Attachment 32

Agency Rulemaking Proposal:

Enhanced Inspection and Maintenance (I/M) 

Regulations, Amendments to

35 Ill. Adm. Code Part 240 

filed with the Board on August 20, 2001

(certain documents omitted) 

AUG ~ 0 ZOO ! 

STATE Of ILUNOlS 

Pollution Control Board 

THE 

ATTACHED PROPOSAL 

IS BEING FILED PURSUANT TO 

SECTION 20 OF THE 

~'()~-~ 

VEHICLE EMISSIONS INSPECTION LAW OF 1995 

[625 ILCS 5/13B-20] 
BEFORE THE ILLINOIS POLLUTION 

STATE OF [LLINOlS 

Pollution Control Board 

IN THE MATTER OF: 

ENHANCED VEHICLE INSPECTION AND 

MAINTENANCE (I/M) REGULATIONS: 

AMENDMENTS TO 35 ILL. ADM. CODE 

PART 240 . 

NOTICE 

To: Dorothy Gunn, Clerk 

Illinois Pollution Control Board 

State of Illinois Center 

100 West Randolph, 

Suite 11-500 

Chicago, Illinois 60601 

Matthew Dunn 

Environmental Bureau 

Office of t he Attorney General 

188 West Randolph St., 20th Floor 

Chicago, I llinois 60601 

R02- ~ (Rulemaking - Air) 

~~ . 

' Legal Services 

.I Illinois Department of ~ Natural Resources 

524 South Second Street 

Springfield, Illinois 

62701-1787 

PLEASE TAKE NOTICE that I have today filed with the Office 

of the Clerk of the Pollution Control Board the REGULATORY 

PROPOSAL FOR ENHANCED INSPECTION AND MAINTENfu'ICE (I/M) 

REGULATIONS: AMENDMENTS TO 35 I LL. ADM. CODE PART 240 of the 

Illinois Environmental Protection Agency a copy of which is 

herewith served upon you. 

ENVIRONMENTAL PROTECTION AGENCY 

::,TH~~ ~emeroukas 

Assistant Counsel 

Division of Legal Counsel 

DATED: August 17, 2001 

1021 North Grand Avenue, East 

Springfield, Illinois 62794 

217/782-5544 

THIS FILING IS SUBMITTED ON 

RECYCL,ED PAPER 

.i ·. 
. ~~@~~~ 0 U ( ·Ct:.tV.ED •r.RI~'C. ()~r.l(:f: 

1 . ~ o zoo1 

BEFORB THE ILLINOIS POLLUTION NTROL BOARD STATt: OF ILLINOIS 

IN THE ~ATTER OF : 

ENHANCED VEHICLE INSPECTION AND 

MAINTENANCE (I/M) REGULATIONS: 

AMENDMENTS TO 35 ILL. ADM. CODE 

PART 240 

Pollution Control Boord 

R02 ~ (Rulemaking - Air) 

APPEARANCE 

The undersigned, as one of its attorneys, hereby enters an 

Appearance on behalf of the Proponent, the I llinois Environmental 

Protection Agency . 

DATED: August 17, 2001 

1021 North Grand Avenue, East 

Springfield, Illinois 62794 

217/782 - 5544 

ENVIRONMENTAL PROTECTION AGENCY 

OF THE STATE OF ILLINOIS 

By : 

~ Assistant Counsel 

Division of Legal Counsel 

THIS FILING IS SUBMITTED ON 

RECYCLED PAPER 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD STArt:. Uf-" ILLII\'UlS 

Pollution Cnnt'n' n,. 

IN THE MATTER OF: 

ENHANCED VEHICLE INSPECTION ~~ 

MAINTENANCE (I/M) REGULATIONS: 

AMENDMENTS TO 3 5 n~L. ADM. CODE 

PART 240 

R02- i 

(Rulemaking - Air} 

AGENCY PROPOSAL OF REGULATIONS 

The Illinois Environmental Protection Agency moves that the 

Illinois Pollution Control Board adopt the attached regulations. 

DATED: August 17, 2001 

1021 North Grand Avenue, East 

Springfield, Illinois 62794 

217/782 - 5544 

Respectfully submitted, 

By: 

THIS FILING IS SUBMITTED ON 

RECYCLED PAPER 
.kECEIVED 

<:!_rnv.'s nr.r:rr.r: 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD AUG 6 0 2001 

IN THE MATTER OF: 

ENHANCED VEHICLE INSPECTION AND 

MAINTENANCE (I/M) REGULATIONS: 

."1\MENDMENTS TO 35 ILL. ADM. CODE 

PART 240 

STA'rE OF ILLINOIS 

Pollution Control Borml 

R02-Ci 

(Rulemaking - Air) 

CERTIFICATION OF ORIGINATION 

NOW COMES the Illinois Environmental Protection Agency 

("Illinois EPA") to certify in accordance with 35 Ill. Adm. Code 

102.202(h) that this proposal for amendments to 35 Ill. Adm. Code 

240 amends the most recent version of that rule as published on 

.. the Pollution Control Board's Web site. 

DATED: August 17, 2001 

1021 North Grand Avenue, East 

Springfield, Illinois 62794 

217/782-5544 

Respectfully submitted, 

ENVIRONMENTAL PROTECTION AGENCY 

OF THE STA E OF ILLINOIS 

By: 

THIS FILING IS SUBMITTED ON 

RECYCLED PAPER 
BEFORE THE ILLINOIS 

~---- fjf01j~~~ I 

\IIJI~~~~~~~ 11~ ~ \b R~r.';;,~ ~~.~.o POLLUTIOJ uc)*~OL 1 b D AUG ~ o 200, 

STATE Of ILLINOIS 

Pollution Con trol Boarrl 

IN THE MATTER OF: 

ENHANCED VEHICLE INSPECTION AND 

MAINTENANCE (I/M) REGULATIONS: 

· R02- g 

(Rulemaking - Air) 

AMENDMENTS TO 35 ILL. ADM. CODE 

PART 240 

MOTION FOR ACCEPTANCE 

NOW COMES the Illinois Environmental Protection Agency 

1 ("Illinois EPA"), by and through its attorney, Christopher P. 

Demeroukas, and pursuant to 35 Ill. Adm. Code 102.200 and 

102.202, moves that the Illinois Pollution Control Board 

( "Board") accept for hea:dng the Illinoi s EPA's proposal to amend 

35 Ill. Adm. Code 240. This regulatory proposal includes: 

1. Cover sheet indicating submittal under Section 20 of the 

Vehicle Emissions Inspection Law of 1995 [625 ILCS 5/13B-20 

(2000)] 

2. Notice of Filing 

3. Appearance of Christopher P. Demeroukas, Assistant Counsel, 

for the Illinois Environmental Protection Agency 

4. Statement of Submittal by Director Skinner 

5. Certification of Origination 

6. Motion for Acceptance 

7. Statement of Reasons 

8. Summaries of Testimony 

(a) Summary of Testimony of Elizabeth R. Tracy 

(b) Summary of Testimony of Michael Hills 

9. Technical Support Document 

• 

Technical Support Document : Modifi cations to On-Board 
Diagnostic Test Standards - Proposed Amendments to 35 Ill. 

Adm. Code Part 240, Illinois Environmental Protection 

Agency, Bureau of Air, Division of Vehicle Inspection and 

Maintenance, Springfield, Illinois (July 2001) 

10. Documents Relied Upon 

(a} The Vehicle Emissions Inspection Law of 1995 [625 ILCS 

5/13B (2000) ] 

(b) United States Environmental Protection Agency, "Amendments to Vehicle Inspection Maintenance Program 

Requirements Incorporating the Onboard Diagnostic 

Check," Final Rule, April 5, 2001 (66 FR 18156) 

(c) United States Environmental Protection Agency, 

"Performing Onboard Diagnosti~ System Checks as Part of 

a Vehicle Inspection and Maintenance Program," Report 

EPA420-R-01-015, June 2001. 

11. First Notice and Proposed Amendments to Part 240 

12. Disk in Microsoft Word 1997 containing: 

(a) Proposed Amendments to Part 240 (amend240.doc) 

(b) First Notice Form for 35 Ill. Adm. Code 240 

(not240 .doc) 

13. Proof of Service 

Christopher . Demeroukas 

Assistant counsel 

Division of Legal Counsel 

DATED: August 17, 2001 

1021 North Grand Avenue, East 

Springfield, Illinois 62794 

217/782-5544 

2 

THIS FILING IS SUBf<!ITTED ON 

RECYCLED PAPER 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

RECEIVED 

('f r:rn.('<: rn=r:t('E 

AUG 2 0 2001 

SlATE OF ILLINOIS 

Pollution Control Rnnrrf 

IN THE MATTER OF: 

ENHANCED VEHICLE INSPECTION AND 

MAINTENANCE (I/M) REGULATIONS: 

R02- 3 

(Rulemaking - Air) 

AMENDMENTS TO 35 ILL. ADM. CODE 

PART 240 

STATEMENT OF REASONS 

The Illinois Environmental Protection Agency ("Agency"} 

hereby submits this Statement of Reasons to the Illinois 

Pollution Control Board ("Board") in support c~ the attached 

proposal of regulations in accordance with 35 Ill. Adm. Code 

102.121(b). The adoption by the Board of these proposed 

amendments to 35 Ill. Adm. Code Part 240 is authorized by Section 

27 (excluding subsection (b)) of the Illinois Environmental 

Protection Act ("Act") [415 ILCS 5/27 (1998)) and mandated by 

Section 13B-20(a) of the Vehicle Emissions Inspection Law of 1995 

("Inspection Law") [625 ILCS 5/138-20 (a) (2000) 1 . 

I. INTRODUCTION 

Sections 182(b) and 182(c) of the Clean Air Act, as amended 

in 1990 ( "CAA'') [42 U, S.C. §7582 (b) and §7582 (c)], require the 

implementation of "inspection and maintenance" ("I/M") programs 

in areas not meeting National Ambient Air Quality Standards 

("NAAQS"} for ozone and/or carbon monoxide. The CAA specifies 

t he use o f "basic" or "enha nced" I / M programs . Ba sic prog rams 

are required in "moderate" and "marginal" ozone nonattainment 

1 
areas with existing I/M programs. Enhanced programs are mandated 

for "serious, 11 "severe," and "extreme" ozone nonattainment areas 

with urbanized populations of 200,000 or more. 

States required to develop either basic or enhanced I/M 

programs are required to submit for approval to the United States 

Environmental Protection Agency {"USEPA") revisions to their 

State Implementation Plans ("SIP"s) which fully describe and 

assure implementation of a satisfactory I/M program. Illinois 

contains two areas classified as nonattain~ent for ozone: the 

Chicago metropolitan area which is classified as "severe"; and 

the Metro-East area in and around East St. Louis which is 

classified as "moderate." 

USEPA has promulgated both final regulations and interim 

guidelines containing testing standards and procedures for use in 

a state's enhanced I/M emissions testing program [40 CFR 51 and 

40 CFR 85]. Illinois' Inspection Law provides the requ.i.red 

authority for the Agency to enable Illinois to meet USEPA's 

enhanced I/M testing and performance requirements. 

