# Attachment 77 Agency Rulemaking proposal Procedures to be Followed in the Performance of Inspections of Motor Vehicle Emissions 35 Ill. Adm. Code 276 Filed with Secretary of State on December 15, 2010

### IlliNOIS 

### t:NVIKONMENTAl PROTECTION AGENCY 1021 North G rand Avenue East, P.O. Box 19276, Springfield, Illinoi s 62794-9276 • (21 7) 782-2829 james R. Thompson Center, 100 West Randolph, Suite 11-300, Chicago, IL 60601 • (3 12) 814-602 6 PA.T QUINN, GOVERNOR 21 7-782-5544
December 15, 20ill0

Ms. Christ ine Works Administrative Code Division Index Department Office ofthe Secretary of State 111 EastMonroe Street Springfield, IL 62756 DouGlAS P
. ScoTT, DIR E CTOR

Re: Publication ofProposed Amendments; 35 Ill. Adm. Code 276
Dear Ms. Works: The above-captioned proposed rulemaking is being sent to you for publication in the Illinois Register. Enclosed please find the following documents: 

### 1. The original and two copies ofthe Notice ofProposed Amendments for Procedures 

### To Be Followed In The Performance Oflnspections OfMotor Vehicle Emissions (35 Ill. Adm. Code Part 276); 

### 2. The original and two copies ofthe Illinois Register version ofProcedures To Be Followed In The Performance Oflnspections Of Motor Vehicle Emissions (35 Ill. Adm. Code 

### Part 276); 

### 3. A computer disk with 

### a copy of

### the Notice ofProposed Amendments 

### a.ncl.lllinois Regist er version ofthe Proposed Amendments (Items 

### 1 and 2 above) 

### in Microsoft 

### Word format.

Rockford • 4302 N
. Mam St. Roc:kford,IL 61103 • (815)987-7760 Elgin • 59 5 S. Stale, Elgin, IL60123 • (847) ( > 08

-3131 Bur ea

u of land

- Peoria • 7o20 N
. University St., Peoria, I L61614 • (309) 69.1-5 462 Collin sville • - 2009 Mall S1reet. Coliinsville. ll 62234 • (618) 34&-5120 De s Plaines • 9511 W. Harrison St.. Des Pl aines, IL 60016• (847}294-4000 l'eoria • 5415 N. Unoversity St., Peoria, ll 6 161 4 • (:\09) 693·5463 C

hampaign· • 2125 $. first St., Charnpai gn, IL 61 820 • (21 7) 278

-5800 Marion • 2309W. Mall\ St., Suite 116, Manon , IL 62959 • (618) 993-7200Letter to Christine Works Page 2
Ifyou have any questions, please do not hesitate to contact me at

**217~**782-5544
. Thank you for your assist ance.

Sincerely,



# ~~.-;:7r. Kent E. Mol u· Jr., Esq. Assistant Cmmsel Division ofLegal Counsel Illinois Environmental Protection Agency EnclosuresILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OFPROPOSED AMENDMENTS 1) Heading oft he Part: Procedures To Be Followed In The Performance Oflnspections Of Motor Vehicle Emissions 2) Code Citation: 35 Ill. Adm. Code 276 3) Section Numbers: Proposed Action: 276.101 Amendment 276.102 Amendment 276. 103 Amendment 276.104 Amendment 276.201 Amendment 276.203 Amendment 276.204 Amendment 276.205 Amendment 276.207 Repeal 276.209 Amendment 276.301 Amendment 276.303 Amendment 276.304 Repeal 276.305 Repeal 276.306 Repeal 276.307 Repeal 276.308 Repeal 276.309 Repeal 276.3 10 Repea l 276.3 11 Repeal 276.312 Repeal 276.401 Amendment 276.403 Amendment 276.404 Amendment 276.405 New 276.501 Amendment 276.502 Amendment 276.503 Amendment 276.504 Amendment 276.505 Repeal 276.506 Repeal 276.507 Amendment 276.508 Amendment276.602 276.604 276.605 276.701 276.702 276.703 276.704 276.802 276.803 276.804 276.901 276.902 276.903 276.1001 276.1002 276.1101 276.TABLEA 276.TABLEB ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS Amendment Amendment Repeal Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Amendment Repeal Amendment Amendment New Repeal Repeal 4) Statutory Authority: Section 13C-10 and 13C-20 ofthe Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C-10 and 13C-20]. 5) A Complete Description ofthe Subjects and Issues Involved: The proposal would amend Part 276 to reflect the adoption ofthe Vehicle Emissions Inspection Law of2005 ("VEIL of2005") (P.A. 94-526) (625 ILCS 5/13C), an amendment to the VEIL of2005 (P.A. 94- 848), and to make necessary improvements to the program. The VEIL of 2005 was a replacement for, and continuation of, the program established under the Vehicle Emissions Inspection Law of 1995 ("VEIL of 1995") (625 ILCS 5/13B). The VEIL of 2005 was modeled off of the VEIL of 1995, but added definitions relating to the onboard diagnostic ("OBD") inspection test; exempted model year 1995 and older vehicles from inspection; replaced the transient loaded mode ("IM240") emissions test with the OBD test as the primary vehicle inspection test; maintained the steady-state idle exhaust gas analysis and evaporative system integrity tests as secondary tests; revised the OBD test; revised waiver provisions; added a provision for vehicles located outside of the affected counties; removed the prohibition against contractor repairs; and made other additions. An amendment to the VEIL of 2005 provided that the owner of a subject vehicle must obtain an emission compliance certificate to demonstrate compliance and established a system of registration denial for vehicles in noncompliance with the inspection requirement.

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDMEI\TTS The proposed amendments to Part 276 have been developed to reflect the VEIL of2005, including an amendment thereto. Also, the proposed amendments have been developed to reflect improvements to the program. The proposed amendments remove definitions relating to the proposed removal of the IM240 emissions test, add new definitions and clarify other definitions. The amendments propose the removal ofthe IM240 emissions test procedures, related provisions, and all references thereto to reflect full implementation of OBD testing. The amendments require a subject vehicle owner to obtain, but not display or possess, an emissions compliance certificate in order to obtain or renew the subject vehicle's registration. The amendments specify the design of an emissions compliance certificate. The amendments remove all different types of inspection certificates or stickers and propose the use of a tmiversal "emission compliance certificate." The amendments clarify the recordkeeping requirements relating to maintenance and calibrations performed. The amendments revise provisions relating to waivers, economic hardship, fleet self-testing, grievances, test notices, and reciprocity. The amendments propose a new section relating to the collection and reporting of repair facility data. The amendments propose a new section providing requirements for obtaining an emissions compliance ce1iificate where the vehicle is located and being primarily operated outside the affected counties. The proposed amendments eliminate Table A and B relating to the IM240 test. Finally, the proposed amendments update and clarify other provisions in the rule. 6) Published studies orreports, and sources ofunderlying data, used to compose this rulemaking: No. 7) Will this proposed amendment replace an emergency rule cunently in effect? No. 8) Does this rulemaking contain an automatic repeal date? No. 9) Does this proposed amendment contain incorporations by reference? Yes. 1

0) Are there any otherproposed amendments pending on this Part? No. 11) Statement ofStatewide Policy Objectives: This proposed rulemaking does not create or enlarge a State mandate, as defined in Section 3(b) ofthe State Mandates Act. [30 ILCS 805/3(b)]. 12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: The Illinois Environmental Protection Agency will accept written public comments on this proposal for a period of forty-five (45) days after the date of publication in the Illinois Register. Comments should reference the Vehicle EmissionsILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS Inspection and Maintenance Program and be addressed to: Kent E. MohrJr. Assistant Counsel Division ofLegal Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 217/782-5544 13) Initial Regulatory Flexibility Analysis: A. Types of small businesses, small municipalities and not for profit corporations affected: Small businesses, small municipalities and not for profit corporations may be required to have their vehicles inspected in accordance with the Vehicle Emissions Inspection Law of2005 and this Part. B. Reporting, bookkeeping or other procedures required for compliance: Yes. The rule requires vehicle emissions inspectors to perform vehicle emissions inspections in accordance with the procedures and other requirements established by the rule. Also, the rule requires vehicle emissions inspectors to report maintenance and calibrations records to the Agency. Further, the rule requires certain repair facilities to report repair facility performance data to the Agency. C
. Types of Professional skills necessary for compliance: For motorists, none. Vehicle emissions inspectors must be trained in perfonning vehicle emissions inspections and maintenance ofvehicle emissions inspection equipment. 14) Regulatory Agenda on which this rulemaking was summarized: July 2010.
The full text ofthe Proposed Amendment(s) begins on the next page:Section 276.101 276.102 276.103 276.104

Section 276.201 276.202 276.203 276.204 276.205 276.206 276.207 276.208 276.209 ILLINOIS REGISTER ENVIRO"t\'MENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS

TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY PART 276 PROCEDURES TO BE FOLLOWED IN THE PERFORMANCE OF INSPECTIONS OF MOTOR VEHICLE EMISSIONS SUBPART A: GENERAL PROVISIONS Purpose and Applicability Definitions Abbreviations Incorporations byReference SUBPART B: VEHICLE EMISSIONS INSPECTION PROCEDURES
General Description ofVehicle Emissions Inspection Procedures Pollutants to be Tested

- Exhaust Test Dilution- Steady-State Idle Exhaust Test and Transient Loaded Mode Exhaust +est Steady-State Idle Exhaust Emissions TestProcedures Evaporative System Integrity Test Procedures Engine and Fuel Type Modifications Transient Loaded Mode Exhaust Emissions TestProcedures (Repealed) On-Road Remote Sensing Test Procedures On-Board Diagnostic Test Procedures SUBPART C: EMISSIONS COMPLIANCESTICKER OR CERTIFICATE ISSUANCE, DISPLAY, 

### ."xND POSSESSION Section 276.301 276.302 276.303 276.304 276.305 276.306 General Requirements Determination ofAffected Counties Emissions Compliancelnspection Sticker or Certificate Design and Content Initial Emissions Inspection Stickers orCertificates (Repealed) Exempt Emissions Inspection Stickers orCertificates (Repealed) Renewal Emissions Inspect ion Stickers or Certificates (Repealed)276.307 276.308 276.309 276.310 276.311 276.312 ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMEl\TOMENTS Temporary Emissions Inspection Stickers orCertificates (Repealed) Corrected or Interim Emissions Inspection Stickers or Certificates (Repealed) Waiver Emissions Inspection Stickers or Certificates (Repealed) Emissions Inspection Sticker and Certificate Display and Possession (Repealed) Change ofAssigned Test Month (Repealed) Economic Hardship Extension Stickers or Certificates (Repealed) SUBPART D:

**WAIVER~** ANf}-ECONOMIC HARDSHIP EXTENSION, AND OUTSJDE OF AFFECTED COUNTIES ANNUAL EXEMPTION REQUIREMENTS Section 276.401 276.402 276.403 276.404 276.405

Section 276.501 276.502 276.503 276.504 276.505 276.506 276.507 276.508

Section 276.601 276.602 276.603 276.604 276.605 WaiverRequirements Low Emissions Tuneups (Repealed) Denial or Issuance ofWaiver Economic Hardship Extension Requirements Outside ofAffected Counties Annual Exemption Requirements SUBPART E: TEST EQUIPMENT SPECIFICATIONS
General Requirements Steady-State Idle Exhaust Test Analysis Systems Functional Requirements Steady-State Idle +est-Exhaust Test Analysis Systems Performance Criteria Evaporative System Integrity Test Functional Requirements and Performance Criteria Transient Loaded Mode Test Systems Functional Requirements (Repealed) Transient Loaded Mode Test Systems Performance Criteria (Repealed) On-Road Remote SensingTest SystemsFunctional Requirements and Performance Criteria On-Board Diagnostic Test Systems Functional Requirements and Performance Criteria SUBPART F: EQUIPMENT MAINTENANCE AND CALIBRATION Steady-State Idle Test Equipment Maintenance Steady-State Idle TestEquipment Calibration Evaporative System Integrity TestMaintenance and Calibration Record Keeping Transient Loaded Mode Test Equipment Maintenance and Calibration (Repealed)276.606 276.607

Section 276.701 276.702 276.703 276.704 276.705

Section 276.801 276.802 276.803 276.804

Section 276.901 276.902 276
.903 276
.904

Section 276.1001 276.1002

276.1101 ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS On-Road Remote Sensing Test Systems Maintenance and Calibration On-Board Diagnostic Test Systems Maintenance and Calibration SUBPART G: FLEET SELF TESTING REQUIREMENTS
General Requirements Fleet Inspection Permit Fleet Inspection Permittee Operating Requirements Private Official Inspection Station Auditing and Surveillance Fleet Station Auditing and Surveillance (Renumbered) SUBPART H: GRIEVANCE PROCEDURE
General Requirements Procedure for Filing Grievance Agency Investigation Review ofAgency' s Det ermination SUBPART I: NOTICES
General Requirements Vehiclelnitial Emissions Testinspection Notice Waming Notice (Repealed) SecondWarning Notice (Repealed) SUBPART J: RECIPROCITY WITH OTHER JURISDICTIONS Requirements for Vehicles Registered in Aff ected Counties and Located in Other Jurisdictions Requiring Vehicle Emissions Inspection Requirements for Vehicles Registered in Other Jurisdictions Requiring Vehicle Emissions Inspection and Located in an Affected County SUBPART K: REPAIR FACILITY PERFORMANCE REPORTING Requirem ents for Collecting and Reporting DataPertaining to the Repair of Vehicles that Failed or Were Rejected from an Emissions Inspection.

### 276.TABLEA 276.TABLEB ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS Transient Driving Cycle (Repealed) Fast-Pass Speed Variation Limits Using Positive Kinetic Energy (PK.E) Measurements (Repealed) AUTHORITY: Implementing the Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C] 

### and authorized by Sections 13C-10 and 13C-20 ofthe Vehicle Emissions Inspection Law of 2005-J.-9.% [625 ILCS 5/Glr.-13C-10 and 13C-20B]. SOURCE: Adopted at 10 Ill. Reg. 13954, effective August 13, 1986; amended at 16 Ill. Reg. 10230, effective June 15, 1992; amended at 20 Ill. Reg. 8456, effective June 14, 1996; amended at 22 Ill. Reg. 18867, effective September 28, 1998; amended at 26 Ill. Reg. 8113, effective May 17, 2002; amended at_Ill. Reg. , effective-

-- ----- - SUBPART A: GENERALPROVISIONS 

### Section 276.101 Purpose and Applicability a) Purpose This Part establishes specific requirements and procedures to be followed in complying with the motor vehicle emissions inspection requirement and specific requirements and procedures to be followed in the perfom1ance ofinspections of motor vehicle emissions. b) Applicability Theprovisions ofthis Part apply to necessary for the implementation ofthe Enhanced W.<f 

### testing program mandated by the Vehicle Emissions Inspection Law of20051995 shall be implemented upon initiation ofthe Enhanced liM testing program, scheduled to begin December 1, 1998. (Source: Amended at_Ill. Reg.

