# 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)

### A UG

**~** 

### 0 Z OO ! ST ATE 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 [LLI NOlS 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 1 88 West Randolph St., 20th 

### Floor Chicago, I llinois 60601 R02-



## ~ (Rulemaking

- Air)



# ~~ 

# .

' Legal Services 

### .IIllinois 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 ILL. 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(



## •r.RI~'C.**()~r.l(:f:** 

# .

**~~@~~~** ·Ct:.tV.ED 

## 1

.

**~** 

## ozoo1 BEFORB THE ILLINOIS POLLUTION NTROL BOARD STATt: OF ILLINOI S

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

.

DA TED: 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:r r.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 Bor ml 

### 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 PAPERBEFORE THE ILLINOIS 

# ~---- **fjf01j~~~** I



# \IIJI~~~~~~~**11~ ~** 

# \b

**R~r.';; ,~** **~~.~.o** POLLUTIOJ



# uc)*~OL 1

# b 

# D AUG



# ~ o200, STATE Of ILLINOIS Pollution Control 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 Ill inois 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 OFILLINOIS 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 A mbient Air Quality Standards ("NAAQS"} for ozone and/or carbon monoxide. The CAA specifies t he use of "basic" or "enhanced" I /M programs . B a sic programs
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 for implementation of the enhanced I/M 

### program [R94-19 

### at 18 Ill. Reg

. 1822 8 

### (eff. Dec. 14 , 1994) , R94

- 20 

### at 18 Ill. 

### R eg. 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 subm i s sion of such 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 of the Illinois A dministrat ive Procedure A ct shall not apply to rules adopted by the Board under this subsect ion."
The Agency t herefore believe s that 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 

# h part 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 and 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. 61. 

### 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, USEP A 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:::eb ::: 

# :::::::e :.::·designedJ ;lith a built·incheckof

the MIL that allows technicians to

# chei**~** for M IL 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 commdnded on. For the OBD system to operate as designed, it must be able to alert the motoris t, through the illumination of the M IL, w hen a moni tor det ect s a condition likely to produce
a com ponent or system failure. If the MIL is not functioning, the
onl y time an OBD emiss ion problem w i ll be identified i s when 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.

10VIII. 

### 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 OFTESTIMONY OFELIZABETHR. TRACY IN SUPPORT OF PROPOSED AMENDMENTS TO

35ILL. ADM. CODE PART 240

AUGUST2001

Illinois Environmental Protection Agency Bureau ofAir Division ofVehicle Inspection and Maintenance 1021 North GrandAvenue, East Springfield,IL 62794SUMMARYOFTESTIMONY 

### The purpose ofthe Agency's proposed amendments to 35 Ill. Adm

.Code Part 240 is to incorporate necessary flexibility into the standards for theon-board diagnostic ("OBD") portion ofthe Enhanced Inspection and Maintenance test. Proposed On-Board Diagnostic TestingAmendments: Ulinois' vehicle emissions testcontractor, Envirotest Illinois, Inc., is perfonning "advisory" OBD testing on model year 1996 and newer vehicles. The OBD testprogram is required to accuratelyread diagnostic information reflecting the "health" ofvarious, important emissions control components and systems as recordedby

### a vehicle's computer. This is used to detennine avehicle's compliance with applicable OBD standards set for these emissions control components and systems. Under "advisory" testing, the OBD testis attempted

### by ourtest contractor to beperfonned on 1996 and newer vehicles, and ifreadings can be pbtained, the owners ofthese vehicles are informed whetherornot their vehicle would have passed the test. Under "advisory" OBD testing, these vehicles do not fail the entire emissions tP.st

### iftheydo notreceive passingreadings on the OBD test. Undercurrent fcdP.ral rules, our state implementation plan for meeting required ozone standards, and in the Board'sPart 240 rules, Illinois is required to convertthe "advisory" OBD test to a "pass/fail" OBD test on January l,2002. From thatpointonward, vehicles receiving the OBD t est would have to pass it along with the otherelements ofthe vehicle emissions test. TheAgency's proposed amendments do incorporate aprovision which would allow extension oftheJanuary 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 ofthe readiness ofthe