The Board has previously adopted the standards necessar y f or 

implementation of the enhanced I/M program [R94-19 at 18 Ill. 

Reg . 1822 8 (eff. Dec. 14 , 1994) , R94 - 20 a t 18 Ill. Reg. 180 13 

(eff. Dec. 12, 1994), R98-24 at 22 Ill. Reg. 13723 (eff. Jul. 13, 

1998, exp8dited correction at 22 Ill. Reg. 21120 , eff. Jul. 13, 

1998), and 24 Ill. Reg. 19188, (eff. Dec. 18, 2000)]. 

2 
This proposal represents the means by which certain 

revisions of the mobile source standards necessary for the 

refinement of the enhanced I/M program will be adopted. The 

proposal contains amendments to the on-board diagnostic ("OBD") 

testing portion of the current rules, based upon recent 

rulemaking and guidance issued by the USEPA. 

The Agency today is proposing that the following rules be 

adopted by the Board under authority of Section 20(a) of the 

Vehicle Emissions Inspection Law of 1995 [625 ILCS 5/13E-20(a) 

(2000] in order to enable Illinois to meet federal and state 

mandated enhanced emissions testing requirements . 

II. BASIS FOR SUBMITTAL 

This regulatory proposal is properly submitted to the Board 

under Section 20(a) of the Vehicle Emissions Inspection Law of 

1995 [625 ILCS 5/138-20 (a) (2000)]. That section states, in 

relevant part, that the Board is required to adopt standards 

necessary for the enhanced I/M program within 120 days after the 

Agency ' s s ubmi ssion of s uch standards to the Board, and that: 

" . subsection (b) of Section 27 of the Environmental 

Protecti on Act (415 ILCS 5/27 } and the rulemaking provisions 

o f the Illinois Administra t ive Procedure Ac t shall not apply 

to rules adopted by the Board under this subsect ion." 

The Agency t herefore believe s tha t the proposed rules 

contained herein constitute those rules referenced by the above 

3 
statutory requirement, and that the Board will insure adoption of 

such rules within the required timeframe. 

III. GEOGRAPHIC REGIONS AND SOtffiCES AFFECTED 

The geographic areas subject to the Agency's proposal are 

c~rtain counties and parts of counties located in the Chicago and 

the Metro-East ozone nonattainment areas and as identified in 

Sections 138-5 and 138-15 of the Inspection Law. The Agency's 

proposal would apply to motor vehicles and their owners to the 

extent and in the manner specified by Sections 138-15, 138-20, 

138-25, and 138-30 of the Inspection Law. 

IV. PURPOSE AND EFFECT OF THE PROPOSAL 

Federal regulations require the adoption by states of 

standards that result in a reduction of ~ehicle emissions through 

testing procedures meeting, or exceeding, the amount of emissions 

that would be reduced if its "model" I/f1 program design was 

implemented. ~~ USEPA requires certain 11 del3ign elements" to be a 

part h of any enhanced I/M plan, but allo~~ states to vary certain 

program inputs as long as the plan achieves the same or greater 

reductions in emissions than those required by USEPA's applicable 

performance standard. 1 As noted above, the Board has adopted 

1 4.0 CFR 51.351 (60 FR 48035). Illinois is required to meet tee "low 

enhanced" performance standard in Section 51.35l(g), 

4 
certain required standards for Illinois' enhanced I/M program, 

and the Agency has adopted certain necessary procedural rules. r· 

This proposal is designed to promote the acceptance of and 

adherence to the enhanced I/M program by incorporating necessary 

"flexibility" provisions for OBD testing as authorized by recent 

USEPA rulemaki ng and guidance. 

V. TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS 

The technology for implementing the standards proposed ty 

these rules is available and reliable. There are no new hardware 

requirements, and only a few minor software changes need to be 

developed and implemented to appropriately implement these 

proposed changes. 

VI . COMMUNICATION WITH INTERESTED PARTIES 

These proposed amendments are relatively minor adjustments 

to the Enhanced I/M program. The Board has held rulemaking 

proceedings on this topic in 1994, 1998, and 2000 during which 

the rulemakings necessary for establishment of the enhanced I/M 

program were presented for the Board's approval and adopted . The 

Agency has also adopted procedural rules for the required 

enhanced I/M test procedures in 1996 and 1998, which again 

5 

, 
entailed a public hearing concerning the enhanced I/M program2 • 

Therefore, the extent of the Agency's outreach efforts has 

been to those parties primarily concerned with the promulgation 

of the enhanced I/M emissions standards and the establishment of 

the program. The Agency. has participated in several discussions 

with State and local officials, other State Executive Branch 

agencies, interested contractors, and the USEPA during the course 

of developing the program. The Agency's contacts with USEPA have 

been particularly extensive due to the reliance the Agency places 

upon USEPA to provide necessary rules and guidance for 

establishing or changing test standards a nd procedures, and also 

based upon their role of ultimately approving the sufficiency of 

our program. 

VII. THE AGENCY'S PROPOSAL 

The proposed rules amend 35 Ill. Adm. Code 240. The 

following is a section-by-section summary of the Agency's 

proposal. 

SUBPART H: ON-BOARD DIAGNOSTIC (OBD) TEST STANDARDS 

The Agency is proposing to provide certain flexibil ity 

pursuant to recent USEPA rules for the OBD test. 

2 Amendments to 35 Ill. Adm. Code 276, adopted at 20 Ill. Reg. 8456, 

effective June 14 1 1996. 

6 
1. Section 240.191 Applicability 

The Agency proposes a minor "cl.ean up" to the text of this 

Section to refer to the OBD procedural rules contained in 35 Ill 

Adm. Code 276. Additionally, the Agency proposes to include a 

provision for delaying mandatory "pass/fail!' OBD testing to 

January 1, 2003 if the Agency chooses to apply to USEPA for this 

delay, and USEPA grants it. This provision is necessary to allow 

the Agency flexibility in beginning "pass/fail" OBD testing, 

based upon our evaluation of the readiness of our contractor to 

begin such testing, and other considerations, such as whether 

necessary public outreach can be accomplished by the mandatory 

beginning date. 

2. Section 240.192 On-Board Diagnostic Test Standards 

The Agency proposes to make two changes to this section 

based upon recent federal rules and guidance: ("Amendments to 

Vehicle Inspection Maintenance Program Requirements Incorporating 

the Onboard Diagnostic Check; Final Rule", April 5, 2001(66 FR 

18156) (''Amended OBD Rule") , and "Performing Onboard Diagnostic 

System Checks as Part of a Vehicle Inspection and Maintenance 

Program," EPA420-R-01015, Transportation and Regional Programs 

Division Office of Transportation and Air Quality, USEPA, June 

2001 ("Amended OBD Guidance"). 

7 
Specifically, the Agency proposes to: 1) modify the list of 

diagnostic trouble codes ("DTCs") that, if identified during an 

OBD teet, will result in a vehicle's failure; 2) add a "bulb 

check" to the OBD test. 

DTC List Modification DTCs are alphanumeric codes that are 

set in a vehicle's OBD system when a monitor detects a condition 

likely to lead to (or has already produced) a component or system 

failure, or otherwise contribute to exceeding applicable emission 

standards. If a vehicle is identified through the OBD inspection 

as having a MIL ("Malfunction Indicator Light") commanded on for 

one or more of these power train DTCs, then the vehicle fails the 

inspection. In its Amended OBD Rule, USEPA ame11ded their OBD 

standards to require the failure of a vehicle for the presence of 

any DTC that results in the MIL being commanded on {66 FR 18178, 

amending 40 CFR B5.2207(d)). 

Because USEPA regulations require that the MIL only be 

illuminated for emission-related malfunctions, non-emission 

related components and systems malfunctions would not result in 

the MIL being commanded on. In order for the vehicle to fail for 

OBD-1/M inspection, DTCs must be present and the MIL must be 

commanded on. Additionally, USEPA has examined data from over 

300,000 OBD-I/M checks performed in actual I/M lanes and has not 

found a single instance where the presence of a non- emission 

related DTC resulted in the failure of a vehicle for the OBD 

8 
•' 

test. Therefore, to make the test simpler, to meet the new 

federal rule, and because of real world data indicating no 

detrimental impact on the public, the Agency proposes to adopt 

this requirement and eliminate the current, specific list of DTCs 

that would cause a failure of the OBD test. 

"Bulb Check" The MIL visual check, also known as the "bulb 

check," was recently incorporated by USEPA as part of its Amended 

OBD Rule to help ensure that the OBD system is fully functional 

(66 FR 18179, amending 40 CPR 85.2222(d) (4}). The MIL visual 

check requires an inspector to determine whether the vehicle's l 

MIL illuminates while the vehicle ignition is in the keyon/engine-off position. If the MIL does not illuminate, even 

momentarily, then the vehicle will fail the OBD test, even if the 

MIL h::h:::e b::: :::::::e:.::· designedJ;lith a built·in check of 

the MIL that allows technicians to chei~ for MI L illumination 

when the ignition is in the key-on/engine-off position. The MIL 

should illuminate for at least a few seconds, eve n if the MIL has 

not been commdnded on. For the OBD system to operate as designed, 

it must be able to alert the motoris t, through the illumination 

of the MI L, when a moni tor de t e c t s a condition like ly to produce 

a component or system failure. If the MIL is not functioning, the 

onl y time an OBD emiss ion problem wi ll be i dentified i s whe n the 

vehicle is tested in an OBD-I/M test lane. 

9 
The Agency initially opposed adding}the bulb check in its i. 

comments to the proposed Amended OBD RulJr fearing it might 

li 

confuse inspectors (66 FR 18170). However, we now conclude that 

the benefit to the motorist of being immlJiately aware of a 

potential emissions-related problem (and correcting the problem 

outside of the test-cycle), will make the bulb check an important 

part of the OBD testing program. The Agency believes that 

increased training given to inspectors will reduce the 

possibility of confusion on their part. 

3. section 240.193 ~ompliance Determination 

The Agency proposes to amend this section to clarify that 

the "inspection" of any vehicle fault codes actually consists of 

the electronic retrieval of these stored fault codes. 

10 
VIII. CONCLUSION 

WHEREFORE, for the reasons stated above, the Agency hereby 

submits this regulatory proposal and requests the Board to adopt 

these rules for the State of Illinois . 

DATED: August 17, 2001 

1021 North Grand Avenue, East 

Springfield, Illinois 62794 

217/782-5544 

Respectfully submitted, 

11 

THIS FILING IS SUBMITTED ON 

RECYCLED PAPER 
/ 

1: 

SUMMARY OF TESTIMONY 

OF ELIZABETH R. TRACY 

IN SUPPORT OF 

PROPOSED AMENDMENTS TO 

35 ILL. ADM. CODE PART 240 

AUGUST2001 

Illinois Environmental Protection Agency 

Bureau of Air 

Division of Vehicle Inspection and Maintenance 

1021 North Grand Avenue, East 

Springfield, IL 62794 
SUMMARY OF TESTIMONY 

The purpose of the Agency's proposed amendments to 35 Ill. Adm. Code Part 240 is to 

incorporate necessary flexibility into the standards for the on-board diagnostic ("OBD") 

portion of the Enhanced Inspection and Maintenance test. 