___ ____ _ , effective

___ _____ _./ 

### Section 276.102 Definitions a) Except as hereinafter stated and unless a different meaning ofa te1m is clear from its context, the definitions ofterms used in this Part shall be the same as those used inthe Environmental Protection Act [415 ILCS 5] and the Vehicle Emissions Inspection Law of2005+9% [625 ILCS 5/Qr..-BCR].ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS b) The following definitions apply to this Part: "Accuracy" means the combination ofbias and precision errors, technically defined as uncertainty, that quantifies the differences between a measured and true value. "Adjusted loaded vehicle weight (ALV\V)" means the vehicle curb weight plus the gross vehicleweight rating divided by tv.'o. "Affected county" means any county orportion thereof, as defined in Section 13CB-5 ofthe Vehicle Emissions Inspection Law of2005-}..9%
. "Agency" means the Illinois Environmental Protection Agency or its designee. "Assigned test month" means the month and year allocated bythe Agency for testing a vehicle. The first day ofthe Assigned Test Month shall be 4 months prior to the sticker orcertificate Expiration Date. "Calibration gas" means a gas ofknown concentration used to establish the response curve ofthe exhaust gas analyzer. "Corrected or interim emissions inspection sticker or certificate" means a sticker or certificate issued in accordance '•vith Section 276.308 ofthis Part that contains a reassigned vehicle test month issued to the owner(s) ofa vehicle subject to emissions inspection \Vho has petitioned the Agency for a change in Assigned TestMonth, and whose vehicle has pre:r;iously been issued an Initial Emissions Inspection Sticker or Certificate with an Assigned Test Month. "Diagnostic trouble code (DTC)" means an alphanumeric code that is set in a vehicle's onboard computer when a monitor detects a condition likely to indicate the existence ofan emission related malfunction ofthe vehicle. "Drift" means the amount ofchange in analyzer reading over a period of time. Zero drift refers to the change ofzero reading
. Span drift refers to a change in the reading at a specified span gas calibration point. "Economic hardship extension" means a time extension ofone year extension to the test
-bydate that maybe granted to the owner(s) ofaILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS vehicle in order for the owner(s) to comply with the requirements ofthe Vehicle Emissions Inspection Law of2005-1:-9%. "Emissions compliance certificate" means a certificate issued to an owner ofa vehicle registered in an affected county who successfully complies with the Vehicle Emissions Inspection Law of2005 and the requirements ofthis Part. As required bythe context, this means either an emissions compliance certificate, annua l exemption certificate, or emissions inspection certificate. "Emission control devices" means those components ofa vehicle which were designed and are used to control vehicle exhaust and evaporative system emissions. Forthe purpose ofthis Part, this term refers to components with which the vehicle was originally equipped or direct replacements. "Equivalent test weight" means the loaded vehicle weight for light duty vehicles and light duty trucks 1, and the adjusted loaded vehicle weight for light duty trucks 2 and heavy duty trucks. "Evaporative system integrity test" means a test ofthe fuel cap portion of a vehicle's evaporative system, which consists ofeither a fuel cap leak flow test, a fuel cap pressure decay test, or a fuel cap visual functional test, as applicable. "Exempt emissions inspection sticker or certificate" means a sticker or certificate issued in accordance with Section 276.305 ofthis Part to the ovmer(s) ofa Yehicle registered in an Affected Countywhich is exempt from emissions inspection pursuant to Section 13B 15(f) or 13B 15(g) of the Vehicle Emissions Inspection Lcr;v of 1995, and the requirements of this Part. "Exhaust gas analyzer" means a device that has the capability to identify unknown concentrations ofparticular constituents in motor vehicle exhaust gases by comparison with known concentrations ofanalytical gases.

"Expiration date" means the deadline for having a vehicle inspected and obtaining the appropriate sticker or certificate.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS "Fleet inspection petmit" means a permit issued to fleet self-testers in accordance with Subpart G. "Fleet inventory" means those vehicles which have been registered with the Agency for the purpose offleet self-testing and which have been assigned a test eligibility datementfi. "Fleetvehicle" means any non-exempt vehicle registered with the Agency for the purpose offleet self-testing. "Fuel cap" means a device used to seal a vehicle's fuel inlet. "Fuel cap leak flow test" means a test performed in accordance with this Part on a vehicle's fuel cap using a fuel cap leak flow tester to detem1ine whether the vehicle complies with the evaporative system emission standards of35 Ill. Adm. Code 240. "Fuel cap leak flow tester (fuel cap tester)" means a device used to determine the leak flow integrity ofa vehicle's fuel cap by comparing the measured leak flow ofthe fuel cap with an established fuel cap leak .flow standard. "Fuel cap pressure decay test" means the test performed in accordance with this Part on a vehicle's fuel cap using a fuel cap pressure decay tester to detemline whether the vehicle complies with the evaporative system emission standards of35 Ill. Adm. Code 240. "Fuel cap pressure decay tester" means a device used to determine the pressure decay integrity ofa vehicle's fuel cap by monitoring the pressure behind the fuel cap for a 10 second period and comparing the measured pressure decay ofthe fuel cap to an established fuel cap pressure decay standard. "Fuel cap visual functional test" means the test perf01med in accordance with this Part on a vehicle's fuel cap using visual analysis to detetmine whether the vehicle complies with the evaporative system emission standards of35 Ill. Adm. Code 240. "Full-service official inspection station" means an inspection station that offers the full range ofemissions inspection services and customer serviceILLINOIS REGISTER ENVIRONMENTALPROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS functions, including waiver inspections. "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the maximum design loaded weight ofa single vehicle. "HC hangup" means hydrocarbons which cling to the surface ofthe analyzer gas sampling stream causing errors in hydrocarbon readings. "Heavy duty vehicle (HDV)" means a motor vehicle rated at more than 8500 pounds GV\VR or that has a vehicle curb weight ofmore than 6000 pounds or that has a basic vehicle frontal area in excess of45 square feet. "High idle" means a vehicle operating condition with engine disconnected from an external load (placed in either neutral orpark) and operating at a speed of2500 

### ± 300 RPM. "Household income" means the gross income ofall household members, except wage or salary income earned by dependent minors under 18 years ofage. A head ofhousehold and his orher spouse are not considered as minors. Gross income includes wages, interest, annuities, pensions, social security, retirement, disability, public aid, alimony, child support, unemployment benefits, workers' compensation, and any otherindirect income such as utility allowances. "Idle mode" means that portion ofa vehicle emission test procedure conducted with the engine disconnected from an external load and operating at minimum throttle. "Initial emissions inspection sticker or certificate" means a sticker or certificate issaed in accordance with Section 276.304 ofthis Part to the owner(s) ofa vehicle that has not been tested because such vehicle was not previously subject to inspection, but has become subject to inspection in accordance v,rith the Vehicle Emissions Inspection Law of 1995. "Initial idle mode" means the first ofup to two idle mode sampling periods during a steady-state idle mode test, during which exhaust emission measurements are made with the vehicle in "as-received" condition. "Interference" means those exhaust gas analyzer read out errors caused byILLINOIS REGISTER E?\TVIRONMENTALPROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS instrument response to non intet·est gases typically occurring in vehicle exhaust. "Light duty truck 1 (LDTl)" means a motor vehicle rated at 6,000 pounds maximum GVWR or less and which has a vehicle frontal area of45 square feet or less, and •.vhich is designed primarily for purposes of transportation ofproperty or is a derivation ofsuch a vehicle, or is designed primarily for transportation ofpersons and has a capacity of more than 12 persons, or is available 'Nith special features enabling off street or offhigffivay operation and use. "Light duty truck 2 (LDT2)" means a motor vehicle rated bet'.veen 6,001 and 8,500 pounds mrucimum GVWR and which has a vehicle frontal EH·ea of45 square feet or less, and 'vvhich is designed primarily for purposes of transportation ofproperty or is a derivation ofsuch a vehicle, oris designed primarily for transportation ofpersons and has a capacity of more than 12 persons, or is available with special features enabling off street or offhigffivay operation and use. "Light duty vehicle (LDV)" means a passenger car orpassenger car derivative capable ofseating 12 passengers or fewer. "Loaded vehicle \Voight" means the vehicle curb weight plus 300 pounds. "Low income" means the household income during thepreceding 12 month period was not more than 150 percent ofthe latest available poverty guidelines established by the U.S. Department ofHealth and Human Services for the contiguous United States and the District ofColumbia. "Malfunction indicator light (MIL)" means the light found on the dashboard ofOBD-equipped vehicles that is required to be illuminated when the OBD system detects malfunctions likely to result in emissions exceeding applicable emission standards. The MIL must displaythe phrase "Check Engine" or "Service Engine Soon". The word "Powertrain" maybe substituted for "Engine". Alternatively, the ISO engine symbol may be substituted. "National Institute ofStandards and Technology (NIST) gas" means a standard gas maintained ormade available by the National Institute of Standards and Technology for the purpose ofdetermining the accuracy ofILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMEI\TDMENTS calibration gases. "Non-exempt vehicle" means any vehicle subject to emission inspections, regardless ofwhether the vehicle is in a certified configuration, under the Vehicle Emissions Inspection Law of

**2005~.** "Non-fleet vehicle" means anynon-exempt vehicle except for vehicles registered with the Agency for the purpose offleet self-testing. "Official inspection station" means a vehicle emission inspection facility operated by the Agency or the Agency's Contractor for the purpose of conducting emission inspections on non-fleet vehicles. "On board diagnostic data link connector (DLC)" means the interface bet\veen a vehicle's OBD system and the OBD scan equipment. "On-board diagnostic readiness code" means a status flag stored by a vehicle's onboard computer that indicates whether a given monitor has been mn (i.e., whether the component or system in question has been checked to determine ifit is functioning properly). "On board diagnostic (OBD) system" means equipment designed to monitor the performance ofemission control equipment, fuel metering systems, ignition systems and other equipment and operatingparameters for the purpose ofdetecting malfunctions or deterioration in performance that v1ould be expected to cause the vehicle to e7cceed federal emission standards. "On-board diagnostic test" means the electronic retrieval ofstored readiness status, diagnostic trouble codes, and MIL illumination status from a vehicle's OBD system to determine ifany emission related trouble codes are present and ifthe MIL is commanded to be on, which would indicate the existence ofan emission related malfunction with the vehicle. "On-road remote sensing test" means the observation, measurement, and recording ofvehicle exhaust emission concentrations ofhydrocarbons (HC), carbon monoxide (CO), and carbon dioxide (C02) present in each in-use vehicle while traveling on roadways orin specified areas by equipment that is not connected to the vehicle.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS "Preconditioning mode" means a period ofsteady-state loaded mode or high-idle operation conducted to ensure that the engine and emissions control system components are operating at normal operating temperatures, thus minimizing false failure caused by improper or insufficient warm-up. "Private official inspection station" means a vehicle emission inspection facility operated by a registered owner or lessee of 

### 15 ormore non-exempt fleet vehicles. "Recognizedrepair technician" means a person professionally engaged in vehicle repair, employed by a going concern whose purpose is vehicle repair, or possessing nationally recognized certification for emission related diagnosis and repair. "Renev;al emissions inspection sticker or certificate" means a sticker or certificate issued in acoordance 'Nith Section 276.306 ofthis Part to an ovlner ofa vehicle ·.vhioh successfullypasses a vehicle emissions test in accordance with the provisions ofthis Part. "Second-chance idle mode" means the second oftwo idle mode sampling periods during a steady-state idle mode test, preceded by a preconditioning mode and utilized as a second chance to pass idle exhaust emission standards immediately following an initial idle mode failure. "Span gas" means a gas ofknown concentrations which is used to check or adjust the analyzer response characteristics to those dete1mined bythe calibration gases. "Steady-state idle test" means a vehicle emission test procedure consisting ofan initial idle mode measurement ofexhaust emissions followed, if necessary, by a loaded orhigh idle preconditioning mode and a secondchance idle mode. "Temporary emissions inspection sticker or certificate" means a sticker or certificate issued in accordance 

### ·.vith Section 276.307 ofthis Part to an owner ofa vehicle subject to inspection Vl'hich currently has a valid initial or renev.ral emission inspection sticker or certificate, and which has met the requirements ofthis Part.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS "Test-by date (TBD)" means the date bywhich the vehicle is due to have an emissions inspection and corresponds to the date the vehicle's registration will expire. For non-expiring vehicle registrations, the TBD is the date ofthe vehicle's purchase anniversary month or, ifnot available, the month the vehicle was added to the Illinois Secretary ofState's registration database. "Test cycle" means the two-year period between a vehicle's test eligibility datesA
..ssigned Test Moffifls. "Test eligibility date (TED)" means the first day ofthe third month prior to the vehicle's TBD. "Vehicle curb weight" means the actual vehicle weight plus standard equipment and a full fuel tank. "V chicle emissions test notice" means a notice sent by the Agency to the owner(s) ofa vehicle informing the owner(s) ofthe need to comply with the requirements ofthe Vehicle Emissions Inspection Law of2005. "Vehicle inspection report" means a report issued to the motorist indicating the results ofan emission inspection or waiver determination. "Visual functional test" means a visual examination ofa vehicle's fuel cap for any readily apparent wear, tampering, or defects which would prevent the fuel cap from operating properly. "Waiver" means a suspension ofthe requirement that a non-exempt vehicle comply with testexhaust emission standards after two ormore attempts to do so, as provided for in this Part. "'.llaiver emissions inspection sticker or certificate" means a sticker or certificate issued in accordance with Section 276.309 ofthis Part to the owner(s) of a vehicle '.vhich has f ailed a vehicle emissions test and at least one retest, but successfully complies with the applicable wai·ver requirements ofthis Part. "Waiver inspection" means an inspection conducted by a waiver inspector to determine waiver eligibility.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS "Waiver inspector" means a person authorized by the Agency to conduct waiver inspections and to approve or disapprove applications for a waiver. "Waiver inspection report" means a form containing \vaiver eligibility requirements which is completed by a waiver inspector to determine**~ible** for a waiver. (Source: Amended at_Ill. Reg. ---------·' effective
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### Section 276.103 Abbreviations Abbreviations used in this Part include the following: ALV\¥ cc/min 

# co COz 

### GF¥ G\LS l:)LG DTC gpm GVWR HC HD¥ hr I/M kW 

### WH**~** LIW b¥W nn MIL 

### Nm.R: NIST NO 

### NOx**NG~** OBD adjusted loaded vehicle weight cubic centimeters per minute carbon monoxide carbon dioxide critical flov1 venturi constant volume sampler data link connector diagnostic trouble code grams permile gross vehicle weight rating hydrocarbons, as hexane heavy duty vehicle 

### hOUf inspection and maintenance kilowatt light duty truck 1 light duty truck 2 light duty vehicle loaded vehicle v1eight mile, miles malfunction indicator light non dispersive infrared National Institute for Standards and Technology nitrogen oxide oxides ofnitrogen nitrogen dioxide on-board diagnosticsppm 

### wmG f7St RPM SDM 

### £B 

### &&¥ TBD TED YIN ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS partsper million by volume pruts per million, carbon poundspersquareinch revolutions per minute source detector module standard error ofestimate subsonic venture test-by date test eligibility date vehicle identification number (Source: Amended at_ Ill. Reg.
_______ , effective

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### Section 276.104 Incorporations by Reference The following materials are incorporated byreference and include no later editions or amendments: a) 40 CFR 85.2225 (July 1, 1994)United States Environmental Protection Agency (USEPA), "IM240 and Evaporative Test Guidance: 1998 Revised Technical Guidance," Report EPA l'rl 1 cRSPD Th4 98 1 (Draft), 2565 Plymouth**R~ad,** Ann Arbor MI 48105 (March 1998). NOTE: Sections ofthis Guidance are referenced as though they are sections of40 CFR 85. b) United States Environmental Protection Agency (USEPA), "High Tech I/M Test Procedures, Emission Standards, Quality Control Requirements, and Equipment Specifications: IM240 and Functional Evaporative System Tests, Revised Technical Guidance," Report EPA /\.A RSPD IM 96 1 (Draft), 2565 PI:ymouth Road, Ann Arbor MI 48105 (June 1996). NOTE: Sections ofthis Guidance are referenced as though they are sections of40 CFR 85. ]2c) 40 CFR 85.2222,85.2223, and 85.2231 (July 1, 2001). d) 40 CFR 51.353(c), 51.358(b) and :t\ppendix D to SubpartS (July 1, 2001). (Source: Amended at_ Ill
. Reg.
________ , effect ive

_ ________ )
.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OFPROPOSED AMENDMENTS SUBPART B: VEHICLE EMISSIONS INSPECTION PROCEDURES 

### Section 276.201 General Description ofVehicle Emissions Inspection Procedures Compliance with steady-state idlevehicle exhaust, evaporative system integr:ityemissions, OBD on board diagnostics, and on-road sensing test standards contained in 35 Ill. Adm. Code Part 240 shall be determined byuse oftest procedures and otherrequirements as applicable as set forth in this Part, and shall beperformed to the extent practicable. The test procedure applicable to each non-e xempt vehicle shall bebased on the model year and vehicle type as supplied by the manufacturer. 