**emi~:>sions** 

### test contractor to successfully begin pass/fail OBD testing and otherconsiderations, 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 equipmentcan be accurately tested. Recent USEPA rules andguidance, detailed by

### the Agency's technical staff, will help insure theaccuracy and completeness oft he 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 OFTESTIMONY OFMICHAELHILLS IN SUPPORT OF PROPOSED AMENDMENTS TO

35 ILL.ADM. CODE PART 240

AUGUST2001

Illinois EnvironmentalProtection Agency BureauofAir

**Divi~io**

**ll .~**  **rvehL~~~.I_I!~E~~**
**!i~_!l ~J.ld**  **1\!~intenance** 

### 1021 North Grand 

### Avenue, East Springfield,IL62794

# I**o~.:i.'.·. ~w­**  'g**~)~** SUMMARY OFTESTIMPNY


### As aresult ofamendments made by the United States Envirorunental Protection Agency (USEPA) as part ofits April 5, 

### 2001 rutemak.ing ("Amendments to Vehicle Inspection Maintenance ProgramRequirements 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 ofthe list ofdiagnostic trouble codes (DTC) that constitute the OBD failure criteria, and the addition ofamalfunction indicator light (MlL) visual check. Currently, the OBD standards identify a subset ofpowertrain DTCs that are relevantfor I!M

### purposes. DTCs are alphamuneric codes that are set in a vehicle's OBD system when <mlonitor detects a condition likelyto lead to (orhas already produced) a componentor system failure, or otherwise contributeto exceeding applicable emission standards. Ifa vehicle is identified through the OBD inspection as having aMIL commanded on for one or more ofthese power train DTCs, then the standards require that the vehicle fail the inspection. In an attemptto simplify these failure criteria, USEPA amended their OBD standards to require the failure ofa vehicle for the presence ofilllY

### 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 notresult in the MIL being commanded on. In order for the vehicle to fail for OBD-I!M inspection, DTCs mustbe**pres~nt** 

### and the I'vfiL mustbe commanded on. Therefore, the need for a specific list ofemission related DTCs inthe 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 ofa non-emission related DTC resulted in the failure ofa vehicle for the OBD test. Therefore, in

### order to simplify the OBD test procedure, the Age

. ncy proposes that the list ofOBD 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 whetherthe vehicle's MIL illuminates while the vehicle ignition is in the key-on/engine-offposition. Ifthe :MIL does not illuminate, even momentarily, then the vehicle will fail the OBD test, even ifthe MIL has notbeen commanded on. Vehicle OBD systems were designed with a built-in check ofthe MIL that allows technicians to check for MIL illumination when the ignition is in the key-on/engine-off pQ_ sitiQJJ,

### ThQMrL.**~!wuld.illumiuateJorat**

### leastafews.econds, even ifthe 

### MlL has not be

en commanded on.For t he OBD systemto operate as designed, itmust be able to alert the m otorist,throu ghthe illumination ofthe M f L, when amonitor detects a condition likely to produce a componentor system failure. Ifthe MIL is not functioning, the only time an OBD emission problem will be identifiedis when the vehicle is tested in an OBD-IIM testlane.Withaproperly functioning MIL the m otorist will be made aware of

1an 

### OBD emissionproblem the momentit occurs. Therefore, inorderto increasethe llkelihood ofvehicle emissionrelated problems being correctedbythemotorist outside thenormal 

### LfM testing cycle, the Agency is proposing to add the !vfiLvisual check to the 

### list ofstandards for

### the OBD test.

2

# . ' ,

f 

## TECHNICAL SUPPORTDOCUMENT: PROPOSED AMENDMENTS TO 35ILL. ADM. CODE 240

AUGUST2001

Illinois Environmental Protection Agency ·

.-Bureau-Of-Ai

. r- - . . Division ofVehicle Inspection and Maintenance 1021 NorthGrand Avenue East Springfield,IL62794SUMMARY 