Proposed On-Board Diagnostic Testing Amendments: 

Ulinois' vehicle emissions test contractor, Envirotest Illinois, Inc., is perfonning 

"advisory" OBD testing on model year 1996 and newer vehicles. The OBD test program 

is required to accurately read diagnostic information reflecting the "health" of various, 

important emissions control components and systems as recorded by a vehicle's 

computer. This is used to detennine a vehicle's compliance with applicable OBD 

standards set for these emissions control components and systems. Under "advisory" 

testing, the OBD test is attempted by our test contractor to be perfonned on 1996 and 

newer vehicles, and if readings can be pbtained, the owners of these vehicles are 

informed whether or not their vehicle would have passed the test. Under "advisory" 

OBD testing, these vehicles do not fail the entire emissions tP.st if they do not receive 

passing readings on the OBD test. 

Under current fcdP.ral rules, our state implementation plan for meeting required ozone 

standards, and in the Board's Part 240 rules, Illinois is required to convert the "advisory" 

OBD test to a "pass/fail" OBD test on January l, 2002. From that point onward, vehicles 

receiving the OBD test would have to pass it along with the other elements of the vehicle 

emissions test. The Agency's proposed amendments do incorporate a provision which 

would allow extension of the January 1, 2002 date to January 1, 2003, should the Agency 

request, and the USEPA approve, this extension. The Agency may choose to apply for 

the extension if, based upon our analysis of the readiness of the emi~:>sions test contractor 

to successfully begin pass/fail OBD testing and other considerations, such as necessary 

public outreach.·· · · · · · ·· ···· --- ·-·-· 

During the past several years, the United States Environmental Protection Agency 

(referred afterwards as "USEPA"), and several states conducting OBD tests encountered 

difficulties with insuring that all post 1996 vehicles equipped with OBD equipment can 

be accurately tested. Recent USEPA rules and guidance, detailed by the Agency's 

technical staff, will help insure the accuracy and completeness of the OBD test. The 

Agency is proposing that the Board adopt these revised standards, which, when combined 

with revised Agency procedures, will provide increased accuracy and convenience to 

motorists required to receive the OBD test. · 
SUMMARY OF TESTIMONY 

OF MICHAEL HILLS 

IN SUPPORT OF 

PROPOSED AMENDMENTS TO 

35 ILL. ADM. CODE PART 240 

AUGUST2001 

Illinois Environmental Protection Agency 

Bureau of Air 

Divi~ioll .~rvehL~~~.I_I!~E~~!i~_!l ~J.ld 1\!~intenance 

1021 North Grand Avenue, East 

Springfield, IL 62794 
I o~.:i.'.·. ~w­ 'g 

~)~ 

SUMMARY OF TESTIMPNY 

As a result of amendments made by the United States Envirorunental Protection Agency 

(USEPA) as part of its April 5, 2001 rutemak.ing ("Amendments to Vehicle Inspection 

Maintenance Program Requirements Incorporating the Onboard Diagnostic·Check; Final 

Rule", 66 FR 18156), the Agency is proposing to modify the standards for OBD testing. 

The amendments include the simplification of the list of diagnostic trouble codes (DTC) 

that constitute the OBD failure criteria, and the addition of a malfunction indicator light 

(MlL) visual check. 

Currently, the OBD standards identify a subset of power train DTCs that are relevant for 

I!M purposes. DTCs are alphamuneric codes that are set in a vehicle's OBD system when 

<mlonitor detects a condition likely to lead to (or has already produced) a component or 

system failure, or otherwise contribute to exceeding applicable emission standards. If a 

vehicle is identified through the OBD inspection as having a MIL commanded on for one 

or more of these power train DTCs, then the standards require that the vehicle fail the 

inspection. In an attempt to simplify these failure criteria, USEPA amended their OBD 

standards to require the failure of a vehicle for the presence of illlY DTC that results in the 

· Mib being commanded· on.- - - - - -· - - - - · - · - -· - ·· - - - - - - - - - -

Because USEPA regulations require that the MIL only be illuminated for emissionrelated malfunctions, non-emission related components and systems malfunctions would 

not result in the MIL being commanded on. In order for the vehicle to fail for OBD-I!M 

inspection, DTCs must be pres~nt and the I'vfiL must be commanded on. Therefore, the 

need for a specific list of emission related DTCs in the OBD test standards is 

unnecessary. Furthermore, the USEPA has examined data from over 300,000 OBD-I!M 

checks performed in actual 11M lanes and has not found a single instance where the 

presence of a non-emission related DTC resulted in the failure of a vehicle for the OBD 

test. Therefore, in order to simplify the OBD test procedure, the Age.ncy proposes that the 

list of OBD DTCs be dropped from the standards. 

The MIL visual check, also known as the "bulb check," was added by the USEPA in the 

AprilS, 2001 rulemaking to ensure that the OBD system is fully functional. The MIL 

visual check requires the lane inspector to determine whether the vehicle's MIL 

illuminates while the vehicle ignition is in the key-on/engine-off position. If the :MIL 

does not illuminate, even momentarily, then the vehicle will fail the OBD test, even if the 

MIL has not been commanded on. 

Vehicle OBD systems were designed with a built-in check of the MIL that allows 

technicians to check for MIL illumination when the ignition is in the key-on/engine-off 

pQ_sitiQJJ, ThQ MrL. ~!wuld.illumiuateJorat least afew s.econds, even if the MlL has not 

been commanded on. For the OBD system to operate as designed, it must be able to alert 

the motorist, through the illumination of the MfL, when a monitor detects a condition 

likely to produce a component or system failure. If the MIL is not functioning, the only 

time an OBD emission problem will be identified is when the vehicle is tested in an 

OBD-IIM test lane. With a properly functioning MIL the motorist will be made aware of 

1 
an OBD emission problem the moment it occurs. Therefore, in order to increase the 

llkelihood of vehicle emission related problems being corrected by the motorist outside 

the normal LfM testing cycle, the Agency is proposing to add the !vfiL visual check to the 

list of standards for the OBD test. 

2 
. ' , 

f 

TECHNICAL SUPPORT DOCUMENT: 

PROPOSED AMENDMENTS TO 

35 ILL. ADM. CODE 240 

AUGUST2001 

Illinois Environmental Protection Agency · 

. -Bureau-Of-Ai.r- - . . 

Division of Vehicle Inspection and Maintenance 

1021 North Grand Avenue East 

Springfield, IL 62794 
SUMMARY 

The Illinois Environmental Protection Agency (''Illinois EPA") is proposing to revise the 

on-board diagnostic (OBD) test standards contained in 35 Ill. Adm. Code 240. These 

modifications are the result of amendments made by the United States Environmental 

Protection Agency (USEPA) as part of its AprilS, 2001 rulemaking ("Amendments to 

Vehicle Inspection Maintenance Program Requirements Incorporating the Onboard 

Diagnostic Check; Final Rule", 66 FR 18156). The amendments include the 

simplification of the list of diagnostic trouble codes (DTC) that constitute the OBD 

failure criteria, and the addition of a malfunction indicator light (MIL) visual check. 

DIAGNOSTIC TROUBLE CODE FAILURE LIST 

Currently, HJinois EPA regulations identify a subset of power train DTCs that are 

relevant for liM purposes. DTCs are alphanumeric codes that are set in a vehicle's OBD 

system when a monitor detects a condition likely to lead to (or has already produced) a 

component or system failure, or otherwise contribute to exceeding applicable emission 

standards. If a vehicle is identified through the OBD inspection as having a MIL 

commanded on fo"r"one· or more of these power train DTCs, then the regulations require 

that the vehicle fail the inspection. In an attempt to simplify these failure criteria, USEPA · 

amended the standards to require the failure of a vehicle for the presence of~ DTC that 

results in the MIL being commanded on. The Illinois EPA proposes that this simplified 

list be adopted. 

Because USEPA regulations require that the MIL only be illuminated for emissionrelated malfunctions, non-emission related components and systems malfunctions would 

not result in the MIL being corrunanded on. ln order for the vehicle to fail for OBD-IIM 

inspection, DTCs must be present and the MIL must be commanded on. Therefore, the 

need for a specific list of emission relatedDTCs in the ·oBD test standards is · 

unnecessary. Furthennore, the USEPA has examined data from over 300,000 OBD-IIM 

checks performed in actual liM lanes and has not found a single instance where the 

presence of a non-emission related DTC resulted in the failure of a vehicle for the OBD 

test.t i 

1' 

~ 

MALFUNCTION INDICATOR LIGHT VISUAL CHECK 

; ~ The MIL visual check, also known as the "bulb check,'Jwas added by the USEPA to 

ensure that the OBD system is fully functional. The Mif-fvisual check requires the lane 

inspector to look for the MIL to illuminate while the veJUcle ignition is in the key- · 

on!engine-off-position.-If-the-MIL-does·not illuminate; even for a second, then the vehicle 

will fail the OBD test, even if the MIL has not been commanded on. · 

Vehicle OBD systems were designed with a built-in check of the MIL that allows 

technicians to check for MIL illumination when the ignition is in the key-on/engine-off 
position. The MIL should illuminate for at least a few seconds, even if the MIL has not 

been commanded <m. f•or the OBD system to operate as designed, it must be able to alert 

the motorist, (hrough the illumination of the MIL, when a monitor detects a condition 

likely to produce a component or system failure. If the MIL is not functioning, the only 

time an OBD emission problem will be identified is \Vhen the vehicle is tested in an 

OBD-IJM test l~e. With a properly functioning MIL the motorist will be made aware of 

an OBD emission problem the moment if occurs. This will increase the likelihood of.. 

vehicle emission related problems being corrected outside the normal I/M testing cycle. 

REFERENCES 

l. United States Environmental Protection Agency, "Performing Onboard 

Diagnostic System Checks as Part of a Vehicle Ihspection and Maintenance 

Program," Report EPA420-R-Ol-015, June 2001. 
625 ILCS 51 Illinois Vehicle Code 

Illinois Compiled Statutes 

Vehicles 

Illinois Vehicle Code 

625 ILCS 5/ 

[HOME) [CHAPTERS] [PUBLIC ACTS] (SEARCH] [BOTTOM) 

(625 U~CS 51) 

CHAPTER 13B. EHISSION INSPECTION 

(625 ILCS S/l3B-l) 

Sec. 13B-1. Short title. This chapter may be cited as the Vehicle 

Emissions Inspection Law of 1995. 

(Source: P.~. 88·533.) 

(625 !LCS S/l3B·S) 

Sec. 13B-5. Definitions. i~r the purposes of this Chapter: 

Page 1 of 10 

"Affected counties" means Cook County; DuPage County; Lake County; 

those parts of Kane County that are not included within any of the 

following ZIP code areas, as designated by the u.s. Postal Service on 

the effective date of this amendator; Act of 1994: 60109, 60119, 60135, 

6014.0, 60142, 60144,60147, 60151, 60152,60178, 60182, 60511, 60520, 

60545, and 60554; those parts of Kendall County that are not included 

within any of the following ZIP code areas, as designated by the U.S. 