### Ifthis information is not available from the manufacturer, the model year and vehicle type shallbe based on registration information as supplied bythe Illinois Secretary of State. (Source: Amended at_Ill. Reg.

_____ ___ , effective

____ _ _ _ _ _ ) 

### Section 276.203 Dilution

- Steady-State Idle Exhaust Test--aDd Transient Loaded Mode Exhaust Test a) Steady State Idle fuhaust Test

---To prevent excess dilution in a steady-state idle exhaust emissions test described in Section 276.204, the sample probe shall be inserted a minimum of 10 inches into the vehicle's tailpipe. Extension boots shall be utilized ifit is impossible to insert the sampleprobe at least 10 inches into the tailpipe. A vehicle emission test shall be invalid ifthe applicable emission standards contained in 35 Ill. Adm. Code 240 are met but the sum ofthe CO and C02 concentrations inthe exhaust gas does not exceed 6 percent during the sample averaging period(s). b) Transient Loaded Mode Exhaust Test To prevent excess dilution in a transient loaded mode exhaust emissions test described in Section 276.207, the exhaust collection system shall be positioned to insure complete capture ofthe entire exhaust stream from the tailpipe during the transient driving cycle. The test system shall verify that the entire exhaust stream is being collected through continuous monitoring ofexhaust

**co,**

**~_ generated**  dm1ng the transient driving cycle and comparison with theoretical levels ofexhaust

**co~** produced bythe vehicle being tested. A vehicle emission test shall be invalid if the measured values fall below expected values during the transient driving cycle. At a minimum, the emission test shall be ilwalid iffive consecutive one second average

**CQ ~**  values fall belOVl 0
.085 percent during seconds 5 through 220 oftheILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS transient driving cycle. (Source: Amended at _Ill. Reg.
_________ , effective----------' 

### Section 276.204 Steady-State Idle Exhaust Emissions Test Procedures a) Steady-State Idle Test 1) Test Description ---The steady-state idle test with loaded preconditioning maybe substituted for the OBD testtransient loaded mode exhaust gas analysis for those vehicles identified in Section 13CB-25(c) and (d) ofthe Vehicle Emissions Inspection Law of2005.f.-9.9..§.. The steady-state idle test with loaded preconditioning consists ofa first-chance idle mode test followed, ifnecessary, by a second-chance test. The second-chance test consists ofa loaded preconditioned mode using a dynamometer, or a high idle preconditioned mode while in neutral orpark, followed immediatelyby an idle mode. 2) Engine Re Start In addition to the test procedures ofthis Section, the engines of 1981 1987 model year FordMotor Company vehicles and 1984 1985 model year Honda Preludes must be shut offfur not more than 1 0 seconds and restarted prior to initiating the idle mode ofthe second chance test. The probe shall be removed from the tailpipe orthe sample pump turned offif necessary to reduce analyzer fouling during the restart procedure. b) General Requirements 1) Initial tests (i
.e., those occurring for the first time in a vehicle's scheduled test cycle) shall be performed without repair or adjustment at the inspection facility priorto the test. 2) Tests shall be performed with Agency-approved equipment that has been calibrated according to the qualityprocedures contained in Section 276.602 ofthis Part. 3) Vehicles with apparent leaks offuel, oil, coolant, or exhaust shall not beILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS tested. 4) Vehicles with missing tail pipe sections which would prohibit full insertion ofan analyzer probe shall not be tested. 5) Vehicles shall be tested with their engines and emissions control systems at normal operating temperatures and not overheating (as indicated by gauge, temperature lamp, touch test on the radiator hose, and/or boiling radiator). 6) Vehicles shall betested without any accessories in operation. 7) Vehicles must be operated during each mode ofthe test with the gear selector in the position described as follows: A) in drive for automatic transmissions and in second (or third ifmore appropriate) for manual transmissions for the loaded preconditioning mode; and B) inneutral orpark for the idle mode test and the high idle preconditioning mode. 8) Forvehicles with multiple tailpipes, separate test results from each tailpipe shall be numerically averaged for eachpollutant sampled unless equipment capable ofsimultaneously sampling multiple tailpipes is utilized. 9) Vehicles subject to loaded mode preconditioning under subsection (e)(2)(B)(i) ofthis Section shall be rejected from testing ifdrive axle tires: exhibit visible cords, belts, bubbles, cuts, or other damage, or B) are space saver spare tires, or C) are not reasonably sized. 10) Vehicles subject to loaded mode preconditioning UBder subsection (e)(2)(B)(i) ofthis Section shall have their drive axletires inspected for properinflation. Ifthe air pressure ofone ormore ofthese tires appears low, it shall be inflated to approximately 30 psi, or to tire sidO\vallILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS pressure, or manufacturer's recommendations. 

### c) Procedures 1) The analysis ofexhaust gas concentrations must begin 10 seconds after the applicable test mode begins. 2) Exhaust gas concentrations must be analyzed at a minimum rate ofonce every 0.75 second. 3) The measured value for the pass/fail determination shall be a simple running average ofthe measurements taken over 5 seconds. 4) When used for loaded mode preconditioning, the dynamometer must be wanned up, in stabilized operating condition, adjusted, and calibrated in accordance with the procedures contained in Section 276.603 ofthis Part. Prior to each test, variable curve dynamometers must be checked for proper setting ofthe road load indicator orroad load controller. 1§-) 

### With the exception ofthose vehicles specified in subsections**(c)(~6)** and**~ofthis** 

### Section, the tachometer must be attached to the vehicle in accordance with the analyzer manufacturer's instructions.**~6)** 

### Vehicles that cannot continuously meet the engine speed requirements of subsection (e)(l)(B) ofthis Section within 30 seconds after initiation of the first-chance test shall be rejected upon verification ofthe proper operation and placement ofthe tachometer. Ifit is determined that the operation orplacement ofthe tachometer is faulty, immediate corrective action shall be taken and the vehicle shall be retested in accordance with subsection (e) ofthis Section. 7) For 1996 and newer model year LDVs, LDTls, and LDT2s, the OBD data link connector shall be used to monitor RPM. In the event that an OBD data link connector is not available orthat an RPM signal is not available over the data link connector, a tachometer shall be used instead. 

### §.&) Ifthe engine or vehicle 

### speed, as applicable, 

### falls outside the limits specified in subsections (e)(l)(B), (e)(2)(B)(i), 

### (e)(2)(B)(it) or (e)(2)(C) of this Section, as applicable, for more than 5 seconds in any one excursion, or 15 seconds over all excursions within a test mode, the mode timer shall

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED Ai\1ENDMENTS be reset to zero and the mode restarted. 19) For vehicles whose design prevents the monitoring ofthe engine rpm rate with a tachometer, the engine speed requirements ofsubsections (e)(1 )(B), (e)(2)(B), and (e)(2)(C) ofthis Section shall not apply. The preconditioning mode ofa second-chance idle test shall consist of accelerating the vehicle's engine to an estimated rate of2500 rpm for a period of30 seconds prior to initiating a second-chance idle mode test.**~-1-G)** 

### The sample probe must be inserted into the vehicle's tailpipe to a minimum depth of 10 inches. If

### the vehicle's exhaust system prevents insertion to this depth, a tailpipe extension must be used
. .2-1-) 

### The measured concentration ofCO plus C02 

### must be greater than or equal to 6 percent or the vehicle will be rejected.**1~)** 

### Ifa vehicle's engine stalls at any time during the test sequence, the test shall be aborted and restarted. Ifafter 3 attempts the test cannot be completed, the ve hicle shall be rejected. d) Pass/Fail Determination A pass or fail determination is made for each applicable test mode based on a comparison ofthe test standards contained in 35 Ill. Adm. Code 240.152 with the measured value for HC and CO as described in subsection (c) ofthis Section. A vehicle passes the test mode ifanypair ofsimultaneous measured values for HC and CO are below or equal to the applicable test standards. A vehicle fails the test mode ifthe values for either HC or CO, orboth, in all simultaneous pairs of values are above applicable standards. e) Test Sequence The steady-state idle test consists ofa first-chance test and a second-chance test. The first-chance test consists only ofan idle mode. The second-chance test consists ofa preconditioning mode followed immediately by an idle mode, and is performed only 

### ifthe vehicle fails the first-chance test. 1) First-Chance Test A) The test starts when the conditions specified in subsectionsILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS (e)(l)(B) and (e)(l)(C) ofthis Section are met. B) The mode starts when the vehicle engine speed is between 350 and 1300 rpm. The minimum mode length is determined as described under subsection (e)(l)(C) ofthis Section. C) The pass/fail analysis begins after an elapsed time of 10 seconds. A pass or fail determination is made for the vehicle and the mode is terminated in accordance with subsections (e)(l)(C)(i) through (e)(l)(C)(iv) ofthis Section. i) The vehicle passes the idle mode and the test tem1inates on orbefore an eiapsed time of30 seconds, ifthe measured values are less than or equal to the applicable test standards as described in subsection (d) ofthis Section. ii) The pass/fail analysis shall continue beyond 30 seconds as long as emission readings are declining based upon comparison ofthe last 5 consecutive measured values. The vehicle passes the idle mode and the test is immediately terminated if, at anypoint between an elapsed time of30 seconds and 90 seconds, the measured values are less than or equal to the applicable test standards described in subsection (d) ofthis Section. iii) The vehicle fails the first-chance test ifthe provisions of subsection (e)(l)(A), (e)(l)(C)(i), or (e)(l)(C)(ii) ofthis Section are not met. iv) The vehicle shall fail the first-chance test and the secondchance test shall be omitted ifno measured values less than 1800 ppm HC are found by an elapsed time of30 seconds. 2) Second-Chance Test A) Ifthe vehicle fails the first-chance test, a second-chance test is performed except as described in subsection (e)(l)(C)(iv) ofthis Section. B) Preconditioning ModeILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS At all Official Inspection Stations, and those Private Official Inspection Stations equipped with dynamometers, 

### all LDVs, LDTls, and LDT2s that require a second chance test shall be preconditioned in accordance with the loaded modeprocedures specified in subsection (e)(2)(B)(i) ofthis Section. All LDVs, LDTls, LDT2s, and HDVs that, because ofthe vehicle design or configuration, cannotbe preconditioned onthe dynamometer, or are tested at Private Official Inspection Stations not eqllipped with dynamometers, shall be preconditioned using the high idle preconditioning procedures specified in subsection (e)(2)(B)(ii) of this Section. i) Loaded Preconditioning Mode The mode starts when the dynamometer speed is within the limits specified for the vehicle engine size in accordance \Vith the follo'Ning schedule. The mode continues for an elapsed time of30 seconds. Dynamometet· Test Schedule

Number ofCylinders 

### 4 or less

7 ormore Roll Speed Mph (km/hr)**~** (35 40)**~** (47 52)**~** (52 56) ii) High Idle Preconditioning Mode Brake Horsepov,rer 

## OO:¥i 2.8 4.1 (2.1 3.1) 6.8 8.4 (5.1 6.3) 8.4 10.8 (6.3 8.1)

The high idle preconditioning mode starts when the engine speed is between 2200 and 2800 rpm, orbetween 1650 and 1950 rpm on specified vehicles equipped with ZF 4-speed Automatic Transmissions. The mode continues for an elapsed time of30 seconds.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OFPROPOSED AMENDMENTS C) Idle Mode The mode starts 5 seconds after the dynamometer speed has reached zero ifloaded preconditioning has been used, or 'Nhen the vehicle engine speed returns toisbetween 350 and 1300 rpm after ff..high idle preconditioning is used. The minimmn idle mode length is determined as described in subsection (e)(2)(D) ofthis Section. D) Thepass/fail analysis begins after an elapsed time of 10 seconds. A pass or fail determination is made for the vehicle and the idle mode is tenninated in accordance with the following: i) Ithe vehicle passes the idle test and the test terminates on or before an elapsed time of60 seconds ifthe measured values are less than or equal to the applicable test standards as determined bythe procedure described in subsection (d) ofthis Section; ii) Ithe vehicle fails the idle test and the test terminates ifthe provisions ofsubsection (e)(2)(D)(i) are not met within an elapsed time of60 seconds. (Source: Amended at
_ Ill. Reg. effective

_ ______________ _J 

### Section 276.205 Evaporative System Integrity Test Procedures a) Applicability The evaporative system integrity test shall be performed in accordance with the fuel cap leak flow test procedures or fuel cap pressure decay test procedures, and fuel cap visual functional test procedures specified in subsections (b) and (c) of this Section. b) Test Procedures 1) Fuel Cap Leak Flow Test The fuel cap shallbe removed from the vehicle's fuel inlet and installed on the fuel cap leak flow tester, using an adapter ifnecessary. All fuel capsILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS that require a key for removal from the vehicle's fuel inlet shall be tested with the keyremoved from the lock. At Official Inspection Stations, Ithe workstationlane computer shall provide the inspectorlane operator with information as to whether the fuel cap tester can be used to test the vehicle's fuel cap and which adapter, ifany, is required, based on one or more ofthe following items: vehicle identification number (VIN)., make, model, and model year. Ifthe fuel cap canbe tested, then the following task shall beperformed: A) Ithe fuel cap leak flow tester shall be pressurized to 30 ± 1 inches ofwater. The inspector shall initiate the test. The fuel cap leak flow tester shall measure the fuel cap leak flow rate and simultaneously compare this flow rate with the flow rate through the calibrated orifice; B) Wwithin 15 seconds after the depression ofthe start-test button, the fuel cap leak flow tester shall make a pass/fail determination. Pass/fail analysis shall be determined according to the procedures in subsection (c) ofthis Section; C) Efuel caps which have failed an initial integrity test under subsection (c)( 4) of this Section shall immediatelyreceive a second-chance fuel cap leak flow test after first ensuring that the fuel cap has been installed on the fuel cap leak flow tester correctly. Theprocedure contained in subsections (b)(l)(A) and (b)(l)(B) ofthis Section shall be repeated; and D) Aatthe conclusion ofall fuel cap leak flow tests, the fuel cap shall be removed from the fuel cap leak flow tester and replaced on the filler neck, ensuring that it is properlytightened. 2) Fuel Cap Pressure Decay Test The fuel cap shall beremoved from the vehicle's fuel inlet and installed on the fuel cap pressure decaytester, using an adapter ifnecessary. All fuel caps that require a key for removal from the vehicle's fuel inlet shall be tested with the keyremoved from the lock. At Official Inspection Stations, Tthe workstationlane computer shall provide the inspectortane operator with information as to whether the pressure decay tester can be used to test the vehicle's fuel cap and which adapter, ifany, is required,