### The Illinois Environmental ProtectionAgency (''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 ofamendments madeby the United StatesEnvironmental Protection Agency (USEPA) as part ofits AprilS, 2001 rulemaking ("Amendments to Vehicle Inspection Maintenance ProgramRequirements Incorporating the Onboard Diagnostic Check; Final Rule", 66 FR 18156). The amendments include the simplification ofthe list ofdiagnostic trouble codes (DTC) that constitutethe OBD failure criteria, and the addition ofa malfunction indicator light (MIL) 

### visual check.
DIAGNOSTICTROUBLE CODEFAILURELIST 

### Currently, HJinois EPA regulations identify a subsetofpowertrain DTCs that are relevant for liM

### purposes. DTCs are alphanumericcodes that are set in a vehicle's OBD system when amonitor detects a condition likely to lead to (orhas already produced) a component or systemfailure, or otherwise contribute to exceeding applicable emission standards. Ifa vehicle is identified through the OBD inspectionas having aMIL commanded on fo"r"one·ormore ofthesepowertrain DTCs, then the regulations require thatthe vehicle fail the inspection. In an attempt to 

### simplifythese failure criteria,USEPA · amended the standards to require the failure ofavehicle forthepresence

**of~** 

### DTC that results in the MIL being commanded on. TheIllinois EPA proposes thatthis simplified listbe adopted. Because USEPA regulations require thatthe MIL onlybe illuminated for emissionrelated malfunctions, non-emission related components and systems malfunctions would notresult inthe MIL beingcorrunanded on. ln

### orderfor the vehicle to fail for OBD-IIM inspection, DTCs mustbe present and the MIL mustbe commanded on. Therefore, the need for a specific list ofemissionrelatedDTCs 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 wherethe presence ofa non-emission related DTC resulted in the failure ofavehicle for the OBD test.t i 1'

**~** MALFUNCTION INDICATORLIGHTVISUAL 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- f visual checkrequires the lane inspectorto 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 ifthe MIL has not been commanded on. · Vehicle OBD systems were designed with a built-in checkofthe MIL that allows technicians to check for MIL illumination when the ignition is in the key-on/engine-offposition. TheMIL shouldilluminate for atleast a few seconds, even ifthe MIL has not been commanded <m. f•or the OBD systemto operate as designed, itmust be able to alert the motorist, (hrough the illumination ofthe

### MIL, when amonitor detects a condition likelyto produce acomponent or systemfailure. 

### Ifthe

### MIL is not functioning, the only time an OBD emissionproblem will beidentified is \Vhenthe vehicle is tested inan OBD-IJM test

**l~e.** With a properly functioning MILthe motorist will bemade aware of an OBD emissionproblem the moment ifoccurs. This will increase the likelihood of.. vehicle emissionrelated problems being corrected outside the normal I/M testing cycle. 

## REFERENCES l. United States Environmental Protection Agency, "Performing Onboard 

### Diagnostic System

### Checks as PartofaVehicle Ihspection andMaintenance 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 1of 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.htm625 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 vehicle 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 to 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 m otor 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 ass igned 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 assigned 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 firs t viol ation is a Class c misdemeanor

. 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 emis sion 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 fee, to be paid into the Vehicle Inspection 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 vehicles operated in affected counties

. (2) For a fee of $20, t o be paid i nto the Vehicle 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 bas is. ll.ny fees col lected under this subsection 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) M otcrcycles, motor driven cycles , and motorized pedalcyclea.


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(3) Farm vehicles and implements of husbandry. (4) Implements of warfare owned by the State or federal governm ent. (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 tem porary 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 exem pted 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 C ode of Federal Regulations, the Agency shall establish a program of on-road testing of in-use vehicles through the use of remote sensing devices. The Agency shall evaluate the emis sion 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 roadblock 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 em issions standards established for the model year and type of vehicle, the Agency shall send a notice to the vehicle owner. The notice shall 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 send 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. 90 -475, eff. B-17-97.)