Postal Service on the effective date of this amendatory Act of 1~~4: 

60447, 60512, 60~36, 60537, 60541, those parts of 60543 that are not 

within the census defined urbanized area, 60545, and 60560; those parts 

of McHenry County that are not included within any of .the following ZIP 

code areas, as designated by the U.S. Pontal Service on the effective 

date of this amendatory Act of 19~4: 60001, 60033, 60034, 60071, 60072, 

60097, 60098, 60142, 60152, and 60180; those parts of Will County that are not incl~ded within any of the ·following ZIP code areas, as 

designated by the U.S. Postal Service on the effective date of this 

amendatory Act of 1994: 60401, 60407, 60409, 60410, 60416, 60418 1 60421, 

60442, 60447, 60468, 60481, 60935 and 60950; those parts of Madison 

County \hat are not included within any of the following ZIP code areas, as designated by the U.S, Postal Service on the effective date of this 

amendatory Act of 1994: 62001, 62012, 62021, 62026, 62046, 62058, 62061, 

62067, 62074, 62088, 62097, 62249, 62275, and 62281; those parts of 

Monroe County that are not included within any of the following ZIP code 

areas, as designated by the U.S. Postal Service on the effective date of 

this amendatory Act of 1994: 62244, 62248, 6?256, 62261, 62276, 62278, 

62279, 62295, and 62298; and those p~rts of St. Clair c~ 1nty that are 

not :ncluded within any of the following ZIP code areas, as designated 

by the U.s. Postal Service on the eff~:ctive date of this amendatory Act 

of 1994: 62224, 62243, 62246, 62254, \'2255, 62257, 62258, 62260, 62264, 

62265, 62269, 62276, 62282, 62285, 6228:J, and 62298. 

~Board• means the Illinois Pollution Control Board. 

"Inspection area" means cook county, DuPage County, Lake County and 

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

Clair Counties included in the definition of •affected counties". 

"Owner" means the registered owner of the vehicle, as indicated·on 

the vehicle's registration. In the case of an unregistered vehicle, 

"owner" has the meaning set forth in Section l-155 of this Code. 

"Program" means the vehicle emission inspection program established 

s.state.il.us/ilcs/ch625/ch625act5articles/ch625act5Sub72.htm 
625 ILCS 51 Illinois Vehicle Code 

under this Chapter. 

"Resident " includes natural persons, foreign and domestic corporat ion~. partnerships, associations, and all other commercial and 

governmental entities. For the purpose of determining residence, the 

owner of a vehicle shall be presumed to reside at the address indicated 

on the vehicle's registration. ~ governmental entity, including the 

federal government and its agencies, and ·any unit of local government or 

school district, any part of which is located within an affected county, 

·shall be deemed a resident of an affected county for the purpose of any 

vehicle that is owned by the governmental entity and regulc.rly operated 

in an affected county. 

"Registration" of a veh icle means its registration under Article IV 

of Chapter 3 of this Code. 

(Source: P.A. 90-89, eff. 1-1-98.) 

(625 ILCS 5/13B-10) 

Sec . 13B-10. Program. (a) The Agency shall establish a program to begin January 1, 1995, 

to reduce the emission of pollutants by motor vehicles. At a minimum, 

this program shall provide for all of the following: 

(1} The inspection of certain motor vehicles every 2 years, as 

required under Section 13B-15. 

{2) The establishment and operation of official inspection 

stations. 

(3) The designation of official test equipment and testing 

procedures. 

(4) The training and supervision of inspectors and other 

personnel. 

(5) Procedures to assure the correct operation, maintenance 

and calibration of test equipment. 

(6) Procedures for certifying test results and for reporting 

and maintaining relevant data and records. 

(bl The Agency shall provide for the operation of a sufficient 

number of official inspection stations to prevent undue difficulty in 

obtaining the inspections required under this Chapter. In the event that 

the Agency operates inspection stations or contracts with one or more 

parties to operate inspection ~tations on its behalf, the Agency shall 

endeavor to: {i) locate · the stations so that the owners of vehicles 

subject t o inspection reside within 12 miles of an official inspection 

station; and {ii) have sufficient inspection capacity at the stations so 

that the usual wait before the start of an inspection does not exceed 20 

minutes. 

(Source: P.A. 88-533.) 

(625 ILCS 5/l3B-15) 

Sec. 13B-1S. Inspections. 

{a) Beginning with the implementation of the program required by 

this Chapter, every motor vehicle that is owned by a resident of an 

affected county, other than a vehicle that is exempt under subsection 

{f ) or (g), is subject to inspection under the program. 

Page 2 of 10 

The Agency shall send notice of the assi gned inspection month , at 

least 15 days before the beginning of the assigned month, to the owner 

of each vehJ.cle subject to the program. For a vehicle that was subject 

to inspection before the effective date of this amendatory Act of 1994 

and for which an initial inspection sticker or initial inspection 

certificate has already been issued, the month to be assigned by the 

Agency for that vehicle shall not be earlier than the current assigned ' 

month, unless so requested by the owner. If the assigned month is later 

than the current assi gned month, the Agency shall issue either a 

corrected inspection sticker or corrected certifi cate for that vehicle. 

Initial emission inspection stickers or initial inspection 

certificates, as the case may be, expire on the last day cf the third 

month following the month assigned by the Agency for the first 

inspection of the vehicle. ~enewa1 inspection stickers or certificates 

s.state.il.u. 'ilcs/ch625/ch625act5articleslch625act5Sub72.htm 
•' 

625 ILCS 5/ Illinois Ve~icle Code 

expire on the last day of the third month following the month assigned 

for inspection in the year in which the vehicle's next, inspection is 

required. 

The Agency or its agent may issue an interim emission inspection 

sticker or certificate for any vehicle subject to inspection that does 

not have a currently valid emission inspection sticker or certificate at 

the time .the Agency is notified by the Secretary of State of its 

registration by a -new owner, and for which an initial emission 

inspection sticker or certificate has already been issued. Interim 

emission inspection stickers or certificates expire no later than the 

last day of the sixth complete calendar month after the date the Agency 

issued the interim emission inspection sticker or certificate. 

The o~~er of each vehicle subject to inspection shall obtain an 

emission inspection sticker or certificate for the vehicle in accordance 

with this subsection. Before the expiration of the emission inspection 

sticker or certificate, the owner shall have the vehicle inspected and, 

upon demonstration of compliance, obtain a renewal emission inspection 

sticker or certificate. A renewal emission. inspection sticker or 

certificate shall not be issued more than 5 months before the expiration 

date of the previous inspection sticker or certificat~. 

(b) Except as provided in subsection (c}, vehicles shall be 

inspected every 2 years on a schedule that begins either in the second, 

fourth, or later calendar year after the vehicle model year. The 

beginning test schedule shall be set · by the Agency and shall be 

consistent with the s'tate' s requirements for emission reductions as 

determined by the . applicable United States Environmental Protection 

Agency vehicle emissions estimation model and applicable guidance and 

rules. 

(c) A vehicle may be inspected out of its 2~year inspection 

schedule when a new owner acquires the vehicle and it should have been, 

but was not, in compliance with this Ar.t when the vehicle was a~quired 

by the new owner. 

(d) The owner of a vehicle subject to inspection shall have the 

vehicle inspected and obtain and display on the vehicle or carry within 

the vehicle, in a manner specified by the Agency, a valid unexpired 

emission inspection sticker or certificate in the manner specified by 

the Agency. 

k~y person who violates this subsection (d) is guilty of a petty 

offense, except that a third or subsequent violation within one year of 

t he first viol a tion is a Class c mis demeanor. The fine imposed for a 

violation of this subsection shall be not less than $50 if the violation 

occurred within 60 days following the date by which a new or renewal 

emission inspection sticker or certificate was required to be obtained 

for the vehicle, and not less than $300 if the violation occurred more 

than 60 days after that date . (e ) (1) For a $20 f ee, to be paid into the Vehicle I nspection Fund, the Agency shall inspect: 

(A) vehicles operated on federal installations within an 

affected county, pursuant to Title 40, Section 51.356 of the Code of 

Federal Regulations. 

(B) Federally owned vehic les operated in affected counties. (2) For a fee of $20, t o be pa id i nto the Vehic le Inspection Fund, 

the Agency may inspect: 

(A) Vehicles registered in and subj ect to emission 

inspections requirements of another state. 

(B) Vehicles presented for inspection on a voluntary basis. 

ll.ny fees col lected under this s ubsection shall not offset normally 

appropriated Motor Fuel Tax Funds. 

(f) The following vehicles are not subject to inspection: 

(1) Vehicles not subject to registration under Article IV of 

Chapter 3 of this Code , other than vehi~les owned by the federal 

government. 

(2) Mot crcycles, motor driven cycles, and motorized 

pedalcyclea. 

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Page 3 of 10 
625 ILCS 51 Illinois Vehicle Code 

(3) Farm vehicles and implements of husbandry. 

(4) Implements of warfare owned by the State or federal 

government. 

(S) Antique vehicles and vehicles of model year 1967 or 

before. 

(6) Vehicles operated exclusively for parade or ceremonial 

purposes by any veterans, fraternal, or civic organizati9n, 

organized on a not-for-profit basis. . (7) Vehicles for .which a Junking Certificate has been issued 

by the Secretary of State under Section 3-117 of this Code. 

(B) Diesel powered vehicles, and vehicles that are powered 

exclusively by electricity. 

(9) Vehicles operated exclusively in organized amateur or 

professional sporting activities, as dsfined in the Environmental 

Protection Act. 

(10} Vehicles registered in, subject to, and in compliance 

with the emission inspection requirements of another state. 

The Agency may issue temporary or permanent exemption stickers or 

certificates for vehicles temporarily or permanently exempt from 

inspection under this subsection (f) . An exemption sticker or 

certificate does not need to be displayed. 

(g} According to criteria the Agency may adopt, a motor vehicle may 

be exemp t ed from the inspection requirements of this section by the 

Agency on the basis of an Agency determination that the vehicle is 

located and primarily used outside of the affected counties or in other 

jurisdictions where vehicle emission inspections are not required. The 

Agency may issue an annual exemption eticker or certificate without 

inspection for any vehicle exempted from inspection under this 

subsection . (h) Any owner or lessee of a fleet of 15 or more motor vehicles 

which are subject to inspection under this Section may apply to the 

Agency for a permit to establish and operate a Private Official 

Inspection Station. 

( i ) Pursuant to Title 40, Section 51.371 of the Code of Federal 

Regulations, the Agency shall establish a program of on-road testing of 

in-us e vehicles through the use of remote sensing devices. The Agency 

shall evaluate the emission performance of 0.5% of the subject fleet or 

20,000 vehicles, whi chever is less. Under no circumstances shall on-road 

testing include any sort of r oadblock or roadside pullover or cause any 

type of traffic delay. 

