# Attachment 48
Hearing Officer Order, Continuing Hearings dated February 3, 2011ILLINOIS 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 Poll ution Control Board , take' n by Steven Brickey, CSR, for the State of Ill inois, 100 West Randolph Street, Chicago, Illinois, on the 3rd day of February, 2011, commencing at the hour of 1:051

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## A P P E A R A N C E S MR. TIM FOX, Hearing Of f icer MS. ALISA LIU MR. GARY BLANKENSHIP MS. 

## CARRIE ZALEWSKI MS. 

## ANDREA MOORE Page 2Page 5
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### STATE OF ILLINOIS 

### ( 2 

### ss
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### COUNTY OF COOK

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### I, Steven Brickey, Certified Shorthand

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### Reporter, do hereby certif y that I reported in

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### shorthand the proceedings had at the trial
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### aforesaid, and that the foregoing is a true,

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### complete and correct transcript of the proceedings
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### of said trial as appears from my stenographic

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### notes so taken and transcribed under my personal

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### direction. 

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### Witness 

### my official signature in and for
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### Cook County, Illinois, on this day of

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# Attachment 50
Hearing Officer Order, Hearings dated February 10, 2011ILLINOIS 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 10 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 INSPE CTION AND MAINTENANCE (I/M) REGULATIONS, AMENDMENTS TO 35 ILLINOIS ADMINISTRATIVE CODE PART 240. No. 2011-109



### rECE~VED CL ERK'S 

### OFFICE



## tEe· :1 -4 · 2011 STATE OF 

### IWNOIS Pollution Control 

### Board

TRANSCRIPT FROM THE PROC EEDINGS taken before the HEARING OFFICER TIMOTHY FOX by LOR I

**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 Con trol 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 Str eet Suite 11-500 Chicago, Illinois 60601 (312) 814-3461 Page 2



## BY: MR. TIMOTHY FOX, HEARING OFFICER 5

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## BOARD MEMBERS PRE SENT :
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## Ms. Carrie Zalewski

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## Mr. Anand Rao

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## Ms

. Andrea Moore

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## Mr. Gary Blankenship
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## ILLINO IS ENV IRONMENTAL PROTEC TIO N AGEN CY:
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## Mr

. Kenneth Mohr Mr. Mi chael S. Hills M r. St ephen W. Thorpe

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## ALSO PRESENT :
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## Ms. Carol Per s on, USEPA Mr

. Christopher De m eroukas, USEPA Mr

. Franc is co J. Acevedo , USEPA( \



### ( Page 3
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### I N D E X

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### PAGES

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### Introduction by Hearing Offic er Fox

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- 8

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### Opening by Mr. Mohr

.. . .... . ............. . . 9- 12

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### Closing Remarks by Hearing Officer Fox

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### E X H I B I T S 8 

### Marked Admitted 9
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### Hearing Exhibit No. 1

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24Page 17 l STATE OF ILLINOIS
f \ 2 

### ss.
3 COUNTY OF C 0 0 K
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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 m ea ns 10 of machine shorthand the proceedings held in the

1.1 foregoing cause, and that the foregoing is a tru e
12 and co r rect transcript of my shorthand notes so
13 taken as aforesaid.
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17 Lori Ann Asauskas, CSR, RPR.
18 Notary Public, Cook County, Il linois
19
20 SUBSCRIBED AND SWORN TO befor e me this day 21 of , A.D., 2011

. 22
23 N o 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 '
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### 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 24 2011 STATE OF I LUNOJS Po llu tion 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, Edwardsvi lle, Illinois, before TIMOTHY FOX, duly appoi nted Hearing Officer.

L

. A. REPORTING SERVICE (3 1 2)419

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. PATKES , CSR #084-001340

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# Attachment 54
Agency Post-Hearing Comments dated March 3, 2011BEFORE 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, Illinoi s 60601 Springfield, IL 62702-1271

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Pollution Control Board the POST-HEARING COMME NTS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGEN C Y , a copy o f which is herewith s erved upon you.

DATED: March 3 , 2011


### 1

0 2 1 N . Grand Avenue E ast P.O. Box 19276 Springfie ld , Illinoi s 627 9 4

- 9276 (2 1 7) 782-5544 (217) 7 82

- 914 3 (TDD) Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENC Y

# By~~ iZ'entE. Mohr Jr. As s i stant C ouns e l Division of Legal Cm.mselBEFORE 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 s crivener's error made by the Joint Committee on Administrative Rules ("JCAR"). The Illinois EPA filed this rulemaking on December 8, 2010.
As part ofthat 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
D e cember 27 , 2010, the Illinois Secr etary of State ' s Office ("SOS " ) submitted a let ter 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 5 1 Notice version of the propos e d rule to the B o ard. A s the
Illinois EPA stated at the February 10, 2011, hearing, JCAR's 1st Notice version of the proposed
rule mi st akenly 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. Re g . 129 (J anuary 3 , 2011)) doe s c ontain this scrivener ' s error. However, the v ersion of theproposed 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, Illinoi s 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 CounselSTATE 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]cb. 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 Code 1

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 tovary 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 Agencyemphasizes that variousauthorities 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 notedthat 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 DeterminationExisting 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 2005 1995 [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 enginevehicle 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 2005 1995 [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
S ection 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 2005 1995 and identified in Subsections 13 CB

- 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

1996 19 81 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 1996 19 81 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 1996 19 81 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 te sted 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 in spected 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 Phas e 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 te st 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 f ull cycle fast

pass 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 emission s 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 2005 The standards of Section 240.172 of this Subpart shall apply to all model year 1968 and newer vehicles required at the time of manuf acture 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 2005 which are inspected utilizing the on

road 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 newer 199 2+ 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 2005 all 1996 and newer model year light duty vehicles, light duty trucks 1, and light duty trucks 2 that are required to meet the standards contained in 40 CFR § 86.094

- 17 and which are inspected utilizing the on

-board diagnostic test procedures contained in 35 Ill. Adm. Code 276.209

. Vehicles that receive a result of fail do not thereby fail their emissions test until January 1, 2002. (Source: Amended at 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 1 984

- 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 2.27 1 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 17 8 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 1.25 1 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 1.522 0 .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 16.9 62 231 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 0.7 13 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 fast

pass 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 0.5 43 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 4.5 26 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 1.04 1 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 1.13 4 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 1 39 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 1.30 3 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 17.622 4 .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 0.385 25.798 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 1.84 3 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 2.288 0 .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 21.8 10 218 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

5 8 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 2.64 1 128 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 20.4 60 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 17.532 174 2 .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 45.75 3 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 3.1 36 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 3 1.820 212 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 62756ILLINOIS 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 Boa rd 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 ofAmendments: 