**·~·** (625 ILCS S / 13B-20) 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 of nitrogen from motor vehicles subject t o inspection under this chapter. Within 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 am ended from time to time pursuant to Agency proposals. T he Board shall eet standards necessary to achieve the reductions in vehicle 

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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 the i Agency. Except as

**oth er~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 Environm ental 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 im plement this Chapter. · (Source: P.A. 88-533.) (625 ILCS 5/l3B-25) Sec. 13B-2S

. Performance of inspections. Page 5 of10

(a) T he 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 m ay be substituted for the loaded mode exhaust gas analysis and the evaporative purge system test in the following cases: (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 this625 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 minimum 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 of10

{c) T he 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



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## U:cs 51 Illinois Vehicle Code miles traveled, determination of emissions, and determination of emissions reductions credits

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

. Within 160 days after the Agency files this proposal, the Board shall adopt rules for vehicle scrappage programs. 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 (d). (e) The Agency may

**~dopt** procedures to purchase vehiclea for scrap that are unable to meet emission inspection standards and for which motorists provide a signed estimate from a recognized repair technician that the cost of emission-related repairs i ' s expected to

**exc~ed** an amount equal to one-half of the current minimum expenditure required in item (3) of subsection (a) of this Section. If the Agency adopts such procedures, they must be included in the vehicle scrappage programs in subsection (di

. such procedures shall require the Agency to arrange 

### for private sector funding for the purchase of at least 90% 

### of the vehicles which will be purchased for scrap. · (f) The Agency may issue an emission inspection certificate for vehicles subject to inspection under this Chapter that are located and primarily used in an area subject to

**t~e** vehicle emission inspection requirements of another state. Emission inspection certificates shall be issued under this subsection only upon receipt by the Agency of evidence that the vehicle has been inspected and is in compliance with the emission inspection requirements and standards applicable in the state or local jurisdiction

**whe~e** the vehicle is being used. (Source: P.A. 90-475, eff. B-17·97.) (625 ILCS 5)13B-35) Sec. 13B-35. Inquiries. The Agency shall develop a means of responding to inquiries from inspectors and members oE the public concerning the program, including (i ) when inspections are required, (ii) what kind of inspections are required, (iii) whether emission inspection stickers or certificates previously required for a vehicle have been obtained, and (iv) the procedures for resolving disputes
**conce~ning** inspections. (Source: P.A. 98-533.) (625 ILCS

**S/13B 40)**  Page 7 of!O

Sec. lJB-40. Grievance procedure. Any person aggrieved by a decision regarding the failure of an emissions test or the denial of a waiver may file a petition with the Agency within 30 days after the decision was made, and the Agency shall thereupon investigate the matter. Within 45 days after its receipt of the petition, the Agency shall submit to the petitioner and any affected inspector or station its written determination of the correctness or incorrectness of the decision complained of. The written determination shall include a statem ent of the facts relied upon and the legal and technical issues decided by the Agency in making its determination, and may also include an order directing the inspector (i) to issue ·an emission i nspection certificate for the vehicle effective on such date as the Agency may specify, (ii) to reinspect the vehicle, (iii) to apply the standards that the.Agency has determined to be applicable, or (iv) to take any other action that the Agency deems to be appropriate. In conducting the investigation, the Agency m ay req-..1ire the petitioner to present the vehicle for inspection by the Agency or its designated agent. The written determination of the Agency shall be subject to review in circuit court in accordance with the provisions of the Administrative Review Law, except that no challenge to the validity of a rule adopted by the Board under subsection (a) of Section 13B-20 shall be heard by the circuit court if the challenge could have been raised in a timely petition for review under 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 accomplish 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 contractor shall not perform emiss ion

-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, w

hich is a fund created in the State treasury for the purpose of r eceiving 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 Vehicle Inspection Fund shall continue in existence notwithstanding the repeal of C hapter 13A.. Any m oney in the Vehicle Inspection Fund on J anuary 1, 1995 , shall be used for t he purposes set forth in this .• Chapter. (b) The Agency may acquire, own, maintain, operate, sell, lease and otherwise transfer real and personal property and interests in real and per sonal property for the purpose of creating or operating inspection stations and for any other purpose relating to t he adminis tration of this Chapt er, and m ay use money from the Vehicle Inspection F und for these purposes.



