Attachment 89

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 October 5, 2011 

ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

1) Heading of the Part: Procedures To Be Followed In The Performance Of Inspections Of 

Motor Vehicle Emissions 

2) Code Citation: 35 Ill. Adm. Code 276 

3) Section Numbers: Proposed Action: 

276.102 Amendment 

276.105 New 

276.201 Amendment 

276.210 New 

276.405 Amendment 

4) Statutory Authority: Section 13C-10 and 13C-20 of the Vehicle Emissions Inspection 

Law of 2005 [625 ILCS 5/13C-10 and 13C-20].

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

Protection Agency’s (Illinois EPA) proposal would amend Part 276 to reflect an 

amendment to the Vehicle Emissions Inspection Law of 2005 (VEIL of 2005) (625 ILCS 

5/13C) (P.A. 97-0106). P.A. 97-0106 amends the VEIL of 2005 by repealing the steadystate idle exhaust and evaporative system integrity inspection tests. These inspection 

tests were substituted for the on-board diagnostic (OBD) test for heavy-duty vehicles not 

required to be equipped with OBD systems meeting federal OBD II specifications and 

certain vehicles that could not receive the OBD test due to their design or with known 

OBD communication or software problems. P.A. 97-0106 exempts pre-2007 heavy-duty 

vehicles with a gross vehicle weight rating (GVWR) between 8,501 and 14,000 pounds 

and any heavy-duty vehicles with a GVWR greater than 14,000 pounds from the 

requirement to be tested. These heavy-duty vehicles are not all required to be equipped 

with OBD systems meeting federal OBD II specifications. Also, P.A. 97-0106 adds a 

visual inspection test as a new substitute for the OBD test for vehicles that cannot receive 

the OBD test due to their design or with known OBD communication or software 

problems. In addition, it revises the definition of “malfunction indicator lamp” and 

“OBD system.” Finally, it corrects an error with respect to the exemption for vehicles 

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

where vehicle emissions tests are not required. This exemption applies to vehicles that 

are located and primarily used outside of the affected counties and in other jurisdictions 

where vehicle emissions tests are not required. P.A. 97-0106 is effective February 1, 

2012.

The proposed amendments to Part 276 sunset the steady-state idle exhaust and 
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evaporative system integrity inspection test procedures, test equipment specifications, 

and equipment maintenance and calibration requirements as of February 1, 2012. Also, 

the proposed amendments add visual inspection test procedures beginning February 1, 

2012, and a definition of “visual inspection test.” In addition, the proposed amendments 

reflect the correction made by P.A. 97-0106 to the VEIL of 2005 regarding vehicles 

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

where vehicle emissions tests are not required. 

6) Published studies or reports, and sources of underlying data, used to compose this 

rulemaking: The Illinois EPA relied on P.A. 97-0106 to compose this rulemaking. 

Copies are available for review with the Illinois EPA at 1021 N. Grand Avenue East, 

Springfield, Illinois 62794. 

 

7) Will this proposed amendment replace an emergency rule currently in effect? No

8) Does this rulemaking contain an automatic repeal date? No

9) Does this proposed amendment contain incorporations by reference? No

10) Are there any other proposed amendments pending on this Part? No

11) Statement of Statewide Policy Objectives: This proposed rulemaking does not create or 

enlarge a State mandate, as defined in Section 3(b) of the 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 EPA 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 Emissions Inspection and Maintenance Program 

and be addressed to: 

Kent E. Mohr Jr. 

Assistant Counsel 

Division of Legal Counsel 

Illinois Environmental Protection Agency 

1021 North Grand Avenue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

217/782-5544
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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 tested in accordance with the VEIL of 

2005 and this Part. 

B. Reporting, bookkeeping or other procedures required for compliance: The rule 

requires vehicle emissions inspectors to perform vehicle emissions tests in 

accordance with the procedures and other requirements established by the rule. 

There are no new reporting or bookkeeping procedures proposed in this 

rulemaking. 

C. Types of Professional skills necessary for compliance: For motorists, none. 

Vehicle emissions inspectors must be trained in performing vehicle emissions 

tests and maintenance of any vehicle emissions test equipment. 

14) Regulatory Agenda on which this rulemaking was summarized: July 2011.

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

ILLINOIS REGISTER 

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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 

Section 

276.101 Purpose and Applicability 

276.102 Definitions 

276.103 Abbreviations 

276.104 Incorporations by Reference 

276.105 Sunset Provisions

SUBPART B: VEHICLE EMISSIONS INSPECTION PROCEDURES 

Section 

276.201 General Description of Vehicle Emissions Inspection Procedures 

276.202 Pollutants to be Tested – Exhaust Test 

276.203 Dilution – Steady-State Idle Exhaust Test 

276.204 Steady-State Idle Exhaust Emissions Test Procedures 

276.205 Evaporative System Integrity Test Procedures 

276.206 Engine and Fuel Type Modifications 

276.207 Transient Loaded Mode Exhaust Emissions Test Procedures (Repealed) 

276.208 On-Road Remote Sensing Test Procedures 

276.209 On-Board Diagnostic Test Procedures 

276.210 Visual Inspection Test Procedures

SUBPART C: EMISSIONS COMPLIANCE CERTIFICATE 

Section 

276.301 General Requirements 

276.302 Determination of Affected Counties 

276.303 Emissions Compliance Certificate Design and Content 

276.304 Initial Emissions Inspection Stickers or Certificates (Repealed) 
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276.305 Exempt Emissions Inspection Stickers or Certificates (Repealed) 

276.306 Renewal Emissions Inspection Stickers or Certificates (Repealed) 

276.307 Temporary Emissions Inspection Stickers or Certificates (Repealed) 

276.308 Corrected or Interim Emissions Inspection Stickers or Certificates (Repealed) 

276.309 Waiver Emissions Inspection Stickers or Certificates (Repealed) 

276.310 Emissions Inspection Sticker and Certificate Display and Possession (Repealed) 

276.311 Change of Assigned Test Month (Repealed) 

276.312 Economic Hardship Extension Stickers or Certificates (Repealed) 

SUBPART D: WAIVER, ECONOMIC HARDSHIP EXTENSION, AND OUTSIDE OF 

AFFECTED COUNTIES ANNUAL EXEMPTION REQUIREMENTS 

Section 

276.401 Waiver Requirements 

276.402 Low Emissions Tuneups (Repealed) 

276.403 Denial or Issuance of Waiver 

276.404 Economic Hardship Extension Requirements 

276.405 Outside of Affected Counties Annual Exemption Requirements 

SUBPART E: TEST EQUIPMENT SPECIFICATIONS 

Section 

276.501 General Requirements 

276.502 Steady-State Idle Exhaust Test Analysis Systems Functional Requirements 

276.503 Steady-State Idle Exhaust Test Analysis Systems Performance Criteria 

276.504 Evaporative System Integrity Test Functional Requirements and Performance 

Criteria 

276.505 Transient Loaded Mode Test Systems Functional Requirements (Repealed) 

276.506 Transient Loaded Mode Test Systems Performance Criteria (Repealed) 

276.507 On-Road Remote Sensing Test Systems Functional Requirements and 

Performance Criteria 

276.508 On-Board Diagnostic Test Systems Functional Requirements and Performance 

Criteria 

SUBPART F: EQUIPMENT MAINTENANCE AND CALIBRATION 

Section 

276.601 Steady-State Idle Test Equipment Maintenance 
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276.602 Steady-State Idle Test Equipment Calibration 

276.603 Evaporative System Integrity Test Maintenance and Calibration 

276.604 Record Keeping 

276.605 Transient Loaded Mode Test Equipment Maintenance and Calibration (Repealed) 

276.606 On-Road Remote Sensing Test Systems Maintenance and Calibration 

276.607 On-Board Diagnostic Test Systems Maintenance and Calibration 

SUBPART G: FLEET SELF TESTING REQUIREMENTS 

Section 

276.701 General Requirements 

276.702 Fleet Inspection Permit 

276.703 Fleet Inspection Permittee Operating Requirements 

276.704 Private Official Inspection Station Auditing and Surveillance 

276.705 Fleet Station Auditing and Surveillance (Renumbered) 

SUBPART H: GRIEVANCE PROCEDURE 

Section 

276.801 General Requirements 

276.802 Procedure for Filing Grievance 

276.803 Agency Investigation 

276.804 Review of Agency's Determination 

SUBPART I: NOTICES 

Section 

276.901 General Requirements 

276.902 Vehicle Emissions Test Notice 

276.903 Warning Notice (Repealed) 

276.904 Second Warning Notice (Repealed) 

SUBPART J: RECIPROCITY WITH OTHER JURISDICTIONS 

Section 

276.1001 Requirements for Vehicles Registered in Affected Counties and Located in Other 

Jurisdictions Requiring Vehicle Emissions Inspection 

276.1002 Requirements for Vehicles Registered in Other Jurisdictions Requiring Vehicle 
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Emissions Inspection and Located in an Affected County 

SUBPART K: REPAIR FACILITY PERFORMANCE REPORTING 

276.1101 Requirements for Collecting and Reporting Data Pertaining to the Repair of 

Vehicles that Failed or Were Rejected from an Emissions Inspection 

276.TABLE A Transient Driving Cycle (Repealed) 

276.TABLE B Fast-Pass Speed Variation Limits Using Positive Kinetic Energy (PKE) 

Measurements (Repealed) 

AUTHORITY: Implementing the Vehicle Emissions Inspection Law of 2005 [625 ILCS 5/13C] 

and authorized by Sections 13C-10 and 13C-20 of the Vehicle Emissions Inspection Law of 

2005 [625 ILCS 5/13C-10 and 13C-20]. 

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 35 Ill. Reg. 11268, effective June 28, 2011; amended at 36 Ill. Reg. 

___________________, effective ___________________. 

SUBPART A: GENERAL PROVISIONS 

Section 276.102 Definitions 

a) Except as hereinafter stated and unless a different meaning of a term is clear from 

its context, the definitions of terms used in this Part shall be the same as those 

used in the Environmental Protection Act [415 ILCS 5] and the Vehicle 

Emissions Inspection Law of 2005 [625 ILCS 5/13C]. 

b) The following definitions apply to this Part: 

 "Accuracy" means the combination of bias and precision errors, 

technically defined as uncertainty, that quantifies the differences between 

a measured and true value. 

 "Affected county" means any county or portion thereof, as defined in 

Section 13C-5 of the Vehicle Emissions Inspection Law of 2005. 
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"Agency" means the Illinois Environmental Protection Agency or its 

designee. 

 "Calibration gas" means a gas of known concentration used to establish 

the response curve of the exhaust gas analyzer. 

 "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 of an emission related malfunction of the vehicle. 

 "Drift" means the amount of change in analyzer reading over a period of 

time. Zero drift refers to the change of zero reading. Span drift refers to a

change in the reading at a specified span gas calibration point. 

 "Economic hardship extension" means a one year extension to the test-by 

date that may be granted to the owners of a vehicle in order for the owners 

to comply with the requirements of the Vehicle Emissions Inspection Law 

of 2005. 

"Emissions compliance certificate" means a certificate issued to an owner 

of a vehicle registered in an affected county who successfully complies 

with the Vehicle Emissions Inspection Law of 2005 and the requirements 

of this Part. As required by the context, this means an emissions 

compliance certificate, annual exemption certificate or emissions 

inspection certificate. 

 "Emission control devices" means those components of a vehicle that were 

designed and are used to control vehicle exhaust and evaporative system 

emissions. For the purpose of this Part, this term refers to components 

with which the vehicle was originally equipped or direct replacements. 

 "Evaporative system integrity test" means a test of the fuel cap portion of 

a vehicle's evaporative system, which consists of either a fuel cap leak 

flow test, a fuel cap pressure decay test, or a fuel cap visual functional test, 

as applicable. 

 "Exhaust gas analyzer" means a device that has the capability to identify 

unknown concentrations of particular constituents in motor vehicle 
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exhaust gases by comparison with known concentrations of analytical 

gases. 

 "Fleet inspection permit" means a permit issued to fleet self-testers in 

accordance with Subpart G. 

 "Fleet inventory" means those vehicles that have been registered with the 

Agency for the purpose of fleet self-testing and that have been assigned a 

test eligibility date. 

 "Fleet vehicle" means any non-exempt vehicle registered with the Agency 

for the purpose of fleet 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 determine 

whether the vehicle complies with the evaporative system emission 

standards of 35 Ill. Adm. Code 240. 

 "Fuel cap leak flow tester" or "fuel cap tester" means a device used to 

determine the leak flow integrity of a vehicle's fuel cap by comparing the 

measured leak flow of the 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 determine whether the vehicle complies with the evaporative system 

emission standards of 35 Ill. Adm. Code 240. 

 "Fuel cap pressure decay tester" means a device used to determine the 

pressure decay integrity of a vehicle's fuel cap by monitoring the pressure 

behind the fuel cap for a 10 second period and comparing the measured 

pressure decay of the fuel cap to an established fuel cap pressure decay 

standard. 

 "Fuel cap visual functional test" means the test performed in accordance 

with this Part on a vehicle's fuel cap using visual analysis to determine 
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whether the vehicle complies with the evaporative system emission 

standards of 35 Ill. Adm. Code 240. 

"Full-service official inspection station" means an inspection station that 

offers the full range of emissions inspection services and customer service 

functions, including waiver inspections. 

 "HC hangup" means hydrocarbons that cling to the surface of the analyzer 

gas sampling stream causing errors in hydrocarbon readings. 

 "High idle" means a vehicle operating condition with engine disconnected 

from an external load (placed in either neutral or park) and operating at a 

speed of 2500 ±300 RPM. 

 "Household income" means the gross income of all household members, 

except wage or salary income earned by dependent minors under 18 years 

of age. A head of household and his or her 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 other indirect 

income such as utility allowances. 

 "Idle mode" means that portion of a vehicle emission test procedure 

conducted with the engine disconnected from an external load and 

operating at minimum throttle. 

 "Initial idle mode" means the first of up 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. 