If, during the course of on~road inspections, a vehicle is found to 

exceed the on-road emissions standards established for the model year 

and type of vehicle, the Agency shall send a notice to the vehicle 

owner. The notice s hall document the occurrence and results of on-road 

exceedances. The notice of a second on-road exceedance shall indicate 

that the vehicle has been reassigned and is subject to an out-of- cycle 

follow-up inspection at an official inspection station. In no case shall 

the Agency s end a notice of an on-road exceedancel ? to the owner of a 

vehicle that was found to exceed the -ro\~ emission standards 

established for the model year and type of vehicle if the vehicle is 

registered outside of the affected counties. ~.$ (Source: P.A. 9 0 -475, eff. B-17-97.) ·~· 

(625 ILCS S/ 13B-2 0) 

Sec. 13B-20. Rules and standards, (a) The Agency shall propose standards necessary to achieve 

reductions in the emission of hydrocarbons, carbon monoxide, and oxides 

o f nitrogen from motor vehicles subject t o inspection under this 

chapter. Wi thin 120 days after the Agency proposes these standards, the 

Board shall adopt rules ~stablishing standards for the emission of 

hydrocarbons, carbon monoxide, and oxides of nitrogen from motor 

vehicles subject to inspection under this Chapter. These rules may be 

amended from time to time pursuant to Agency proposals. The Board shall 

eet standards necessary to achieve the reductions in vehicle 

http://www.legis.state.il.us/ilcs/ch625/ch625act5articles/ch625act5Sub72.htm 

Page 4 of 10 
625 ILCS 51 Illinois Vehicle Code 

hvdrocarbons, 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, required by the federal Clean Air Act. A predetermined rate of failure shall not be used in dete.rmining standards necessary to achieve the reductions in vehicle hydrocarbons, carbon monoxide and oxides of nitrogen emissions. The emission standards established by the Board for vehicles of model 

year 1981 or later shall · be identical in substance, as defined in 

Section 7.2{a) of the Environmental Protection Act, to the emission standards promulgated by the United States Environmental Protection Agency. 

If the Administrator of the United States Environmental. Protection Agency finds that oxides of nitrogen emission reductions are not beneficial under Title 40, Section 51 . 351 {d) . of the Code of Federal Regulations, the Euard shall not ·adopt rules establishing such standards 

for the emission of oxides of nitrogen under thief Chapter. Any rules establishing these standards that have already peen adopted before the findings by the United States Environmental Prote~tion Agency shall be repealed by the Board by preemptory rulemak ~g under the Illinois Administrative Procedure Act upon petition by thei Agency. Except as other~ise provided in this subsectibn, subsection (b) of Section 27 of the Environmental Protection Act and the rulemaking provisions of the Illinois Administrative Procedure Act shall not apply to rules adopted by the Board under this subsection. Challenges to the validity of rules adopted by the Board under this subsection (a) may only· be brought by filing a petition for review in the Appellate Court under Section 29 of the Environmental Protection Act within 35 days after the rule is filed with the Secretary of State. 

(b) The Agency shall establish, and may from time to time amend, procedures designed to i mplement this Chapter. · (Source: P.A. 88-533.) 

(625 ILCS 5/l3B-25) 

Sec. 13B-2S . Performance of inspections. 

Page 5 of 10 

(a ) The inspection of vehicles required under this Chapter shall be performed only: (i) by i nspectors who have been certified by the Agency afte~ successfully completing a course of training and successfully passing a written test; (ii) at official inspection stations or official on-road inspection sites established under this Chapter; and (iii) with equipment that has been approved by the Agency for these inspections. (b) Except as provided in subsections (c) and {d) , the inspection shall consist of (i) a loaded mode exhaust gas analysis; (iii an 

evaporative system integrity test; (iii) an on-board computer diagnostic system check; and {iv) a verification that all required emission-related recall repairs have been made under Title 40, Section 51.370 of the Code of Federal Regulations , and may also include an evaporative system purge test. The owner of the vehicle or the owner's agent shall be entitl ed to 

an emission inspection certificate issued by an inspector only if all required tests are passed at the time of the inspection. (c ) A steady-state idle exhaust gas analysis may be substituted for the loaded mode exhaust gas analysis and the evaporative purge system test in the following c ases: 

(1 ) On any vehicle of model year 1980 or older. 

(2) On any heavy duty vehicle with a manufacturer gross vehicle weight rating in excess of 8, 500 pounds. (3 ) On any vehicle for which loaded mode testing is not possible due to vehicle design or configuration. 

(d) A steady-state idle . gas analysis may also be substituted for the new procedures specified in subsection {b) in inspections conducted in calendar year lS95 on any vehicle of model year 1990 or elder. (e) The exhaust gas analysis shall consist of a test of an exhaust 

gas sample to determine whether the quantiti~s of exhaust gas pollutants emitted by the vehicle meet the standards set for vehicles of that type under Section 13B-20. A vehicle shall be deemed to have passed this 
625 ILCS 51 Illinois Vehicle Code 

portion of the inspection if the evaluation of the exhaust gas sample 

indicates that the quantities of exhaust gas pollutants emitted by the 

vehicle do not exceed the standards set for vehicles· of that type under 

Section 1JB·20 or an inspector certifies that the vehicle qualifies for 

a waiver of the exhaust gas pollutant standards under Section 13B-30. 

{f) The evaporative system integrity test shall consist of a 

procedure to determine if leaks exist in all or a portion of the vehicle 

fuel evaporation emfssion control system. A vehicle shall be deemed .to 

have passed this test if it meets the criteria that the Board may adopt 

for an evaporative system integrity test. 

(g) The evaporative system purge test shall consist of a procedure 

to verify the purging of vapors stored in the evaporative canister. A 

vehicle shall be deemed to have passed this test if it meets the 

criteri a that the Board may adopt for an evaporative system purge teat. 

(h) The on-board computer diagnostic test ~hall consist of 

accessing the vehicle's on-board computer system. if so equipped, and 

reading any stored diagnostic codes that may be present. The vehicle 

shall be deemed to have passed this test if the c~des observed did not 

exceed standards set for vehicles of that type under section 13B·20. 

(Source: P.A. ·so-·ns, eff. B-17-97.) 

(625 ILCS 5/13B·30) 

Sec . 13B-30. Waivers. 

{a) The Agency shall certify that a vehicle that has failed a 

vehicle emission retest qualifies for a waiver of the emiseion 

inspection standards if the follo~ng criteria are met: 

(r) The vehicle has received all repairs and adjustments for 

which it is eligible under any emission performance warranty 

provided under Section 207 of the federal Clean Air Act. 

(2} The Agency determines by normal inspection procedures that 

the vehicle's emission control devices are present and appear to be 

properly connected and operating. 

(3) Consistent with Title 40, section 51.360 of the Code of 

Federal Regulations, for vehicles required to be tested under this 

Chapter, a min imum expenditure of at least $450 in emission-related 

repairs exclusive of tampering-related repairs have been made. 

(4) Repairs for vehicles of model year 1981 and later are 

conducted by a recognized repair technician. 

(5) Evidence of repair is presented consisting of either 

signed and dated receipts identifying the vehicle and describing the 

work performed and amount charged for eligible emission-related 

repairs, or an affidavit executed by the person performing the 

eligible emission related repairs. 

(6) The repairs have resulted in an improvement in vehicle 

emissions as determined by comparison of initial and final retest 

results. 

(b) The Agency may issue an emission inspection certificate to 

vehicles failing a transient loaded mode emission retest if a complete 

documented physical and functional diagnosis and inspection shows that 

no additional emission-related repairs are needed. This diagnostic 

inspection must be performed by the Agency or its designated agent and 

shall be available only to motorists whose vehicle was repaired by a 

recognized repair technician. 

Page 6 of 10 

{c) The Agency may extend the emission inspection certificate 

expiration date by one year upon receipt of a petition by the vehicle 

owner that needed repairs cannot be made due to economic hardship.· 

Consistent with Title 40, Section 51.360 of the Code of Federal 

Regulations, this extension may be granted more than. once during the 

life of the vehicle. 

(d) The Agency shall propose procedures, practices, and performance 

requirements for operation of vehicle scrappage programs by any person 

that wants to receive credits for cer~ain emissions reductions from 

these vehicles. The proposal shall include the method of vehicle 

selection, testing of vehicle emissions, documentation of annual vehicle 

s. state. i I. us/i I cs/ ch62 5/ ch62 5 act 5 arti c 1 es/ch6 2 5 actS Sub 72. htm 
625 U:cs 51 Illinois Vehicle Code 

miles 

emissions traveled, 

reductions determination 

credits

of emissions, and determination of 

the United States Environmental . Any applicable guidance available from Protection Agency regarding programs shall also these 

the Agency files 

be considered by the Agency . Within 160 days after 

scrappage programs. 

this proposal, the Board shall adopt rules for vehicle Subsection Protection Act (b) of .Section 27 of the Environmental 

Administrative Procedure 

and the rulemaking provisions of the Illinois 

Board under this subsection 

Act shall not apply to rules adopted by the (d). (e) The Agency may ~dopt procedures that are unable to purchase vehiclea for scrap 

motorists provide 

to meet emission inspection standards and for which 

that the cost 

a signed estimate from a recognized repair technician of emission-related amount equal to one-half repairs i 's expected to exc~ed an 

item (3) o f subsection 

of the current minimum expenditure required in 

procedures, they must 

(a) of this Section. If the Agency adopts such 

subsection (di . such procedures 

be included in the vehicle scrappage programs in 

private sector funding shall require the Agency to arrange for 

which will be purchased 

for the purchase of at least 90% of the vehicles 

for scrap. · (f) The Agency may issue an emission inspection certificate vehicles subject for 

primarily used 

to inspection under this Chapter that are located and 

requirements of 

in an area subject to t~e vehicle emission inspection 

issued under this 

another state. Emission inspection certificates shall be 

that the vehicle 

subsection only upon receipt by the Agency of evidence 

emission inspection 

has been inspected and is in compliance with the requirements and standards applicable or local jurisdiction whe~e 

in the state the vehicle is being used. (Source: P.A. 90-475, eff. B-17·97.) 

(625 ILCS 5)13B-35) 

responding 

Sec. 13B-35. 

to Inquiries. The Agency shall develop a means of 

concerning the program, 

inquiries from inspectors and members oE the public 

(ii) what kind including (i ) when inspections are required, 

inspection stickers 

of inspections are required, (iii) whether emission 

have been obtained, 

or certificates previously required for a vehicle 

conce~ning 

and (iv) the procedures for resolving disputes inspections. (Source: P.A. 98-533.) 

(625 ILCS S/13B 40) 

Page 7 of!O 

decision 

Sec. 

regarding 

lJB-40. Grievance procedure. Any person aggrieved by a 

waiver may file a 

the 

petition 

failure of 

with 

an emissions test or the denial of a 

decision was made, and the Agency within 30 days after the the Agency shall thereupon investigate matter. Within 45 days the 

shall submit after its receipt of the petition, the Agency 

written determination 

to the petitioner of 

and any affected inspector or station its 

decision complained of. 

the correctness or incorrectness of the 

The written determination statement of the shall include a 

decided by 

facts relied upon and the legal and technical issues 

an order directing 

the Agency in making its determination, and may also include 

certificate for 

the inspector (i) to issue ·an emission i nspection 

specify, (ii) 

the vehicle effective on such date as the Agency may to reinspect that the.Agency the vehicle, (iii) to apply the standards has determined 

other action 

to be applicable, or (iv) to take any 

that the Agency deems to be appropriate. In conducting investigation, the Agency m the ay req-..1ire the petitioner vehicle for inspection to present the 

written determination by the Agency or its designated agent. The 

circuit court in accordance 

of 

with 

the Agency shall be subject to review in 

Review Law, 

the provisions of the Administrative 

by the Board under 

except that no challenge to the validity of a rule adopted subsection the circuit court (a) of Section 13B-20 shall be heard by 

petition for review under 

if the challenge could have been raised in a timely Section 13B-20. (Source: P .A. 88-533.) 
625 ILCS 5/ Illinois Vehicle Code 

(62S ILCS S/l3B-45) 

Sec. 13B-45. Contracts. 