### 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 Statemen t of Objections to these amendments? No. 11) Differences between proposal and final version:
In proceeding from its original proposal for public commen t 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.usILLINOIS REG I STER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS Copies of the Board's opinions and orders may be requested from the C l erk of the Board at the address listed in # 8 above or by ca ll ing 312 / 814-3620. Please refer to the docket number R11-19 in your request. The Board order is also avai l able from the Board's Web site (www.ipcb.state.il.us).
The fu ll 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 ofJuly 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 2 11, 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 te st of a vehicle's evaporative system. The test sha ll either consist of a leak check of a vehicle's fuel cap with aILLINOIS 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 2500ILLINOIS REGISTER
POLLUTIO N 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 2 40 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 firs t 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 ofproperty or is a derivation of such a vehicle, or is designed primarily for transportation ofpersons 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 ofproperty 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 feature s 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.
"Precond itioning 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 neces sary, by a loaded or-high idle preconditioning mode and a second-chance id le mode.
"Trans ient 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 equipmentILLINOIS 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 v iolation 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 thi s 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 em i ssions 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 IM240ILLINOIS 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 th e 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
POLLUTION CONTROL BOARD
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 Technica l Guidance" incorporated by reference at Section 240.1 07(c) ofthis Part. (Source: Repealed at 35 Ill. Reg.

_ __ , effective

__ ___, SUBPART F: EVAPORATIVE TEST STANDARDS 

### S ection 24 0.171 Ap pli cab ility
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 STANDARDSILLINOIS REG I STER
POLLUTION CONTROL BOARD
NOTICE OF ADOPTED AMENDMENTS 

### Section 240 .1 81 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 D I AGNOSTIC TEST STANDARDS 

### Sect i on 24 0. 191 A p plicability
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) f47 4 (> 

### 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 EgpmjILLINOIS 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** **~** ReservedILLINOIS 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 6**L:F'~'5Zj** !.E 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 

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Section 240.TABLE C Vehicle Exhaust Emission Fast
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### (Source: Repealed at 35 Ill. Reg. _, effective___)

# Attachment 57
JCAR Certification of No Objection to Rulemaking dated April 12, 2011CO-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 14 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.

# :::r:~f~ Co-Chairman

# 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-

## ~~ (Rulemafd ng - Air)

TABLE OF CONTENTS 

## . UL; (, ;**~";;** STATE 

### OF IWHO I S Pollutio n 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



# .. · · -- · ..... Appearance of Kent E. 

### Mohr Jr., 

### Assistant Counsel, for the Illinois Environmental -.. 

### 3. 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 Ame ndments To The Vehicle Emissions Inspection Law Of 2 005 (625 ILCS 511 3C), 

### Illinois Environmental Protection Agency, September 2011.


### lL Documents Relied On:
Clean Air Act (42 U.S.C. 7401 et. s eq.)


### 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. D i sk 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 )

# R12-**~** (Rule 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 Divis io n 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- '(). 

### (Rulem aking

- Air) 

## _ Ut-• 

# u J ,uii STATE OF 

### tLUNOIS Pollution Control Board



### APPEARANCE
The und ersigned 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, Illino i s 62794-9276 (217) 782-5544 (217) 782-9143 (TDD)

### 1 

# L
.2 

# n iGINAL

\ " 

### 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**,~._** 

### Rl 2 

# /i STATE 

### OF IUJNOIS (R 

### 1 - 

### ki A' f olluti Q n Control 

### Board u em a ng - 1r ·**~**

1 

# L ;. • , q

iGJN.



# ...**~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 111 inois 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 Ihe Chicago NAAfrom Existing and Proposed JIM



### .frograms, 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 move s 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

. :. 

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. ILLINOIS ENVIRONMENTAL PROTECTION

# AGENCY**~** '· , 

# t'AJ4l PROPOSAL OF REGULATIONS

. . ,.,. The Illinois En v ironmental 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 D irector

### 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 

### supp ort 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 a ki ng- 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 rul emaking 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 defi nition 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.»

2625 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 10). 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)



### 5between 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



### 9analysis, 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. 

### Id. 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 USEPA.
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 Counsel1) 2) 3) 

### ILLINOIS REGI STER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS Heading of the Part: Mobile Sources
Code Citation: 35 Il l. Adm. Code 240 Section Numbers: Progosed Action:
240.102 Amendment 240.104 Amendment 240.105 Amendme nt 240.106 Amendment 240 .1 5 1 Amendment 240.17 1 Amendment 240.201 New 240.202 New 240.203 New 

# u -**~I** 4# 

## J**~~41** S7ATEo Pollution

## c~~fUN

# 1 0/S ro Board



# .. 

# L Di 1fGJNIU

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 Environmenta l Protection Act [415 ILCS 5/ 10,27, and 28]. 5) A Complete Description of the Subjects and Issues Involved: This proposa l 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 amen ds the VEIL of 2005 by repealing the steady-state idle exhaust and evaporative system integr ity emissions inspection tests. These inspection tests were substituted for the on-board diagnostic (OBD) test for heavy-duty vehic l es 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 a ll required to be equipped with OBD systems meeting federal OBD II specifications. A l so, P.A. 97-0106 adds a visual inspection test as a new substitute for the OB D test for vehic1es that cannot receive the OBD test due to the ir design or with known OBD communica tio n or software problems. P.A. 97-0106 makes other rel atively 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 areILLINOIS REGI STER
POLLUTION CONTROL BOARD
NOTICE OF PROPO SED AMENDMENTS

. •**~ffectrve** beginning F ebruary 1 , 20 1 2, and add a definition of "visual in specti on test."



## .**f\q~zy, ,**  m·& f prpppsed amendments make other minor changes consistent with the addition

· ' • \"'(>f.

- the

. n ew · v r su· ai in spection test stand ards. The Illinois Pollution Control Board (Board) is required by the VEIL of 2005 to adopt thi s proposal within 120 d ays after filing by the Illinois Environmenta l Protection A gency (Illinois EPA) [625 ILCS 5/13C-20]. 6) Published studies or reports, and so urce s of underlying data

. used to co mpo se this**~u emaking:**  '{he Illinois EPA re lied on various sources to compo se thi s 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) (ef fec t iv e Feb. 1 , 2 01 2)
3

. 40 C.F.R. 

### § 85.2222 (2010)


### 4. Performing Onboard Diagnostic System Checks a s Part of a Vehicle Inspection and Maintenance Program, U nited States Environmental Protection Agency, Air and Radiation, J une 200 1.
5. 

### Reinventing the Illinois UM Pr ogram , 2005 Clean Air Conference, James Matheny, illi nois Environmental Protection Age n cy , Page 18 , September 2005.
6. 

