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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 -2- LRB9004063DPcc 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, -3- LRB9004063DPcc 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 -4- LRB9004063DPcc 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.
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