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90_HB1518
625 ILCS 5/13A-105 from Ch. 95 1/2, par. 13A-105
625 ILCS 5/13B-20
Amends the Illinois Vehicle Code to prohibit the
Environmental Protection Agency from proposing, and the
Pollution Control Board from adopting, rules requiring the
use of the IM240 driving cycle for exhaust emission testing.
Effective immediately.
LRB9004063DPcc
LRB9004063DPcc
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 13A-105 and 13B-20.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 13A-105 and 13B-20 as follows:
7 (625 ILCS 5/13A-105) (from Ch. 95 1/2, par. 13A-105)
8 Sec. 13A-105. Rules and standards.
9 (a) The Agency shall propose, and within 90 days the
10 Board shall by rule establish, and may from time to time
11 amend pursuant to Agency proposal, standards for the emission
12 of hydrocarbons and carbon monoxide from gasoline powered
13 motor vehicles subject to inspection under this Chapter. The
14 Board shall endeavor to set standards no more restrictive
15 than necessary to achieve the reductions in vehicle
16 hydrocarbon and carbon monoxide emissions, as determined by
17 the applicable vehicle emissions estimation model and
18 guidelines developed by the United States Environmental
19 Protection Agency, which are necessary for compliance with
20 the federal Clean Air Act. The emission standards
21 established by the Board for vehicles of model year 1981 or
22 later shall be identical in substance to the emission
23 standards promulgated by the United States Environmental
24 Protection Agency in connection with emission performance
25 warranty eligibility under Section 207(b) of the Clean Air
26 Act, insofar as such federal standards may be applicable.
27 Subsection (b) of Section 27 of the Environmental
28 Protection Act, and the rulemaking provisions of The Illinois
29 Administrative Procedure Act, shall not apply to rules
30 adopted by the Board under this subsection. Challenges to
31 the validity of rules adopted by the Board pursuant to this
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1 subsection (a) may only be brought by filing a petition for
2 review in the Appellate Court pursuant to Section 29 of the
3 Environmental Protection Act within 35 days after the rule is
4 filed with the Secretary of State.
5 The Agency shall not propose, and the Board shall not
6 adopt, rules requiring inspections performed pursuant to this
7 Chapter to consist of an emissions test using the IM240
8 driving cycle.
9 (b) The Agency shall establish, and may from time to
10 time amend, the specific procedures to be followed in the
11 performance of a low emissions tuneup for the purpose of
12 qualifying a vehicle for the waiver of exhaust gas pollutant
13 standards provided in subsection (d) of Section 13A-106. Such
14 procedures shall include, but need not be limited to,
15 inspection of the following items, and adjustment, repair or
16 replacement thereof as appropriate: (1) air cleaner elements;
17 (2) other air intake restrictions; (3) choke mechanism; (4)
18 idle speed, ignition dwell and timing; (5) air-fuel mixture;
19 (6) sensors and vacuum hoses; (7) positive crankcase
20 ventilation (pcv) system; (8) exhaust gas recirculation (egr)
21 system; (9) sparkplugs and sparkplug wires; (10) electronic
22 fuel metering and feedback control system; (11) air pump.
23 The low emissions tuneup shall not require major engine
24 overhaul or repair.
25 (Source: P.A. 86-1433.)
26 (625 ILCS 5/13B-20)
27 Sec. 13B-20. Rules and standards.
28 (a) The Agency shall propose standards necessary to
29 achieve reductions in the emission of hydrocarbons, carbon
30 monoxide, and oxides of nitrogen from motor vehicles subject
31 to inspection under this Chapter. Within 120 days after the
32 Agency proposes these standards, the Board shall adopt rules
33 establishing standards for the emission of hydrocarbons,
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1 carbon monoxide, and oxides of nitrogen from motor vehicles
2 subject to inspection under this Chapter. These rules may be
3 amended from time to time pursuant to Agency proposals. The
4 Board shall set standards necessary to achieve the reductions
5 in vehicle hydrocarbons, carbon monoxide, and oxides of
6 nitrogen emissions, as determined by the applicable vehicle
7 emission estimation model and rules developed by the United
8 States Environmental Protection Agency, required by the
9 federal Clean Air Act. A predetermined rate of failure shall
10 not be used in determining standards necessary to achieve the
11 reductions in vehicle hydrocarbons, carbon monoxide and
12 oxides of nitrogen emissions. The emission standards
13 established by the Board for vehicles of model year 1981 or
14 later shall be identical in substance, as defined in Section
15 7.2(a) of the Environmental Protection Act, to the emission
16 standards promulgated by the United States Environmental
17 Protection Agency.
18 The Agency shall not propose, and the Board shall not
19 adopt, rules requiring inspections performed pursuant to this
20 Chapter to consist of an emissions test using the IM240
21 driving cycle.
22 If the Administrator of the United States Environmental
23 Protection Agency finds that oxides of nitrogen emission
24 reductions are not beneficial under Title 40, Section
25 51.351(d) of the Code of Federal Regulations, the Board shall
26 not adopt rules establishing such standards for the emission
27 of oxides of nitrogen under this Chapter. Any rules
28 establishing these standards that have already been adopted
29 before the findings by the United States Environmental
30 Protection Agency shall be repealed by the Board by
31 preemptory rulemaking under the Illinois Administrative
32 Procedure Act upon petition by the Agency.
33 Except as otherwise provided in this subsection,
34 subsection (b) of Section 27 of the Environmental Protection
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1 Act and the rulemaking provisions of the Illinois
2 Administrative Procedure Act shall not apply to rules adopted
3 by the Board under this subsection. Challenges to the
4 validity of rules adopted by the Board under this subsection
5 (a) may only be brought by filing a petition for review in
6 the Appellate Court under Section 29 of the Environmental
7 Protection Act within 35 days after the rule is filed with
8 the Secretary of State.
9 (b) The Agency shall establish, and may from time to
10 time amend, procedures designed to implement this Chapter.
11 (Source: P.A. 88-533.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.