### VOC R edu ction (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 , 20 1 2-2020, Sam Lo n g , Illinois Environmental Protection Agency, January 11 , 20 11. 7) Will this proposed amendment replace an e m er gency rule currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Doe s 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 Poli cy 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
N OTICE OF PROPOSED AMENDMENTS


### TITL E 3 5: EN VIRON MEN T AL PROT ECT IO N SUB T I T LE B: A IR POLL U TIO N CHA PT ER I: PO L LUTIO N C ONTROL BO ARD 

## -

## u~; &I J

## '~•• STATE OF ILUHOtS 

### Pollution

### Contr~**t** Board SUB C HA PTER k: 

### EMISSIO N S T ANDARD S AND LIMIT ATIO N S F OR M OBILE SOUR CES

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 

### P ART 2 4 0 MOBILE SO URCE S
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 VehiclesILLINOIS 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 .1 73 Applicability (Repealed) Vehicle Exhaust Emission Start-Up Standards (Repealed) Vehicle Exhaust Emission F inal 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 Diagno stic 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. 11 277, 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 Environmenta l Protect i on 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 (fue l 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 PRO P OSED AMENDMEN TS
and which is designed pr imarily 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].
"O pacity " 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 insuffic ient warm-up. "Second-chance idle mode " means the second of two idle mod e sampling periods during a steady-state idle mode test, preceded by a preconditioning mode and utili zed 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 theILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOT I CE 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 Illi nois 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) A n y violation of Section 240.141(a) of this Part will be determined in acco rdance with test procedures set forth in Section 240. 1 4l(b) of this Part. (Source: Amended at 36 Il l. Reg.

______ , effective

______ _, 

### SUBPART D: ST E ADY- S T A TE IDLE M ODE TEST EMI SS IO N STANDARD S
Secti on 2 40.1 5 1 A pplicability
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: E V APORAT I VE T ES T S TAN DARD S
Sec ti on 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**-- ----** **---- ~** **---- --------~**  

### SUBPAR T 1 : VISU AL IN SPEC TION T ES T S T ANDARD S
Section 240.20 I 

### App licability
This Subpart is applicab le beginning February 1, 20 12. The standards of this Subpart apply to those vehicles tested p ursuant to subsection l3C-25(h) of the V ehicle Emissions Inspection Law of 2005. (Source: Added at 36 Ill. Reg.

_________**~** 

### effect ive

________ ....; Section 240.202 Visual Inspection Test S tanda rds
Vehic les subj ect to visual inspection testing shall fail the visual inspection test if the MIL does not i ll umin ate 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 D etermination Compliance shall be determined based upon a visual examination of the MIL using the visual inspection test procedures adopted by th e 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 ILUNO IS Po llu t ion Control Boa r d 

## 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 (Age n cy) i s proposing to revise the

. :**VfH~cf e** **:r(Ji~~~~P.? .**  

### test standards**conta~ne~** 

### in 35_ 

### IlL Ad m .**~ode ~art**  

### 240. These revisions

· are ilie;**r~s1,1~t** 

### . Qfamendments to the Ill m01s 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 I LCS 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 vehic les with gross vehicle we ight 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 possib le due to the vehicle ' s design (vehicles identified in Section 13C-25(h) of the VEI L OF 2005)

. . These. proposed revisions to the emissions test standards reflect the appl icable statutory changes listed above.

D EFINIT IO NS


### The definition for "visual inspection tes t " was added to provide a description of this new test.

E LI M INAT ION OF ST EADY-S TATE IDL E MOD E E XHAU ST AND E VA PORATIVE 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 rulemaki n g 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 sho wing 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 conduc ted in Illino i s is expecte d 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 l aw or regulations where the OBD test is utilized, and that the cost was s ignificantly 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 E mi ssion Standards) and Subpart F (Evaporative Test Standards) contained in 35 Ill. Adm. Code 240, beginning February 1 , 2012.
EXEMPTIO N O F HEAVY

- D UT Y 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 requi red 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 ,50 1 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 projection s show no emission reduction benefits, diminishing numbers, and significant long-term costs for continued testing of these vehicles. Also, federal regulations all ow 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 

### Therefo re, the Agency could no longer justify the added expense of testing vehicles that provide no emi ssions reduction benefits.

ADDITION O F VI SUAL I NSPECTI ON T ES T S T ANDARD S (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 technicall y feas ibl e. The addition of the vi sual 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. 1 5 1 Applicabi lity 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 Protect ion Agency, " Reinventing the Illinois 11M Program," Page 1 8, 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+ Jer sey NAA from Existing and Proposed 

### liM Programs, 2012- 2010," Sam Long, ProposediMBenefits_Sam.xlsx, January 11,2011.

5

# &EPA U n it ed States E nvironmenta l Protection Agency Air and Radiation EPA420-R-01-0 1 5 June 2001 

# Performing On board**~: ~~·~r.F~** **.** 

# Diagnostic System u4-;

# 4JJ,~•• 

# Checks as Part of a**P~Tu~~g~,:~~~~s** UU(;'lr d 

# Vehicle Inspection and Maintenance Program

-r·

# Dt?**IGfNAt**

@ Printed on Recycled PaperEPA420-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 orpositions. 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 afinal EPA decision, position, or regulatOJy action

.

### Performing Onboard Diagnostic System C h ec k s as Part of a Vehicle In sp ec tion and Maintenance Program
June 2001
Introduction
The Clean Air Act as amended in 1990 (CAA) requires th e Environmental Protection Agency (EPA) to set guide lines for s tates to follow in designing and running vehi cle inspection and maintenance (liM) programs. As we ll as distinguishing between basic and enhanced 11M programs, these guidel ines must clarify how s tates 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 Onboard 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 1 992 rule, with the understanding that these reserved sections would be amended at some future date. Although the federal requirement to in corporate OBD into new vehicles began with the 1994 model year (MY), manufacturers were allow ed to requ est waivers on vehic les for MY 1994-95, so full compliance was not required on all light-duty cars and trucks sold in thi s country until MY 1996. On August 6, 1996, EPA published amendments to the 1992 liM rule establishing OBD-1/M requ irements for 11M performance s tandards and 11M State Implementation P lans (SIPs). The 1996 amendments also sp ecified data collection, analysis, and summary reporting requirements for the OBD-1/M testing element; established OBD test equipment requiremen ts and the OBD test result reporting format; and identified those conditions that would result in an OBD-1/M pass, failure, or r ejection. Lastly, the August 6, 1996 amendments revised 40 C FR part 85, subpart W to establish OBD-1/M as an official performance warranty short test under section 207 (b) of the Act.
At t he time the original OBD-1/M requirements were established, i t 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. Therefor e, in 1998, EPA further amended its OBD-1/M requiremen ts 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 e leme nt and to give states time to pr epare for implementation. 

### In conducting its evaluation ofOB D , however, EPA found that identifyin g and r ecruiting OBD-equipped vehicles in need of repair proved more difficult and time-con sumin g than originally anticipated. As a result , EPA has only recently completed the assessment ofOBD-1/M effectiveness and implementation issues referenced in thi s guidance.