 "Low income" means the household income during the preceding 12 

month period was not more than 150 percent of the latest available poverty 

guidelines established by the U.S. Department of Health and Human 

Services for the contiguous United States and the District of Columbia. 

 "Malfunction indicator light" or "MIL" means the light found on the 

dashboard of OBD-equipped vehicles that is required to be illuminated 
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when the OBD system detects malfunctions likely to result in emissions 

exceeding applicable emission standards. The MIL must display the 

phrase "Check Engine" or "Service Engine Soon". The word "Powertrain" 

may be substituted for "Engine". Alternatively, the ISO engine symbol 

may be substituted. 

 "National Institute of Standards and Technology gas" or "NIST gas" 

means a standard gas maintained or made available by the National 

Institute of Standards and Technology for the purpose of determining the 

accuracy of calibration gases. 

 "Non-exempt vehicle" means any vehicle subject to emission inspections, 

regardless of whether the vehicle is in a certified configuration, under the 

Vehicle Emissions Inspection Law of 2005. 

 "Non-fleet vehicle" means any non-exempt vehicle except for vehicles 

registered with the Agency for the purpose of fleet 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 readiness code" means a status flag stored by a 

vehicle's onboard computer that indicates whether a given monitor has 

been run (i.e., whether the component or system in question has been 

checked to determine if it is functioning properly). 

 "On-board diagnostic test" means the electronic retrieval of stored 

readiness status, diagnostic trouble codes, and MIL illumination status 

from a vehicle's OBD system to determine if any emission related trouble 

codes are present and if the MIL is commanded to be on, which would 

indicate the existence of an emission related malfunction with the vehicle. 

 "On-road remote sensing test" means the observation, measurement, and 

recording of vehicle exhaust emission concentrations of hydrocarbons 

(HC), carbon monoxide (CO), and carbon dioxide (CO2) present in each 

in-use vehicle while traveling on roadways or in specified areas by 

equipment that is not connected to the vehicle. 
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 "Preconditioning mode" means a period of steady-state 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 or more non-exempt 

fleet vehicles. 

 "Recognized repair 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. 

 "Second-chance idle mode" means the second of two 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 of known concentrations that is used to check or 

adjust the analyzer response characteristics to those determined by the 

calibration gases. 

 "Steady-state idle test" means a vehicle emission test procedure consisting 

of an initial idle mode measurement of exhaust emissions followed, if 

necessary, by a high idle preconditioning mode and a second-chance idle 

mode.

"Test-by date" or "TBD" means the date by which 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 of the vehicle's purchase anniversary month or, if not available, 

the month the vehicle was added to the Illinois Secretary of State's

registration database. 

 "Test cycle" means the two-year period between a vehicle's test eligibility 

dates. 
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"Test eligibility date" or "TED" means the first day of the third month 

prior to the vehicle's TBD. 

 "Vehicle emissions test notice" means a notice sent by the Agency to the 

owners of a vehicle informing the owners of the need to comply with the 

requirements of the Vehicle Emissions Inspection Law of 2005. 

 

 "Vehicle inspection report" means a report issued to the motorist 

indicating the results of an emission inspection or waiver determination. 

 "Visual functional test" means a visual examination of a vehicle's fuel cap 

for any readily apparent wear, tampering, or defects that would prevent the 

fuel cap from operating properly. 

“Visual inspection test” means a visual examination of a vehicle’s MIL 

consisting of verifying the status of the MIL in the key-on/engine off 

position followed by verifying the status of the MIL in the key-on/engine 

on position to determine the status of the MIL and existence of an 

emission related malfunction with the vehicle. 

 "Waiver" means a suspension of the requirement that a non-exempt 

vehicle comply with test standards after two or more attempts to do so, as 

provided for in this Part. 

 "Waiver inspection" means an inspection conducted by a waiver inspector 

to determine waiver eligibility. 

 "Waiver inspector" means a person authorized by the Agency to conduct 

waiver inspections and to approve or disapprove applications for a waiver. 

(Source: Amended at 36 Ill. Reg. _________________, effective__________________) 

Section 276.105 Sunset Provisions

Sections 276.203, 276.204, 276.205, 276.502, 276.503, 276.504, 276.601, 276.602, and 276.603 

of this Part shall not apply after January 31, 2012.

 

 (Source: Added at 36 Ill. Reg. _________________, effective ____________________) 
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SUBPART B: VEHICLE EMISSIONS INSPECTION PROCEDURES 

Section 276.201 General Description of Vehicle Emissions Inspection Procedures 

Compliance with steady-state idle, evaporative system integrity, OBD, visual inspection, and onroad sensing test standards contained in 35 Ill. Adm. Code 240 shall be determined by use of test 

procedures and other requirements as applicable, as set forth in this Part, and shall be performed 

to the extent practicable. The test procedure applicable to each non-exempt vehicle shall be 

based on the model year and vehicle type as supplied by the manufacturer. If this information is 

not available from the manufacturer, the model year and vehicle type shall be based on 

registration information as supplied by the Illinois Secretary of State. 

(Source: Amended at 36 Ill. Reg. _______________, effective ____________________) 

Section 276.210 Visual Inspection Test Procedures

a) Applicability 

Beginning February 1, 2012, the visual inspection test may be substituted for the 

OBD test for those vehicles identified in Section 13C-25(h) of the Vehicle 

Emissions Inspection Law of 2005. The visual inspection test consists of a twopart test. The first part of the visual inspection test consists of a visual

examination of the MIL in the key-on/engine off position. The second part of the 

visual inspection test consists of a visual examination of the MIL in the keyon/engine on position. The visual inspection test shall be performed in 

accordance with subsections (b) and (c) of this Section. 

 b) Test Procedures

 1) Key-on/engine off

The key-on/engine off test starts with the ignition in the key-off/engine-off 

position. The ignition shall then be turned to the key-on/engine off 

position. The inspector shall observe whether the MIL is illuminated. 

 2) Key-on/engine on

The key-on/engine on test starts with the ignition in the key-on/engine off

position. The ignition shall then be turned to the key-on/engine on

position. The inspector shall observe whether the MIL is continuously 
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illuminated. 

 c) Pass/Fail Determination

 A pass or fail determination is made for each part of the visual inspection test 

 identified in subsection (b) of this Section based on a comparison of such test 

 results to the visual inspection test standards contained in 35 Ill. Adm. Code

 240.202. 

 (Source: Added at 36 Ill. Reg. _________________, effective ____________________) 

SUBPART D: WAIVER, ECONOMIC HARDSHIP EXTENSION, AND OUTSIDE OF 

AFFECTED COUNTIES ANNUAL EXEMPTION REQUIREMENTS 

Section 276.405 Outside of Affected Counties Annual Exemption Requirements 

a) The owner of a vehicle that is located and being primarily operated outside of the 

affected counties and, or in other jurisdictions in which vehicle emission 

inspections are not required, may be issued a one year emissions compliance 

certificate allowing the motorist to renew the registration without having an 

emissions inspection. Written proof of the vehicle's location must be provided by 

one of the following:

1) Tax bill; 

2) Utility bill; 

3) Tuition bill; 

4) Storage receipt; 

5) Military orders; or 

6) Other written proof deemed acceptable by the Agency. 

b) Vehicles obtaining a one year emissions compliance certificate under this Section 

will be subject to inspection by the next TBD unless the motorist complies with 

subsection (a) of this Section. 
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c) A vehicle owner who is currently in the military and deployed outside the affected 

counties may be issued a one year emissions compliance certificate under this 

Section if written proof as specified in Section 276.405(a)(5) or (a)(6) is provided. 

(Source: Amended at 36 Ill. Reg. ________________, effective ___________________) 

Attachment 90

Secretary of the State letter accepting

Notice of Proposed Amendments for Publication 

dated October 13, 2011 

OFFICE OF THE SECRETARY OF STATE 

.JESSE WHITE • Secretary of State 

October 13, 2011 

IL ENVIRONMENTAL PROTECTION AGENCY 

KYLE ROMINGER DEPUTY CHIEF LEGAL COUNSEL 

1021 N GRAND AVE E 

PO BOX 19276 MAIL CODE 21 

SPRINGFIELD, 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 43 of the Illinois Register, dated 10/21/2011. 

PROPOSED RULES 

Procedures To Be Followed in The Performance Oflnspections Of Motor Vehicle Emissions 

35 Ill. Adm. Code 276 16918 

Point of Contact: Kent Mohr 

If you have any questions, you may contact the Administrative Code Division at 

(217) 782- 7017. 

RECEIVED 

Division of Legal Counsel 

ocr 1 s 2011 

Environmental Protection 

Agency 

Index Department- Administrative Code Division - 111 East Monroe Springfield, IL 62756 

Attachment 91

Notice of Proposed Amendments 

Illinois Register publication 

35 Ill. Reg. 16918 

October 21, 2011 

ILLINOIS REGISTER 

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NOTICE OF PROPOSED AMENDMENTS 

1) Heading ofthe Part: Procedures To Be Followed In The Performance Ofinspections Of 

Motor Vehicle Emissions 

2) Code Citation: 35 Ill. Adm. Code 276 

3) Section Numbers: 

276.102 

276.105 

276.201 

276.210 

276.405 

Proposed Action: 

Amendment 

New 

Amendment 

New 

Amendment 

4) Statutory Authority: Section 13C-1 0 and 13C-20 of the Vehicle Emissions Inspection 

Law of2005 [625 ILCS 5/ 13C-10 and 13C-20]. 

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

Protection Agency's (Illinois EPA) proposal would amend Part 276 to reflect an 

amendment to the Vehicle Emissions Inspection Law of2005 (VEIL of2005) (625 ILCS 

5/13C) (P .A. 97-0 I 06). P .A. 97-0106 amends the VEIL of 2005 by repealing the steadystate idle exhaust and evaporative system integrity inspection tests. 111ese inspection 

tests were substituted for the on-board diagnostic (OBD) test for heavy-duty vehicles not 

required to be equipped with OBD systems meeting federal OBD II specifications and 

certain vehicles that could not receive the OBD test due to their design or with known 

OBD communication or software problems. P.A. 97-0106 exempts pre-2007 heavy-duty 

vehicles with a gross vehicle weight rating (GVWR) between 8,501 and 14,000 pounds 

and any heavy-duty vehicles with a GVWR greater than 14,000 pounds from the 

requirement to be tested. These heavy-duty vehicles are not all required to be equipped 

with OBD systems meeting federal OBD II specifications. Also, P.A. 97-0106 adds a 

visual inspection test as a new substitute for the OBD test for vehicles that cannot receive 

the OBD test due to their design or with known OBD communication or software 

problems. In addition, it revises the definition of "malfunction indicator lamp" and 

"OBD system." Finally, it corrects an error with respect to the exemption for vehicles 

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

where vehicle emissions tests are not required. This exemption applies to vehicles that 

are located and primarily used outside of the affected counties and in other jurisdictions 

where vehicle emissions tests are not required. P .A 97-0106 is effective February 1, 

2012. 

The proposed amendments to Part 276 sunset the steady-state idle exhaust and 

RECEIVED 

OCT 5 lOU 
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evaporative system integrity inspection test procedures, test equipment specifications, 

and equipment maintenance and calibration requirements as of February 1, 2012. Also, 

the proposed amendments add visual inspection test procedures beginning February 1, 

2012, and a defmition of "visual inspection test." In addition, the proposed amendments 

reflect the correction made by P .A. 97-0106 to the VEIL of 2005 regarding vehicles 

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

where vehicle emissions tests are not required. 

6) Published studies or reports. and sources of underlying data, used to compose this 

rule making: The Illinois EPA relied on P .A 97-0 106 to compose this rulemaking. 

Copies are available for review with the Illinois EPA at 1021 N. Grand A venue East, 

Springfield, Illinois 62794. 

7) Will this proposed amendrpent replace an emergency rule currently in effect? No 

8) Does this rulemaking contain an automatic repeal date? No 

9) Does this proposed amendment contain incorporations by reference? No 

1 0) Are there any other proposed amendments pending on this Part? No 

11) Statement of Statewide Policy Objectives: This proposed rulemaking does not create or 

enlarge a State mandate, as defined in Section 3(b) of the State Mandates Act. [30 ILCS 

805/3(b)]. 

12) Time. Place. and Manner in which interested persons may comment on tllis proposed 

rulemaking: The Illinois EPA 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 Emissions Inspection and Maintenance Program 

and be addressed to: 

Kent E. Mohr Jr. 

Assistant Counsel 

Division of Legal Counsel 

Illinois Environmental Protection Agency 

1021 North Grand A venue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

217/782-5544 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

13) Initial Regulatory Flexibility Analysis: 

A. Tvpes 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 tested in accordance with the VEIL of 

2005 and this Part. 

B. Reporting, bookkeeping or other procedures required for compliance: The rule 

requires vehicle emissions inspectors to perform vehicle emissions tests in 

accordance with the procedures and other requirements established by the rule. 

There are no new reporting or bookkeeping procedures proposed in this 

rulemaking. 

C. Types of Professional skills necessary for compliance: For motorists, none. 

Vehicle emissions inspectors must be trained in performing vehicle emissions 

tests and maintenance of any vehicle emissions test equipment. 

14) Regulatory Agenda on which this mlemaking was summarized: July 2011. 

The full text of the Proposed Amendment(s) begins on the next page: 
Section 

276.101 

276.1 02 

276.103 . 