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS based on one ormore ofthe following items: VIN, make, model, and model year. Ifthe fuel cap can be tested, then the following task shall be performed: A) Ithepressure decay tester shall be pressurized to 28 ± 

### 1 inches of water. The inspector shall initiate the test. Thepressure decay tester shall monitor the pressure behind the fuel cap and look for pressure decay; B) Ithepressure decay shall be monitored for 10 seconds after stability is achieved for 10 seconds. Pass/fail analysis shall be determined according to the procedures in subsection (c) ofthis Section; C) fJuel caps that have failed an initial integrity test under subsection (c)(4) ofthis Section shall immediatelyreceive a second-chance fuel cap pressure decay test after first ensuring that the fuel cap has been installed on the pressure decay tester correctly. The procedure contained in subsections (b)(2)(A) and (b)(2)(B) ofthis Section shall be repeated; and D) Aat the conclusion ofall fuel cap pressure decay tests, the fuel cap shall be removed from the pressure decay tester and replaced on the filler neck, ensuring that it is properly tightened. 3) Visual Functional Test Ifthe vehicle has a fuel cap, but the fuel cap cannot be tested using the leak flow orpressure decay test procedures, then a visual functional test of the fuel cap shall be performed. c) Pass/Fail Determination 1) Vehicles which are presented for testing with missing, inaccessible, incorrect, non-removable, illegal, orotherwise non-testable fuel caps shall fail the evaporative system integrity test. 2) Ifthe vehicle's fuel cap ispresent and can be tested using either the fuel cap leak flow test orthe fuel cap pressure decay test under subsection (b)(l) or (b)(2) ofthis Section and, 

### iftested, the test result does not exceedILLINOIS REGISTER ENVIRONMENTAL .PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS either the fuel cap leak flow rate standard contained in 35 Ill. Adm. Code 240.172(b) orthe fuel cap pressure decay standard contained in 35 Ill. Adm. Code 240.172(a), then the vehicle shall pass the evaporative system integrity test. 3) Ifthe vehicle's fuel cap is present and is tested under the provisions of subsection (b)(3) ofthis Section, and the test result does not exceed the visual functional test standard contained in 35 Ill. Adrn. Code 240.172(c), then the vehicle shall pass the evaporative system integrity test. 4) Ifthe vehicle's fuel cap is tested using either the fuel cap leak flow test or the fuel cap pressure decay test under theprovisions ofsubsection (b)(1) or (b)(2) ofthis Section, and does not meet the applicable standards contained in 35 TIL Adm. Code 240.172, the vehicle shall fail the evaporative system integrity test. (AGENCY NOTE: No vehicle will be failed under subsection (c) until applicable standards have been adopted at 35 Ill. Adm. Code 240 and are effective.) (Somce: Amended at
_ Ill. Reg.

____ _ __ _ , effective

_____ ___ _, 

### Section 276.207 Transient Loaded Mode Exhaust Emissions Test Procedures (Repealed) a) General Requirements 1) The test shall consist ofup to 240 seconds ofmass emission measurement using a constant volume sampler while the vehicle is driven through a computer monitored driving cyc1e on a dynamometer vrith inertia weight settings appropriate for the weight ofthe vehicle. The driving cycle shall include acceleration, deceleration, and idle operating modes as specified in subsection (e)(l) ofthis Section. The 240 second sequence may be ended earlier using fast pass algorithms. 2) The emission standards and dynamometer inertia andpower absorption settings shall be automatically selected for the vehiclebeing tested based upon the identification and validation ofthe following, as needed: Vehicle type: LDV, LDTl, LDT2, and others as needed; B)ILLINOIS REGISTER El\TVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS C) 

### Chassis model year; D) Make; E) Model; F) Number ofcylinders; G) 

### Transmission type; H) LVV/ or ALVW; and I) Engine displacement. Alternative computerized methods ofselecting dynamometer test conditions, such as VIN decoding, maybe used. 3) The ambient temperature, absolute humidity, and barometric pressure shall be recorded continuously during the transient test, or as a single set of readings iftaken less than 4 minutes prior to the transient driving cycle
. 4) Ifthe vehicle is shut off, the vehicle shall be restarted as soon as possible before the test and shall be running for at least 30 seconds prior to the transient driving cycle begins. 5) Ifa vehicle stalls during a transient test, the test shall be aborted and restarted. Ifafter 3 attempts the test cannot be completed, the vehicle shall be rejected. b) Pre inspection and Preparation 1) Initial tests (i.e., those occurring for the first time in a vehicle's scheduled test cycle) shall be performed \vithout repair or adjustment 

### at the inspection facility prior to the test. 2) A test, once initiated, shall beperformed in its entirety regardless of intermediate outcomes, except in the case ofiw ralid test conditions or unsafe conditions. 3) Tests involving measurement shall beperformed with Agency approvedILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS equipment that is operated in accordance vlith the procedures contained in 40 CFR 85.2234 (Draft), incorporated byreference in Section 276.104(a) ofthis Part. 4) All accessories (air conditioning, heat, defogger, radio, automatic traction control ifswitchable, etc.) shall be turned off(ifnecessary, bythe inspector). 5) The vehicle shall be inspected for exhaust leaks. Audio assessment while blocking exhaust flo·.v or gas measurement of

### C02, or other gases shall be acceptable. Vehicles with leaking exhaust systems shall berejected from testing. 6) Vehicles with missing tailpipe sections that prohibitplacement ofthe exhaust collection system to capture the entire exhaust stream shall be rejected from testing. 7) The vehicle temperature gauge, ifequipped and operating, shall be eheeked to assess temperature. Ifthe temperature gauge indicates that the engine is well below nonnal operating temperature, the vehicle shall receive a second chance emission test 

### ifit fails the initial test for HC or CO. Vehicles in overheated condition shall be rejected from testing. 8) Vehicles shall berejected from testing ifdrive axle tires: exhibit visible cords, belts, bubbles, cuts, or other damage, or B) are space saver spare tires, or C) are not reasonably sized tires. 9) Vehicles' drive axle tires shall be inspected for proper inflation
. Ifone or more ofthese tires appears low, it shall be inflated to approximately 30 psi, or to tire sidewall pressl:lfe, or manufacturer's recommendation. 10) Drive rude tires ofvehicles subject to additional testing for the purpose of program evaluation under 40 CFR 51.353, incorporated by reference in Section 276.104(d) ofthis Part, shall have their tires inflated to tire side\vall pressure.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 11) Background concentrations ofHC, CO, NO*, and C02. shall be sampled as specified in 40 CFR 85.2226(b)(2)(iv) (Draft), incorporated by reference in Section 276.104(a) ofthis Part, to determine background concentration ofdilution air. The sample shall be taken for a minimum of 15 seconds ·.vithin 120 seconds after the start ofthe transient driving cycle, using the same analyzers used to measure tailpipe emissions. Average readings over the 15 seconds for each gas shall be recorded in the test record. Testing shall be prevented UH:til-the average ambient background levels are less than 20ppmC HC, 35 ppm CO, and 2 ppm NO*"(when applicable), or outside ambient air levels (not influenced by station exhaust), '>vhichever are greater. 12) While a lane is 

### in operation, the CVS shall continuously purge the CVS hose between tests. The blower maybe turned offifthe CVS is not in operation, but the system shall bepurged for 2 minutes prior to the start of a test ifthe blower has been turned off. The offtime shall be computer monitored and recorded to a history file for quality assurance. c) Equipment Positioning and Settings Vehicle positioning and settings shall be conducted according to the method specified in 40 CFR 85.2221(c) (Draft), incorporated byreference in Section 276.104(a) ofthis Part, with the following exceptions: 1) the cooling fan need only be activated when the ambient temperature exceeds 72°F; 2) the parking brake should only be activated on front wheel drive vehicles when possible; and 3) the hood will not be opened for cooling purposes. d) Vehicle Conditioning 1) Queuing Time When the measured v1ait time exceeds 20minutes, the verucle shall receive a second chance emission test ifthe following conditions apply: fails the test; andILLINOIS REGISTER E:t\TVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS B) measured values for HC, CO, and NO* (ifapplicable) are at or below 1.5 times the applicable standards of35 Ill
. Adm
. Code 240
. 2) Program Evaluation Vehicles selected for additional testing for the purpose ofprogram evaluation under 40 CFR 51.353, incorporated byreference in Sectioo 276.104(d) ofthis Part, shall receive two full transient emission tests of 240 seconds each. Results from both tests and the test order shall be separately recorded in the testrecord. Emission results shall be provid
. ed to the motorist according to the fullm.ving criteria: Ifthe vehicle passes both tests, then the first test result shall be provided
. B) Ifthe vehicle passes one test and fails the other test, then the test results from the passing test shall be provided.

**~c,..) --t-I+-f+~th'Tfe!-'vehicle**  fails both tests, t hen the test results from the second test shall be provided. e) Vehicle Emission Test Sequence 1) Transient Driving Cycle The vehicle shall be driven over the driving cycle contained in Section 276.Table 

### A. ofthis Part. 2) Driving Trace The inspector shall follow an electronic, visual depiction ofthe time/speed relationship ofthe transient driving cycle (hereinafter, the trace). The visual depiction ofthe trace shall be ofsufficient magnification and adequate detail to allo'tv accurate tracking by the driver and shall permit the driver to anticipate upcoming speed changes. The trace shall also clearly indicate gear shifts as specified in subsection (e)(3) ofthis Section. 3) Shift Schedule For vehicles with manual transmissions, inspectors shall shift gearsILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OFPROPOSED AMENDMENTS according to the following shift schedule: Shift Sequence :Approx:imate Speed Nominal Cycle Time 

### GeaF Miles PerHour Seconds .f-2

**~** 9-:-:3- H 

## u 4+-:G De clutch -8 

### 8+:9 .f-2

**~** i:-Q.:h6 H 

## u

**~**

**~** -l-7

**~** H 

## u

**~**

**~** 4{1

**~**

**~** # -l-6+.G

**~** 

## w

**~** De clutch

**~**

**~** Gear shifts shall occur at the points in the chiving cycle where the specified speeds are obtained. For vehicles v,rith fuwer than 6 forward gears, the same schedule shall be follo\ved with shifts above the highest gear disregarded. 4) Speed excursion limits shall apply as follows:

B) C)
D) Theupper limit is 2 mphhigherthan the highest point on the trace v1ithin 1 second ofthe given time. The lower limit is 2 mph lower than the lov{est point onthe trace within 1 second ofthe given time
. Speed variations greater than the tolerances (such as may occur during gear changes) are acceptable provided that they occur for no more than 2 seconds on any occasion. Speeds lower than those prescribed during the underpowered intervals ofseconds 4 through 18, 97 through 115, and 154 th rough 219 ofthe trace will allow the station supervisory personnel the option ofoverriding the automatic void ofthe test. As part ofthe override, the station supervisorypersonnel will be required to witness a second trace.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS i) During the station supervisorypersonnel's '>Vitness ofthe second or subsequent trace, the test will be aborted ifa speed variation exists for more than two seconds on any occasion outside the underpowered intervals. Ifthis condition is detected, the test shall be stopped, and maybe restarted, or aborted and rejected. ii) Ifa speed lower than those prescribed during the underpo\vered intervals is detected, the vehicle will have the opportunity to regain the test trace speed. Once the test trace speed is attained, the vehicle will be required to meet the speed excursion limitations for the entirety ofthe trace, outside the underpowered intervals
. iii) Station supervisory personnel overrides canbe used to accept the results ofthe witnessed second or subsequent trace(s) ifthe override is flagged with a trace statistic or distance error so long as 

### it meets the requirements specified in subsections (e)(4)(D)(i) and (e)(4)(D)(ii). E) The test shall be aborted and immediately restarted if speed excursion limits are exceeded, except as described in subsection (e)(4)(D) ofthis Section. 5) Speed Variation Limits The speed variation limits shall be detennined by one ofthe following methods: A) Linear Regression Method i) A linear regression offeedback value on reference value shall be perfonned on each transient driving cycle for each speed using the method ofleast squares, with the best fit equation having the fonn: y- rnx 

# * b, 'Nhere: y The feedback (actual) value ofspeed m 

## = The slope ofthe regression line x = The reference value b The y intercept ofthe regression lineILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS ii) The SE ofy on x shall be calculated for each regression line. A transient driving cycle lasting the full240 seconds that exceeds the following criteria shall be void and the test shall be repeated: £E 

## = 2.0 mph maximum ffi = 0.96 1.01 r;>, 0.97 minimum b = 2.0mph iii) i\: transient driving cycle that ends before the full 240 seconds that exceeds the following criteria shall be void and the test shall be repeated:

£E = (Reserved) 

### m = (Reserved) r;>, 

## = (Reserved) b = (Reserved) B) Positive Kinetic Energy (PKE) Method i) The speed variation limits shall be detennined by the follovl'ing equation for Positive Kinetic Energy (PKE): N X PKE =**.** ;. 