2During the course of this evaluation, however, it became clear that certa in regulatory changes were needed to ensure the smooth implementation ofOBD-I/M testing by t he 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 requ irements 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 r equirements: 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 simpli fy the current list of Diagnostic Trouble Codes (DTCs) that constitute the OBD-TIM failure criter ia 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 c ited regulatory revisions, EPA believes it is important to respond to states' requests to provide additional guidance on how t o successfully implement OBD-TIM testing in an TIM program. EPA is therefore issuing this guidance at this time in resp onse 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
Th is guidance incorporates several key recommendations made to EPA by the OBD Workgroup, which is part ofthe Mobile Source Technical Rev iew Committee, established under the F edera l Advisory Committee Act (FACA). This guidance was also developed by drawing from t h e experiences of several states that are currently performing some form of OBD-based inspection. As of this writing, ten states (New York, California2

, Co lorado, Alaska, Tilinois, Wisconsin, Vermont, Oregon, Maine, and Utah 3 ) are performing some form ofvehicle OBD system check and at least three other states (Indiana, New Hampshire, and Georgia) are actively moving towards early imp lementation ofvehicle 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 pub lic 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 perform ing 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. 3This 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 iss u es 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 performi n g 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 requ irements and/or recommendations for these generic 

### liM imp lementation 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 OB D 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 o n pre-1996 MY vehicles.
EPA also does n ot 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,

4and m ay even have a malfunction indicator light (MIL) illuminated

. The reason we do not recommend performing an OBD -IIM scan o n pre-1994 MY OBD-equipped vehicles is because s uch vehicles use an earlier, non-standardized generation of OBD system ( also known as OBD I). Du e to th e lack of federal standard s for OBD I systems , the systems themselves tend to be proprie tary and may not be compatibl e with th e s tandardized OBD IT scanners that will b e used in most IIM programs 4 •

Elements of an OBD-IIM Check 

### An OBD

- IIM check consists oftwo types of examination: A v isua l c heck of th e dashboard display function and status (also known as the MIL and/or bulb c heck) and an electroni c examination of the OBD computer itself These two examinations, taken togeth er , comprise th e seven step procedure outlined below.
1) Initiate an official test by scanning or manually inputting the required vehi c l e and owner information into the reporting medium (i.e., PC-ba sed electronic reporting sys tem or manual test report). 2) Visually examine the instrument panel to determin e if th e MIL illumin at es briefly when the ignition key is turned to the "key on , engine off'' (KOEO ) position. A briefperiod of illumination of the MIL at start-up is normal and help s confirm th e bulb is in proper, operating condition. Thi s portion of th e tes t pro cedure is also known as the "bulb check." Enter the results of the bulb check into the reportin g medium. 3) Locate the vehicle's data link connector (DLC) and plug a sc an tool into the connector. While it is recommended that thi s s tep be performed with the ignition in th e "o ff ' po sition, thi s s t ep can also be performed with the ignition running. Gi ven the variety of l ocati ons manufacturers hav e c ho sen in practice, locating the DLC may well be the most time-consuming e l emen t of the in spection. We will di scuss the i ssue of atypical DLC locati on e l sew he r e in thi s gu idanc e . 4) Start the vehicle's eng in e so that the ve hi c l e is in th e "key on, eng ine running " ( KOER) conditi on5

. The MIL may illumin ate and then ex tin gu ish 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 ofcommunicat ing with the OBD system in compliance with the Society of Automotive Engineers (SAE) Recommended Practice J 19 79.

5 Whil e it is possible to perfonn the electronic scan portion of the OBD-I/M check in the KO EO position for most vehicles, EPA di scourages thi s practice because it can lead to false failures for some makes and models ofvehicles (such as MY 1996 -20 01 Subarus). 5Also, if th e MIL illuminates during this ph ase but was not observe d in s tep 2 , the v ehicle should not be failed for step 2. 5) With the scan tool in the "generic OBD" mode, follow the scan tool manufacturer's instructions 6 to determine:
Vehicle readiness status 7
MIL status (wh ether commanded on or off) 8

, and

• Diagn osti c Troub le Codes (DTCs) for tho se vehicles with MILs commanded on9

. 6) Reco rd the results of the OBD inspec tion in the appropriate medium. D epen ding upon the design and feature requirements of the program, this may b e an automated process. 7) Without c learing DTCs or readi ness codes, turn off the vehicl e ignition , and then di sconnec t the scan too l 10 • C learing codes

- if such is necessary- should be r eserved for the repair portion of the program (even though in t es t-and

- repair programs, the same p ersonne l may be engaged in both activi ti es). These codes (and the associated "freeze-frame" data) are imp ortant for the performance of proper diagnostics prior to repair. Although the above inspection elements are li sted sequentia lly , curren t regu lation s do not spec i fy the sequen ce that must be followed in performing th e OBD-IIM inspec ti on, and EPA sees no reason for applyi n g a rigid sequence at this time

. 

### In so me cases it may make more sense to

6 For liM purposes , the inspectors and repair technicia n s 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 ve hi c le readiness.

7 Refer to SAE JJ979 MODE 01 PID OJ DATA C and D

. 8 Refer to SAE Jl979 MODE 01 P ID O J DATA A BIT 7

. 9 EPA's original OBD-IIM failure criteria were limited to power-train, emission- related DTCs (ref e r 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 mon ths' worth ofOBD-1/M data from the Wisconsin liM program and found that less than 0.5% ofthe OBD-equippcd vehicles tested during that period experien ced MILs being commanded on for DTCs falling outside the previous fai lure cri teria. As a result, EPA does not believe the simplified fai lure cri teria will result in higher overall liM failure rates --especially not in those areas that op t to replace exist ing 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, unn ecessary key-off, key

- on cycle. 6conduct the v is ua l portion of th e inspection after performing the onboard computer s can. For example, a state choosi ng to perform both a tr aditional tailpipe test and the OBD-I/M check on OBD-equipped vehicles may ch oose to reduce the overall test time involved by conducting the OBD scan at th e same time the other tes t is performed. EPA has found that a scan tool can be plu gged into a s till -runnin g vehicle without producing erroneous readings. Therefore, we believe states sho uld be allowed the flexibility to determine the optimum test sequence to meet th e ir programmatic needs

. H owever, EPA does caution that unforeseen problem s m ay arise with some subset of th e fleet du e to changes in the seq uence . EPA therefore asks that states consult with the Agency should th ey find unusual failure patterns among certain makes and mo del s of ve hi c l es 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 thi s guidance document. It was d e veloped by the Center for Automotive Science and Technolo gy at W eber State University, and is con s iste nt with EPA gu idance.