276.104 

276.105 

Section 

276.201 

276.202 

276.203 

276.204 

276.205 

276.206 

276.207 

276.208 

276.209 

276.210 

Section 

276.301 

276.302 

276.303 

276.304 

ILLINOIS REGISTER 

ENVIRONMENTAL 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 by Reference 

Sunset Provisions 

SUBPART B: VEHICLE EMISSIONS INSPECTION PROCEDURES 

General Desctiption of Vehicle Emissions Inspection Procedures 

Pollutants to be Tested - Exhaust Test 

Dilution- Steady-State Idle Exhaust Test 

Steady-State Idle Exhaust Emissions Test Procedures 

Evaporative System Integrity Test Procedures 

Engine and Fuel Type Modifications 

Transient Loaded Mode Exhaust Emissions Test Procedures (Repealed) 

On-Road Remote Sensing Test Procedures 

On-Board Diagnostic Test Procedures 

Visual Inspection Test Procedures 

SUBPART C: EMISSIONS COMPLIANCE CERTIFICATE 

General Requirements 

Detetmination of Affected Counties 

Emissions Compliance Certificate Design and Content 

Initial Emissions Inspection Stickers or Certificates (Repealed) 
276.305 

276.306 

276.307 

276.308 

276.309 

276.310 

276.311 

276.312 

ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

Exempt Emissions Inspection Stickers or Certificates (Repealed) 

Renewal Emissions Inspection Stickers or Certificates (Repealed) 

Temporary Emissions Inspection Stickers or Certificates (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 of Assigned Test Month (Repealed) 

Economic Hardship Extension Stickers or Certificates (Repealed) 

SUBPART D: WAIVER) ECONOMIC HARDSHIP EXTENSION, AND OUTSIDE 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 

Waiver Requirements 

Low Emission·s Ttmeups (Repealed) 

Denial or Issuance of Waiver 

Economic Hardship Extension Requirements 

Outside of Affected Counties Annual Exemption Requirements 

SUBPART E: TEST EQUIPMENT SPECIFICATIONS 

General Requirements 

Steady-State Idle Exhaust Test Analysis Systems Functional Requirements 

Steady-State Idle 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 Sensing Test Systems Functional 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 
276.602 

276.603 

276.604 

276.605 

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 

ILLINOIS REGISTER 

El'JVIRONMENT AL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

Steady-State Idle Test Equipment Calibration 

Evaporative System Integrity Test Maintenance and Calibration 

Record Keeping 

Transient Loaded Mode Test Equipment Maintenance and Calibration (Repealed) 

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 of Agency's Determination 

SUBPART I: NOTICES 

General Requirements 

Vehicle Emissions Test Notice 

Warning Notice (Repealed) 

Second Warning Notice (Repealed) 

SUBPART J: RECIPROCITY WITH OTHER JURISDICTIONS 

Requirements for Vehicles Registered in Affected Counties and Located in Other 

Jurisdictions Requiring Vehicle Emissions Inspection 

Requirements for Vehicles Registered in Other Jurisdictions Requiring Vehicle 
276.1101 

ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

Emissions Inspection and Located in an Affected County 

SUBPART K: REPAIR FACILITY PERFORMANCE REPORTING 

Requirements for Collecting and Reporting Data Pertaining to the Repair of 

Vehicles that Failed or Were Rejected from an Emissions Inspection 

276.TABLEA 

276.TABLEB 

Transient Driving Cycle (Repealed) 

Fast-Pass Speed Variation Limits Using Positive Kinetic Energy (PKE) 

Measurements (Repealed) 

AUTHORITY: Implementing the Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C] 

and authorized by Sections 13C-10 and i3C-20 ofthe Vehicle Emissions Inspection Law of 

2005 [ 625 ILCS 5/13C-1 0 and 13C-20]. 

SOURCE: Adopted at lO 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 35 Ill. Reg. 11268, effective June 28, 2011; amended at 36 Ill. Reg. 

, effective ---------------- ----------------

SUBPART A: GENERAL PROVISIONS 

Section 276.102 Definitions 

a) Except as hereinafter stated and unless a different meaning of a term is clear from 

its context, the definitions of terms used in this Part shall be the same as those 

used in the Environmental Protection Act [ 415 ILCS 5] and the Vehicle 

Emissions Inspection Law of 2005 [625 ILCS 5113C). 

b) The following definitions apply to this Part: 

"Accuracy" means the combination of bias and precision errors, 

technically defined as uncertainty, that quantifies the differences between 

a measured and true value. 

"Affected county" means any county or portion thereof, as defined in 

Section 13C-5 of the Vehicle Emissions Inspection Law of2005. 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

"Agency" means the Illinois Environmental Protection Agency or its 

designee. 

"Calibration gas" means a gas of known concentration used to establish 

the response curve of the exhaust gas analyzer. 

"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 of an emission related malfunction of the vehicle. 

"Drift" means the amount of change in analyzer reading over a period of 

time. Zero drift refers to the change of zero reading. Span drift refers to a 

change in the reading at a specified span gas calibration point. 

"Economic hardship extension" means a one year extension to the test-by 

date that may be granted to the owners of a vehicle in order for the owners 

to comply with the requirements of the Vehicle Emissions Inspection Law 

of2005. 

"Emissions compliance certificate" means a certificate issued to an owner 

of a vehicle registered in an affected county who successfully complies 

with the Vehicle Emissions Inspection Law of2005 and the requirements 

of this Part. As required by the context, this means an emissions 

compliance certificate, annual exemption certificate or emissions 

inspection certificate. 

"Emission control devices" means those components of a vehicle that were 

designed and are used to control vehicle exhaust and evaporative system 

emissions. For the purpose of this Part, this term refers to components 

with which the vehicle was originally equipped or direct replacements. 

"Evaporative system integrity test" means a test of the fuel cap portion of 

a vehicle's evaporative system, which consists of either a fuel cap leak 

flow test, a fuel cap pressure decay test, or a fuel cap visual functional test, 

as applicable. 

"Exhaust gas analyzer" means a device that has the capability to identify 

unknown concentrations of particular constituents in motor vehicle 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

exhaust gases by comparison with known concentrations of analytical 

gases. 

"Fleet inspection permit" means a permit issued to fleet self-testers in 

accordance with Subpart G. 

"Fleet inventory" means those vehicles that have been registered with the 

Agency for the purpose of fleet self-testing and that have been assigned a 

test eligibility date. 

"Fleet vehicle" means any non-exempt vehicle registered with the Agency 

for the purpose of fleet 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 determine 

whether the vehicle complies with the evaporative system emission 

standards of 35 Ill. Adm. Code 240. 

"Fuel cap leak flow tester" or "fuel cap tester" means a device used to 

determine the lealc flow integrity of a vehicle's fuel cap by comparing the 

measured leak flow of the 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 determine whether the vehicle complies with the evaporative system 

emission standards of 35 Ill. Adm. Code 240. 

"Fuel cap pressure decay tester" means a device used to determine the 

pressure decay integrity of a vehicle's fuel cap by monitoring the pressure 

behind the fuel cap for a 1 0 second period and comparing the measured 

pressure decay of the fuel cap to an established fuel cap pressure decay 

standard. 

"Fuel cap visual functional test" means the test perfonned in accordance 

with this Part on a vehicle's fuel cap using visual analysis to detennine 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

whether the vehicle complies with the evaporative system emission 

standards of 35 Ill. Adm. Code 240. 

"Full-service official inspection station" means an inspection station that 

offers the full range of emissions inspection services and customer service 

functions, including waiver inspections. 

"HC hangup" means hydrocarbons that cling to the surface of the analyzer 

gas san1pling strean1 causing errors in hydrocarbon readings. 

"High idle" means a vehicle operating condition with engine disconnected 

from an extemalload (placed in either neutral or park) and operating at a 

speed of2500 ±300 RPM. 

"Household incom~" means the gross income of all household members, 

except wage or salary income earned by dependent minors under 18 years 

of age. A head of household and his or her 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 other indirect 

income such as utility allowances. 

"Idle mode" means that portion of a vehicle emission test procedure 

conducted with the engine disconnected from an external load and 

operating at minimum throttle. 

"Initial idle mode" means the first of up 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. 

"Low income" means the household income during the preceding 12 

month period was not more than 150 percent of the latest available poverty 

guidelines established by the U.S. Department of Health and Human 

Services for the contiguous United States and the District of Columbia. 

"Malfunction indicator light" or "MIL" means the light found on the 

dashboard of OBD-equipped vehicles that is required to be illuminated 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

when the OBD system detects malftmctions likely to result in emissions 

exceeding applicable emission standards. The MIL must display the 

phrase "Check Engine" or "Service Engine Soon". The word "Powertrain" 

may be substituted for "Engine". Alternatively, the ISO engine symbol 

may be substituted. 

"National Institute of Standards and Technology gas" or "NIST gas" 

means a standard gas maintained or made available by the National 

Institute of Standards and Technology for the pmpose of determining the 

accuracy of calibration gases. 

"Non-exempt vehicle" means any vehicle subject to emission inspections, 

regardless of whether the vehicle is in a certified configuration, under the 

Vehicle Emissions Inspection Law of2005. 

"Non-fleet vehicle" means any non-exempt vehicle except for vehicles 

registered with tl1e Agency for the purpose of fleet 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 readiness code" means a status flag stored by a 

vehicle's onboard computer that indicates whether a given monitor has 

been run (i.e., whether the component or system in question has been 

checked to determine if it is functioning properly). 

"On-board diagnostic test" means the electronic retrieval of stored 

readiness status, diagnostic trouble codes, and MIL illumination status 

from a vehicle's OBD system to determine if any emission related trouble 

codes are present and if the MIL is commanded to be on, which would 

indicate the existence of an emission related malfunction with the vehicle. 

"On-road remote sensing test" means the observation, measurement, and 

recording of vehicle exhaust emission concentrations of hydrocarbons 

(HC), carbon monoxide (CO), and carbon dioxide (C02) present in each 

in-use vehicle while traveling on roadways or in 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 of steady-state 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 or more non-exempt 

fleet vehicles. 

"Recognized repair teclmician" 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. 

"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 of known concentrations that is used to check or 

adjust the analyzer response characteristics to those determined by the 

calibration gases. 

"Steady-state idle test" means a vehicle emission test procedure consisting 

of an initial idle mode measurement of exhaust emissions followed, if 

necessary, by a high idle preconditioning mode and a second-chance idle 

mode. 

"Test-by date" or "TBD" means the date by which 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 of the vehicle's purchase anniversary month or, if not available, 

the month the vehicle was added to the Illinois Secretary of State's 

registration database. 

"Test cycle" means the two-year period between a vehicle1

s test eligibility 

dates. 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

"Test eligibility date" or "TED" means the first day of the third month 

prior to the vehicle's TBD. 

"Vehicle emissions test notice" means a notice sent by the Agency to the 

owners of a vehicle informing the owners of the need to comply with the 

requirements of the Vehicle Emissions Inspection Law of 2005. 

"Vehicle inspection report" means a report issued to the motorist 

indicating the results of an emission inspection or waiver detem1ination. 

"Visual functional test" means a visual examination of a vehicle's fuel cap 

for any readily apparent wear, tampering, or defects that would prevent the 

fuei cap from operating properly. 

'''Visual inspection test" means a visual examination of a vehicle's MIL 

consistin!l of verifying the status of the MIL in the key-on/engine off 

position followed by verifying the status of the MIL in the key-on/engine 

on position to determine the status of the MIL and existence of an 

emission related malfunction with the vehicle. 

"Waiver" means a suspension of the requirement that a non-exempt 

vehicle comply with test standards after two or more attempts to do so, as 

provided for in this Part. 

"Waiver inspection" means an inspection conducted by a waiver inspector 

to determine waiver eligibility. 

"Waiver inspector" means a person authorized by the Agency to conduct 

waiver inspections and to approve or disapprove applications for a waiver. 

(Source: Amended at 36 Ill. Reg. ________ , effective _______ __, 

Section 276.105 Sunset Provisions 

Sections 276.203,276.204,276.205.276.502.276.503, 276.504. 276.601, 276.602, and 276.603 

of this Part shall not apply after January 31, 2012. 

(Source: Added at 36 Ill. Reg. _______ , effective _ _______ _/ 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

SUBPART B: VEHICLE EMISSIONS INSPECTION PROCEDURES 

Section 276.201 General Description of Vehicle Emissions Inspection Procedures 

Compliance with steady-state idle, evaporative system integrity, OBD, visual inspection, and onroad sensing test standards contained in 35 Ill. Adm. Code 240 shall be determined by use of test 

procedures and other requirements as applicable, as set forth in this Part, and shall be performed 

to the extent practicable. The test procedure applicable to each non-exempt vehicle shall be 

based on the model year and vehicle type as supplied by the manufacturer. If this information is 

not available from the manufacturer, the model year and vehicle type shall be based on 

registration information as supplied by the Illinois Secretary of State. 

(Source: Amended at 36 Hi. Reg. _______ , effective _ _ _______ ) 

Section 276.210 Visual Inspection Test Procedures 

ill. Applicability 

Beginning Feb mary 1. 2012, the visual inspection test may be substituted for the 

OBD test for those vehicles identified in Section 13C-25(h) of the Vehicle 

Emissions Inspection Law of 2005. The visual inspection test consists of a twopart test. The first part of the visual inspection test consists of a visual 

examination of the MIL in the key-on/engine offposition. The second part ofthe 

visual inspection test consists of a visual examination of the MIL in the keyon/engine on position. The visual inspection test shall be performed in 

accordance with subsections (b) and (c) of this Section. 

hl Test Procedures 

12 Key-on/engine off 

The key-on/engine off test starts with the ignition in the key-off/engine-off 

pos1t10n. The ignition shall then be turned to the key-on/engine off 

position. The inspector shall observe whether the MIL is illuminated. 

Il Key-on/engine on 

The key-on/engine on test starts with the ignition in the key-on/engine off 

pos1t10n. The ignition shall then be turned to the key-on/engine on 

position. The inspector shall observe whether the MIL is continuously 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED At'vfENDMENTS 

illuminated. 

f} Pass/Fail Determination 

A pass or fail determination is made for each part of the visual inspection test 

identified in subsection (b) of this Section based on a comparison of such test 

results to the visual inspection test standards contained in 35 Ill. Adm. Code 

240.202. 