### s.state.il.us/ilcs/ ch625/ch625act5articles/ch625act5Sub72.htm625 ILCS 5/IllinoisVehicle 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 tim ely 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 nform ation 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 Stnte 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 6-21 1 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 adopted625 U,CS 5/lllinols.Vehicie Code 

### Page 10 of10
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.)

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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

**"flex ib**  **il 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. Demeroukas Assistant Counsel Illinois Environmental Protection Agency Division of Legal Counsel 1021 

### North Grand Avenue , East Springfield, Illinois 62794 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 procedures required for compliance: N/A Typee of professional skills necessary for compliance: N/A 13) Regulatory agenda on which this rulemaking was summarized:

### July 2001 ILLIN OIS 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 L O

A

DED MODE TEST E MISSION STANDARDS Section 240.161 

### 240.162 240.163 240.164 

### 240.165

Section 240.17 1 240

. 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 V

ehicle Exhaust Emission1 

### Final Standards Vef:icle Exhaust Emission: Fas t-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 O F PROPOSED AMENDMENTS
SOURCE: Adopted as Chapter 2: Air

**~ollutio n,**  

### 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

. 6184, effective April 7 , 1992; amended in R94-20 at 18 .Il l. 

### 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 im plements t ht:;

**Environmental** 

### ProtectLon A

ct as of J uly 1, 

### 1994

. 

### % • 

## l NOTE: Capitalization denotes statutory language.
SUBPART H: .ON-BOA R

D 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) (1 2). 

### (Source : Amended at ) Ill. 

### Reg

.

Section 240 .192 On-Board Diagnostic Test Standards , effective

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 been tam pered 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 {\Ulti1

### iary 

### 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 03 

### Vehicle SJ?ced BeflSOr Intermitteflt/Brratic/High**~dle** 

### Centre-±-system t4alfunctiefi 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 H

alfunctiGR 11) 

### P0551 Por.t'Cr 

### Steering Pressure Sensor Circuit Halfunction 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-eftE** 

### 34) P0724 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 Intermittent

### the malfunction indicator light (MIL) does not illuminate at al 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'sILLINOIS 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 OFILLINOIS 

## ss COUNTY OFSANGAMON

PROOFOFSERVICE 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, byplacing a copy in an envelope addressed to: MatthewDunn Legal Services Enviro!Unental Bureau Illinois Department ofNatural Office oftheAttorney General Resources 188 West Randolph, 20th Floor 524 S:outh Second Street Chicago, Illinois 60601 

### Sprinkfield, Illinois 62701-1787 

### (First Class Mail) 

### (Firsi passMail) and mailing these copies from Sprin.gfield, Illinois on



# ~tgu **st** 6, 2001 with sufficient postage affixed as indicated above. 

# Ji Dorothy M. Gunn Illinois Pollution Control Board State ofIllinois Center 100 WestRandolph St., Suite 11-500 Chicago, Illinois 6060 1 

### (FirstClass Mail)

**~~~·~·~~~~·)~,~·:·~~~~~~~~~~~~~~~** .:. OFFICIAl SEAl

**·~·**

**:~:** JERI A

. DAILY :1: 

### :l: NOTAflY PUBLIC, STATE OF IlLINOIS 

### :t:

**:~** MY COMMISSION EXPiRES 3·1·2004 .;:

**~~~··:··>~~··:·~·~·:·~~~··~·~~~~~~~~·~~~~**
SUBSCRIBED AND SWORNTOBEFORE ME this 17111 day ofAugust2001.

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 R01-12at 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 andany of the followingon-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 vehicleconnector, malfunction indicator light, and electronic retrieval of data stored in the vehicle’s onboard diagnostic system fault codesusing 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