Basis for Failure or Rejection Unless otherwise noted in this guidance, a vehicle should be fai le d for any of the followin g fi ve reas o ns , with the exception of the last (for which th e appropriate action i s rejection): 11
1 ) It is a 1996 or newer vehicle and the data link connector (DLC) is mi ss ing, has been tampered 12 with, or is otherwise inoperable. (Action : Failure) 2) The MIL does not illuminate at 

### ill.l when th e ignition key is turned to the KOEO position. The MIL shou ld illuminate (on so me vehic l es, only for a briefperiod of time) when the ignition key is turned to the KOEO position. (Action: Fai l ure) 3) If the MIL illuminates continuous ly or flashes after the eng ine has been started, even if no f ault cod es are present, s in ce this could indicate a seri al data 1 ink

11 S tates should be aware that some vehicles have atypical OBD configu ra tions, and shou ld 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 W eber State University to develop an online clearinghouse ofOBD-related information useful to state JIM programs and other stakeholders, including all OBD-related Technical Service Bullet ins (TSBs) from the manufacturers and all relevant updates. See Appendices B through D for more information on vehicles with atypical OBD system issues.

12 T ampering is considered to be any modification ofthe vehicle that deviates from the certified configuration of the vehicle , particularl y if such modification has t he practical effect ofmaking the vehicle untestable (by, for example, making the DLC inac cessib le) or o therwise 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 ofcollision repairs would not necessarily constitute tampering-- provided the DLC was not hidden or rendered otherwise inaccessible as a result ofbeing moved. 7failure. 13 (Action: Failure) 4) Any DTCs are present and the MIL status, as indicated by the scan tool, is co mm anded on, r egardless of whether or not the MIL is actually i llumin ated. Do not fail the vehicle ifDTCs are present and the MIL status, as indicated by the scan too l , is off, because such non-MIL-triggering DTCs a r e consider ed "pending" and frequ ently self clear without requiring repair of the vehicle. MIL command s tatus must be determined with the engine running. (Actio n : Failure) 5) The numb er of OBD system monitors showing a "not ready" s tatus exceeds the number all owed for th e mode l year in que stion. (Action: R ejection) t 4
T able 1 below lists the poss ible t es t outcomes in tabular form.
T able 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 DT Cs and 

### * All required readiness codes are set

Vehicle Fails If: 

### * Bulb chec k not O K and/or 

### * MIL lit while engine running and/or * MIL commanded on for any DTC and/or * DLC missing, tampered, or inoperable Vehicle Rej ected If: *More unset readiness codes found than allowed based on MY and/or * DLC cannot be located or is inaccessible

t3 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" i ndic ator when the engine is started. To avoid falsely failing vehicles , therefore, it is important that the electronic portion ofthe OBD-I/M check be conducted on ly 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 shou ld 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 OB D computer does not set readin ess codes for 3 or more monitors on MY 1996-2000 vehicles, or two or more monitors on MY 200 I and newer vehicles. Readi ness codes in general, and the specific codes and conditions covered by the Apri l 5, 200 1 amendments will be discussed in more detail und er a separate section of this guidance. 8JIM-Related DTCs
Until recently, Federal JIM regulations identified a subset of power train (or P-code) DTCs as being relevant for JIM purposes. Ifa 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



### 9necessary to determine whether s ituation s like the one above will actually happen in practice (though the Agency certainly plans to gat he r such data in the future). We do believe however that program requ irements shou ld be reasonable, and that the econ omic burdens of a program should be balanced by the envir onmental benefit likely to result from the imposition of those burdens. Therefore, we may revise our failure c riter ia at so m e future date, once data has been gat h ered and analyzed concerning the actual cos t s associated with r epairing high mileage /age OBD- equipped vehicles across the full range of possible MIL-triggering DTCs.

Test R eport
If a vehicle fails, the tes t report given to the motorist shou ld include the status of the MIL illumination command and the alphanumeric fau lt code(s) listed along with the DTC definition (s) as specifie d per SAE 

### 120 I 2 and J1930. Only the fault codes lead ing to the insp ection failure should be listed o n the r epo rt given to the motorist. EPA makes this recommendation because it is possib le that an O BD system may set DTC s without commandin g a MIL to be illuminated. These DTCs usually reflec t an intermittent conditio n 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 r ecur, th e system may then d e termin e th at a MIL shou ld be i llumin ated. Therefore, no DTC s shou ld be pri nted on t est reports for vehicl es that pa ss the inspection. An owner who receives notice of these codes on th e same s hee t of paper with notification of passing the state inspection may become confused or desensitized to the importanc e of DTCs and the MIL. Lastly, unset readiness codes should also be li sted on the r eport 

### if th e number of unset readiness codes exceeds the limit fo r w hich an exemption is allowed (i.e., if th e outcome of the test is r ejection based upon the presence of too many unset readiness codes). If the number of un se t readiness codes falls below the limit fo r which an exemption is a ll owe d ( and the vehicle would otherwise p ass the inspection) then no unset r eadiness codes sho uld b e listed on the test report provided to the motorist.

Readiness S tatus: Initial Test
The OBD sys tem monitors the status of up to 1 1 emission control related s ub sys tem s by performing e it her continu o u s or periodic functional tests of specific co mp one nts and v ehicle conditions. The first three testing ca tegories- misfire, fue l trim, and comp rehensi ve components- are co ntinuous, whil e the re m aining eight only run afte r a certain set o f conditions has been met. T he algorithms fo r running t h ese e i ght, periodic monitors are unique to each manufacturer and involve such things as ambient temperature as well as driving conditions. Most vehicles wi ll have at le a st five of the eight remai n ing monitors (catalyst, evaporati ve system, oxygen sensor, heated oxygen sensor, a nd exhaus t gas r ecirculation or E GR system) while the remaining three (air conditioning, secondary air, and heated catalyst) are not n ecessa rily applicable to all vehicles. When a vehicle is scanned at an OB D-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 vehic le is not equipped with the component monitor in question).
There are several reasons why a vehicle may arrive for t es tin g without the required readiness codes set. These reasons include the following: 1) Failure to operate the vehicle under the conditions necessary to eva l uate the monitor(s) in question; 2) A recent resetting of the OBD system due to battery disconnection o r replacement, or routine maintenance immediately prior to testing 15 ; 3) A unique, vehicle-specific OBD system failure; 4) An as-of-yet undefi n ed system design anomaly; or 5) A fraudulent attempt to avoid 

### JIM program requirements by c l earing 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 sma ll 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 imp li es) and therefore should always be flagged as "ready." In its investigation of this issue, EPA has determined that the problem is the result of i ncompatibility 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 DT C 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-equipp ed 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 ofnormal vehicle operation after repairs and prior to OBD·IIM testing (or retesting). 11readiness requirement so as to allow states to comp lete 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 un set readiness code. This does not mean that these vehicles are exempt from the OBD-I/M check 16 • The complete MIL check and scan must be run in a ll cases, and the vehicle still must be failed if any of the failure c riteria discussed in thi s guidance are met. The vehicle should con t inue to be r ejected if it is MY 1996-2000 and has three or more unset, non-continu ous readiness codes or is MY 2001 or newer and has two or more unset, non-continuous readiness codes.
As discussed in the Technical Support D ocume nt for the FRM, t h is amendment is based upon EP A's findings regarding readines s codes from Wisconsin's OBD-I/M data and also r eflects 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 th e Wisconsin liM test l anes. 