(a) The Agency may enter into contracts with one or more responsible parties to construct and operate official inspection 

stations, provide and maintain approved test equipment, administer 

tests, certify results, issue emission inspection stickers or cRrtificates, maintain records, train personnel, or provide information 

to the public concerning the program. 

These contracts {i) shall be subject to the Illinois Purchasing Act, 

(ii) may be for a ter.m of up to 9 years, (iii) shall be in writing, and 

(iv) shall not take effect until a copy of the contract is filed with 

the State Comptroller. 

(b) In preparing its proposals . for bidding by potential 

contractors, the Agency shall endeavor to include provisions relating to 

the following factors: 

(1) The demonstrated financial responsibility of the potential 

contractor. 

(2) The speciali~~d elCperience and technic.al competence of the 

potential contractor 1n connection with the type of services 

required and the complexity of the project. 

(3} The potential contractor's past record of performance on 

contracts with the Agency, with other government agencies or public 

bodies, and with private industry, including such items as cost, 

quality of work, and ability to meet schedules. 

(4) The capacity of the. potential contractor to perform the 

work within the time limitations. 

(Sl The familiarity of the potential contractor with the types 

of problems applicable to the project. 

(6) The potential cont~actor•s proposed method to a ccomplish 

the work required including, where appropriate, any demonstrated 

capability of exploring and developing innovative or advanced 

techniques and methods. 

{7) Avoidance of personal and organizational conflicts of 

interest prohibited under federal, State, or local law. 

(8) The potential contractor's present and prior involvement 

in the community and in the State of Illinois. 

(c) Any contr.act for the operation of one or more official 

inspection stations shall include a provision that the contrac tor shall 

not perform emission-related r·ep;Hrs or adjustments to vehi le~>, other 

than to the contractor's own vehicles, necessary to enable vehicle~ to 

pass Illinois emission inspections. 

(Source: P.A. 88-533.) 

(625 ILCS 5/lJB-50) 

Sec , 13B- 50. Costs . 

Page 8 of 10 

(a) Except as otherwise provided in subsection (P.) of Section 

13B-15, no fee shall be charged to motor vehicle owners for obtaining 

inspections required under this Chapter. The Vehicle Inspection Fund, wh ich is a f und created in the State treasury for the purpose of r ece i ving moneys from the Motor Fuel Tax Fund and other sources, shall 

be used, subject t o appropriation, for the payment of the costs of the 

program, including reimbursement of those agencies of the State that 

incur expenses in the administration or enforcement of the program. The 

Vehic l e Inspection Fund shall continue in existence notwithstanding the r epeal of Chapter 13A.. Any money in the Vehicle Inspection Fund on J a nuary 1, 1995 , s hall be used for t he purpose s set forth in this .• 

Chapter. 

(b) The Agency may acquire, own, maintain, operate, sell, lease and 

othe rwise transfer real and personal property and interests in real and 

personal property f or the purpose of cre ating or operating inspection 

stations and f or any other purpose relating to t he administration of 

this Chap t e r, and may use money from the Vehicle Inspec tion Fund for 

these purposes. 

s.state.il.us/ilcs/ch625/ch625act5articles/ch625act5Sub72.htm 
625 ILCS 5/ Illinois Vehicle Code 

(Source: P.A. 88-533.) 

(525 ILCS 5/138-55) 

Sec. 13B-SS. Enforcement. 

(a) The Agency shall cooperate in the enforcement of this Chapter by (i) identifying probable violations through compute~ matching of vehicle registration records and inspection records; (ii) sending one notice to each suspected violator identified through such matching, stating that registration and inspection records· indicate that the vehicle owner has not complied with this Chapter; (iii) directing the vehicle owner to notify the Agency or the Secretary of State if he or she has ceased to own the vehicle or has changed residence; and (iv) advising the vehicle owner of the consequences of violating this 

Chapter. 

The Agency shall cooperate with the Secretary of State in the administration of this Chapter and the related provisions of Chapter 3, and shall pr.ovide the Secretary of State with such information as the 

Secretary of State may deem necessary for theHe purposes, including regular and timely access to vehicle in$pection records. The Agency shall be reimbursed for the cost of providing this information. The Secretary of State shall cooperate with the Agency in the administration of this Chapter and shall provide the Agency with such i nfor mation as the Agency may deem necessary for the purposes of this Chapter, including regular and timely access to vehicle registration records. section 2-123 of this Code shall not apply to the provisio~ of t his information, but the secretary of State shall be reimbursed for the 

cost of providing the information. 

Page9of10 

(b) The Secretary of State shall suspend either the driving privileges or the vehicle registration, or both, of any vehicle owner who has not complied with this Chapter, if (i ) the vehicle owner failed to satisfactorily respond to the one notice sent by the Agency· under subsection (a), and (ii) the Secretary of State has mailed the vehicle 

owner a notice that the suspension will be imposed if the owner does not comply within a stated period, and the Secretary of State has not received satisfactory evidence of compliance within that period. The Secretary of Stnt e shall send this notice only after receiving a statement from the Agency that the vehicle owner has failed to comply with this section. Notice shall be eff~ctive as specified in subsection (c) of Section 6-211 of this Code. 

A suspension under· this s~bse~~ion shall not be t~r~ina~e~ until satisfactory proof of compliance has been submitted to the Secretary of State. No driver's license or permit, or renewal of a license or permit, may be issued to a person whose driving p4ivileges have been suspended under this Section until the suspension has been terminated. No vehicle registration or registration plate that has been suspended under this Section may be reinstated or renewed, or transferred by the 

owner to any other vehicle, until the suspension has been terminated. The filing fee for an administrative hearing to contest a suspension made under this Section shall be $20, to be paid by the vehicle owner at the time written request for the hearing is made to the Secretary of State. 

The Secretary of State may promulgate rules to enable him or her to 

carry out his or her duties under this Chapter. (Source: P.A. BB-533.) 

(625 ILCS 5/13B-60) 

Sec. 13B-60. Other offenses. 

(a) Any person who· knowingly displays an emission inspection• sticker or exemption sticker on any vehicle other than the one for which 

the sticker was lawfully issued in accordance with the provisions of this Chapter, or duplicates, alters, uses, possesses, issues, or distributes any emission inspection sticker, exemption sticker, inspection certificate, or facsimile the~eof, except in accordance with the provisions of this Chapter and the rules and regulations adopted 
625 U,CS 5/ lllinols.Vehicie Code Page 10 of 10 

hereunder, is guilty of ·a Class C misdemeanor. 

(b) A vehicle owner shall pay a monetary fine equivalent to the 

test fee plus the· applicable waiver repair expend;ture for the continued . operation of a noncomplying vehicle beyond 4 mone~s past the expiration 

of the vehicle emission inspection certificate. f,,j'Any fines collected 

under this Section shall be divided equally between the local 

jurisdiction issuingthe citation and the Vehicle Inspection Fund. 

(Source: P.A. SB-533.) ~· 

(625 ILCS 5/lJB-70) 

Sec. 13B-70. Legislative intent. It is the intent of the General 

Assembly that, to the greatest extent possible, .there be continuity in 

the operation of the Vehicle Emissions Inspection Programs under .this 

Chapter and Chapter l3A during the transition phase when certain 

affecteq counties become subject to the program under thi~ Chapter 

instead of the program under Chapter 13A. 

(Source: P.A. BB-533,) 

(625 ILCS 5/lJB-75) 

Sec. 13D-75. Home rule. Pursuant to subsections (h) and (i) of 

Section 6 of Article VII of the Illinois Constitution, the exercise by a 

home rule .unit of any power which is inconsistent with this Chapter is 

hereby specifically denied and preempted, and the vehicle emission 

inspection program created by this Chapter is hereby declared to be the 

subject of exclusive State jurisdiction. 

(Source: P.A. 88-533.) 

(TOP J 

http://www.legis.state.il.uslilcs/ch625/ch625act5articles/ch625act5Sub72.htm 
I 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

1) Heading of the Part: Mobile Sources 

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

3) Section Numbers: 

240.191 

240.192 

240.193 

!_reposed Action: 

Amended 

Amended 

Amended 

4) Statutory Authority: 

625 ILCS 5/138-20, and 415 ILCS 5/27 (2000) 

5) A Complete Description of the Subjects and Issues Involved: 

The proposed r~les contain modifications to the enhanced 

vehicle inspection and maintenance program currently being 

conducted in the metropolitan Chicago and Metro· East St. 

Louis areas. It incorporates certain "flexibil it ~~ to the 

current on-board diagnostic ("OED") test as authorized and 

required by the United States Environmental Protection 

Agency. These amendments should help ensure the accuracy of 

the OBD test, and reduce inconvenience to motorists whose 

vehicles are required to be tested using the OED test. It 

also incorporates the possibility of delaying the 

requirement for motorists to pass the OBD portion of the 

emissions test until Jant~.ary 1, 2003. The Agency and the 

Board are required by the Vehicle Emissions Inspection Law 

of 1995 to adopt these measures for the continuing 

implementation of the enhanced I/M program within 120 days 

of submittal [625 ILCS 5/138-20 (2000)]. 

6) Will this proposed rule replace an emergency rule currently 

in effect? Yes X No 

7) Does this rulemaking contain an automatic repeal date? 

Yes X No ~----------~~ 

8) Does this proposed rule (amendment, repealer) contain 

incorporations by reference? Yes 

9) Are there any other proposed amendments pending on this 

Part? No 
~~ ILLINOIS REGISTSR 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

10) Statement of Statewide Policy Objectives: 

These rules will enable Illinois to meet federal statutory 

requirements for enhanced I/M testing as required by the Clean 

Air Act, as amended in 1990 ("CAA"). These rules do not create 

or enlarge a state mandate as defined in 3D ILCS 805/3(b). 