### ±NT 

### x 

## ax
where:t={) 

### g


### P.Pt = 

### ¥ 2**~o-**----¥ 2t-l-mi;>,

## W ...:fur-¥-r->--¥-t-+ 

### P.Pt = 0 for**Vt-~** x = distance (miles) 

### P.Pt = Positive Specific Po•.ver at time t ¥-t = Velocity at timet ¥-t-+ = Velocity at time t 1 ii) A transient driving cycle lasting the full 240 seconds with a PKE value that is belo,;v the lower PKE limit for passing vehicles or above the upper limit for failing vehicles shall be void and the test shall berepeated: Upper Limit: PKE > 3456 mifhl Lower Limit: PKE 

### < 3082 mi/hlILLINOIS REGISTER El'I'VIRONMENTAL PROTECTION AGENCY NOTICE OFPROPOSED Ai\1ENDMENTS iii) A transient driving cycle that ends before tho full240 seconds 'vvith a PKE value that is below the lower second by second PKE limit for passing vehicles or above the upper second by second PKE limit for failing vehicles shall be void and the test shall be repeated. The second by seeend upper and lower PKE limits are specified in Section 276.Table B. PKEvalues shall not be used to make early pass/fail determination. 6) The actual distance traveled for the transient driving cycle shall be measured. Ifthe absolute difference bet\veen the measured distance and the theoretical distance for the actual test exceeds 0.05 miles, the test shall be void and shall be repeated. 7) The vehicle shall be rejected if, during the course ofthe transient loaded mode test, station supervisory personnel verify that the test carJlot be completed doo-te-t-l:re-rneohanical condition ofthe vehicle. 8) Inertia Weight Selection Operation ofthe inertia weight selected for the vehicle shall be verified as specified in Section 276.506(a) ofthis Part. For systems employing electrical inertia simulation, an algorithm identifying the aetual inertia force applied during the transient driving cycle shall be used to determined proper inertia simulation. 9) The CVS operation shall be verified fer each test for a CFV type CVS by measuring either the absolute pressure difference across the venturi or measuring the blower vacuum behind the venturi for minimum levels needed to maintain choke fler.v for the venturi design. The operation ofan SSV type CVS shall be verified throughout the test bymonitoring the difference inpressure behveen upstream and throat pressure. The minimum values shall be determined from system calibrations. Monitored pressure differences belm"'' the minimum values shall void the test, and a test lane system lockout shall be initiated. No further testing shall be done until the problem is corrected by station supervisory personnel. At Official Inspection Stations, the vehicle involved shall be immediately retested in a properly operating lane.ILLINOIS REGISTER ENVIRONMENTAL PROTECTIONAGENCY NOTICE OFPROPOSED AMENDMENTS f) Transient Loaded Mode Exhaust Gas Test Score Calculations Thetransient loaded mode exhaust gas test score shall be determined according to the method specified in 40 

### GFR 85.2205(b) (Draft), incorporated byreference in Section 276.104(a) ofthis Part, with the following exceptions: 1) The Phase 2 scores for the test shall be determined by dividing the sum of the mass ofeach pollutant obtained in each second ofthe Phase 2 test by the number ofmiles driven in the Phase 2 test. The first data point is the sample taken from t=94 tot 95. ThePhase 2 test score shall be detennined bythe following equation:


### s

**~** grams ofemissions Phase 2 gpm t=94 

### s

**~** miles traveled t=94 ¥/here s duration oftest in seconds for fast pass, or
s - 239 'seconds for complete transient loaded mode exhaust gas test, 2) NOlEe nitrogen oxide concentration ofthe dilute exhaust sample as measured in ppm and multiplied by 1.03. 3) NO*"'

- background nitrogen oxide concentration ofthe dilution air, sampled as described in 40 CFR 85.2221(b)(5) (Draft), incorporated byreference in Section 276.104(a) ofthis Part, as measm·ed in ppm and multiplied by 1.03. g) Pass/Fail Determination Compliance with the transient loaded mode exhaust emission test shall be made in accordance with the standards contained in 35 lll. Adm. Code 240, SubpartE. 

### (Source: Repealed at_Ill. Reg. _ _ _ _ ___ __, effective,

___ __ ___ _/ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMEl'!TIMENTS 

### Section 276.209 On-Board Diagnostic TestProcedures a) Test Procedures The OBD test procedure shall be conducted according to the method specified in 40 CFR 85.2222(a), (b), and (c), incorporated by reference in Section 276.104(]2c) ofthis Part. However, once initiated, the OBD test shall be conducted as completely as possible, regardless ofintermediatereject or fail results. b) Pass/Fail Determination The pass /fail determination for OBD testing shall be conducted according to the method specified in40 CFR 85.2222(d), incorporated byreference in Section 276.104(!2e) ofthis Part, c) Reject Detem1ination ---Thereject dete1mination for OBD testing shall be conducted according to the method specified in 40 CFR 85.2222(c), incorporated by reference in Section 276.104(b) ofthis Part, with the following modifications, according to which a vehicle shall be rejected from testing: 1) I the vehicle is presented for testing, passes the OBD inspection, but the number ofunset non-continuous OBD readiness codes exceeds the following: A) 2 monitors "notready" for MY 1996 to MY 2000 vehicles, and B) 1 monitor "not ready" for MY 2001 and newer vehicles, or 2) Ithe vehicle is presented for retesting after an OBD failure involving catalytic converter DTCs P0420 through P0439, and the catalyst monitor is "not ready" at the time ofretest. d) OBD TestReport The OBD test report shall be prepared according to the method specified in 40 CFR 85.2223, incorporated byreference 

### in Section 276.104(!2e) ofthis

**Part~,.--with** the exception that: the following statement shall be a<ided to the report for all OBD tests conductedprior to January 1, 2002, in accordance with 3 5 TIL Adm. Code

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OFPROPOSED A;.\1ENDMENTS 240.191: "A-t 

### the present time, passing the OBD test is not a requirement for passing the Enhanced I/M 

### test. Therefore, this information is being provided

**~in** 

### diagnosing emission related problemS. 11 

### AGENCY NOTE: No vehicle shall fail the 

### TIM test on the basis ofthe OBD test until January 1, 2002, in accordance 'Nith 35 Ill. Adm. Code 240.191. (Source: Amended at_ Ill. 

### Reg.

_____ ___ , effective

_ _____ _ _ _; SUBPART C: EMISSIONS COMPLIANCESTICKER ORCERTIFICATE ISSUANCE, DISPLAY, AND POSSESSION Section 276.301 General Requirements a) The owners ofall vehicles subject to inspection shall obtain and display on the vehicle a valid unexpired vehicle emissions inspection sticker, or carry within the vehicle a valid unexpired vehicle emissions complianceinspection certificate from the Agency, whichever is required bythe Agency and issued in the manner described inthis Section. b) The ovmer ofeveryvehicle which receives an emissions inspection sticker or certificate shall berequired to have the vehicle inspected prior to the expiration date ofthe sticker or certificate, and shall berequested to have the vehicle inspected prior to the end ofthe Assigned Test · Month. Q.c) Failure to comply with applicable provisions ofthe Vehicle Emissions Inspection Law [625 ILC8 5/Ch. 13A:) or the Vehicle Emissions Inspection Law of2005 -1-99-§. 

### [625 ILCS 5/Cfr.--13CB] f-shall subject the owner(s) ofthe vehicle to the enforcement provisions thereof. (Source: Amended at
_ Ill. Reg.

_______ _ , effective-

--------' Section 276.303 Emissions Compliancelnspeetion Stieker or Certificate Design and Content All emissions complianceinspection stickers or certificates required under this Section shall, at a minimum, include the following information in a clear and recognizable fashion:ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS a) The statement "Registration Renewal Authorized" the month and year the sticker or compliance certificate expfre&; b) ItheTED (month and year} in which the vehicle is next scheduled for testing; and, c) Aaunique emissionssticker or compliance certificate number.,-; and 

### ill The following vehicle information:


## Il License plate number; l} Vehicle model year; and 

### :D. Vehicle make. (Source: Amended at_ Ill. Reg.--

------'effective

_ ___ ____ ____, 

### Section 276.304 Initial Emissions Inspection Stickers or Certificates (Repealed) The Initial Emissions Inspection Sticker or Certificate enables a vehicle not previously subject to inspection to display a valid sticker orpossess a valid certificate within the vehicle to demonstrate compliance 'Nith the Vehicle Emissions Inspection Law or the Vehicle Emissions Inspection La'\v of 1995 pending such vehicle receiving an initial emissions inspection. Such sticker or certificate shallbe issued as follov;s: a) The Agency or its designee shall send Initial Emissions Inspection Stickers or Certificates to O'.vilers ofall vehicles initially subject to inspection no less than fifteen days priorto the first day ofthe month invlhich the vehicle is scheduled for its initial inspection. Each Initial Emissions Inspection Sticker orCertificate shall expire onthe last day ofthe third month following the month assigned by the Agency for the initial inspection
. b) Each Initial Emissions Inspection Sticker or Certificate shall include a notice of the assigned month ofthe initial emissions inspection and shall be accompanied by a clear statement from the Agency that, based on vehicle records, the vehicle is subject to applicable emissions inspection requirements ofthe Vehicle Emissions Inspection Lav1 and the Vehicle Emissions Inspection La'+'t' of 1995, as applicable.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS A form accompanying the sticker or certificate will be provided to tho vehicle owner to allow for correction ofany infOrmation relied upon by the Agency. 

### (Source: Repealed at_Ill. Reg.

_ _______ , effective,---

-------.-./ 

### Section 276.305 Exempt Emissions Inspection Stickers or Certificates (Repealed) a) An Exempt Emissions Inspection Sticker or Certificate maybe issued bythe Agency or its designee for each vehicle registered in an Affected County that either: 1) is exempt from emissions inspection pursuant to Section 13B 15fofthe Vehicle Emissions Inspection Law of 1995; or 2) is exempt from emissions inspection pursuant to Section 13B 15(g) ofthe Vehicle Emissions Inspection Lmv of 1995, provided however, that in order to receive an exemption under Section 13B 15(g), the ovmer ofthe vehicle mustprovide sufficient proofto the i\gency that the vehicle is not located and primm.ily operated within an Affected County. b) Each Exempt Emissions Inspection Sticker or Certificate shall, at a minimum, include the following information in a clear and recognizable fashion: 1) A unique sticker or certificate number; 2) the word "EXm.fi>T"; and 3) the month and year the sticker or certificate eJ£pires, ifapplicable. 

### (Source: Repealed at_Ill. Reg.

____ __ _ _ , effective

___ _ _ __ _ ..../ 

### Section 276.306 Renewal Emissions Inspection Stickers or Certificates (Repealed) A Rene\val Emissions Inspection Sticker or Certificate 

### 'Nill be issued by the Agency or its designee to the owner ofeach vehicle vlhich successfully passes a vehicle emissions test. Each Rene'>val Emissions Inspection Sticker or Certificate v.,rill contain the information indicated in Section 276.303 and the word "PASS". 

### (Source: Repealed at_Til. 

### Reg .-- - - - ---'effective

_______ _ _/ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 

### Section 276.307 Temporary Emissions Inspection Stickers or Certificates (Repealed) a) The Agency or its designee may issue a Temporary Emissions Inspection Sticker or Certificate for any vehicle subject to inspection which currently has a valid Renewal or Initial Emissions Inspection Sticker or Certificate, and for which an Initial Emissions Inspection Sticker or Certificate has already been issued. b) A Temporary Emissions Inspection Sticker or Certificate may only be issued if the vehicle's owner informs the Agency that the vehicle will be tested bythe end ofthe seventh month after the vehicle's Assigned Test Month, and one ormore of the following conditions exist: 1) the vehicle is located and being primarily operated in an area not cunently subjectto inspection under the Vehicle Emissions Inspection LU\v; 2) the vehicle is inoperative or has failed a vehicle emissions inspection and is awaiting necessary repairs to enable the vehicle to comply; or 3) the vehide has not received necessary repairs or adj:1stments for which it is eligible under any emissions performance ·.vananty provided pursuant to Section 207 ofthe Clean Air Act. c) / 1 L Temporary Emissions Inspection Sticker or Certificate shall be issued and contain a sticker or certificate expiration date which is the end ofthe seventh complete month after the Assigned Test Month. d) A Temporary Emissions Inspection Sticker or Certificate may only be issued to the owner ofa vehicle once in the vehicle's test cycle. 

### (Source: Repealed at
_ Ill. Reg.
________ , effective
________**_~** 

### Section 276.308 Corrected or Interim Emissions Inspection Stickers or Certificates (Repealed) Vehicles subject to emissions inspection which have previouslybeen issued an Initial Emissions Inspection Sticker or Certificate and which have an Assigned Test Month maybe reassigned to a later Assigned Test Month. \¥henever such reassignment is approved bythe Agency, the Agency orits designee shall issue a Corrected or Interim Emissions Inspection Sticker or Certificate to the owner ofthe vehicle.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS a) The Agency shall issue a Corrected or Interim Emissions Inspection Sticker or Certificate for a vehicle ifone or more ofthe following conditions exist: 1) the Agencyis notified by the Secretary ofState that the vehicle has been registered by a ne\V O\vnor and the Agency assigns a test month for the vehicle that is later than the currently Assigned Test Month in order for the registered O'tvner ofthe vehicle to receive proper notice to have the vehicle tested; 2) the Agency finds it necessary to reassign vehicles to a later Assigned Test Month and year in order to implement the Vehicle Emissions Inspection Law of 1995 ; or 3) the vehicle is assigned a new test month and year as a result ofthe granting ofa petition pursuant to Section 276.311. b) All Corrected or Interim Emissions Inspection Stickers or Certificates shall expire at the end ofthe third month follo';ving the Assigned Test Month
. 

### (Source: Repealed at_Ill. Reg.

__ _ _ ____ , effective

----- - -----' 

### Section 276.309 Waiver Emissions Inspection Stickers or Certificates (Repealed) A \VaiverEmissions Inspection Stickeror Certificate shall be issued by the Agency to the owner ofany vehicle which fails a vehicle emissions test and at least oneretest but successfully complies \vith the applicable waiverrequirements ofSection 276.401. Each Waiver Emissions Inspection Sticker or Certificate will contain the information indicated in Section 276.303 and the word "\Vt\IVER". 

### (Source: Repealed at
_ Ill. Reg.

__ _ _____ , effective,

___ _ __ __ __/ 

### Section 276.310 Emissions Inspection Sticker and Certificate Display and Possession (Repealed) a) Ifan emissions inspection sticker required by this Part is issued bythe Agency or its designee to the ovmer ofa vehicle, it shall be affixed to the lmver left hand side ofthe vehicle's windshield as viewed by the driver facing to'.vard the front ofthe vehicle. Suoh sticker shall be affixed so as not to obscure the Vehiole Identification Number (VIN) ofthe vehicle when viewed from the outside. No more than one emission inspection sticker shall be displayed at any time. IfanILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS emissions inspection certificate required by this Part is issued by the Agency or its designee, it shall be carried inside the vehicle for \vhich it is issued. b) 1\ny sticker or certificate issued and required to be affixed to orpossessed within a vehicle subject to inspection under the Vehicle Emissions Inspection Law, '>vhether expired orunexpired, shall not be removed by any person for any reason. Ifthe sticker or cetiificato is damaged or destroyed a duplicate sticker or certificate shall be requested from the Agency or its designee and issued to the ovmer ofthe vehicle. 

### (Source: Repealed at_ Ill. Reg. ------------' effective

____ ____ _ ) Section 276.311 Change ofAssigned Test Month (Repealed) Any person •nrho is unable to have his orher vehicle tested in the month assigned bythe Agency may request a permanent change ofthe Vehicle's Assigned Test Month. The A
. gency may gmnt the request, reassign the vehicle's Assigned Test Month, and issue a Corrected Emissions

**~ection** Sticker or Certificate as follows: a) ifa vehicle is unable to be tested bythe end ofthe seventh month after its Assigned Test Month, and is not eligible for an exemption under Section 276.305 nor covered by reciprocity provisions ofSubpart 

### J, a new test month will be assigned based on the month the vehicle will return to an Affected County; and b) ifthe vehicle is in storage during the month ofOctober, November, December, January, February or March, the vehicle will be assigned a test month ofthe follovling April, May, or June ifthe request is received priorto the sticker or certificate expiration date. 