(Source: Added at 36 Ill. Reg. _______ , effective _ ______ _ _,/ 

SUBPART D: WAIVER, ECONOMIC HARDSHIP EXTENSION, AND OUTSIDE OF 

AFFECTED COUNTIES ANNUAL EXEMPTION REQUIREMENTS 

Section 276.405 Outside of Affected Counties Annual Exemption Requirements 

a) The owner of a vehicle that is located and being primarily operated outside of the 

affected counties and,-er in other jurisdictions in which vehicle emission 

inspections are not required, may be issued a one year emissions compliance 

certificate allowing the motorist to renew the registration without having an 

emissions inspection. Written proof of the vehicle's location must be provided by 

one of the following: 

I) Taxbill; 

2) Utility bill; 

3) Tuition bill; 

4) Storage receipt; 

5) Military orders; or 

6) Other written proof deemed acceptable by the Agency. 

b) Vehicles obtaining a one year emissions compliance certificate under this Section 

will be subject to inspection by the next TBD unless the motorist complies with 

subsection (a) of this Section. 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

c) A vehicle ovmer who is currently in the military and deployed outside the affected 

counties may be issued a one year emissions compliance certificate under this 

Section if written proof as specified in Section 276.405(a)(5) or (a)(6) is provided. 

(Source: Amended at 36 Ill. Reg. _ ____ ,effective------- --' 
Attachment 92

Notice of Public Hearing 

and Certificates of Publication 

Illinois Environmental Protection Agency 

Public Notice Order Form 

Division: Air Permits 

Ordered By: Bradley Frost Phone: 217/782-7027 

Public Notice Number: H11-004 

Newspaper or location where ad is to be placed: Sun Times and Post Dispatch Metro-East 

Edition 

Run Date(s): 10/13/2011 

Special Instructions: 

 Ad is to run as an ROP Display - NOT as a legal notice 

Please typeset and border ad copy. Ad Size: 2 x 6 

Authorizing Name: Brad Frost Date: October 5, 2011 
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Notice of Public Comment Period and Public Hearing on 

Proposed Amendments to the Vehicle Inspection and Maintenance Program Rules 

The Illinois Environmental Protection Agency (Illinois EPA), Division of Mobile Source Programs, will 

hold public hearings on November 17, 2011 at 1:30pm in Room 2-025 at the James R. Thompson Center, 

100 W. Randolph Street, Chicago Illinois and November 30, 2011 at 1:30 pm in the Regional Room at the 

Illinois Department of Transportation, District 8, 1102 Eastport Plaza Drive, Collinsville, Illinois to 

accept comments on proposed changes to the Procedures To Be Followed In The Performance Of 

Inspections Of Motor Vehicle Emissions, 35 Ill. Adm. Code 276. 

The proposal would amend the State of Illinois regulation 35 Ill. Adm. Code Part 276 to reflect an 

amendment to the Vehicle Emissions Inspection Law of 2005 (VEIL of 2005) (625 ILCS 5/13C) (P.A. 

97-0106). The amendments propose a sunset of the steady-state idle exhaust and evaporative system 

integrity inspection test procedures, test equipment specifications, and equipment maintenance and 

calibration requirements as of February 1, 2012. Also, the proposed amendments add visual inspection 

test procedures beginning February 1, 2012, and a definition of “visual inspection test.” In addition, the 

proposed amendments reflect the correction made by P.A. 97-0106 to the VEIL of 2005 regarding 

vehicles located and primarily used outside of the affected counties and in other jurisdictions where 

vehicle emissions tests are not required. 

Copies of this proposal may be viewed by the public prior to the hearing on the Illinois EPA’s website at 

http://www.epa.state.il.us/public-notices/ or at the Illinois EPA’s offices at 1021 North

Grand Avenue East, Springfield, Illinois, during regular business hours (Monday through Friday, 8:30 

a.m. until 4:30 p.m., except for State holidays). Requests and public inquiries should be directed to Kent 

Mohr at the Illinois EPA, 1021 North Grand Ave East, P.O. Box 19276, Springfield, Illinois 62794-9276, 

telephone number (217)782-5544 or TDD (217) 782-9143. 

The hearings will be held under the provisions of the Illinois EPA’s “Procedures for Information and 

Quasi-Legislative Public Hearings” (35 Ill. Adm. Code 164). Any questions about the hearing 

procedures, requests for copies of the hearing rules, or requests for special need interpreters should be 

directed to Dean Studer, Agency Hearing Officer at the address below. Requests for special needs 

interpreters must be made by October 28, 2011. 

The Hearing Record will close on December 15, 2011. In additional to oral comments made at the 

hearings, written comments will also be accepted. Written comments need not be notarized and must be 

postmarked by midnight December 15, 2011. Written comments should be mailed to Dean Studer, 

Hearing Officer, Illinois EPA, 1021 North Grand Ave East, P.O. Box 19276, Springfield, Illinois 62794-

9276, telephone number (217) 558-8280 or TDD (217) 782-9143. 
IL.LINOIS PRESS AD-VERTIS-ING SERVICE 

---

4!SSOCIATION ...,.....,_,..tlrw;lt1- 900 Community Drive • Springfield, IL 62703 

217-241-1700 • FAX I 217-241-1701 

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To: Brad Frost 

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Springfield, IL 62794 

E.P.A. Air Permits (600-100- Account: /10 - 13-11 ) 

0023 - Chicago, Sun-Times Media/Sun Times . 

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ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

Notice of Public Comment Period and Public Hearing on 

Proposed Amendments to the Vehicle Inspection and 

Maintenance Program Rules 

The Illinois Environmental Protection Agency (Illinois EPA), 

Division of Mobile Source Programs, will hold public hearings on 

November 17,2011 at 1:30pm in Room 2-025attheJamesR. Thompson 

Center, 1 OOW. Randolph Street, Chicago Illinois and November30, 2011 at 

1:30pm in the Regional Room atthe Illinois DepartmentofTransportation, 

District 8, 1102 Eastport Plaza Drive, Collins~ille, Illinois to accept 

comments on proposed changes to the Procedures To Be Followed In 

The Performance Of Inspections Of Motor Vehicle Emissions. 35 Ill, Adm. 

Code 276. 

The proposal would amend the State of Illinois regulation 35 Ill. Adm. 

Code Part 276 to reflect an amendment to the Vehicle Emissions 

Inspection Law of 2005 (VEIL of 2005) (625 ILCS 5/13C) (P.A. 97-01 06). 

The amendments propose a sunset of the steady-state idle exhaust 

and evaporative system integrity inspection test procedures, test 

equipment specifications, and equipment maintenance and calibration 

requirements as of February 1, 2012. Also, the proposed amendments 

add visual inspection test procedures beginning February 1, 2012, 

and a definition of "visual inspection test." In addition, the proposed 

amendments reflect the correction made by P.A. 97-0106 to the VEIL 

of 2005 regarding vehicles located and primarily used outside of the 

affected counties and in other jurisdictions where vehicle emissions 

tests are not required. 

Copies of this proposal may be viewed by the pub I ic prior to the hearing on 

the Illinois EPA's website at http://www.epa.state.il.us/public-notices/ or 

at the Illinois EPA's offices at 1 021 North Grand Avenue East, Springfield, 

Illinois, during regular business hours (Monday through Friday, 8:30a.m. 

until4:30 p.m., except for State holidays). RequeSts and public inquiries 

.should be directed to Kent Mohr at the Illinois EPA, 1021 North 

Grand Ave East, P.O. Box 19276, Springfield, Illinois 627g.t.9276, 

telephone number (217)782-5544 or TOO (217) 782-9143. •• 

The hearings will be held under the proviSions of the Illinois EPA's 

"Procedures for Information and Quasi-Legislative Public Hearings" (35 

Ill. Adm. Code 164 ). Any questions about the hearing procedures, requests 

for copies of the hearing rules, or requests for special need interpreters 

should be directed to Dean Studer, Agency Hearing Officer at the address 

below. Requests for special needs interpreters must be made by 

October 28, 2011. 

The Hearing Record will close on December 15, 2011. In additional 

to oral comments made at the hearings, written comments will also 

be accepted. Written comments need not be notarized and must be 

postmarked by midnight December 15, 2011. Written comments should 

be mailed to Dean Studer, Hearing Officer, Illinois EPA, 1 021 North 

Grand Ave East, P.O. Box 19276, Springfield, Illinois 62794-9276, 

telephone number (217) 558-8280 or TDD (217) 782-9143. 

SUBSCRIBE AT SUNTIMES.COM 
C,ll 618-233 0052 For Mo•e lnfunn,•:"·m 

VJ'I/\' W bcfa~rground~.net 

-- -

Notice of Public CommenlPeriOd and Public 

Hearing on Proposed Amendments o lhe Vehicle 

Inspection and Maintenance Program Rules 

The l inois Environl'llMtall'ro<ectioo Agency (llinois EPA), Oirision of Mobile 

Soun:e Programs, will hold ·puOIH: hearings oo November 17. 2011 at 

1:30pmin Aoom2-025 at the James A. Thompson Centtr,100W. f\andolph 

Stteet 1 and November 30,2011 at1:30 pm in. the Regjooal 

. of Tnnspoltatiori, Dlstr1ct 8, 11 02 

- I. ~f'!ll~.Dii•t Goliill.I!Ji.lle. ll!i ~~,w;IC,.,!ll cerr.meots-nruilt9~d 

ever; 

OPEN 9AM TO 6PM EVERYDAY! RELLEICE'S FARM HAS FUll FOR AlL AGUI 

CORN MAZE P1N TilE I'IIMI'ICIII RID£ 

OWS MAZE TilE IIAUNTED BARil I<RAZY-It'ORN PAlACE BOUNCY RIDES 

PYRAMID $UDE CIMIIG CHICKEN ROU!R 

CAMEL RIDES COASnR 

HAI'RtOES ClOWN$ 

PElTING ZOO I'IIMI'ION rAJNTlNG · PONY RIDES SAND ART BARREL TRAIN RIDES- AND SO MUCH loiORfl 

TRAil RIDES FREE A/HI/SSI(}f( AIIP 

PAINTlN41 FREE fH/l10M 

OE 

to the Procedures To Be Followed Ill The Performance Ollnspec1ions 01 

Mot<lf Vehicle Emissions, 35 •· Adm. Code 276. 

The proposal would amend the State of Hlino!s regulation 35111.Adm. Code 

Part 276 to reflec1 an amendment to the Vehicle Emissio"" Inspection Law 

of 2005 (VEIL of 2005) (6251LCS 5113C) (PA 97-0106). The amendments 

propose a sunset ol the steady-state idle exhaust and evapo~ati~~e system 

integrity klspectim test procedures, ~ equipment specifications, and 

O(luipment maintenance and calibratioo requirements as or Febfua<y 1, 

2012. Also, the proposed amendmentsadd>isualinspectimtest procedures 

beginning february 1, 2012, and a definnioo of "visual inspectim ~-" In 

addition, the proposed amendments rellec1the correction made by P.A. 

97-0105 Ill lite VEIL or 2005 reganling vehides loca1ed and primarily used 

outside ol the affected coonties and in other jtJfisdietlon& where vehide 

emissions tests are not required. 

Copi's ol this proposal may be viewed by the public prior Ill the 

hearing on the Illinois EPA's website at http://www.epa.state.il.us/ 

public-notices/ or at the Illinois EPA's offic8s ot 1021 North Grand 

Avenue East, Springfield, Illinois, during regulill business hours (Monday 

through f-riday, {1:30 a.m. unta 4:30 p.m .• exc;ept for State holidays}. 

Requests and public inquiries should be directed to 1Cen1 Mohr at the 

llinois EPA, 1021 No1h Grand Ave East, P.O. Box 19276, Springfield, 

Ulinois 62794-9276, telephone number (217)782-5544 or 100 (217) 

782-9143. 

The hearilgs wift be held under the provisions of the Illinois EPA's 

"Procedures for lntamation and Quasi-legislative PubfiC Hearings" 

(35 Ill. Adm. Code 164). koy questions about the hearing llfOCedures. 

requests lor copies of the heating rule.s. or requests fur special noed 

inte<preters should be directed to Oean SIIJder. Agency Hearing Officer at 

tho address below. Requests for special needs in1erpreters must be made 

by Oc:1Cber 28, 2011, 

The Hearing Record will dose on December !5, 2o1Un ad<fitional to oral 

oomments made at the hearings. writttn comments will also be accepted. 

Written commen1s need not be notarized and must be postmall<l!d by 

midnight December 15. 201 1. Written comments should be mailed to Dean 

SIIJder. Hearing Officer, lllill(ls EPA, 1021 North Grand A .. East. P.O. Box 

19276, Springfield,llinois 62794-9276, telephone number (217] 558-8280 

or TOO (217) 782-9143. 

Attachment 93

JCAR Memorandum requesting

Agency Economic and Budgetary Effects Analysis 

dated October 28, 2011 

CO-CHAIR: 

SEN. MAGGIE CROTTY 

CO-CHAIR: 

REP. ANGELO "SKIP" SAVIANO 

SEN. PAMELA ALTHOFF 

SEN. DON HARMON 

SEN. JOHN 0. JONES 

SEN. DALE RIGHTER 

SEN. IRA SILVERSTEIN 

REP. GREGORY HARRIS 

EXECUTIVE DIRECTOR: REP. LOU LANG 

VICKI THOMAS 

TO: 

FROM: 

DATE: 

RE: 

700 STRATTON BUILDING 

SPRINGFIELD, ILLINOIS 62706 

217/785-2254 

MEMORANDUM 

John Kim, Inte1im Director 

Environmental Protection Agency 

Vicki Thomas 

Executive Director 

10/28/2011 

REP. DONALD MOFFITT 

REP ROSEMARY MULLIGAN 

REP. ANDRE THAPEDI 

Procedures to be Followed in the Performance of Inspections of Motor Vehicle 

Emissions (35 Ill. Adm. Code 276) 

35 Ill. Reg. 16918- 10/21111 

Pursuant to Section 5-40(c) of the Administrative Procedure Act, JCAR is requesting from your 

agency an analysis of the economic and budgetary effects of the above-referenced rulemaking. 

The analysis can be completed using the standard JCAR economic impact fom1 and can be 

transmitted to JCAR as soon as it is ready, but at least by the time the agency submits its Second 

Notice on this rulemaking. 

JCAR staff will contact you if they need any fmiher economic information not covered b y your 

submission of the fonn. The information from the economic and budgetary analysis will be 

presented to the members of JCAR as part of the staffs review of this issue. 