### In analyzing the Wisconsin data, EPA made the following observations regarding the readiness status of the OBD-equipped vehicles presented for testing 17 :

• The majority of vehi cles showing up at the liM lan e with readiness codes reading "not ready'' were from MY 1996; the "not ready" rate for MY 199 6 vehicles was 5.8%.

• The frequency of vehicles with r eadiness 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 a ll owed for up to two readiness codes to read "not ready" before a vehic l e would be r ejected from further testi n g, the rejection rate drops- to 2.2% for MY 1996 and to 0.2% for MY 19 97 and MY 1998, for a three model year average of0.9%.
The intention behind E PA '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 ofunset readiness codes present, only unset readiness codes among t he n oncontinuous monitors should be counted.

17 In commenting on an earlier draft o f this implementation guidance, some commenters sugges ted 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 wou ld go up. To te s t 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+ vehic les are being rejected at the time ofthe initial test due to an excessive number of' ' not ready" codes (assuming the readiness exemption a ll owance provided by the April 5, 2001 FRM). 12rejection criteria is exclusively to avoid inconveniencing motorists on th e basis of vehicle conditions that are beyond their control, that are currently the subjec t 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 r esponsibility to design and market OBD systems that comply with exist ing OBD certification requirements 18• Nothing in this guidance in any way changes or otherwise imp ac t s these obligations on the part of vehicle manufacturers. In fact, EPA has already initiated several investigations which may result in enforcement action s related to these requirements.
Because o f the small number of vehicles involved, EPA believes that the environmental impact of the limited readiness exemption will be negligib le, 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 sys t em 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 otherwi se 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 compi led 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 r ejected for unset readiness codes (which does not otherwise meet the failure criteria described in this guidance), the motorist should be g i ven the option of operating th e 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 ): "Contro l ofAir Poll ution 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-re lated control systems. This code will be essentia l

... 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." 13facility 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 Repai rs --Non-catalyst-related DTCs
OBD-I/M programs also must address the readiness code status of vehi cles 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 fo ll owing 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-



### 142000, 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 smaW 9

. 

### 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 ofretests required before passing after the initial failure is 2.01, while for vehicles failing the OBD-I/M check, the average number ofretests 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). 15specifically to avoid fraud such as that suggested by the commenters 20 •

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 monito r 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 exclus ion 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 supp liers to address this issue and will provide revi sed 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. 16on/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 retest2 2

.

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 ofperforming and recording the results ofthe gas cap test accurately as part oftheir on-going outreach , training, and enforcement activities. 17Implementation I ssu es for Cen tralized vs. Decen tralized OBD-Based Testing
While EP A recommends that JJM programs i ntegrate 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 rea l-time database may op t to use generic, stand-alone, handheld scanners that do not generate automatic tes t rep orts an d are not t ied to a real-time data- l inked system. While the use of stand-alone scanne rs i s not barred by JJM regulati o n s for those areas not otherwise required to emp l oy a real- time datab ase, EPA nevertheless sees several drawbacks to the stand

- alone approach to OB D -JJM testing

. For example, the lack of a real-time data link will mean that program oversight wi ll necessarily be more costly, more labor intensive, and also less comprehensive, l eaving the program perhaps more vu lnerable to fraud. This decrease in program oversight effectiveness would come at a time when a significant port i on 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 pro cess for making pass/fail decisions have been found to be even more difficul t to oversee than t raditi onal decentralized programs, since no electronic record is produced , making au di ting m ore difficu lt. Furthermore, the use of computer mat ching to identify non comp lying v ehi c les wou l d be seriously restricted under su ch a sys t em, assuming t h at such a system wou ld not r esu lt in an electronically searchable testing database

. And while it is possible that manua ll y-completed test reports could be made computer-scannab le and collected during site visits or sent to the sta t e, the inherent time lag between the test and inclusion in the state database makes t hi s a chall enging imp l ementation issue (i.e., a negative hit could equal data lag, not necessarily non -compli ance). Lastl y, the individual station's access to extensive and important program informat i o n (f or ex ample, DLC l ocation databases and technical service bulletins regarding program updates, pattern failures, etc.) wou l d be limited, both in terms of availability an d time liness

. 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 a ll ow for:
Real-time data li nk connection to a centralized testing database; Quality-co n trolled input of vehicle and owner identification information (preferably automated, for examp l e, through the use ofbar code); and
Automated generation oftest reports.

OBD and Inspector Fraud
As is the case wi t h all other JJM test types, the OBD-JJM check is vulnerable to inspector fraud, and pro gr am m anagers need to be on guard to limit the opportuni t ies for this

18kind of activity. For example, it is currently possible for an unscrupulous inspector in a tailpipe-based program to engage in a practice known as "clea n 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 "clea n 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-scal e "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 (PID s) 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 Modu l e (PCM) diagnostic address 24 • 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, pr ograms can lim it 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 th e 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 appr opriate 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 waive r

23 Refer to SAE Jl979 MODE 01 PID 00.

2 4 Refer to SAE 11979 Section 4.2.4 Header Bytes. 19requirements for such vehicles. The reason for wanting to avoid granting a waiver to a vehicle with an illuminated MIL is two-fo l d: 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 th ey develop. At a minimum, the state's public education efforts regarding the OBD inspection should stress the importance of responding to illuminated 

### MILs i n a timely manner.

Public Outreach
In recognition of the pivotal ro le repair technicians and the public p l ay in th e success ofTJM programs, EPA recommends that all states required to perform vehicle O BD system checks begin pub li c outreach and technician training six months to a year prior to the beginning of mandatory OBD testing 25

. Therefore, another reason for issuing this guidance at th is time is to give states the opportunity to consider the various issues raised by and addressed in this guidance in the development of their pub lic outreach and technician training efforts. The need for public outreach is a lso one of the reasons EPA has provided states several options for postponing the deadline for mandatory OBD testing beyond J anuary 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 im p ortance of effective public outreach campaigns to inform motorists and the repair co mmunity 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 th e context ofTJM testing may guard against the negative public perception which accompanied t h e introduction of loaded m ode 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 deve loped, public educational materials should be disseminated as widely as possible. Relevant distribution points include: Trade organizations, dealerships (serv i ce writers as well as technician s), 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 pub lic 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 ofvoluntary, advisory-only testing to allow inspectors and motorists to get accustomed to the program and to allow for debugging prior to the beginning ofmandatory 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 a lone, and wou ld, 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 ifthey arc excused from being repai red during the phase-in period

. 20legislators, locallcaders, automobile manufacturers, automobile enthusiasts, scan tool manufacturers, EPA regional offices, emission inspection contractors, environmentalists, h ealth 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 equ ipmen t vendors, and other training providers to ensure that the necessary training is availab le to repair technicians in the field well in advance of mandatory OBD-IIM testing. In addition, states s hould a lso work with the various organizations representing the repair community to stress th e need for r epair technicians to take advantage of the training opportunities that are available. In liM programs where repair technicians are licen sed or certified by the state to participate in the program, OBD-specific repair technician training s hould 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, termino logy, legal requirements, etc.)