### (Source: Repealed at_Ill. Reg.

_ __ __ _ __ , effective,

__ _ __ _ __ _ ) Section 276.312 Economic Hardship Extension Stickers or Certificates (Repealed) An Economic Hardship Extension Sticker or Certificate shall be issued bythe Agency to the ovmer(s) ofany vehicle that fails a vehicle emissions test but successfully complies with the applicable economic hardship extension requirements ofSection 276.404 ofthis Part. Each Economic Hardship Extension Emissions Inspection Sticker or Certificate \Vill contain the information indicated in Section 276.303 and the words "ECONOMIC HARDSHJP EXTENSION".ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED

**AME~'DMENTS** (Source: Repealed at_ Ill. Reg.

____ ____ , effective-
---------- SUBPART D: WAIVER,_ AN±f-ECONOMIC HARDSHIP EXTENSION, AND OUTSIDE OF AFFECTED COUNTIES ANNUAL EXEMPTION REQUIREMENTS 

### Section 276.401 Waiver Requirements

**~** All vehicles subject to inspection under the Vehicle Emissions Inspection Law of 2005-1:-9-9-§. [625 ILCS 5/Ch. 13CB] shall be eligible for a waiver from meeting the applicable vehicle emission standards contained in 35 Ill. Adm. Code 240 upon submission ofproofto a Waiver Inspector ofcompliance with all ofthe following: la) Aafter failing a retest, the vehicle has failed to comply with the applicable vehicle emission standards; 2:b) Aaminimum expenditure ofat least $450 in emission-related repairs exclusive oftampering-related repairs have been made; Je) Ithe vehicle has received all repairs and adjustments for which it is eligible under any emission performance warranty provisions pursuant to Section 207 ofthe Clean Air Act (42 USC 7541); d) therepairs have resulted in an improvement in vehicle emissions as determined by comparison ofinitial and final retestresults; 1-;e) 

### I the Agency determines bynormal inspectionprocedures that the emission control devices are present and appear to be properly connected and operating; ,2f) Rrepairs for vehicles ofmodel year 1981 and later are conducted by a recognized repair teclmician; and §.g) Eevidence ofrepair is presented consisting ofeither ofthe following: A} .S.signed and dated receipts identifying the vehicle and describing the diagnostic procedures that were utilized in determining the repair(s), justification that the repair(s) performed were appropriate and necessary for the emissions test failure, and thewerlf performed and amount charged for eligible emission

-relatedILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS repair(sl;;- or 

### ill. Aan affidavit executed by the person performing the eligible emissionrelated repair(s}. 

## hl Emission-related repairs performed not more than 30 days prior to the cun-ent TED maybe applied to the $450 minimum expenditure ifthe repairs were appropriate for the DTCs present at the time ofthe initial failure. 9} Waivers shall notbe issued ifthe MIL is inoperative. 

### ill Vehicles subject to a steady-state idle exhaust test sha llnotbe eligible for waivers unless the vehicle passes a fuel cap test.

**~** Waivers shall be issued to the vehicle owner(s). Inthe event the vehicle owner(s) is not present, a waiver maybe issued to the vehicle owner(s) designee ifspecific written authorization from the vehicle owner(s) on a form prescribed bythe Agency is presented at the time ofwaiver application. (Source: Amended at
_ Ill. Reg.

- - - -----'effective

__ __ ___ _ __/ 

### Section 276.403 Denial or Issuance ofWaiver a) Ifthe Agency determines that an applicant for a waiver has not complied with all applicable waiver criteria set forth in Section 276.401 ofthis Part, thewaiver request shall be denied. The Agency shall provide to the applicant a written statement containing the reasons for the denial. b) Ifthe Agency detetmines that an applicant for a waiver has complied with all waiver criteria set forth in Section 276.40 1 ofthis Part, the waiver shall be issued. The Agency shall provide to the applicant an emissions compliancea certificate e.f waiver containing, at a minimum, the information described in Section 276.303a description ofthe vehicle, including the manufacturer's vehicle identification nmnber; the issuance date ofthe vtaiver; and the expiration date ofthe 'Naiver. (Source: Amended at_Ill. Reg.

_____ __ _ , effective

____ ____ _/ 

### Section 276.404 Economic Hardship Extension Requirements The Agency shall issue a one year emissions compliance certificate to the owner(s) ofa vehicleILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS that meets the requirements ofsubsection (a) ofthe Section. a) Requirements A one year economic hardship eJctension sticker or certificate shall bo granted by the Agency to the ov,rner(s) of

### a vehicle upon application if

### the following criteria are met: 1) Wwhen tested, the subject vehicle failed to meet applicable emission standards contained in 35 

### ill. Adm
. Code 240, except that the economic hardship extension sticker or certificate will not be granted ifonly the applicable fuel cap emissions test standard contained in 35 Ill. Adm. 240 is failed; 2) Ithe registered owner(s) ofthe subject vehicle certifies thathis or her, or their, household income qualifies as "low income" as defined in this Part. In the case ofmultiple registered owners who are not part ofthe same household, the registered owners must certify that the sum ofeach registered owner's household income qualifies as "low income" as defined in Section 276.102 ofthis Part; 3) Ithe current or former owner(s) ofa subject vehicle has not previously received an emissions compliance certificate for economic hardship extension sticker or certificate for the subject vehicle, or, ifan emissions compliance certificate for economic hardship extension has previously been issued, the vehicle passed all required emissions tests prior to issuance ofanother emissions compliance certificate for economic hardship extension sticker or certificate; 4) Ithe registered owner(s) ofthe subject vehicle present(s) either ofthe following, which shall not include any costs associated with anymotor vehicle emission related recall that has been, oris to be, paid by a manufacturer or dealer: A) Aa written estimate prepared by a recognized repair technician for emission related vehicle repairs, parts or services, including diagnostic fees, related to the emissions test

**failure~** in the amount of50percent or greater ofthe current waiver repair minimum amount contained in Section

**276.40l;?;(a)Q.~** ofthis Part; orILLiNOIS REGISTER ENVIRONMENTALPROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS B) !ifthe registered owner(s) intends to perform the necessary services or repairs, the written estimate shall include onlythe cost ofemission related parts; 5) Ithe registered owner(s) ofthe vehicle grants authorization to the Agency orits representatives to make legitimate inquiries as necessary, including to all relevant State departments or agencies, includingbut not limited to the IllinoisOffiee ofthe Secretary ofState and the Department ofHuman Services, to verify ownership and income information. b) An emissions compliance certificate issued under this Sectioneconomic hardship extension sticker or certificate is not transferable to one or more subsequent owners. c) An emissions compliancecertificate issued under this Sectioneconomic hardship extension sticker or certificate may be revoked bythe Agency ifthe Agency detem1ines that the applicant(s) made false statements on the economic hardship extension application. (Source: Amended at_Ill. Reg.

__ __ _ ___ , effective--
----------' 

### Section 276.405 Outside ofAffected Counties Annual Exemption Requirements

**~** The owner ofa vehicle which is located and beingprimarily operated outside of the affected counties, orin otherjurisdictions where vehicle emission inspections are notrequired, maybe issued a one year emissions compliance certificate allowing the motorist to renew the registration without having an emissions inspection. Written proofofthe vehicle's location mustbe providedby one ofthe following: 

## 11 Tax bill; 

## D Utilitybill; 

## ll Tuition bill; 

## 11 Storage receipt;

**~** Military orders; or,ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OFPROPOSED AMENDMENTS 2). Other written proofdeemed acceptable by the Agency. Q} Vehicles obtaining a one year emissions compliance certificate under this Section will be subject to inspection bythe next TBD unless the motorist complies with subsection (a) ofthis Section. £). A vehicle owner who is cuiTently in the military and deployed outside the affected counties may be issued a one year emissions compliance certificate under this Section ifwritten proofas specified in 276.405(a)(5) or 276.405(a)(6) is provided. (Source: Adopted at_Ill. Reg.
________ , effective----------' SUBPART E: TEST EQUIPMENT SPECIFICATIONS 

### Section 276.501 General Requirements Compliance with Illinois vehicle testexhaust and evaporative emissions standards shall be determined by following the test procedures set forth in Subpart B ofthis Part and by utilizingsampling vehicle exhaust and evaporative emissions with the following: a) Steady-state idle test equipment meeting the specifications set f01ih in Sections 276.502 and 276.503 ofthis Part; and b) Evaporative system test equipment meeting the specifications set forth in Section 276.504 ofthis Part;...QI c) Transient loaded mode test equipment meeting the specifications set forth in Sections 276.505 and 276.506 ofthis Part; £d) On

-road remote sensing test equipment meeting the specifications set forth in Section 276.507 ofthis Part; oraad Q.e) OBD test equipment meeting the specifications set forth in Section 276.508 of this Part. (Source: Amended at
_ Ill. Reg.
--------'effective

_______ _ _/ 

### Section 276.502 Steady-State Idle Exhaust Test Analysis Systems Functional Requirements The steady-state idle test-exhaust test analysis system shall meet the functional requirementsILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS specified in 40 CFR 85.2225(b) (Draft), incorporated byreference in Section 276.104(a) ofthis Part with the follov1ing exception: the sampling system shall have both a tachometer and a dynamometer. Additionally, all exhaust gas analyzers used at Official Inspection Stations shall be capable of: a)

**Pprovid~ifl.g** reliable, continuous service under high throughput (i.e., 25 tests per hour minimum) conditions; b)

**Mmak~ing** an automatic selection ofthe proper emission standard for each vehicle tested; c)

**Mmak~** automatic pass/fail determinations for eachvehicle tested; d) RrecordHtg test data in machine-readable (computer) form for subsequent data processing and analysis; and e)

**Mmak~:Htg** an instantaneous printing ofduplicate copies oftest

**results**

**.:. ~**  f) meeting the following equipment calibration requirements: 1) automatic HC hangup check with purging to begin upon completion of each test; 2) automatic zero and span check to be conductedprior to each test; 3) automatic leak check within 4 hours prior to the test; and 4) automatic 2 point gas calibration v,rithin 4 hours prior to the test. (Source: Amended at
_ Ill. Reg.
--------·' effective

_ __ ____ _ _../ Section 276.503 Steady-State Idle +est-ExhaustTest Analysis Systems Performance Criteria The steady-state idle test-exhaust test analysis system shall meet the performance criteria specified in 40 CFR 85.2225(c) (Draft), incorporated byreference in Section 276.104(a) ofthis Part. (Source: Amended at_

### TIL Reg. __ __ __ _ _ , effective

____ _ ___ _../ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 

### Section 276.504 Evaporative System Integrity Test Functional Requirements and Performance Criteria a) Requirements Both fuel cap leak flow testers and fuel cap pressure decay testers used for evaporative system integrity testing shall be: 1) _Eeasily connected to fuel caps, including those tethered to the vehicle; 2) Ceompatible with at least 95 percent ofall vehicles required to receive a fuel cap test; 3) Aadaptable as required to test future model year vehicles as they enter the eligible fleet; 4) Ceapable ofperforming the following additional functions ifused at Official Inspection Stations: A) £provide reliable, continuous service under high throughput (i.e., 25 tests perhour minimum) conditions; B) £provide for the automatic selection ofthe proper fuel cap test equipment (ifapplicable) for each vehicle tested; C) £provide for an automatic pass/fail determination for each vehicle tested; 5) Uunaffected by atmospheric variation (i.e., baromettic pressure, humidity, temperature, etc.). Test accuracy shall be within 2 percent ofstated values from 0°F to l20°F; 6) £pressurized using air, Nitt·ogen 

### (Nf21), or an equivalent non-toxic, nongreenhouse, inert gas; 7) Ceapable ofcontrolling the supply pressure and preventing over pressurization; 8) Itamper resistant; andILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS 9) Dclesigned to avoid damage to the vehicle during installation, testing and removal. b) Fuel cap pressure decay tester The fuel cap pressure decay tester used for evaporative system integrity testing shall be equipped with a pressure gauge with a minimumrange of0 to 50 inches ofwater and an accuracy of0.3 inches ofwater or 2 percent ofpoint, whichever is greater. c) Fuel cap leak flow tester The fuel cap leak flow tester used for evaporative system integri ty testing shall be: 1)

**~equipped** with a serviceable air filter upstream ofthe flow comparison circuitry; 2) ;Eequipped with an automatic shutoffand a low-battery indicator ifbattery powered; 3) .S.supplied with a NIST traceable reference passing fuel cap ofnominal 52 to 56 cc/min for daily test verification; 4) .S.supplied with a NIST traceable reference failing fuel cap ofnominal64 to 68 cc /rnin for daily test verification; 5) Aaccurate to 3 cc/min at the 60 min flow standard; and 6) Aable to be modified, either bythe manufacturer or an authorized service center, to test at a revised leakage (flow) rate from that originally shipped. (Source: Amended at
_ Ill. Reg.

_______ _ ,, effective

____ ____ _J 

### Section 276.505 Transient Loaded Mode Test Systems Functional Requirements (Repealed) The transient loaded mode test system shall meet the functional requirements specified--ffi.-4.9 CFR 51.358(b), incorporated byreference in Section 276.104(d) ofthis Part.

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS (Source: Repealed at_Ill. Reg.

______ __ , effective,-

-----------' Section 276.506 Transient Loaded Mode Test Systems Performance Criteria (Repealed) a) Dynamometer Specifications The dynamometer system shall meet the performance criteria specified in 40 CPR 85.2226(a) (Draft), incorporated byreference in Section 276.104(a) ofthis Part, \vith the following eJcceptions: 1) the inertia simulation capability need not be any higher than 5500 pounds; 2) the dead weight method is not required for the torque meter or load cell calibration; and 3) the vehicle cooling fan is required equipment for all transient loaded mode test systems. b) Constant Volume Sampler Spec-i-fications The constant 'rolume sampler system shall meet the perfonnance criteria specified in 40 CFR 85.2226(b) (Draft), incorporated by reference in Section 276.104(a) of this Part. c) 

### Analytical Instruments Specifications The analytical instruments shall meet the performance criteria specified in 40 CFR 85.2226(c) (Draft), incorporated byreference in Section 276.104(a) ofthis Part, with one exception: the NO* measurement shall be detennined by measuring nitrogen oxide and multiplying this value by 1.03. The measurement ofnitrogen dioxide is not required. 