Thank you for your cooperation. If you have any questions regarding this request, please contact 

us at 2171785-2254. 

VT:DC:rm 

cc: Kent Mohr Rt:-c~~~?..2i.::·:~ . ~\i JI ..... u 

Division of Lega\ Counse\ 

OCT 3 1 2fJH 

Environmental Protection 

Agency 

Attachment 94

Record of hearing

held November 17, 2011

(Pages 1-2, 20; full transcript omitted) 

·i;,., 

Page 1 

ILLINOIS ENVIROMENTAL PROTECTION AGENCY 

IN THE MATTER OF: 

PROCEDURES TO BE FOLLOWED 

IN THE PERFORMANCE OF 

INSPECTIONS OF MOTOR VEHICLE 

EMISSIONS, 35 ILL. ADM. CODE 

PART 276 

(RulemakingAir 

REPORT OF THE PROCEEDINGS held in the 

above entitled cause before Hearing Officer Dean 

Studer, called by the Illinois Enviromental 

Protection Agency, taken by Steven Brickey, CSR, 

for the State of Illinois, 100 West Randolph Street, 

Chicago,Illinois, on the 17th day of November, 2011, 

c ommencing at the hour of 1:00 p.m. 

L.A . COURT REPORTERS, LLC. (312) 419-9292 
1 A P P E A R A N C E S 

2 

MR. DEAN STUDER, Hearing Officer 

3 MR. KENT MOHR 

MR. STEPHEN THORPE 

4 MR. MICHAEL HILLS 

5 

6 

REPORTED BY: 

7 

Steven J. Brickey, CSR 

8 CSR License No. 084-004675 

9 

10 

1 1 

12 

13 

14 

15 

16 

1 7 

18 

1 9 

2 0 

21 

22 

23 

Page 2 

2 4 L.A. COURT REPORTERS , LLC. {312) 419-9292 
Page 20 

1 STATE OF ILLINOIS 

2 ss. 

3 COUNTY OF COOK 

4 

5 I, Steven Brickey, Certified Shorthand 

6 Reporter, do hereby certify that I reported in 

7 shorthand the proceedings had at the trial 

8 aforesaid, and that the foregoing is a true, 

9 complete and correct transcript of the proceedings 

10 of said trial as appears from my stenographic 

11 notes so taken and transcribed under my personal 

12 direction. 

13 Witness my official signature in and for 

14 Cook County, Illinois, on this ,{~ ?... day of 

15 /Yo ,; ,(__,rv'lh.~n A.D., 2010. 

16 

17 

18 

19 

20 

21 

22 

23 

24 

STEVEN BRICK Y, CSR 

8 West Monroe Street 

Suite 2007 

Chicago, Illinois 60603 

Phone: (312) 419-9292 

CSR No. 084-004675 

L.A. COURT REPORTERS, LLC. (312) 419-9292 

Attachment 95

Record of hearing

held November 30, 2011

(Pages 1-2, 8; full transcript omitted) 

;.,-

\ 

J>UBLIC HEARING 11130/2011 

Page 1 

1 

2 

3 

4 IN RE : AMENDMENTS TO VEHICLE INSPEC'riONS 

5 ILLINOIS El'-JVIRONMENTAL PROTECTION AGENCY 

6 

7 

8 

9 

10 PUBLIC HEARING 

11 No vember 30 , 2011 

12 

13 PUBLIC HEARING , taken on November 30, 2 0 11 , at Illinois 

14 Department of Transportat ion, 1100 Eastport Plaza Drive, 

1 5 Collinsvil l e, Illinois 62234 , before ASHLEY C. HIGH , RPR , CSR 

16 (IL) and Notary Public , wi thin and for t he State of Missouri , 

17 in regard to Amendments to Vehicl e Inspecti on . 

18 

19 

20 

21 

22 

2 3 

2 4 

25 

www .midwestlitigation.com 

OR\GINAL 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

I-'UllLlC HJ:!:AKlNl; 11/30/2011 

A P P E A R A N C E S 

FOR THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY : 

DEAN S'I'UDER, Hearing Officer 

ILLINOIS ENVIRONMENTAL PRO'I'ECTION AGENCY 

1021 North Grand Avenue East 

Spri ngfield, IL 62794-9276 

(2 17) 558-8280 

KENT E. MOHR, JR., ESQ. 

ILLINOIS El\TVIRONMENTAL PROTECTION AGENCY 

1021 North Grand Avenue East 

Springfield, IL 62794 - 9276 

( 217) 782-5544 

MICHAEL HILLS, Technical Servi ces 

I LLINOIS ENVIRONMENTAL PROTEC'riON AGENCY 

1021 North Grand Avenue East 

Springfield, IL 62794-9276 

(217) 785-7449 

Page 2 

STEPHEN W. THORPE, Manager, Compl i ance Assurance 

ILLINOIS ENviRONMENTAL PROTECTION AGENCY 

1 021 North Grand Avenue East 

Springfield, IL 62794 -9 276 

(2 1 7 ) 524 - 5607 

COURT REPORTER: 

ASHLEY C. HIGH, RPR, CSR( IL)#084 - 004666 

MIDWEST LITIGATION SERVICES 

711 North Eleventh Street 

31- Louis, MO 63101 

(3 14) 644 - 2191 

(800) 280 - 3376 

www .midwestlitiga tion.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 
; 

' 

PUBLIC HEARING 11/30/2011 

Page 8 

1 CERTIFICATE OF REPORTER 

2 

3 STATE OF MISSOURI 

4 ss . 

5 CITY OF ST . LOUIS 

6 

7 I , Ashley ·c . High , a Certified Shorthand Report er (IL) , 

8 Registered Professional Reporter· , and a Notary Public within 

9 and for the State of Missouri, do hereby certify that the 

10 meeting aforementioned was held on the time and in the place 

11 previously described . 

12 

13 IN lilliTNESS WHEHEOF . I have hereunto set my hand and seaJ. . 

14 

15 

16 

17 

18 

19 

20 Notary Publ ic within and for 

21 the State of Missouri 

22 

23 My commission e x pires April 22, 2012 . 

24 

25 

www .midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 

Attachment 96

Exhibit List from the Hearings 

x Exhibit 1 – Notice of Hearings (Omitted, see Att. 4) 

x Exhibit 2A – Notice of Proposed Amendments (Omitted, see Att. 

2)

x Exhibit 2B – Proposed Amendments (Omitted, see Att. 4) 

x Exhibit 3 – Public Comment dated November 4, 2011 and Agency 

Response dated November 7, 2011 

x Exhibit 4 – Testimony of Michael Hills

Exhibit 

No. 

Exhibit list for Proposed Amendments to Part 276, The 

Performance of Inspections of Motor Vehicle Emissions 

November 171 20111 1:30 p.m. 

Room 2-025 

James R. Thompson Building 

100 West Randolph Street, Chicago 

November 30, 20111 1:30 p.m. 

Regional Room 

Illinois DOT District 8 

1102 Eastport Plaza Drive, Collinsville 

No. of 

Document Name Pages 

----- ···----~-------··---·--------- -------·- Notice of Public Comment Period and Public Hearing 2 

Notice of Proposed Amendments, Procedures To Be Followed In The Performance of Inspections Of Motor 3 

Vehicle Emissions as pubiished in the Illinois Register 

Notice of Proposed Amendments, Procedures To Be Followed In The Performance of Inspections Of Motor 13 

Vehicle Emissions-Full text of amendments as published in the Illinois Register 

3 E-mail from Lisa Pierce, President, Alpha and Omega Delivery, Inc, dated November 4, 2011 and IEPA response 3 

Testimony for 35 Ill. Adm. Code 276 Agency Hearing from Mike Hill 3 

Record Closes on December 15, 2011 
Studert Dean 

From: 

Sent: 

To: 

Subject: 

Attachments: 

DeanMohr, Kent 

Monday, November 21, 2011 2:55PM 

Studer, Dean 

Comment re Part 276 rulemaking 

Vehicle Inspections; Vehicle Inspections 

As we discussed at hearing, please see the attached comment and our response for your files. 

Kent E. Ml}hdr., Esq. 

As;s,i~flmt (MIHil~, mvis.f:Oil of legnl (QUfiS·f!l 

m~nmts tn•ttrorHnetallll Pro!edlon AgetlCf 

1021 t~or!h Gmnd Aveue E11s.t, HI. hx nno S~r~n~!hlld, UfitHlt~ ~2794 

iel,, 217.Hl25544l/ fnx: 217.132.9307 

E-mnn, kentmohr@.HiiJlGi~ .. go'l 

This e-mail and its contents may be a confidential attorney-client, attorney work product and/or pre-decisional FOIA-exempt document intended 

solely for the use of the individual(s) to whom it is addressed. If you are not an/the intended recipient and have received this e-mail in error, 

please be advised that any use, forwarding, printing or copying of this e-mail is prohibited. 

1 
Studer, Dean 

From: Lisa RPierce@aol. com 

Sent: 

To: 

Friday, November 04, 2011 11:06 AM 

Mohr, Kent 

Subject: Vehicle Inspections 

The Environmental Protection Agency proposed amendments that will impact businesses that own vehicles 

required to undergo vehicle emission inspections: 

The Environmental Protection Agency proposed amendments to rules titled "Procedures to be Followed in the 

Performance of Inspections of Motor Vehicle Emissions" (35 Ill. Adm. Code 276; 35 Ill. Reg. 16918) that implement Public 

Act 97-106. Steady-state idle exhaust and evaporative system integrity inspection tests are repealed. Pre-2007 heavyduty vehicles with a gross vehicle weight rating (GVWR) between 8,501 and 14,000 pounds and any heavy-duty vehicles 

with a GVWR greater than 14,000 pounds are exempted from testing requirements, and a visual inspection test is added 

as a substitute for the on-board diagnostic (OBD) test for vehicles that cannot be tested due to their design or with known 

OBD software or communication problems. 

Bottom Line: The Illinois Environmental Protection Agency's (Illinois EPA) proposal amends Part 276 to reflect an 

amendment to the Vehicle Emissions Inspection Law of 2005 (VEIL of 2005) [625 ILCS 5/13C] (P.A. 97-106). Public Act 

97-106 amends the VEIL of 2005 by repealing the steady-state idle exhaust and evaporative system integrity inspection 

tests. These inspection tests were substituted for the on-board diagnostic (OBD) test for heavy-duty vehicles not required 

to be equipped with OBD systems meeting federal OBD II specifications and certain vehicles that could not receive the 

OBD test due to their design or with known OBD communication or software problems. P.A. 97-106 exempts pre-2007 

heavy-duty 

vehicles with a gross vehicle weight rating (GVWR) between 8,501 and 14,000 pounds and any heavy-duty vehicles with 

a GVWR greater than 14,000 pounds from the requirement to be tested. These heavy-duty vehicles are not all required to 

be equipped with OBD systems meeting federal OBD II specifications. Also, P.A. 97-106 adds a visual inspection test as a 

new substitute for the OBD test for vehicles that cannot receive the OBD test due to their design or with known OBD 

communication or software 

problems. In addition, it revises the definition of "malfunction indicator lamp" and "OBD system". Finally, it corrects an 

error with respect to the exemption for vehicles located and primarily used outside of the affected counties and in other 

jurisdictions where vehicle emissions tests are not required. This exemption applies to vehicles that are located and 

primarily used outside of the affected counties and in other jurisdictions where vehicle emissions tests are not required. 

P .A. 97-106 is effective February 1, 

What does this actually mean for me? 

Lisa R Pierce 

President 

Alpha & Omega Delivery, Inc. 

217-544-9433 

1 
Studer, Dean 

From: 

Sent: 

To: 

Cc: 

Subject: 

Dear Ms. Pierce. 

Thorpe, Steve 

Monday, November 07, 2011 10:52 AM 

LisaRPierce@aol.com 

Hills, Mike; Mohr, Kent; Demeroukas, Chris 

Vehicle Inspections 

Thank you for your inquiry about the amended rules concerning Heavy Duty gasoline powered vehicles. 

The amended rule and law takes effect on February 1, 2012. At that time the following vehicles registered in an 

emissions testing area in Illinois will no longer be required to be tested for emissions: 

1. Any Heavy Duty gasoline powered Vehicle with a Gross Vehicle Weight Rating greater than 14, 000 lbs. 

2. Any pre-2007 model year Heavy Duty gasoline powered vehicle with a Gross Vehicle Weight Rating between 

8,5011bs and 14,000lbs. 

Since all your vehicles are registered in Springfield, your vehicles would not be effected, since Springfield is not in an 

emissions testing area in Illinois. 

Thank you, if you have any further questions, please contact me. 

Stephen W. Thorpe 

Manager Compliance Assurance 

Illinois Environmental Protection Agency 

Vehicle Emissions Test Program 

steve.thorpe@illinois.gov 

217-524-5607 -office 

217-280-0991- cell 

217-524-4192- Fax 

1 
276 Testimony MSH_final_ v2.docx 

Testimony for 35 Ill. Adm. Code 276 Agency Hearing 

My name is Michael Hills and I am an engineer with the Technical Services Section of the 

Illinois Vehicle Inspection and Maintenance Program (Iflvl Program) at the Illinois 

Environmental Protection Agency (Agency). Today we are presenting proposed amendments to 

35 lllinois Administrative Code Part 276 which outlines the procedures used in Illinois for 

vehicle emissions inspections. These amendments will update the test procedures and 

compliance requirements to correspond with the current Vehicle Emissions Inspection Law as 

amended by the Illinojs General Assembly in July 201 1. 