• The differences be tw een 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 environme nt, and

• Proper diagnostic procedures and avai lable sources of diagnostic materials (i.e., manufacturers, hotlincs, web sites, etc.).

2 1APPENDIX 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 performanc e 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 impl e menting 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 comp uter when a monitor detects a condition likely to lead to (or has already produc ed) a component or system failure, or otherwise contribute to e xceeding emiss ion s standards by 1.5 times the certi fication standard.
Enhanced 

### JIM: A vehicle inspection and maintenance program designed to meet one of three enhanced 11M performance standards- high, low, and ozone transp ort region (OTR) low. The high enhanced standa rd i s designed around IM240 tailpipe testing and purge and pressure evaporative system testing. The low enhanced standard i s 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 Trans port Reg ion. The OTR low enhance d standard is ba sed upon tailpipe testing using remote sensing devices and visual anti tampering inspections. Serious and worse nonattainment areas are required to i mplement e nhanced liM, as we ll as a ll a reas within the OTR with populations over 100 ,000, regardless of attainment status. Evaporative System Te st: A test of a vehicle's evaporative control system to determine i f the sys t em is 1) leaking and/or 2) purging pr operly.
Malfunction Indicator Light (MIL): Also known as a Check Engine li ght, the M alfunction Indicator Light ofMIL is illuminat ed on the dashb oard 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 unlab e led 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 motori st when conditions exi st which cou ld lead to a vehicle's exc eeding 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 OB D computer and the OBD scanner. Connecting anOBD 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 sto red by a vehicle's onboard computer which is different from a DTC in that it does not ind ic ate a vehicle fault, but rather wh ether or not a given monitor has been run (i.e., whether or not the compo n ent or syst em in question has been checked to determine if it i s fun ct i oning prope rl y).
Scanner or Scan Tool: A PC-based or handh eld dev ice used to interface wi th a vehicle's on board computer for the purpose of reading DTCs and monito r readiness status. Test-and-Repair: An IIM program which allows the same people wh o tes t a vehicle to a lso repair the same vehicl e and retest it to determine wh ether or not the r epairs performed were adequate. Test-and-repair programs are also generally d ecentralized, though not all de cent ralize d programs are necessarily test-and-repair. Test-Only: An IIM program- usually, though not exclusively centralized- which r equ ir es that the functions of testing and repair be performed by di ffer en t, fmancially unrelated part i es.APPENDIXB



### Data Link Connector Mappine DiaeramDiagnosticLinkConnectorMappingDiagramDriverSide'\---·--:-II1#6iX>X.<XlX<XJXIII'*'('*X.?•....'X<XXSXiL#-7IIII_----PreferredConnectorLocationlIIIIII\\\\PassengerSide•IIIIIII--=------......._-II---......-I--'\I)I/I""I.....----J----1-.............._------------------1+-VehicleCenterlineII

### Diagnostic Link C onnector (DLC) Mapping Diagram E xplanation
The mapping diagram of DLC locations contains a divided instru ment panel (IP) with nu mbered areas. Each number ed area represents specific sections of the IP where manufacturers may have located DLCs. Thi s document briefly clarifies the numbered l ocations on the mapping diagram. Areas 1-3 fall within the preferred DLC location while the remain ing areas, 4-8, fall into the allowable DLC location according to EPA requirements. Areas 4-8 require that manufacturers l abel 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 th e passenger compartment, this represents the center section.
L o ca tion # 2 This location represents a DLC positioned on the underside of the IP between t h e steering column an d the driv er 's side passenger door. Visualizing the underside of an IP d i vided into three equal parts fro m in si de the passenger compartment, this rep resents the left section.
Lo cation #3 Thi s location represents a DLC positioned on the underside of the IP between the steering column and the center consol e. Visualiz ing the underside of an IP divided into three equal parts from inside the passenger compartmen t, th i s r epresents 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 p ositioned on the upper part of the IP between th e steer i ng co lumn and the dri ver side, p assen ger door.
L oc ation #6 This location represents a DLC positioned on the vertical section of t h e center conso l e and left of th e vehicle center line. Location #7This 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 l ocation 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 l ocation #9).
Location #9 This location, not shown, represents any DLC positioned i n an a rea other than those mentioned above (e.g., in the rear p assenger area on the drive r s i de armrest).

### APPENDIXC

Vehicles with Hard-to-Find Data Link Connector Locations*, by 

### Make and Model Year (*Location numb ers refer to DLC map in App endix B)Manuracturer Year Model Location/ 

## I Comments 

## I 

# ! i A coess Audi 199 6, 1997 Cabriolet, A6 9/cover re ar a shtray ' Bentley 1996-2000 all 9/cover in glove box BMW 1999·2000 3 S e ri es 2/cover 1 /4 tum slot head screw BMW 1996·1998 3 Series {including '96-' 99 M3) 2/cover 11 4 tu m slot h ead sc re w BMW 1996·2000 5 Series I 2/cover 1 /4 tum slot h ead scre w BMW 1 1996.2000 7-seriM 6/cove r ur.d er st er o cntrl BMW 1996·2000 X3/M Aoads i

.. r 7/cover pa!>S en ger sid e of conso le i BMW 1996 .2000 Z3 ·se ri es 9/cov er under passgr

. dash I Ferrari 1996-2000 all 3/open up h i gh und er 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 19 96

. 1997 Accord 6/cover be h ind ashtray I Honda 1997·1998 AcuraCL 7/9(Jen under passgr. dash Honda 1999 AcuraCL 8/op en bove shifter Honda 1999· 2000 AcuraAL 8/co ver I n front of sh i fter behind ashtray Honda 1996 · 1998 AcuraTL · 8/co ver 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 1 996-2000 DeiSoi/Hybrid 7/open under passgr. dash Honda 1 996- 1 999 Integra 7/open

**und erpassg~dash**  Honda 1997·2000 NSX, S2, 000 7/open und er passgr

. dash Honda 1 996 · 1998 Odyssey 7/cover con sole und er passgr

. dash Honda 1997 · 2000 Prelude 7 /cover und er passgr. dash Honda 1996 Prelude 8/open abo ve shifter Honda 1996- 1998 Acura RL 7/open passenger side c enter console fron t Hyundai 1 996- 1998 A ccen t 2/open i n coin boxl Lexus 1996 ES300 2/cov er behind fuse box panel 1 I Lexus 1996· 2000 LS400 2/co ver above par1<ing brake Lotus 1997.2000 Esprit 7 /open Above Passenger Dash Mazda 1998·1 999 M l ata 2/cover behind fuse box panel Mitsubishi 1996 Expo 2/open behind fuse box Porscbe 1996 A IIVehlcles 6/cover d river's sid e of co nsol e 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/cove r behind plastic h i nged cover Subaru 1996·1997 svx 1/cover righ t side o f steering colu mn Toyota 1996 Avalon 2/cover behind fuse box panel Toyota 1996 Camry 2/cover behi nd coi n box Toyota 2000 New Hybrid 7/open 