11) Time, Place, and Manner in which interested person may 

comment on this proposed rulemaking: 

Send written comments concerning R02-

publication in the Illinois Register to: 

Dorothy Gunn 

Clerk of the Pollution Control Board 

100 West Randolph Street 

Suite 11-500 

Chicago, Illinois 60601 

and 

Christopher P. Deme roukas 

Assistant Counsel 

Illinois Environmental Protection Agency 

Division of Legal Counsel 

1021 North Grand Avenue , East 

Springfield, Illinois 62 794 

12) Initial Regulatory Flexibility Analysis: 

within 45 days of 

A) Date rule was submitted to the Business Assistance 

Office of the Department of Commerce and Community 

Affairs: N/A 

B) Types of small businesses affected: N/A 

C) 

D) 

Reporting, bookkeeping or other proc edures required for 

compliance: N/A 

Typee of professiona l skills necessary for compliance: 

N/A 

13) Regulatory agenda on which this rulemaking was summarized: 
July 2001 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED ~~ENDMENTS 

The full text of the Proposed Rule(s) begins on the next page: 
.. 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AME~IDMENTS 

TITLE 35 ': ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POI,LUTION CONTROL BOARD 

SUBCHAPTER k: EMISSION STANDARDS AND LIMITATIONS FOR MOBILE 

SOURCES 

Section 

240.101 

240.102 

240.103 

240.104 

240.105 

240.106 

Section 

240.121 

240.122 

240.123 

240.124 

240.125 

PART 240 

MOBILE SOURCES 

SUBPART ~: DEFINITIONS AND GENERAL PROVISIONS 

Preamble 

Definitions 

Prohibitions 

Inspection 

Penalties 

Determination of Violation 

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: HEAVY-DUTY DIESEL SMOKE OPACITY STANDARDS AND TEST 

PROCEDURES 

·section 

240.140 

240.141 

Applicability 

Heavy-Duty Diesel Vehicle Smoke Opacity Standards and 

Test Procedures 

SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS 

Section 

240.151 Applicability 
240.152 

240.153 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

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 

24 0.171 

240 . 172 

240.173 

Applicability 

Vehicle Exhaust Emission Start- Up Standards 

Vehicle Exhaust Emission Final Standards 

Vehicle Exhaust Emission Fast-Pass Standards 

r.~pliance Determination 

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 

240.181 

240.182 

240.183 

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 l>-. Rule into Section Table 

240 .Appendix B Section i nto Rule Table 

240.Table A 

240.Table B 

240.Table c 

Vehicle Exhaust Emission! Start-Up Standards 

Vehicle Exhaust Emission1 Final Standards 

Vef:icle Exhaust Emission: Fast-Pass Standards ".' 

AUTH~RITY: Implemeutiz:g Sections 9, lOj·iind 13 and authorized by 

Sect1on 27 of the Env1ronmental Protec ~n Act [415 ILCS 5/9 1 10, 

13, and 27] and Section 138-20 of the hicle Emissions 

Inspection Law of 1995 [625 ILCS 5/13B4iOJ. ~.< 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

SOURCE: Adopted as Chapter 2: Air ~ollution, Part VII: Mobile 

sources, fileu and effective April 14 , 1972; codified at 7 Ill. 

Reg. 13628; amended in RSS-25 , &t 10 Ill. Reg . 11277, 

effective June 16, 1986; amended i n R90-20 at 16 Ill. Reg . 

618 4, 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 Decernber 20, 1994 i amended in R98-24 at 22 

Ill. Reg. 13723, effective July 13, 1998; expedited correction 

at 22 Ill. Reg. 21120, effecti ve Jul y 13~ 1998; amended at 24 

Ill. Reg. 19188, effective December 18, 2ooo . 

. ~ BOARD NOTE : This pe1rt implements t ht:; Environmental Protect Lon 

Act as of J uly 1, 1994 . % • l 

NOTE: Capitalization denotes statutory language. 

SUBPART H: .ON-BOARD DIAGNOSTIC TEST STANDARDS 

Section 240 .191 Applicability 

The standards of this Subpart apply to 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 . However, this 

date shall be extended to January 1 , 2003 , if the Agency 

petitions the USEPA for such an extension, and the request for an 

extension is approved by the USEPA pursuant to 40 CFR § 

51.357 (a) (12). 

(Source : Amended at 

) 

Ill. Reg . 

Section 240 .192 On-Board Diagnostic Test Standards 

, e ffective 

Vehicles 

on -board 

a) 

subject to on-board diagnostic testing shall fail the 

diagnostic test if one of the following occurs: 

the vehicle connector is missing, has b een tampered 

with, or is otherwise inoperable ; or 
, 

\ 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

b) the malfunction indicator light is commanded to be 

illuminated and it is not visually illuminated 

according to visual inspection; or 

c) the malfunction indicator light is commanded to be 

illuminated for ttR-El any of the follm:ing on-board 

diagnostic trouble codes are present (where JE refers to 

any digit): i or 

1) An-y-PXlXXFuel and hir ~~cter ng codes 

*}-- Any PX2XX Fuel and Air Hetcring cedes 

3-1--- Any PX3XX Ig-nition system or Hisfire code-a 

4) }',ny PX4XX {\Ulti 1 ia ry Emission Controls codes 

5) POSOO Vehicle Speed Sensor ~1al function 

6-} POS01 Vehicle Speed Sensor Range/Malfunction 

7) P0502 Vehicle Speed Sensor Circuit Lo·.: Input 

Bi PG5 0 3 Vehicle SJ?ced BeflSOr 

Intermitteflt/Brratic/High 

~dle Centre-±-system t4al functiefi 

10) P0506 Idle Control System RPH Lmwr Than ER-pected 

11) POSG7 Idle Control 8)>'Stcm-RP~1 Higher Than Eltpeeted12) POSlO Closed Throttle Position 8Hit ch Halfunetion 

-l-3) POSSO Pmtcr Steering Pressure Sensor Circuit 

HalfunctiGR 

11) P0551 Por.t'Cr Steering Pressure Sensor Circuit 

Hal function 

15) P0552 Power Steer~.ng Pressure Sensor Circuit Low 

Input 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

16) P0553 Power Steering Pressure Sensor Circuit 

·Intermitten£-

17) P0554 Power Steering Pressure Sensor Circuit 

ffitermittent 

18) P0560 Cyotem Voltage ~4alfunction 

19) P0561 System Voltage Unotab:!.e 

20) P0562 8ystem Voltage LmJ 

21) ~3 System !.ro±tage High 

73--2) .'my PX6XX Computer and Output Circuits Codes 

-23) P0703 Brake s·.,•itch I~ 

24) P0705 Tr~isoion Range Sensor Circuit 

Malfunction (PRNDL Input) 

25) P0706 Transmission Range Sensor Circuit 

Range/Performance 

26) P0707 Transmission Range Sensor Circuit 

27) P0708 Transmission Ran~ Circuit 

28) P0709 Transmission Range Scmoor Circuit 

Intermittent 

Lo~• 

High 

Input 

Input 

29) P0719 Torque Convortcr/Bralce Bviteh "Bu Circuit 

Lew 

30) P0720 Output Speed Sensor Circuit Malfunction 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

31) P0721 Out put Speed Sensor Circuit 

Range/Performance 

-32) P0722 O~t Speed Sensor Circuit No Signal 

33) P0723 0\±t-p~t Speed Sensor Circuit Int~--t-eftE34) P072 4 Torque Conve-I:-ter/Bral\c Suitch "B" Circuit 

~ 

35) P0725 Engine Speed Input Circuit ~4al function 

36) P0726 Engine Speed Input Circuit Range/Performance 

P0727 Engine Speed Input Circuit No Signal 

38) P0728 Engine 8pee€l Inp1::1t Cirel:lil: In!:.erH'.iE!::CRt 

39) P0740 Torque Converter Cll:l!::Ch System Malfunction 

40) P0741 Torq1::1e Conver ter System Performance or Stuclt 

41) P0712 Torq1::1e CofW'e*ter System Stuck On 

42) P0743 Torq1::1e Converter System Electrical 

43) P0744 Torq1::1e Converter System Intermittentthe malfunction indicator light (MIL) does not 

illuminate at a l l when the vehicle 

on/engine-off condition . 

(Source: Amended at 

) 

Ill. Reg. 

Section 240 . 193 Compliance Determination 

is in the key-

______ , effective 

Compliance shall be determined based upon the inspection of the 

on-board diagnostic vehicle connector, malfunction indicator 

light, and electronic retrieval of data stored in the vehicle's 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDt'1ENTS 

on-board diagnostic system fault codes using the on-board 

diagnostic test procedures that ;;ill be adopted by the Agency in 

35 Ill . Adm. Code 276 . 

(Source: Amended at Ill. Reg. , effective ------ ) 
STATE OF ILLINOIS 

ss 

COUNTY OF SANGAMON 

PROOF OF SERVICE 

I, the undersigned, on oath state that I have served the attached Agency Regulatory 

Proposal, Motion for Acceptance and Appearance upon the person to whom it is 

directed, by placing a copy in an envelope addressed to: 

Matthew Dunn Legal Services 

Enviro!Unental Bureau Illinois Department of Natural 

Office of the Attorney General Resources 

188 West Randolph, 20th Floor 524 S:outh Second Street 

Chicago, Illinois 60601 Sprinkfield, Illinois 62701-1787 

(First Class Mail) (Firsi pass Mail) 

and mailing these copies from Sprin.gfield, Illinois on ~tgust 6, 2001 with sufficient 