ELIMINAilON OF STEADY -STATE IDLE MODE EXHAUST AND EV APOE.A.IJ.YJ~, 

TESTS (STEADY-STATE IDLE/GAS CAP) AND EXEMPTION OF HEAYY-DUTY 

VEHICLES 

As Mr. Studer stated previously, the Illinois General Assembly amended the Vehicle Emissions 

Inspection Law of2005 (VEIL of2005) through Illinois Public Act (P.A.) 97-0106, which 

repeals the steady-state idle and gas cap emissions tests effective February 1, 2012. Therefore, 

the Agency will be prohibited from using these tests after January 31, 2012. The vast majority of 

vehicles subject to these tests are pre-2007 model year heavy duty vehicles between 8,501 and 

14,000 pound gross vehicle weight rating (GVWR) and all heavy-duty vehicles with GVWR 

greater than 14,000 pounds as they were not required to be equipped with on-board diagnostics 

(OBD). Therefore, the Illinois General Assembly has exempted these vehicles from the 

emissions test requirement in Illinois. This rulemaking implements P.A. 97-0106 by proposing to 

sunset the steady-state idle and gas cap test procedures. The decision to eliminate these tests was 

based on modeling projections showing negligible emission reduction benefits, a declining 

subject vehicle fleet, and significant long-term costs for continued use of these test procedures. 

Currently, less than 3% of the vehicle tests in IIIinois are steady-state idle exhaust/gas cap tests. 

In addition, starting with the 2007 model year, heavy-duty vehicles with a GVWR of less than 

14,000 are required to be equipped with OBD technology, and will receive the OBD test instead 

of the steady~state idle/gas cap tests. As a result, the projected number of steady-state idle 

exhaust/gas cap tests conducted in illinois is expected to fall to less than 1% by 2015. 1be 

steady-state idle exhaust/gas cap tests are no longer economically reasonable in the Illinois I/M 

Program given the additional capital and operating costs when only I% of the fleet will be 

subject to this type of testing. 

Modeling projections of the expected Illinois fleet for 2012 show that approximately 90% of the 

volatile organic compound (VOC) reductions would come from OBD equipped vehicles. In 

addition, the loss in VOC reductions wlll be 0.00 tons per day for the projected calendar year 

range of 2012 through 2020 in both the Chicago and Metro-East non~ attainment areas. Given the 

fact that the steady-state idle exhaust/gas cap tests are only used on pre-2007 model year, nonOBD equipped vehicles (a small and diminishing portion of the vehicles subject to testing in the 

future), are not required by federal law or regulations where the OBD test is utilized, and that the 

cost was significantly higher than OBD testing, the Illinois General Assembly decided it was 
technically feasible and economically reasonable to eliminate the requirement for any steadystate idle exhaust/gas cap testing in the Illinois I/M Program. 

The main change that this rulemaking proposes to make to implement P.A. 97-0106 is to sunset 

a!l procedures, test equipment specifications, and equipment maintenance and calibration 

requirements related to the steady-state id1e and gas cap tests (276.203, 276.204, 276.205, 

276.502, 276.503, 276.504, 276.601, 276.602, and 276.603) contained in 35 Ill. Adm. Code 276, 

begi1ming February 1, 2012. 

AO_DITTON OF VISUAL INSPECTIQN_TEST PROCEDURES (35 ILL. ADM. CODE 

276./lQJ 

The addition of the visual inspection test is necessary to handle certain vehicles thafa.re equipped 

with OBD technology, but for which OBD testing is not possible due to the vehicle's design. The 

new visual inspection test created and allowed by P .A. 97-0106, will provide motorists with the 

same flexibility they received through the steady-state idle and gas cap tests in the current 

Illinois IIM Program. Specifically, the visual inspection test will be used only on vehicles for 

which OBD testing is not possible due to the vehicle's originally certified design or its design as 

modified in accordance with federal law and regulations, and on any vehicle with known OBD 

communications or software problems, as determined by the Agency. Without this fallback test 

procedure, these vehicles would not be able to pass an OBD test and the motorist would have no 

means of correcting the problem and renewing the vehicle's registration. Not having tllis test 

would result in an undue burden on the motorist. 

The Agency will make the determination as to which vehicles are eligible for the visual 

inspection test and will develop a list of such vehicles. Any vehicle that does not appear on this 

list will not be eligible for the visual inspection test and will need to comply with the full OBD 

inspection. 

In order to pass the visual inspection, the malfunction indicator lamp (MIL) must illuminate 

during the key-on/engine off check and not illuminate during the key-on/engine on check. As a 

result, the Agency is proposing in 35 Ill. Adm. Code Part 240, the Illinois Pollution Control 

Board's inspection and maintenance emissions test standards, that vehicles shall fail the visual 

inspection if the MIL does not illuminate in the key-on/engine o±T position or continuously 

illuminates in the key-on/engine on position. 

TI1e visual inspection test procedure is based on long-standing practice within the I/M 

community and federal law. The "key-on/engine off' check verifies that the MIL bulb is 

f1.mctioning properly. Without a properly functioning bulb, the motorist would never be alerted 

when the OBD system detects potential problems with the vehicle's emissions control 

equipment. The "key-on/engine on" check verifies that there are no fault codes stored on the 

vehicle's OBD system which would require the illumination of the MIL. The OBD system stores 

fault codes whenever it detects possible problems with the vehicle's emissions control 

equipment, and are used by repair technicians to help identify areas to focus on during repairs. 

2 
The addition of the visual inspection procedure will not require any ne\V test equipment and 

therefore will not incur any additional costs to the State or motorists. 

CLARIFICATION OF "OUTSIDE OF AFFECTED COUNTIES ANNUAL EXEMPTION 

REQUIREMENTS" 

35 Ill. Adm. Code 276.405 is being corrected to correspond with the amendment made through 

P.A. 97-0106 to Section 5/13C-15(b)(9) of the VEIL OF 2005. Specifically, tmder 35 Ill. Adm. 

Code 276.405, persons whose vehicles are registered in Illinois testing areas (such as the 

Chicago metropolitan or Bi-State Metro East areas), but primarily operate their vehicles outside 

of the Illinois testing areas and in areas that do not require emissions testing are entitled to an 

annual exemption from the emissions testing requirement. This was the original intent of this 

exemption. However, the current wording of this exemption results in an unintended loophole 

that would provide the annual exemption for a vehicle that is primarily operated outside the 

Illinois testing areas but within an area that requires emissions testing. lf the vehicle is registered 

in an Illinois testing area and is primarily operated outside of the Illinois testing areas, but in an 

area that requires emissions testing, it stili must be tested under the provisions specified in 3 5 Ill. 

Adm. Code Part 276, Subpart K- Reciprocity with other Jurisdictions. Therefore, thls change 

would clarify the original intent and close the unintended loophole. This change accomplishes 

this clarification by using the term "and" instead of"or." 

CONCLUSION 

In summary, with this rulemaking the Agency is updating the vehicle emissions test procedures 

contained in 35 Ill. Adm. Code 276 to correspond with the VEIL of2005 as amended by the 

Illinois General Assembly through P.A. 97-0106. These changes will allow the State of Illinois 

to continue to meet the CAA liM requirement with a modernized and streamlined 1/M Program. 

3 

Attachment 97

Agency’s Second Notice package sent to JCAR 

dated December 20, 2011 

I LLII'IVl,:) Li'l V 11"\V&'I IVIC.I'I 11-\L r KU It:.\.. IIUI'J 1-\\.Jt:.I'JL Y 

1021 NORTH GRAND AVENUE EAST, P.O. BOX 19276, SPRINGFIELD, ILLINOIS 62794-9276 • ( 217) 782-3397 

PAT QUINN, GOVERNOR JOHN J. KIM, INTERIM DIRECTOR 

217/782-5544 

December 20, 20 11 

Vicki Thomas, Executive Director 

Joint Committee on Administrative Rules 

700 Stratton Building 

Springfield, Illinois 62706 

RE: Second Notice- Proposed Amendments to 35 Ill. Adm. Code Part 276 (Procedures To 

Be Followed In The Performance Of Inspections Of Motor Vehicle Emissions) 

Dear Ms. Thomas: 

The Illinois Environmental Protection Agency is submitting Second Notice of its proposed rule 

for the Procedures To Be Followed In The Performance Oflnspections Of Motor Vehicle 

· Emissions, 35 Ill. Adm. Code 276. Enclosed is the Second Notice document, including 

enclosures. 

If you have any questions or need any additional information, please contact me at 782-5544. 

Sincerely, 

ent E. Mohr Jr., Assistant Counsel 

Division of Legal Counsel 

Enclosures 

4302 N. Main Sr., Rockford, IL 6! 1Cl3 (815)987 -7760 

595 S. Slate, Elgin, IL 60123 (8.47)608-3 \31 

2125 S. Firs! Sr., c..,ampoign, ll 61820 {217)278-5800 

2009 Mall St, Collinsville, IL62234 (618)346-5120 

PLEASE PRINT ON RECYCLED PAPER 

9511 Horrisor. St., Des Plaines, ll 60016 (847)294-4000 

5407 N. Universily Sf., Arbor 113, Pe orlo, IL61614 (309)693-5462 

2309 W. Main Sf., Suite 116, Marion, IL62959 (618)993-7200 

I 00 W. Randolph, Soile I 1-300, O'icogo, ll 6060 I (312)814-6026 
1) 

2) 

3) 

4) 

5) 

6) 

7) 

ENVIRONMENTAL PROTECTION 

SECOND 

AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

Name of agency: Illinois Environmental Protection Agency (IEP A) 

Title and citation of the proposed Rules: Procedures To Be Followed In The 

Performance Of Inspections Of Motor Vehicle Emissions; 3 5 Ill. Adm. Code 276 

Date. issue and page number of the Illinois Register in which the First Notice W'!§ 

published: October 21,2011, Issue 43, Page 

Text and 

16918 

location of changes made during the First Notice period: None 

Response to any recommendations made by the Administrative Code Division.;. The 

IEP A did not receive any substantive recommendations from the Administrative Code 

Division. 

Whether the rulemaking includes an incorporation by reference. the location in tM 

rulemaking of the incorporation. and a copy of the cover page of the material and t_M 

specific material incorporated: No 

Final Regulatory Flexibility Analysis: 

a) Summary of the issues raised bv small businesses during the First Notice periillt 

Lisa R. Pierce, President, Alpha & Omega Delivery, Inc. asked whether the 

proposed amendments had any impact on her business. The IEP A responded by 

indicating that her vehicles were not subject to this rule. 

b) A description of actions taken on any alternatives suggested by small 

busine~ 

during the First Notice period: No alternatives were suggested. 

8) Methods used to comply with the small business, not for profit corporation and small 

municipality requirements of 5 ILCS 100/5-30 and 1 lAC 220.285: This rulemaking is 

expected to impact small businesses, small municipalities, and not for profit corporations 

to the extent that if these entities own vehicles located in one of the two ozone nonattainment areas of Illinois and are subject to the emissions inspection requirement, these 

entities will need to have their vehicles tested. However, this is an existing requirement 

of the Vehicle Emissions Inspection Law of2005 (VEIL of 2005) (625 ILCS 5/13C). 

This proposed rulemaking does not change this requirement. Also, there is no direct cost 

to a vehicle owner for an emissions inspection test. The only cost to a vehicle owner is 

for emission-related repairs due to the failure of an emissions inspection test. As a result 

of the VEIL of 2005's (P .A. 97-01 06) exemption of certain heavy-duty vehicles and 

removal of the corresponding steady-state idle and evaporative system integrity emissions 

inspection tests, this rulemaking proposes to remove these emissions test procedures. 

Consequently, owners of such heavy-duty vehicles are not subject to the emissions test 

requirement nor the possibility of emissions-related repair costs. Also, where owners of 
ENVIRONMENTAL PROTECTION AGENCY 

SECOND NOTICE OF PROPOSED AMENDMENTS 

vehicles could not receive the on-board diagnostic (OBD) test because of the vehicle's 

design or known OBD communication or software problems and had to receive a steadystate idle and evaporative system integrity emissions test, the VEIL of2005 (P.A. 97-

01 06) established a visual inspection test as a new substitute for the OBD test. Thus, this 

rulemaking establishes a new visual inspection test procedure, but this has no new 

implications for a vehicle owner. Therefore, this rulemaking has a positive indirect effect 

on small businesses, small municipalities, and not for profit corporations. 

9) Evaluation of comments received during First Notice: 

a) A list of all persons and organizations making comments on the proposed 

rulemaking: Lisa R. Pierce, President, Alpha & Omega Delivery, Inc. 

A list of specific criticisms, suggestions and comments raised by interested 

persons. and the Agencv's analysis of each ofthese criticisms, suggestions and 

comments: Lisa R. Pierce, President, Alpha & Omega Delivery, Inc. asked 

whether the proposed amendments had any impact on her business. The IEP A 

responded by indicating that her vehicles were not subject to this rule. 

b) Any changes made to the mles bv the Agency as a result of criticisms, 

suggestions and comments made by interested persons: None 

c) The names of all persons or organizations requesting a public hearing and the date 

of anv public hearings held on the proposed rulemaking: The IEPA did not 

receive a request for a public hearing. The IEP A held public hearings on the 

proposed mlemaking on November 17, 2011 , in Chicago, Illinois, and November 

30, 2011, in Collinsville, Il!inois. 

1 0) Justification and rationale for the rulemaking: 

a) Citations to changes in Illinois law that require the rulemaking: This rulemaking 

implements an amendment to the VEIL of2005 (P.A. 97-0106). 

b) An explanation of changes in agency policies and procedures that require the 

rulemaking: None 

c) Citations to federal laws, rules or regulations, or to funding requirements, that 

require the rulemaking: None 

d) Citations and copies of court orders or decisions that require the rulemaking: 

None 

e) A complete explanation of any other reasons for the proposed rulemaking: None 
ENVIRONMENTAL PROTECTION AGENCY 

SECOND NOTICE OF PROPOSED AMENDMENTS 

11) Name, address, phone and fax numbers of Agency's representative who will respond to 

Joint Committee questions: 

Kent E. Mohr Jr. 