### (Source: Repealed at
_ Ill. Reg.

--- -----' effective
---------' Section 276.507 On-Road Remote Sensing Test Systems Functional Requirements and Performance Criteria a) The on-road remote sensing test equipment shall consist ofthe following: 1) Aan infrared SDM capable ofmeasuring the concentration ofHC, CO,ILLINOIS REGISTER ENVIRONME NTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS and

**cof.~** present in an in-use vehicle; 2) Aa camera system that automaticallyphotographs vehicle license plates; 3) Aa system that links each emission record to the correct vehicle license plate photograph; and 4) Aalaser based speed and acceleration measurement system. b) The Infrared SDM sha ll be ofa design certified to meet the following accuracy requirements: Pollutant HC ALL



## co

**~** 3.0 percent

> 3.0 percent Accuracy
± 150 ppm or± 15 percent ofexpected HC Concentration
± 10 percent or 0.25 percent (Whichever is greater)
± 15 percent c) The speed and acceleration measurement system shall be ofa design cett ified to measure vehicle speed to within 

### :!:-1-t 0.5 miles perhour and vehicle acceleration to within 

### :!:.o¥t 0.3 miles perhourper second at the moment exhaust is measured. (Source: Amended at_Ill. Reg. __ __ __ __ , effective

___ _ ____ __, 

### Section 276.508 On-Board Diagnostic Test Systems Functional Requirements and Performance Criteria The OBD test system shall meet the functional requirements specified in 40 CFR 85.2231, incorporated byreference in Section 276.104(!le) ofthis Part. (Source: Amended at
_ Ill. Reg. ________ , ef fective---------' SUBPARTF: EQUIPMENT MAINTENANCE AND CALIBRATIONILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 

### Section 276.602 Steady-State Idle Test Equipment Calibration All operators ofsteady-state idle

**~exhaust** test gas analyzers shall comply with the following calibration and operating procedures unless alternative procedures have been approved bythe Agency: a) Eexhaust gas analyzers shall be warmed up prior to each vehicle inspection, zero check, span check, orcalibration. Analyzers shall be considered to be in a warmed-up condition once stabilized zero readings (readings stabilize for one minute within ± 2 percent offull scale, low range on all 3 challi1els) are obtained. b) The analyzer shall conduct a zero and span check priorto each test. The span check shall include the HC, CO and C02 channels, and the NO and 0 2 channels, ifpresent. Ifzero and/or span drift cause the signal levels to move beyondthe adjustment range ofthe analyzer, it shall lock out from testing. c) The system shall lock out from testing ifsample flow falls below 3 percent offull scale, or causes system response time to exceed 13 seconds to 90 percent ofa step change in input, whichever is less
. d) A system leak check shall beperformed within

**~4** hours before the test, and may be performed in conjunction with the gas calibration described in subsection (e)(1) ofthis Section. Ifa leak check is notperformed within

**~4** hours or ifthe analyzer fails the leak check, the analyzer shall lock out from testing. The leak check shall be a procedure demonstrated to effectively check the sample hose and probe for leaks and shall beperformed in accordance with good engineering practices. An error ofmore than +2percent ofthe reading using low range span gas shall cause the analyzer to lock out from testing and shall require repair of leaks. e) Gas Calibration 1) Analyzers must undergo a two-point calibration within 72 hours before each test unless changes inbarometric pressure are compensated for automatically and statistical process control demonstrates equal orbetter quality control using different frequenciesOn each operating day, analyzers shall SllCcessfully pass a t\vo point gas calibration for HC, CO, and

**co~** and shall continually compensate for changes 

### in barometric pressure. Calibration shall be checked within 4 hours before the test and the analyzer adjusted ifthe reading is more than 2 percent different fromILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS the span gas value. Gas calibration shall be accomplished by introducing span gas that meets the requirements ofsubsection ( e)(3) ofthis Section into the analyzer through the calibrationport. Ifthe analyzer reads the span gas within the allowable to1er_i!ence range (i.e., the square root sum ofthe squares ofthe span gas tolerance described in subsection (e)(3) of this Section and the calibration tolerance, which shall be equal to 2 percent), no adjustment ofthe analyzer is necessary. The gas calibration procedure shall correct readings that exceed the allowable tolerance range to the center ofthe allowable tolerance range. The pressure in the sample cell shall bethe same with the calibration gas flowing during calibration as with the sample gas flowing during sampling. Ifthe system is not calibrated, orthe system fails the calibration check, the analyzer shall lock out from testing. 2) A two point gas calibration procedme shall be followed. The span shall be accomplished at one ofthe following pairs ofspan points: A) Low 

### 300

- ppm propane (HC) 

### 1.0

- percent CO 

### 6.0- percent C02. R-l 

### 1000

- ppm nitric oxide (ifequipped with NO) High 

### 1200

- ppm propane (HC) 4.0- percent CO 

### 12.0

- percent

**C02~** 

### 3000

- ppm nitric oxide (ifequipped with NO) B) Low 

### 0

- ppm propane (HC) 

### 0.0

- percent CO 

### 0.0- percent C02 R-} 0

- ppm nitric oxide (ifequipped with NO) High 

### 600

- ppmpropane (HC) 

### 1.6- percent COILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED**At'v1E~'DMENTS** 11.0

- percent**co~~** 1200- ppm nitric oxide (ifequipped with NO) 3) The span gases used for the gas calibration shall be traceable to NIST standards within two percent and shall be within two percent ofthe span points specified in subsection ( e)(2) ofthis Section. f) Other Checks In addition to the otherperiodic checks described in this Section, those described in subsections (f)(l) and (f)(2) ofthis Section shall also be used to verify system performance under the special circumstances described therein. 1) Gas Calibration A) Each time the analyzer electronic or optical systems are repaired or replaced, a gas calibration shall be performed prior to returning the unit to service. B) MonthlyMmulti-point calibrations shall be performed every 6 months. The calibration curve is checked at 20 percent, 40 percent, 60 percent, and 80 percent offull scale, and must be adjusted orrepair ed ifthe specifications in Section 276.503 are not met. 2) Leak Checks Each time the sample line integrity is broken, a leak check shall be performedpriorto testing. (Source: Amended at_Ill. Reg.

__ ____ __ , effective

_ _ __ ___ _ _./ 

### Section 276.604 Record Keeping All operators ofemissions test equipment shall maintain written records ofall maintenance and calibr ation records pertaining to emissions test equipment shall be submitted to the Agency, as required
. performed on such equipment. Said records shall be kept on site for a period oftwo years and shallbe made available to the Agency upon request. (Source: Amended at
_ Ill. Reg. __ ______ ,eff ective ________ _....JILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS Section 276.605 Transient Loaded Mode Test Equipment Maintenance and Calibration (Repealed) 

### a) General Requirements The transient loaded mode test equipment shall meet the general maintenance and calibration requirements specified in 40 CFR 85.2234(a) (Draft), incorporated by reference in Section 276.1 04(a) ofthis Part. b) Dynamometer The dynamometer equipment shall meet the maintenance and calibration requirements specified in 40 CFR 85.2234(b) (Draft), incorporated byreference in Section 276.104(a) ofthis Part. c) Constant Volume Sampler The constant volume sampler test equipment shall meet the maintenance and calibration requirements specified in 40 CFR 85.2234(c) (Draft), incorporated by reference in Section 276
. 104(a) ofthis Part, >vvith one exception: The bag sample check described in 40 CFR 85 .2234(c)(6) (Draft),

**incorpora~rence-in** 

### Section 276.104(b) ofthis Part, shall be perfonned during initial acceptance testing. d) l\nalysis System The transient loaded mode test analysis system shall meet the maintenance and calibration requirements specified in 40 CFR 85.2234(d) (Draft), incorporated by reference in Section 276.104(a) ofthis Part, with the follov,cing exceptions: 1) the zero and up scale span points shall be checked at 2 hour instead of3 hour intervals following the daily mid scale curve check; 2) the NO* converter check and the NO!l'J'O* flo'tv balance are not required; 3) the integrator cheek as specified in 40 CFR 85.2234(d)(9) (Draft), incorporated byreference in Section 276.104(b) ofthis Part, is required; 

# ana 4) the interference cheek (laboratory testing) as specified in 40 CFR 85.2234(d)(ll) (Draft), incorporated byreference in Section 276.104(b) of this Part, is required to be performed instead ofthe interference check specified in 40 CFR 85.2234(d)(ll) (Draft), incorporated by reference inILLINOIS REGISTER ENVIRONMENTALPROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS Section 276.104(a) ofthisPart. e) Gases The transient loaded mode test analysis system gases shall meet the calibration requirements specified in 40 CFR 85.2234(e) (Draft), incorporated byreference in Section 276.104(a) ofthis Part. f) Overall System Performance The overall system performance for the transient loaded mode test shall meet the requirements specified 

### in 40 CFR 85.2234(f) (Draft), incorporated by reference in Section 276.104(a) ofthis Part. g) Control Charts The transient loaded mode test analysis system control charts shall meet the requirements specified in 40 CFR 85.2234(g) (Draft), incorporated byreference in Section 276.104(a) ofthis Part, with the fullo'tving exception: combined control charts for all facilities will be maintained. (Source: Repealed at_Ill. Reg.

_____ ___ , effective-
---------' SUBPART G: FLEET SELF TESTING REQUIREMENTS 

### Section 276.701 General Requirements a) Any owner or lessee ofa fleet of 15 ormore vehicles subject to inspection may apply to the Agency for a permit to establish and operate one or more gPrivate QGfficial !Inspection §.fStations for the limited purpose ofself-testing their fleet of vehicles Fleet Inspection Permit). b) Vehicle inspections shall be conducted in accordance with Subpart B ofthis Part, as applicable. Fleet inventory vehicles shall be required to receive the same emissions tests as vehicles tested at an Official Inspection Station. However, for a period not to exceed 5 years after implementation ofthe Enhanced I/M testing program as described in Section 276.10l(b) ofthis Part, fleet selftesters v,rho have been issued and maintain a valid fleet inspection permit ("fleet inspection permittees") prior to implementation ofthe

**En.~anced** liM testing program shall be allowed to conduct steady state idle exhaust tests only on vehicles required to receive such tests under Section 13B 25(c) ofthe Vehicle Emissions Inspection La\v of 1995 using currently a pproved steady state idle test equipment andILLINOIS REGISTER ENVIRONME NTAL PROTECTION AGENCY NOTICE OFPROPOSED AMENDMENTS steady state idle equipment maintenance and calibration procedures. This authority shall terminate fur each such fleet inspection pem1ittee prior to the expiration ofthis 5 year period ifsuch pe rmittee discontinues fleet selftesting. Beginning vlith the implementation ofthe Enhanced LIM testing program, fleet inspectionpennittees utilizing the authority ofthis subsection to conduct steady state idle exhaust tests shall also conduct evaporative system integrity tests as described in Sections 276.205, 276.504 and 276.603 ofthis Part, and shall also conduct on board diagnostic tests as described in Sections 276.209, 276.508, and 276.607 ofthis Part as applicable. Such fleet inspection permittees shall not substitute a steady state idle exhaust test for the transient loaded mode exhaust test required to beperformed on vehicles specified by Section 13B 25(b) ofthe Vehicle Emissions Inspection Law of 1995. c) Ifthe Agency substantially amends emissions testinspection standards, procedures, or otherrequirements, itmayrequire emissions inspectors to be recertified and fleet self-testers to be re-permitted. (Source: Amended at_ Ill. Reg.

_ ____ ___ , effective

_____ ___ _/ 

### Section 276.702 Fleet Inspection Permit The Agencymayshall issue ;!Fleeti±nspectlon QPermits to eligible applicants upon a showing of compliance with the following requirements: a) Equipment All fleet inspections shall be conducted utilizing equipment approved bythe Agency. This equipment shallthat meets the same functional requirements, performance criteria, maintenance standards, and calibration requir ements as specified in Subparts E and F ofthis Partequipment used in Official Inspection Stations. b) Training Each fleet inspector shall be required to complete and pass a training course given by the Agency covering the following topics: 1) 

### liMrules and regulations; 2) Itestingprocedures;ILLINOIS REGISTER EN'VIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AME:NTIMENTS 3) Aanalyzer use; 4) Aanalyzer calibration and quality control; and 5) Ddatarecording; record keeping and submittal. c) General Fleet Inspection Permit Requirements 

## 11 Applicants shall submit an application for a fleet inspection permit for each inspection location on forms provided bythe Agency and shall include a list ofvehicles that willbe inspected at the private official inspection station. £)_ Applicants shall execute a fleet inspection agreement. 

### J+) Fleet ilnspection gPermits issued bythe Agency shall expire two years after the date ofissuance
.**.1~)** Fleet i!nspection QPermits are not transferable
.**.2_~)** Any change in the name and/or address ofanypermittee or any fleet inspector(s) employed by the permittee shall be reported to the Agency in writing on forms provided bythe Agency within 30 da ys after the change. §} A permittee mayrequest, and the Agency may grant, a reloca tion of equipment at a private official ins12ection station. d) Fleet Inspection Permit Suspension and Revocation For the following reasons, the Agency may suspend for a period ofup to two years or revoke, with the permittee being ineligible to reapply for two years, a .f¥leet ilnspection QPennit: 1) Ithe permittee has violated any applicable laws, rules, orregulations provision ofthis rule; 2) Ithe permittee has provided false ormisleading information in its application for a .f¥1 eet i±nspection pPermit; 3) the pennittee has failed to keep proper records as required bythe i\:gency

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS in that: i) the pern1ittee has failed to notify the Agency ofa vehicle's emissions test results \vithin 45 days after the date ofinspection; ii) 

### Ithepermittee has failed to notify the Agency that a vehicle has beenproposed to be added or deleted from its vehicle inventory within the time specified by the Agency60 days after the vehicle's disposal; or 1). 

### iii) 20 percent ormore ofthe vehicles in the permitt ee's fleet have failed to comply with the Vehicle Emissions Inspection Law of2005 expired compliance stickers or certificates; .2.4) Ithe permittee has misrepresented any information provided in fleet vehicle lists, vehicle inspection reports, and/or equipment maintenance and calibration reports;

**§~)** 

### Ithe number ofvehicles subject to inspection inthe permitt ee's fleet becomes less than 15. 

### (Source: Amended at_Ill. Reg.

_ __ _____ , effective

___ __ ___ ___) Section 276.703 Fleet Inspection Permittee Operating Requirements a) Vehicle Eligibility 1) 

### The permittee shall furnish the Agency with a list ofall vehicles subject to inspection and for which fleet inspection is requested. The Agency shall provide forms to the permittee shall provide this list to the Agencyfer the purpose ofestablishing a fleet vehicle inventory and requesting vehicle inspection dates. The infonnation shall be submitted to the Agency either enthe forms supplied, or by electronic media and shall include, at a minimum,ffi the following:


## ill License plate number; 

### g Vehicle make;ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 

## ill Vchicle model; and 

### ill Vehicle model year. fonnat required by the Agency. When the Agency approves or denies the fleet vehicle inspection dates, it shall notify the fleet tester and, if approved, proYide test forms to the fleet for submission to the Agency after testing. 2) The pe1mittee shall notify the Agency in writing on forms provided bythe Agency orby electronic media in the format required bythe Agency inthe event that any vehicles in the fleet inventory are proposed to be added or deleted from its vehicle inventory within the time specified by the Agency sold or othenvise re!noved from fleet service. This notification shall be made within 30 days after the end ofthe month the vehicle is removed from fleet service. 3) Unless authorized bythe Agency, vehicles contained in the fleet vehicle inventory pursuant to subsection (a) ofthis Section shall onlybe inspected a

t p_P.rivate QGf fi.cial ilnspection §.Stations. Ifauthorization is given bythe Agency for a vehicle contained in the fleet vehicle inventory to be tested orretested at an QGffi.cial i:Inspection §.Station, any subsequent retests in that vehicle's testing cycle shall be conducted at an QGfficial iinspection §.Station
. b) Inspection Frequency/Scheduling At a minimum, aAll vehicles inthe fleet inventory shall be inspected biennially
. Upon Agency approval, the Assigned Test Months and sticker or compliance certificate expiration dates become compliance deadlines for use inprogram enforcement. Agency approval shall be based on the availability ofpersonnel to audit the performance ofinspections and the ability ofthe fleet operators to meet the proposed schedule (this will be determined by the number ofvehicles to be inspected and the number ofinspectors available). c) Inspection ResultsRep01ts and Stickers or Certificates All inspection results shallbe submitted to the Agency electronically. 1) A Vehicle Inspection Report shall be submitted to the Agency for each ve hicle that passes or fails an emissions inspect ion. Inspection resultsILLINOIS REGISTER ENVIRONMENTALPROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS shall be reported on forms provided by the Agency. Inspection results shall be submitted to the Agency within 45 days after the date of inspection. 2) Following review and processing, the Agency shall validate inspection stickers or certificates for all vehicles complying with program requirements. Ifthe Agency detennines that a vehicle inspection report is deficient, a sticker or certificate will notbe validated and it shall return the inspection report along with instructions to correct the identified deficiencies. 3) The pennittee shall be responsible for the security and accountability ofall vehicle inspection stickers or certificates issued to the pennittee. In the event oflost or stolen stickers orcertificates, the pennittee shall notify the A.gency in writing within 10 business days. Failure to report missing stickers or certificates shall be grounds for suspension orrevocation ofa Fleet Inspection Permit. 4) Inspection stickers or certificates shall be displayed orpossessed

-in accordance ·.vith Section 276.310. 5) The permittee shall retain a legible copy ofeach completed Vehicle Inspection Report for a minimum ofhvo years after the date ofinspection. Thereports shall be made available for Agency reviev,r upon request during normal business hours. d) Equipment, Maintenance and Calibration 1) All equipment used for emissions testing in Q.Private QGfficial !Inspection §.Stations shall meet the functional

**requirements~** and-performance

**criteria~** maintenance standards, and calibration requirements contained in Subparts E and F ofthis Part. 2) The permittee shall keep records ofall calibrations, leak cheeks, and other maintenance performed on emissions inspection equipment for t\vo years. The records shall beretained atthe fleet facility. All records shall be kept on standardized forms provided by the Agency and shall be made available for Agency review upon request during normal business hours.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS (Source: Amended at_Ill. Reg.