postage affixed as indicated above. Ji 

Dorothy M. Gunn 

Illinois Pollution Control Board 

State of Illinois Center 

100 West Randolph St., Suite 11-500 

Chicago, Illinois 6060 1 

(First Class Mail) 

~~~·~·~~~~·)~,~·:·~~~~~~~~~~~~~~~ 

.:. OFFICIAl SEAl ·~· 

:~: JERI A. DAILY :1: 

:l: NOTAflY PUBLIC, STATE OF IlLINOIS :t: :~ MY COMMISSION EXPiRES 3·1·2004 .;: ~~~··:··>~~··:·~·~·:·~~~··~·~~~~~~~~·~~~~ 

SUBSCRIBED AND SWORN TO BEFORE ME 

this 17111 day of August 2001. 

Notubiic 

THIS FILING IS SUBMITrED ON RECYCLED PAPER 

Attachment 33

Proposed Rule, Proposal for Public Comment 

Opinion and Order of Board by T.E. Johnson 

dated August 23, 2001 
ILLINOIS POLLUTION CONTROL BOARD 

August 23, 2001 

IN THE MATTER OF: 

ENHANCED VEHICLE INSPECTION AND 

MAINTENANCE (I/M) REGULATIONS:

AMENDMENTS TO 35 ILL. ADM. CODE 

240.191 – 240.193 

)

)

)

)

)

)

 R02-8 

 (Rulemaking - Air) 

Proposed Rule. Proposal for Public Comment.

OPINION AND ORDER OF THE BOARD (by T.E. Johnson): 

On August 20, 2001, the Illinois Environmental Protection Agency (Agency) filed a 

proposal to amend the Board’s regulations on inspecting and maintaining vehicles to control air 

emissions. Today, the Board accepts the Agency’s proposal for hearing. 

BACKGROUND

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

(c)) require states to implement vehicle “inspection and maintenance” (I/M) programs in areas 

that do not meet National Ambient Air Quality Standards (NAAQS) for ozone or carbon 

monoxide. Areas that do not meet NAAQS are referred to as “nonattainment” areas.

The CAA requires “basic” I/M programs in “moderate” and “marginal” ozone 

nonattainment areas with existing I/M programs. It requires “enhanced” I/M programs in 

“serious,” “severe,” and “extreme” ozone nonattainment areas with a population of 200,000 or 

more. The CAA also requires states to submit, for the approval of the United States 

Environmental Protection Agency (USEPA), revisions to their State Implementation Plans 

(SIPs) that describe a satisfactory I/M program and assure that the I/M program will be 

implemented.

In Illinois, two areas do not meet the NAAQS for ozone: (1) the Chicago metropolitan

nonattainment area, which is a severe nonattainment area; and (2) the Metro-East St. Louis 

nonattainment area, which is a moderate nonattainment area. Under Illinois’ Vehicle Emissions

Inspection Law of 1995 (Vehicle Emissions Law (625 ILCS 5/13B-1 et seq. (2000)), the Agency 

has proposed, and the Board has adopted, as amendments to 35 Ill. Adm. Code 240, an enhanced 

I/M program for these two nonattainment areas. See Enhanced Vehicle Inspection and

Maintenance (I/M) Regulations: Amendments to 35 Ill. Adm. Code 240 (July 8, 1998), R98-24; 

(December 1, 1994), R94-20; (December 1, 1994), R94-19. The Agency currently proposes to 

further amend the enhanced I/M program.
2

DISCUSSION

 In this portion of the opinion, the Board describes the Agency’s proposal to amend 35 Ill. 

Adm. Code 240.191, 240.192, and 240.193; discusses the statutory framework governing this 

rulemaking; and describes how the Board will proceed with the Agency’s proposal. 

Agency Proposal

 Under Section 13B-20(a) of the Vehicle Emissions Law (625 ILCS 5/13B-20(a) (2000)), 

the Agency proposes amendments to 35 Ill. Adm. Code 240 with respect to the enhanced I/M 

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

Agency Statement of Reasons at 3-4. Through the proposed amendments, the Agency intends to 

provide a certain flexibility pursuant to recent USEPA rules for On Board Diagnostic (OBD) test 

standards. See Agency Statement of Reasons at 6. Specifically, the Agency states that its 

proposal would revise 35 Ill. Adm. Code 240 by: 

 1. revising the text of Section 240.191 to refer to the OBD procedural rules 

contained in 35 Ill. Adm. Code 276; 

2. delaying mandatory “pass/fail” OBD testing to January 1, 2003, if the Agency 

chooses to apply to USEPA for this delay, and USEPA grants it; 

3. modifying the list of diagnostic trouble codes (DTC) that, if identified during an 

OBD test, will result in a vehicle’s failure; 

4. adding a malfunction indicator light (MIL) visual check, also known as a bulb 

check, to the OBD test; and 

5. revising the text of Section 240.193 to clarify that the inspection of any vehicle 

fault codes actually consists of the electronic retrieval of those stored fault codes.

See Agency Statement of Reasons at 6-10. 

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

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

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

emissions testing requirements.” Id. at 3. The Agency also states that its proposal is “designed 

to promote the acceptance of and adherence to the enhanced I/M program, by incorporating 

necessary ‘flexibility’ provisions for OBD testing as authorized by recent USEPA rulemaking 

and guidance.” Id. at 5.

Statutory Framework

 The Agency proposes to amend 35 Ill. Adm. Code 240 pursuant to Section 13B-20(a) of 

the Vehicle Emissions Law (625 ILCS 5/13B-20(a) (2000)). Section 13B-20(a) provides in part: 

The 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 
3

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 

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

* * * 

[S]ubsection (b) of Section 27 of the Environmental Protection Act and the 

rulemaking provisions of the Illinois Administrative Procedure Act shall not 

apply to rules adopted by the Board under this subsection. 625 ILCS 5/13B-20(a) 

(2000).

Proceedings Before the Board

The Board accepts the Agency’s proposal for hearing. Because Section 13B-20(a) of the 

Vehicle Emissions Law requires the Board to adopt rules within 120 days after it receives the 

Agency’s proposal, the Board will, without commenting on the merits of the Agency’s proposal, 

proceed by publishing this proposal in the Illinois Register as a proposal for public comment. 

The hearing officer assigned to this rulemaking will establish a deadline for filing public 

comments. 

Pursuant to Section 28 of the Environmental Protection Act (Act) (415 ILCS 5/28 

(2000)), the Board will hold at least two public hearings during this rulemaking. The Board will 

hold one hearing in Chicago and one hearing in the Metro-East St. Louis area. The hearing 

officer will establish specific locations and times for the hearings. After considering the issues 

raised at the public hearings and in public comments, the Board will issue a final opinion and 

order and publish the adopted rules in the Illinois Register.

As set forth above, Section 13B-20(a) of the Vehicle Emissions Law states that Section 

27(b) of the Act (415 ILCS 5/27(b) (2000)) and the rulemaking provisions of the Administrative 

Procedure Act (5 ILCS 100/1-1 et seq.(2000)) “shall not apply to rules adopted by the Board 

under this subsection.” 625 ILCS 5/13B-20(a) (2000). Accordingly, the Board will not request 

that the Department of Commerce and Community Affairs conduct an economic impact study of 

the proposed amendments pursuant to Section 27(b) of the Act, nor will the Board submit the 

proposed amendments for first or second notice pursuant to Section 5-40 of the Administrative 

Procedure Act (5 ILCS 100/5-40 (2000)). The Board will, however, hold public hearings and 

solicit public comment as described above. 

The Board directs the hearing officer to schedule public hearings pursuant to Section 28 

of the Act. Further, as noted above, the proposal will be published as a proposal for public 

comment in the Illinois Register. The Board also notes that hearing transcripts and the Board’s 

opinions and orders in this rulemaking, including this opinion and order, will be available on the 

Board’s Web site (www.ipcb.state.il.us). 

ORDER
4

The Board directs the Clerk to file the following proposed amendments to 35 Ill. Adm. 

Code 240 with the Secretary of State to publish in the Illinois Register as a proposal for public 

comment. Proposed additions are underlined; proposed deletions are stricken. 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER K: EMISSION STANDARDS AND LIMITATIONS FOR MOBILE 

SOURCES

PART 240 

MOBILE SOURCES 

SUBPART A: DEFINITIONS AND GENERAL PROVISIONS 

Section

240.101 Preamble 

240.102 Definitions 

240.103 Prohibitions 

240.104 Inspection 

240.105 Penalties 

240.106 Determination of Violation 

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 
5

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 

240.162 Vehicle Exhaust Emission Start-Up Standards 

240.163 Vehicle Exhaust Emission Final Standards 

240.164 Vehicle Exhaust Emission Fast-Pass Standards 

240.165 Compliance Determination 

SUBPART F: EVAPORATIVE TEST STANDARDS 

Section

240.171 Applicability 

240.172 Evaporative System Integrity Test Standards 

240.173 Evaporative System Purge Test Standards (Repealed) 

SUBPART G: ON-ROAD REMOTE SENSING TEST EMISSION STANDARDS 

240.181 Applicability 

240.182 On-Road Remote Sensing Emission Standards 

240.183 Compliance Determination 

SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS 

240.191 Applicability 

240.192 On-Board Diagnostic Test Standards 

240.193 Compliance Determination 

240.Appendix A Rule into Section Table 

240.Appendix B Section into Rule Table 

240.Table A Vehicle Exhaust Emission Start-Up Standards 

240.Table B Vehicle Exhaust Emission Final Standards 

240.Table C Vehicle Exhaust Emission Fast-Pass Standards 

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

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

Vehicle Emissions Inspection Law of 1995 [625 ILCS 5/13B-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 
6

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. ___, effective ___.

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

NOTE: Capitalization denotes statutory language. 

SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS 

Section 240.191 Applicability 

The standards of this Subpart apply to 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. However, this date shall be extended to January 1, 2003, if 

the Agency petitions the USEPA for such an extension, and the request for an extension is 

approved by the USEPA pursuant to 40 CFR § 51.357(a)(12).

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

Section 240.192 On-Board Diagnostic Test Standards 

Vehicles subject to on-board diagnostic testing shall fail the on-board diagnostic test if one of the 

following occurs: 

a) the vehicle connector is missing, has been tampered with, or is otherwise 

inoperable; or

b) the malfunction indicator light is commanded to be illuminated and it is not 

visually illuminated according to visual inspection; or 

c) the malfunction indicator light is commanded to be illuminated for and any of the 

following on-board diagnostic trouble codes are present (where x refers to any 

digit):; or

1) Any PX1XX Fuel and Air Metering codes

2) Any PX2XX Fuel and Air Metering codes

3) Any PX3XX Ignition System or Misfire codes
7

4) Any PX4XX Auxiliary Emission Controls codes

5) P0500 Vehicle Speed Sensor Malfunction

6) P0501 Vehicle Speed Sensor Range/Malfunction

7) P0502 Vehicle Speed Sensor Circuit Low Input

8) P0503 Vehicle Speed Sensor Intermittent/Erratic/High

9) P0505 Idle Control System Malfunction

10) P0506 Idle Control System RPM Lower Than Expected

11) P0507 Idle Control System RPM Higher Than Expected

12) P0510 Closed Throttle Position Switch Malfunction

13) P0550 Power Steering Pressure Sensor Circuit Malfunction

14) P0551 Power Steering Pressure Sensor Circuit Malfunction

15) P0552 Power Steering Pressure Sensor Circuit Low Input

16) P0553 Power Steering Pressure Sensor Circuit Intermittent

17) P0554 Power Steering Pressure Sensor Circuit Intermittent

18) P0560 System Voltage Malfunction

19) P0561 System Voltage Unstable

20) P0562 System Voltage Low

21) P0563 System Voltage High

22) Any PX6XX Computer and Output Circuits Codes

23) P0703 Brake Switch Input

24) P0705 Transmission Range Sensor Circuit Malfunction (PRNDL Input)

25) P0706 Transmission Range Sensor Circuit Range/Performance

26) P0707 Transmission Range Sensor Circuit Low Input
8

27) P0708 Transmission Range Sensor Circuit High Input

28) P0709 Transmission Range Sensor Circuit Intermittent

29) P0719 Torque Converter/Brake Switch “B” Circuit Low

30) P0720 Output Speed Sensor Circuit Malfunction

31) P0721 Output Speed Sensor Circuit Range/Performance

32) P0722 Output Speed Sensor Circuit No Signal

33) P0723 Output Speed Sensor Circuit Intermittent

34) P0724 Torque Converter/Brake Switch “B” Circuit High

35) P0725 Engine Speed Input Circuit Malfunction

36) P0726 Engine Speed Input Circuit Range/Performance

37) P0727 Engine Speed Input Circuit No Signal

38) P0728 Engine Speed Input Circuit Intermittent

39) P0740 Torque Converter Clutch System Malfunction

40) P0741 Torque Converter System Performance or Stuck Off

41) P0742 Torque Converter System Stuck On

42) P0743 Torque Converter System Electrical

43) P0744 Torque Converter System Intermittent

d) the malfunction indicator light (MIL) does not illuminate at all when the vehicle 

is in the key-on/engine-off condition.

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

Section 240.193 Compliance Determination 

Compliance shall be determined based upon the inspection of the on-board diagnostic vehicle 

connector, malfunction indicator light, and electronic retrieval of data stored in the vehicle’s onboard diagnostic system fault codes using the on-board diagnostic test procedures that will be

adopted by the Agency in 35 Ill. Adm. Code 276. 
9

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

IT IS SO ORDERED. 

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above 

opinion and order was adopted on the 23rd day of August 2001 by a vote of 7-0. 

Dorothy M. Gunn, Clerk 

Illinois Pollution Control Board