Division of Legal Counsel 

Illinois Environmental Protection Agency 

1 021 North Grand A venue East 

P.O. Box 19276 

Springfield, IL 62794-9276 

Tel: 217/782-5544 

Fax: 217/782-9807 

12) If requested by the Joint Committee, a State Mandate Act Questionnaire: N/ A 

13) If requested by the Joint Committee, an analysis of the economic and budgetary effects of 

the proposed rulemaking: Enclosed 

14) Any new or revised forms referenced in the proposed rulemaking if the forms are not 

included within the rulemaking: None 
AGENCY ANALYSIS OF ECONOMIC AND BUDGETARY EFFECTS OF 

PROPOSED RULEMAKING 

Agency: 

Part/Title: 

Illinois Environmental Protection Agency (Illinois EPA) 

Procedures To Be Followed In The Performance Oflnspections Of Motor 

Vehicle Emissions (35 Ill. Adm. Code 276) 

Illinois Register Citation: 35 Ill. Reg. 16918 (October 21, 2011) 

Please attempt to provide as dollar-specific responses as possible and feel free to add any 

relevant narrative explanation. · 

1. Anticipated effect on State expenditures and revenues. 

(a) Current cost to the agency for this program/activity. 

The current fiscal year 2012 cost to the Illinois EPA for implementing the 

Vehicle Emissions Inspection Law of2005 (VEIL of2005) is 

$24,565,900. 

(b) If this rulemaking will result in an increase or decrease in cost, specify the 

fiscal year in which this change will first occur and the dollar amount of 

the effect. FY N/ A 

(c) Indicate the funding source, including Fund and appropriation lines, for 

this program/activity. 

Vehicle Inspection Fund. Appropriation Lines 963-53210-1120-00-00, 

963-53210-1161-00-00, 963-53210-1170-00-00. 963-53210-1180-00-00, 

963-53210-1200-00-00, 963-53210-1290-00-00, 963-53210-1300-00-00, 

963-53? 10-130?-00-00, 963-53210-1500-00-00, 963-53210-1700-00-00, 

963-53210-1800-00-00. 

(d) If an increase or decrease in the costs of another State agency is 

anticipated, specify the fiscal year in which this change will first occur and 

the estimated dollar amount of the effect. FY N/ A $ N/ A ~'-"----

Agency: N/A 

(e) Will this rulemaking have any effect on State revenues or expenditures not 

already indicated above? Specify effects and amounts. --"N-'-o::::.._ ___ _ 

2. Economic effect on persons affected by the rulemaking. 

(a) Indicate the economic effect and specify the persons affected: 

_K_Positive _Negative _K_No effect 

Persons affected: Motorists that have registered non-OBDII equipped 

heavv-duty vehicles (pre-2007 model year vehicles with a gross vehicle 
weight ratin!! between 8,50 1 and 14,000 pounds and all vehicles with a 

gross vehicle wei£ht rating greater than 14,000 pounds). which are subject 

to testing, in one of the two ozone non-anainment areas of Illinois. 

Dollar amount per person: $93.00 Average non-OBDII equipped heavydutv vehicle repair 

Total Statewide cost: $ 453.096 ($93 x 4,872 non-OBDII equipped heavyduty vehicle failures in 20 I 0) 

In addition, there will be no economic effect associated with the new 

visual inspection test because this new test will be a replacement for the 

steadv-state idle exhaust and evaporative system integrity tests for the 

same subset of vehicles - those vehicles where OBD testing is not possible 

due to the ~§hide's design. 

b) If an economic effect is predicted, please briefly describe how the effect 

will occur. (Example: Additional continuing education courses will 

require an expenditure of approximately $100 per year for course fees by 

I 0,000 licensed professionals.) There is no direct charge to the motorist 

for the emissions test in Illinois. The only direct costs to the motorist are 

for repairs to vehicles that fail an emissions test. As a result of 

amendments to the VEIL of2005 which exempted non-OBDII equipped 

heavy-duty vehicles, this rulemaking proposes to remove the emissions 

test associated with this vehicle type. Consequently, motorists owning 

those vehicles would not be subject to the possibility of emissions-related 

repair costs. 

(c) Will the rulemaking have an indirect effect that may result in increased 

administrative costs? Will there be any change in requirements such as 

filing, documentation, reporting or completion of forms? Compare to 

current requirements. There will be no increase in administrative costs as 

a result of this rulemaking. 
Attachment 98

Memo from JCAR accepting Second Notice 

dated December 22, 2011 

ILLINOIS GENERAL ASSEMBLY 

CO-CHAIR: 

SEN. MAGGIE CROTTY 

CO-CHAIR: 

REP. ANGELO "SKIP" SAVIANO 

EXECUTIVE DIRECTOR: 

VICKI THOMAS 

TO: 

FROM: 

DATE: 

700 STRATTON BUILDING 

SPRINGFIELD, ILLINOIS 62706 

217/785-2254 

MEMORANDUM 

John Kim, Interim Director 

Environmental Protection Agency 

Vicki Thomas 

Executive Director 

12/22/11 

SEN. PAMELA ALTHOFF 

SEN. DON HARMON 

SEN. JOHN 0. JONES 

SEN. DALE RIGHTER 

SEN. IRA SILVERSTEIN 

REP GREGORY HARRIS 

REP LOU LANG 

REP. DONALD MOFFITT 

REP ROSEMARY MULLIGAN 

REP. ANDRE THAPEDI 

RE: Procedures to be F ol1owed in the Performance of Inspections of Motor V chicle 

Emissions (35 Ill. Adm. Code 276) 

35 Ill. Reg. 16918- 10/21111 

The Office of the Joint Committee on Administrative Rules has accepted the Second Notice for 

the above-referenced ru1emaking. The Second Notice period began 011 12/22/11 and ends 110 

later than 2/4112, unless extended pursuant to Section 5-40 of the lAP A 

This rulemaking is scheduled to be considered by JCAR at its 1110/12 meeting in Room 600C, 

Michael A Bilandic Building, Chicago, IL, at 11 :00 a.m. Staff will be contacting you if they 

have questions conceming this rulemaking and will advise you of any change in time or location 

of the Committee meeting. 

Please contact us if you have any questions regarding the JCAR review procedure. 

VT:DC:rm 

cc: Kent Mohr 

Adm. Code Div. 

RECEIVED 

Division of Legal Counsel 

\;t.C 2 3 201l 

Environmental Protection 

Agency 

Attachment 99

JCAR’s Certification of No Objection 

dated January 10, 2012 

CO-CHAIR: 

SEN. MAGGIE CROTTY 

CO-CHAIR: 

REP. ANGELO "SKIP" SAVIANO 

EXECUTIVE DIRECTOR: 

VICKI THOMAS 

John Kim, Interim Director 

Environmental Protection Agency 

1 02 1 N. Grand Ave. East 

PO Box 19276 

Springfield IL 62794-9276 

Dear Interim Director Kim: 

ILLINOIS 

--

GENERAL 

.... ·-- ~·-...-

ASSEMBLY ..... ..., • •w....~ ._.Jill, ~ Aa.v ....... ~u 

~ 

700 STRATTON BUILDING 

SPRINGFIELD, ILLINOIS 62706 

217/785·2254 

January 10, 2012 

SEN. PAMELA ALTHOFF~ SEN. DON HARMON 

SEN. JOHN 0 . JONES 

SEN. DALE RIGHTER 

SEN. IRA SILVERSTEIN 

REP. GREGORY HARRIS 

REP. LOU LANG 

REP. DONALD MOFFITT 

REP. ROSEMARY MULLIGAN 

REP. ANDRE THAPEDI 

RECEIVED IN 

JAN 1 7 2012 

THE OFFICE OF THE DIRECTOR 

This is to notify you that JCAR considered the following proposed rulemaking at its 1/10112 

meeting: 

Procedures to be Followed in the Performance of Inspections of Motor Vehicle Emissions 

(35 Ill. Adm. Code 276) 

35 Ill. Reg. 16918- 10/21/ 11 

If your agency has agreed to any substantive modifications during its discussions with JCAR, 

they are described in the Agreements attached to the certification. Based on these Agreements, 

as well as the other responses you have provided the Committee during the review of this 

rulemaking, JCAR has determined that No Objection will be issued. Enclosed you will find 

formal certi tication of this action. 

The rulemaking may now be adopted upon filing with the Office of the Secretary of State. 

Please note that the fact that the Committee has not objected to this rulemaking does not 

necessarily constitute approval, expressed or implied, of the substance of the rulemaking. 

Thank you for the cooperation your agency has shown during our review of these issues. 

Sincerely, 

Senator 

~~ Maggie Crotty 

Co-Chairman 

SMC:RBH:DC:rm 

cc: · Kent Mohr 

En c. 

~~ 

Re r entativ ge o 

t/"Skip" 

~ 

Saviano 

Co-Chairman 
CO-CHAIR: 

SEN. MAGGIE CROTTY 

CO-CHAIR: 

REP. ANGELO "SKIP" SAVIANO 

EXECUTIVE DIRECTOR: 

VICKI THOMAS 

ILLINOIS GENERAL ASSEMBLY 

700 STRATION BUILDING 

SPRINGFIELD, ILLINOIS 62706 

211n as-2254 

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

CERTIFICATION OF NO OBJECTION 

TO PROPOSED RULEMAK.ING 

SEN. PAMELA ALTHOFF 

SEN. DON HARMON 

SEN. JOHN 0. JONES 

SEN. DALE RIGHTER 

SEN. IRA SILVERSTEIN 

REP. GREGORY HARRIS 

REP. LOU LANG 

REP. DONALD MOFFITI 

REP. ROSEMARY MULLIGAN 

REP. ANDRE THAPEDI 

This is to certify that the Joint Committee on Administrative Rules, at its 1/10/12 meeting, 

considered Procedures to be Followed in the Performance of Inspections of Motor Vehicle 

Emissions (35 Ill. Adm. Code 276), proposed by the Enviromnental Protection Agency and 

published in the 10/21/11 issue of the I11inois Register. After consideration, and based upon the 

Agreements, if any, for modification of the rulemaking made by the agency and attached to this 

document, the Committee determined that no Objection will be issued to the above-mentioned 

rulemaking. 

January 10,2012 

Attachments: None 

Vicki Thomas 

Executive Director 
Attachment 100

Notice of Adopted Amendments 

filed and effective January 30, 2012 

Illinois Register publication 

36 Ill. Reg. 2257 

February 10, 2012 

2012 

R E G I S T E R ~~~:r~~ental Agencies 

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-

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Volume 36, Issue 6 

February 10, 2012 

~ Pages 1820-2407 

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-

-

--

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--

-- Index Department 

Administrative Code Division 

111 E. Monroe St. 

Springfield, IL 62756 

217-782-7017 

Printed by authority of the State of Illinois. February 2012- 75 

PUBLISHED BY JESSE WHITE· SECRETARY OF STATE 

ILLINOIS REGISTER 2257 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

1) I-leading of the Part: Procedures to Be Followed in the Performance of Inspections of 

Motor Vehicle Emissions 

2) Code Citation: 35 Ill. Adm. Code 276 

3) Section Numbers: 

276.102 

276.105 

276.201 

276.210 

276.405 

Adopted Action: 

Amended 

New 

Amended 

New 

Amended 

4) Statutory Authority: Section 13C-10 and 13C-20 of the Vehicle Emissions Inspection 

Law of2005 [6251LCS 5/13C-10 and 13C-20] 

5) Effective Date of Amendments: January 30, 2012 

6) Does this rulemaking contain an automatic repeal date? No 

7) Does this rulemaking contain incorporations by reference? No 

8) A copy of the adopted amendments, including any material incorporated by reference, are 

on file in the Illinois Environmental Protection Agency's principal office and are 

available for public inspection. 

9) Notice of Proposal Published in the Illinois Register: October 21, 2011; 35 Ill. Reg. 

16918 

1 0) Has JCAR issued a Statement of Objection to this rulemaking? No 

11) Difference between proposal and final version: None 

12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the 

agreements issued by JCAR? No agreements were necessary. 

13) Will this rulemaking replace any emergency rulemaking currently in effect? No 

14) Are there any amendments pending on this Part? No 
ILLINOIS REGISTER 2258 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

15) Summary and Purpose ofRulemaking: The Illinois Environmental Protection Agency's 

(Illinois EPA) amendments to Part 276 reflect an amendment to the Vehicle Emissions 

Inspection Law of2005 (VEIL of2005) (625 ILCS 5/13C) (Public Act 97-106). PA 97-

106 amends the VEIL of 2005 by repealing the steady-state idle exhaust and evaporative 

system integrity inspection tests. In addition, it exempts pre-2007 heavy-duty vehicles 

with a gross vehicle weight rating (GVWR) between 8,501 and 14,000 pounds and any 

heavy-duty vehicles with a GVWR greater than 14,000 pounds from the requirement to 

be tested. Also, P A 97-106 adds a visual inspection test as a new substitute for the onboard diagnostic (OBD) test for vehicles that cannot receive the OBD test due to their 

design or with known OBD communication or software problems. Further, it revises the 

definition of"malfunction indicator lamp" and "OBD system." Finally, PA 97-106 

corrects an error with respect to the exemption for vehicles located and primarily used 

outside of the affected counties and in other jurisdictions where vehicle emissions tests 

are not required. 

The Illinois EPA's amendments to Part 276 sunset the steady-state idle exhaust and 

evaporative system integrity inspection test procedures, test equipment specifications, 

and equipment maintenance and calibration requirements as of February 1, 2012. Also, 

the amendments add visual inspection test procedures beginning February 1, 2012, and a 

definition of "visual inspection test." In addition, the amendments reflect the correction 

made by P A 97-106 to the VEIL of 2005 regarding vehicles located and primarily used 

outside of the affected counties and in other jurisdictions where vehicle emissions tests 

are not required. 