### I Toyota 1996. 1997 Prevta

.(21 4 WD) 6/cover top lnstrumt panel Toyota 1 9 96-1998 Tercel 2/cover behind fuse box panel Volvo 1997·1998 850 8/cover In front of sh ifter under coi'l tray VOLVO 1998. 1999 a ll ve hicle s except sao 9/cover hand brake area Volvo 2000 CJSN70 8/cover 

### I Volvo 2000 SN40 6/cover 

## vw 1996·1998 Cabrio , Golf, J etta 7/cover ri ght s i de of ashtray ! 

## vw 1996 ·1999 Eurovan 4/cover on dash behind wiper l ever 

## vw 1999 Golf,J etta 7/oover 

### I 

## vw 1996

. 1997 Pass at 4/cover on dash beh i nd wiper lever I

Page 1A PPE NDIX D
M anufac turer s Kno wn t o H ave O B D R eadin ess I ss u es 1996 Chrysler vehicles- Vehicles may clear readiness at key-off. Vehicles should be tested normally. If vehicles are found to be "Not Ready," they shou l d 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. M i tsubishi 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 informat ion to all ow monitors to operate. T h ese vehicles should be treated as other non-problematic vehicles

. Ni ssan 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 oper ate. These vehicles should be treated as other non-problematic vehicles. Saab Technical Service Bulletin not yet available.
1996 Subaru vehicles

- Vehicles w i ll clear readiness at key-off. There is no reprogramming availab le 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. Vehic l es should be scanned using remaining readiness moni tors as described for non-problematic vehicles.
1 996 Volvo 850 Turbo- Vehicles will clear readiness at key

- off. There is no reprogrammi ng available fo r this line of vehicles. These vehicles should be scanned for MIL illumination wi t h out regard to readiness status. Volvo Technical Service Bulletin #SB 2

- 23-0056.
1996-98 V o lvo vehicles (excluding 850 Turbo)- These vehicles may h ave a h igh 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 t r eated as other non-problematic vehicles. Volvo Technical Service Bulletin #SB 2-23-0056.APPENDIX E



### OBD

- 1/M Test Procedure Flow ChartOBD liM RECOMMENDED TEST PROCEDURE

Vehicle fai l s test (Note #1) 

### Start 080 1/M Test Procedure

Center for Automotrve Science and Tecl'lnology Webef State Universi ty Locate DLC , connect test equipment

Note MIL (MIL illumination maybe brief) wh il e turning ignition sw itch to the " Run " position with engine " Off'

engine running and establish communication with on-board systemOBD 1/M RECOMMENDED TEST PROCEDURE FOR 1996 MODEL YEAR AND NEWER VEHICLES (Co nt) Connect functional approved test

equipment

test (Note #2)

Vehicle fails test (Note #4)

Center r or 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 1 996 MODEL YEAR AND NEWER VEHICLES

Retrieve DTCs using

Mode $03 request. Provide DT C' s with

descr i ption on a Vehic l e Inspect i on Report for repair and f leet failure characteri zati on


### Vehicle fails OBD

1/M test View Read i ness Code status (Data col l ect i on o nly)

Cen t er for A utomotive Science and T ech nology Weber State University No

Vehicle i s not ready

for liM ·eva l uation

. Vehic le nee ds t o 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 b e 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 communicat i on 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, ser i al 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 i s 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 wh i ch 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 Read i ness 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 state s 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 t o allow states t o comp l ete the testing process on model year 1 996 thru 2000 vehic l es with two o r fewer unset readiness codes; for mode l yea r 2001 and newer vehicles, the testing process could still be comp l ete prov i ded th e re is no more than one un set readiness code. I t is important to understand that t he veh i c l e does not fail the liM t est beca u se a n unset readiness c ode is not itself an indicat ion of a n e m iss i on p rob l e m with the veh icl e.0a.20.019.018.01-17.0ero..coea.:2-:::::.QI16.0e15.o0VI.....c:QlCDug:2-:::::::-14.013.012.011.010.020122013VOCBenefits(TPD)intheChicagoNAAfromExistingandProposed1/MPrograms,2012-2020TheProposed2012+1/Mprogramreduces1/MbenefitsforVOCintheChicagoNAA(relativetotheExisting[2007+]program)bylessthan0.05TPO--essentiallynoreductionatall2014201520162017Year201820192020t1Existing1/MProgramaProposed1/MProgram2.01.91.8c1.7nJ1:1001.6-:::.e1.50"'...1.4cCllcou0>1.3-:::.1.21.11.02012VOCBenefits(TPD)intheMetro-East+JerseyNAAfromExistingandProposed1/MPrograms,2012-20202013TheProposed2012+1/Mprogramreduces1/MbenefitsforVOCintheMetro-East+JerseyNAA(relativetotheExisting[2007+]program)bylessthan0.001TPD--essentiallynoreductionatall2014201520162017Year201820192020E:lExisting1/MProgramll'.!Proposed1/MProgram

### STATE O F ILLI N OIS
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### STATE OF IWNOIS Pollution Control Board CERTIF I CATE O F SERVI CE 

### I, the undersigned , an attorney, sta te that I have served the attached REGULATORY PROPOSAL entitled "REVISION O F ENHANCED VEHICLE EMISSION INSPEC TI ON AND MAINTENANCE (I/M) REGUL ATIONS: AMENDMENTS TO 35 ILL. ADM. CODE PART 240," MOTION FOR WAIVER OF COPY REQ UI REMEN T S, and APPEARA NCE of the Illinois Environmental Protection Agency by first-class mail from Springfiel d , Illinois, with sufficient postage affixed, upon the following persons: John T herriault, Clerk Illinois Pollution Control Board James R. Thompson Cent e r 100 West Randolph , Suite 11-500 Chicago, Illinois 60601 Virginia Yang, Deputy Legal Counsel Illinoi s Department of Natural Resource s One Natural Re s ources Way Springfield, I L 62702-1271

D ATED : September 30, 2011
1 021 N. Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 (2 17 ) 782-5544 M atthew Dunn, Chief Division of Environmental Enforcement Office of the Attorney General James R. Thompson Center 69 W est Washington, Suite 1800 ' Chicago, Illinois 60602 1 I

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# AL

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

# By:d~~**o<J** Kent E. Mohr

. Assistant Counsel Divi sio n 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 ev aporative 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 knownOBD 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 suns etting 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 atthe 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 highto ignite fuel injected directly into the cylinder area. “Diesel locomotive” means a diesel enginevehicle 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 ________)

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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