240.182, and 240.192, and 240.202 of this Part.

b) All diesel-powered vehicles subject to inspection pursuant to Section 13-109.1 of 

the Illinois Vehicle Code [625 ILCS 5/13-109.1] must comply with applicable 

smoke opacity standards set forth in Section 240.141(a) of this Part.

(Source: Amended at 36 Ill. Reg.______, effective ________)

Section 240.105 Penalties

a) Any violations of Sections 240.103, 240.121, 240.122, or 240.123 of this Part

shall be subject to the penalties as set forth in Section 42 of the Act [415 ILCS 

5/42].

b) Any violations of Sections 240.104(b), 240.152, 240.172, 240.182, or 240.192, or 

240.202 of this Part, as applicable, shall be subject to the penalties as set forth in 

Sections 13C-55 and 13C-60 of the Vehicle Emissions Inspection Law [625 ILCS 

5/13C-55 and 13C-60].

c) Any violation of Section 240.141(a) of this Part will be subject to penalties as set 

forth in Section 13-109.1 of the Illinois Vehicle Code [625 ILCS 5/13-109.1].

(Source: Amended at 36 Ill. Reg._______, effective _______)

Section 240.106 Determination of Violation

a) Any violations of Sections 240.103, 240.121, 240.122, or 240.123 of this Part 

shall be determined by visual observation or by a test procedure employing an 

opacity measurement system as qualified by 35 Ill. Adm. Code 201, Subpart J.

b) Any violations of Sections 240.152, 240.172, 240.182, or 240.192, or 240.202 of

this Part, as applicable, shall be determined in accordance with test procedures 

adopted by the Agency in 35 Ill. Adm. Code 276.

c) Any violation of Section 240.141(a) of this Part will be determined in accordance 

with test procedures set forth in Section 240.141(b) of this Part.

(Source: Amended at 36 Ill. Reg._______, effective _______)

SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS

Section 240.151 Applicability
13

This Subpart is effective through January 31, 2012. The standards of this Subpart apply to those 

vehicles identified in subsection 13C-25(d) of the Vehicle Emissions Inspection Law of 2005.

(Source: Amended at 36 Ill. Reg._______, effective _______)

SUBPART F: EVAPORATIVE TEST STANDARDS

Section 240.171 Applicability

This Subpart is effective through January 31, 2012. The standards of this Subpart apply to those 

vehicles identified in subsection 13C-25(d) of the Vehicle Emissions Inspection Law of 2005

(Source: Amended at 36 Ill. Reg._______, effective ________)

SUBPART I: VISUAL INSPECTION TEST STANDARDS

Section 240.201 Applicability

This Subpart is applicable beginning February 1, 2012. The standards of this Subpart apply to 

those vehicles tested pursuant to subsection 13C-25(h) of the Vehicle Emissions Inspection Law 

of 2005.

(Source: Added at 36 Ill. Reg._______, effective ________)

Section 240.202 Visual Inspection Test Standards

Vehicles subject to visual inspection testing shall fail the visual inspection test if the MIL does 

not illuminate in the key-on/engine off position or continuously illuminates in the key-on/engine 

on position.

(Source: Added at 36 Ill. Reg.______, effective ________)

Section 240.203 Compliance Determination

Compliance shall be determined based upon a visual examination of the MIL using the visual 

inspection test procedures adopted by the Agency in 35 Ill. Adm. Code 276.

(Source: Added at 36 Ill. Reg.______, effective ________)
14

IT IS SO ORDERED.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that 

the Board adopted the above opinion and order on October 6, 2011, by a vote of 5-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board