_ __ __ _ __ , effective

_ _____ ___ ) 

### Section 276.704 Private Official Inspection Station Auditing and Surveillance £!} All private official inspection stations shall be equipped with surveillance equipment as specified by the Agency. 

### Ql The Agency may, on an unscheduled and unannounced basis, during normal business hours, conduct an audit inspection ofanypPrivate QGfficial !Inspection §.Stations to determine ifinspection equipment is properly operating and calibrated, to reYiew vehicle inspection reports and maintenance records, and to check inspector proficiency. During the course ofthe audit inspection, the Agency representative maytake one or more ofthe following actions: 

### la) Rrequire that ifany vehicle emissions test equipment, calibration equipment, or related materials fails to perfonn as required, such item shall be removed from service until corrective action is taken; .f.b) Ithe fleet inspector maybe required to perform an emissions inspection on a fleet vehicle. Ifno fleet vehicles are available, the fleet inspector maybe required to perf01m an emissions inspection on an Agency vehicle. (Source: Amended at
_ Ill. Reg.

____ ___ _ , effective

_ _____ __ __/ SUBPART H: GRIEVANCE PROCEDURE 

### Section 276.802 Procedure for Filing Grievance a) Grievances shall be filed with the Agency within 30 days after the decision made bythe Agency. b) Gri
. evances shall be made in writing onpetition forms provided bythe Agency. c) Grievance petition forms and instructions shall be available at all full-service QGfficial !Inspection §Stations and bymail from the Agency. 

## ill Original repair orders, receipts, and other pertinent documentation shall be submitted with the grievance petition.

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDMENTS 5D_ 

### Grievances and supporting documentation shall be mailed to the Agency at the address specified on the grievance petition
. (Source: Amended at _Ill. Reg.

______ __ ,effective-

----------' Section 276.803 Agency Investigation a) The Director ofthe Agency or the Director's designee shall appoint an Agency employee to investigate every grievance regarding the failure ofan emissions test or the denial ofa waiver submitted to the Agency in accordance with this Part. b) The Agency's investigation shall be concluded within 45 days after the receipt of the grievance petitionferm. c) Within the 45 day investigationperiod, the Agency shall submitissue \Vritten notification to the petitionerpetitiener , and affected inspector or station, its written determination indicating the Agency's determination as to the correctness orincorrectness ofthe decision which precipitated the grievance. In conducting the investigation, the Agency mayrequire the petitioner to present the vehicle for inspection bythe Agency or its designated agent. d) The Agency's written determinationnotification shall include a statement ofthe facts relied upon and the legal and technical issues decided bythe Agency in making its determinations. e) The Agency's written determinationnotification may also require that an employee ofthe Agency orits designee: 1) Iissue an emissions complianceinspection sticker orcertificate; 2) Rreinspect the vehicle; 3) Aapply the standards that the Agency has determined to be applicable; or 4) Itake any other action that the Agency deems to be appropriate. 

## fl. Ifthe Agency's investigation determines that a part(s) needed to complete the necessary and appropriate repair(s) is unavailable after contacting at least three (3) independent sources, one ofwhich shall bethe original equipment manufacturer, a waiver maybe granted.

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS (Source: Amended at_Ill. Reg.

____ _ __ ____, effective

__ ____ __ _/ Section 276.804 Review ofAgency's Determination The Agency's written detem1ination shall be subject to review in the Circuit Court in accordance with the provisions ofthe Administrative Review Law [735 ILCS 5/3-101 et. seq.Art. III]. (Source: Amended at_Ill. Reg.

____ ____ , effective

----- --- _/ SUBPART I: NOTICES Section 276.901 General Requirements The Agency shall send an vehicleffii.t.i-al

**~Emissions** 

### testlnspection nNotice and, \vhen appropriate, a Warning Notice to owners ofvehicles subject to inspection which shall includestate the TEDAssigned Test Month ofthe initial emissions inspection and be accompanied by a clear statement from the Agency that, based onvehicle records, the vehicle is subject to inspection under the Vehicle Emissions Inspection Law of20051995. A form accompanying the explanation will be provided to the

**v-eh·iek-~-ow--ffif-c-Brr-ec-t.:ietl-&f** 

### any information relied upon by the Agency. (Source: Amended at_Ill. Reg.

_____ __ _ ,effective--

- --- - ----' Section 276.902 Vehiclelnitial Emissions Testlnspeetion Notice At least 15 days afte.rprior to the beginning ofthe TEDAssigned Test Month, the Agency shall send an

**vehicle~ ~Bmissions**  

### testinspeetion nNotice to the registered owner{§)__Qfthe vehicle requesting that the vehicle betested during the Assigned Test Month. This

**vehicle~**

**~Emissions** 

### testlnspection !!Notice shall include the following information: a) an Initial missions Inspection Sticker or Certificate, or a Corrected orInterim Emissions Inspection Sticker orCertificate, if

### required; i!b) Infmmation relating to the operation of addresses andoperating hours ofQGfficial !Inspection

**~Stations;** 

### Q.e) Agency vehicle emissions test program contact informationa form or card to be returned to the Agency indicating the reasons the ownerbelieves thatthe vehicle should not be subject to inspection pursuant to the Vehicle Emissions Inspection La..v of 1995, or cannot comply by the expiration date;ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS

**~d)** Bbriefexplanation ofthe program; and ge) Iinstructions for vehicle inspections. (Source: Amended at_ Ill. Reg.
--------' effective

___ _____ __/ 

### Section 276.903 ·warning Notice (Repealed) Ifa vehicle has not complied with the provisions ofthe Vehicle Emissions Inspection Law of -1-9%-within two months before the sticker or certificate expiration date, the Agency shall send a

· warning Notice to the vehicle's O\'mer at the registration address currently on file with the Agency. The Warning Notice shall include the following information: a) the addresses ofOfficial Inspection Stations near the registration address ofthe vehicle; 

### 13) a form or card to be returned to the Agency indicating the reasons the owner believes that the vehicle should not be subject to inspection under the Vehicle Emissions Inspection Lav,r of 1995, or cannot complyby its expiration date; and 

### c) a statement ofpotential penalties for failu re to comply\Vith the requirements of the Vehicle Emissions Inspection Law of 

### 1995, orthis 

### Part, as applicable. (Source: Repealed at_Ill. Reg.
_______ ___, effective,

__ ____ __ __, SUBPART

### J : RECIPROCITY WITH OTHERJURISDICTIONS 

### Section 276.1001 Requirements for Vehicles Registered in Affected Counties and Located in OtherJurisdictions Requiring Vehicle Emissions Inspection 

### ru_ Vehicles registered in the

**~Affected ~Gounties**  and located and being primarily operated in otherjurisdictions requiring vehicle emission testing that will not be returning to an Affected Gounty '.Vithin 7 months after the vehicle's Assigned Test Month, orthat are permanently located in such otherjurisdiction, must be tested in thatjurisdiction and comply with suchjurisdiction's emissions testing requirements and the vehicle's registered owner must comply with the following requirements: 

### la) Uupon written notification from the Agency and /or the Illinois Secretary ofState to the vehicle's registered ownerto have the vehicle inspected, theILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS vehicle must be presented for inspection in thejurisdiction where the vehicle is located; and, 2_9) Wwhen the vehicle passes the inspection, receives a waiver or exemption, or otherwise complies with the emissions inspectionrequirements ofthe jurisdiction in which the vehicle is located, the vehicle inspection report or other appropriate documentation mustbe forwarded to the Agency using the methodat the address stated on the vehicle emission testinspection notice,_t-and he) Wwhen the Agency receives the appropriate vehicle inspection report or other documentation, the vehicle inspection record will beupdated to reflect compliance and the vehicle's registered owner shall be issued an emissions compliance certificate. (Source: Amended at
_ Ill. Reg.

____ _ ___ ,effective

__ ______ __} 

### Section 276.1002 Requirements for Vehicles Registered in Other Jurisdictions Requiring Vehicle Emissions Inspection and Located in an Affected County Vehicles which areregistered in anotherjurisdiction which requires vehicle emissions testing, and which are located and being primarily used in an gAffected s;.Gounty, and would be considered a non-exempt vehicle as defined in this Part, maybe tested at an full service oGfficial !Inspection

**~Station** in accordance with the following: a) The vehicle's registered owner shall obtain a voluntary test voucher from the Agency prior to inspectionupon a written request for an emissions inspection by the vehicle's registered owner to the Agency, the Agency shall request appropriate vehicle and ovmer information necessary for testing; b) The vehicle's registered owner shall have the vehicle inspectedif, upon revie>.v, the i\,gency determines the vehicle is eligible to receive an emissions inspection, the Agency shall notify the vehicle's registered mvner (or one ofthe registered owners,

### ifmore than one) authorizing the vehicle to be tested at an Official Inspection Station; and c) Aafter the vehicle hasreceived an emissions inspection, the appropriate test results will be issued to the vehicle's registered owner for submission to the jurisdictionrequiring emissions inspections and a sticker or certificate will ee issued as appropriate.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS (Source: Adopted at_ Ill. Reg.
_______ ___, effective----------' SUBPART K: REPAIR FACILITY PERFORMANCE REPORTING Section 276.1101 Requirements for Collecting and Reporting Data Pertaining to the Repair ofVehicles that Failed or Were Rejected from an Emissions Inspection. ill_ The Agency shall: 

## D Compile pertinent emissions repair data into a report that is provided to owners ofvehicles that do not pass an emissions inspection and that is made available to the general public.

**~** Specify the method for transmitting repair datato the Agency. 

## hl. Individuals orbusinesses that perform emissions-relatedrepairs and report such data to the Agency shall: 

### D Register at a website specified by the Agency and agree to beboundby the tenns and conditions ofany user agreement associated with such website.

**~** Submit accurate, complete, and legible repair data in order to be included in the compiledreport.

**~** Perform a minimumnumber of repairs within a specified period oftime and achieve a minimum performance level as determined by the Agency in order to be included in the compiled report. f). An individual orbusiness shall be excluded from the compiled report for not less than one year ifthe Agency determines that: 

## D An individual or business has violated a user agreement as referenced in subsection (b)(l) ofthis Section;

**~** An individual or business has violated Illinois law or anyprovision ofa local ordinance, code, or rule relating to solicitation or advertisement of emission-related repair services;ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS

**~** An individual or business uses the Illinois Environmental Protection Agency servicemark, Illinois AirTeam servicemark. or AirTeam servicemark; uses anyreproduction, counterfeit, copy, variation, or imitation ofthese servicemarks; or uses the Illinois Environmental Protection Agency, Illinois Air Team, or AirTeam name in any oftheir advertisements, solicitations, or othermarketing devices without prior written authorization ofthe Agency; 

## .11 An individual orbusiness directly or indirectly creates the impression that the Agency, Illinois Air Team, orAir Team endorses, approves, or recommends the emission-related repair services ofthe individual or business; or .2} An individual orbusiness intentionally. negligently, ortlnough gross negligence affects or attempts to affect the integrity ofa vehicle emissions inspection or an inspection procedure. 

## ill Ifthe Agency determines that an individual orbusiness has repeated any action listed subsection (c) ofthis Section, the Agency maypermanently exclude the individual orbusiness from the compiledreport. 

## cl Agency Determinations, Disputes, and Appeals 

## 1l AgencyDeterminations Agency determinations under subsection (c) or (d) ofthis Section shall be furnished in writing to the individual orbusinessby mail, electronic mail, facsimile, personal service, orby similar means.

**~** Disputes A} An individual orbusiness that disagrees with an Agency determination under subsection (c) or (d) ofthis Section may dispute any such determination. Disputes shall: i} Be in w1iting; 

## ill Include a copy ofthe Agency's written determination;ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS ili.) Include a justification with any supporting documentation explaining why the individual orbusiness should notbe excluded from the compiled report; and 

## ill Be clearly marked "Repair Facility Performance Report Dispute." 

## ID The written dispute must be postmarked within 30 days after the date ofthe Agency's determination. 

### g Ifthe written dispute has not been disposed ofbywritten agreement within 30 days after the postmarked date ofthe written dispute, the individual orbusiness may appeal the Agency's determination to the Director in accordance with subsection (e)(3) ofthis Section. J} Appeals 

## Al Ifa dispute is not disposed ofbywritten agreement as specified in subsection (e)(2) ofthis Section, an individual orbusiness may file a notice ofappeal with the Director ofthe Agency. 

## ID A notice ofappeal shall: 

## .U Be inwriting; 

## ill Include a copy ofthe Agency's written determination; ili.) Include a copy ofthe written dispute; 

## ill Include any additional justification with any supp01iing documentation explaining why the individual orbusiness should not be excluded from the compiledreport; and y} Be clearly marked "RepairFacilityPerformance Report Appeal." 

### g The notice ofappeal must bepostmarked within 60 days after the postmarked date ofthe written dispute.ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 

## ill The appeal shall be decided bv the Director, or his or her authorized representative, who shall render a decision in writing. This decision shall be fumished to the individual orbusiness by mail, electronic mail, facsimile, personal service, orby similar means. The decision ofthe Director shall be final and conclusive. 

## ID The Director shall not beprecluded from considering questions of law or equity in any decision. (Source: Adopted at_Ill. Reg.

_____ ___, effective

_ _______ ........J 

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### (Source: Repealed at_Ill. Reg.

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# Attachment 78 Secretary of the State letter accepting Notice of Proposed Amendments for Publication dated December 27, 2010

## OFFICE OF THE SECRETARY OF STATE JESSE WHITE • Secretary ofState
December 27,2010

IL ENVIRONMENTAL PROTECTION AGENCY KYLE ROMINGER DEPUTY CHIEF LEGAL COlJNSEL 1021 N ORAND AVE E PO BOX 19276 MAIL CODE 2 1 SPRI NGFIELD, IL 62794 Dear KYLE ROMINGER DEPUTY CHIEF LEGAL COUNSEL Your rules Listed below met our codification standards and have been published in Volume 35, Issue 1 ofthe Illinois Register, dated 1/3/2011. PROPOSED RULES Procedures to Be Followed in the Performance ofInspections ofMotor Vehicle Emissions 35 Ill. Adm. Code 276 14 Point ofContact: Kent Mohr If you have any questions, you may contact the Administ rative Code Division at (217) 782-70 17. 

# RECEi'\lED Division of Legal Counsel 

## DEC 2
. 8 2010 Environmental Protection Agency

Index Department- Administrative Code Division

- 111 East Monroe Springfield, IL 62756