16) Information and questions regarding the adopted amendments shall be directed to: 

Kent E. Mohr Jr., Assistant Counsel 

Illinois Environmental Protection Agency 

1021 North Grand Avenue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

217/782-5544 

The full text of the Adopted Amendments begin on the next page: 
Section 

276.101 

276.102 

276.103 

276.104 

276.105 

Section 

276.201 

276.202 

276.203 

276.204 

276.205 

276.206 

276.207 

276.208 

276.209 

276.210 

Section 

276.301 

276.302 

276.303 

276.304 

276.305 

ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY 

PART276 

PROCEDURES TO BE FOLLOWED IN THE PERFORMANCE 

OF INSPECTIONS OF MOTOR VEHICLE EMISSIONS 

SUBPART A: GENERAL PROVISIONS 

Purpose and Applicability 

Definitions 

Abbreviations 

Incorporations by Reference 

Sunset Provisions 

SUBPART B: VEHICLE EMISSIONS INSPECTION PROCEDURES 

General Description of Vehicle Emissions Inspection Procedures 

Pollutants to be Tested- Exhaust Test 

Dilution- Steady-State Idle Exhaust Test 

Steady-State Idle Exhaust Emissions Test Procedures 

Evaporative System Integrity Test Procedures 

Engine and Fuel Type Modifications 

Transient Loaded Mode Exhaust Emissions Test Procedures (Repealed) 

On-Road Remote Sensing Test Procedures 

On-Board Diagnostic Test Procedures 

Visual Inspection ·rest Procedures 

SUBPART C: EMISSIONS COMPLIANCE CERTIFICATE 

General Requirements 

Determination of Affected Counties 

Emissions Compliance Certificate Design and Content 

Initial Emissions Inspection Stickers or Certificates (Repealed) 

Exempt Emissions Inspection Stickers or Certificates (Repealed) 

2259 

12 
276.306 

276.307 

276.308 

276.309 

276.310 

276.311 

276.312 

ILLINOIS REGISTER 2260 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

Renewal Emissions Inspection Stickers or Certificates (Repealed) 

Temporary Emissions Inspection Stickers or Certificates (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 of Assigned Test Month (Repealed) 

Economic Hardship Extension Stickers or Certificates (Repealed) 

SUBPART D: WAIVER, ECONOMIC HARDSHIP EXTENSION, AND OUTSIDE 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 

Waiver Requirements 

Low Emissions Tuneups (Repealed) 

Denial or Issuance of Waiver 

Economic Hardship Extension Requirements 

Outside of Affected Counties Annual Exemption Requirements 

SUBPART E: TEST EQUIPMENT SPECIFICATIONS 

General Requirements 

Steady-State Idle Exhaust Test Analysis Systems Functional Requirements 

Steady-State Idle 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 Sensing Test Systems Functional 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 Test Equipment Calibration 

Evaporative System Integrity Test Maintenance and Calibration 
276.604 

276.605 

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 

ILLINOIS REGISTER 2261 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

Record Keeping 

Transient Loaded Mode Test Equipment Maintenance and Calibration (Repealed) 

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 of Agency's Determination 

SUBPART 1: NOTICES 

General Requirements 

Vehicle Emissions Test Notice 

Warning Notice (Repealed) 

Second Warning Notice (Repealed) 

SUBPART J: RECIPROCITY WITH OTHER JURISDICTIONS 

Requirements for Vehicles Registered in Affected 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 PERFORMAi~CE REPORTING 
ILLINOIS REGISTER 2262 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

276.1101 Requirements for Collecting and Reporting Data Pertaining to the Repair of 

Vehicles that Failed or Were Rejected from an Emissions Inspection 

276.TABLEA 

276.TABLEB 

Transient Driving Cycle (Repealed) 

Fast-Pass Speed Variation Limits Using Positive Kinetic Energy (PKE) 

Measurements (Repealed) 

AUTHORrTY: Implementing the Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C] 

and authorized by Sections 13C-1 0 and 13C-20 of the Vehicle Emissions Inspection Law of 

2005 [625 ILCS 5/13C-1 0 and 13C-20]. 

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 35 Ill. Reg. 11268, effective June 28, 2011; amended at 36 Ill. Reg. 2257, 

effective January 30, 2012. 

SUBPART A: GENERAL PROVISIONS 

Section 276.102 Definitions 

a) Except as hereinafter stated and unless a different meaning of a term is clear from 

its context, the definitions of terms used in this Part shall be the same as those 

used in the Environmental Protection Act [ 415 ILCS 5] and the Vehicle 

Emissions Inspection Law of2005 [625 ILCS 5/13C]. 

b) The fo1Iowing definitions apply to this Part: 

"Accuracy" means the combination of bias and precision errors, 

technically defined as uncertainty, that quantifies the differences between 

a measured and true value. 

"Affected county" means any county or portion thereof, as defined in 

Section 13C-5 of the Vehicle Emissions Inspection Law of2005. 

"Agency" means the Illinois Environmental Protection Agency or its 

designee. 
ILLINOIS REGISTER 2263 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

"Calibration gas" means a gas of known concentration used to establish 

the response curve of the exhaust gas analyzer. 

"Diagnostic trouble code" or "fDTCj" means an alphanumeric code that is 

set in a vehicle's onboard computer when a monitor detects a condition 

likely to indicate the existence of an emission related malfunction of the 

vehicle. 

"Drift" means the amount of change in analyzer reading over a period of 

time. Zero drift refers to the change of zero reading. Span drift refers to a 

change in the reading at a specified span gas calibration point. 

"Economic hardship extension" means a one year extension to the test-by 

date that may be granted to the owners of a vehicle in order for the owners 

to comply with the requirements of the Vehicle Emissions Inspection Law 

of2005. 

"Emissions compliance certificate" means a certificate issued to an owner 

of a vehicle registered in an affected county who successfully complies 

with the Vehicle Emissions Inspection Law of2005 and the requirements 

of this Part. As required by the context, this means an emissions 

compliance certificate, annual exemption certificate or emissions 

inspection certificate. 

"Emission control devices" means those components of a vehicle that were 

designed and are used to control vehicle exhaust and evaporative system 

emissions. For the purpose of this Part, this term refers to components 

with which the vehicle was originally equipped or direct replacements. 

"Evaporative system integrity test" means a test of the fuel cap portion of 

a vehicle's evaporative system, which consists of either a fuel cap leak 

flow test, a fuel cap pressure decay test, or a fuel cap visual functional test, 

as applicable. 

"Exhaust gas analyzer" means a device that has the capability to identify 

unknown concentrations of particular constituents in motor vehicle 

exhaust gases by comparison with known concentrations of analytical 

gases. 
ILLINOIS REGISTER 2264 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

"Fleet inspection permit" means a permit issued to fleet self-testers in 

accordance with Subpart G. 

"Fleet inventory" means those vehicles that have been registered with the 

Agency for the purpose of fleet self-testing and that have been assigned a 

test eligibility date. 

"Fleet vehicle" means any non-exempt vehicle registered with the Agency 

for the purpose of fleet 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 determine 

whether the vehicle complies with the evaporative system emission 

standards of 35 Ill. Adm. Code 240. 

"Fuel cap leak flow tester" or "fuel cap tester" means a device used to 

determine the leak flow integrity of a vehicle's fuel cap by comparing the 

measured leak flow of the 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 determine 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 of a vehicle's fuel cap by monitoring the pressure 

behind the fuel cap for a 10 second period and comparing the measured 

pressure decay of the fuel cap to an established fuel cap pressure decay 

standard. 

"Fuel cap visual functional test" means the test performed in accordance 

with this Part on a vehicle's fuel cap using visual analysis to determine 

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 
ILLINOIS REGISTER 2265 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

offers the full range of emissions inspection services and customer service 

functions, including waiver inspections. 

"HC hangup" means hydrocarbons that cling to the surface of the analyzer 

gas sampling stream causing errors in hydrocarbon readings. 

"High idle" means a vehicle operating condition with engine disconnected 

from an external load (placed in either neutral or park) and operating at a 

speed of 2500 ±300 RPM. 

"Household income" means the gross income of all household members, 

except wage or salary income earned by dependent minors under 18 years 

of age. A head of household and his or her 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 other indirect 

income such as utility allowances. 

"Idle mode" means that portion of a vehicle emission test procedure 

conducted with the engine disconnected from an external load and 

operating at minimum throttle. 

"Initial idle mode" means the first of up 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. 

"Low income" means the household income during the preceding 12 

month period was not more than 150 percent of the latest available poverty 

guidelines established by the U.S. Department of Health and Human 

Services for the contiguous United States and the District of Columbia. 

"Malfunction indicator light" or "MIL" means the light found on the 

dashboard of OBD-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 display the 

phrase "Check Engine" or "Service Engine Soon". The word "Powertrain" 

may be substituted for "Engine". Alternatively, the ISO engine symbol 

may be substituted. 
ILLINOIS REGISTER 2266 

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ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

"National Institute of Standards and Technology gas" or "NIST gas" 

means a standard gas maintained or made available by the National 

Institute of Standards and Technology for the purpose of determining the 

accuracy of calibration gases. 

"Non-exempt vehicle" means any vehicle subject to emission inspections, 

regardless of whether the vehicle is in a certified configuration, under the 

Vehicle Emissions Inspection Law of2005. 

"Non-fleet vehicle" means any non-exempt vehicle except for vehicles 

registered with the Agency for the purpose of fleet 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 readiness code" means a status flag stored by a 

vehicle's onboard computer that indicates whether a given monitor has 

been run (i.e., whether the component or system in question has been 

checked to determine if it is functioning properly). 

"On-board diagnostic test" means the electronic retrieval of stored 

readiness status, diagnostic trouble codes, and MIL illumination status 

from a vehicle's OBD system to determine if any emission related trouble 

codes are present and if the MIL is commanded to be on, which would 

indicate the existence of an emission related malfunction with the vehicle. 

"On-road remote sensing test" means the observation, measurement, and 

recording of vehicle exhaust emission concentrations of hydrocarbons 

(HC), carbon monoxide (CO), and carbon dioxide (C02) present in each 

in-use vehicle while traveling on roadways or in specified areas by 

equipment that is not connected to the vehicle. 

"Preconditioning mode" means a period of steady-state 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. 
ILLINOIS REGISTER 2267 

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ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

"Private official inspection station" means a vehicle emission inspection 

facility operated by a registered owner or lessee of 15 or more non-exempt 

fleet vehicles. 

"Recognized repair 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. 

"Second-chance idle mode" means the second of two 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 of known concentrations that is used to check or 

adjust the analyzerresponse characteristics to those determined by the 

calibration gases. 

"Steady-state idle test" means a vehicle emission test procedure consisting 

of an initial idle mode measurement of exhaust emissions followed, if 

necessary, by a high idle preconditioning mode and a second-chance idle 

mode. 

"Test-by date" or "TBD" means the date by which 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 of the vehicle's purchase anniversary month or, if not available, 

the month the vehicle was added to the Illinois Secretary of State's 

registration database. 

"Test cycle" means the two-year period between a vehicle's test eligibility 

dates. 

"Test eligibility date" or "TED" means the first day of the third month 

prior to the vehicle's TBD. 

"Vehicle emissions test notice" means a notice sent by the Agency to the 

owners of a vehicle informing the owners of the need to comply with the 

requirements of the Vehicle Emissions Inspection Law of 2005. 
ILLINOIS REGISTER 2268 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

"Vehicle inspection report" means a report issued to the motorist 

indicating the results of an emission inspection or waiver determination. 

"Visual functional test" means a visual examination of a vehicle's fuel cap 

for any readily apparent wear, tampering, or defects that would prevent the 

fuel cap from operating properly. 

"Visual inspection test" means a visual examination of a vehicle's MIL 

consisting of verifying the siatus ofthe MIL in key on/engine off position 

followed by verifying the status of the MIL in the key on/engine on 

position to determine the status of the MIL and existence of an emission 

related malfunction with the vehicle. 

"Waiver" means a suspension of the requirement that a non-exempt 

vehicle comply with test standards after two or more attempts to do so, as 

provided for in this Part. 

"Waiver inspection" means an inspection conducted by a waiver inspector 

to determine waiver eligibility. 

"Waiver inspector" means a person authorized by the Agency to conduct 

waiver inspections and to approve or disapprove applications for a waiver. 

(Source: Amended at 36 Ill. Reg. 2257, effective January 30, 20 12) 

Section 276.105 Sunset Provisions 

.Sections 276.203. 276.204, 276.205. 276.502.276.503. 276.504, 276.601, 276.602 and 276.603 

of this Part shall not applv after January 31, 2012. 

(Source: Added at 36 Ill. Reg. 2257, effective January 30, 2012) 

SUBPART B: VEHICLE EMISSIONS INSPECTION PROCEDURES 

Section 276.201 General Description of Vehicle Emissions Inspection Procedures 

Compliance with steady-state idle, evaporative system integrity, OBD, visual ins12ection, and onroad sensing test standards contained in 35 Ill. Adm. Code 240 shall be determined by use oftest 
ILLINOIS REGISTER 2269 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

procedures and other requirements as applicable, as set forth in this Part, and shall be performed 

to the extent practicable. The test procedure applicable to each non-exempt vehicle shall be 

based on the model year and vehicle type as supplied by the manufacturer. If this information is 

not available from the manufacturer, the model year and vehicle type shall be based on 

registration informationas supplied by the Illinois Secretary of State. 

(Source: Amended at 36 Ill. Reg. 2257, effective January 30, 2012) 

Section 276.210 Visual Inspection Test Procedures 

£.) Applicability 

Beginning February l, 2012. the visual inspection test may be substituted for the 

OBD test for those vehicles identified in Section 13C-25(h) of the Vehicle 

Emissions Inspection Law of 2005. The visual inspection test consists of a twopart test. The first part of the visual inspection test consists of a visual 

examination of the MIL in the key-on/engine off position. The se~ond part of the 

visual inspection test consists of a visual examination of the MIL in the key 

pn/engin.e on positiqn. The visual inspection test shall be performed in 

accordance with subsections (b) and (c) of this Section. 

hl Test Procedures 

ll Key on/engine off 

The key on/engine offtest starts with the ignition in the key off/engine off 

position. The il2nition shall then be turned to the key on/engine off 

position. The inspector shall observe whether the MIL is illuminated . 

.0 Key on/engine on 

The key on/engine on test starts with the ignition in the key on/engine off 

position. l 'he ignition shall then be turned to the key on/engine on 

position. The inspector shall observe whether the MIL is continuously 

illuminated.:. 

0 Pass/Fail Determination 

A pass or fail determination is made for each part of the visual inspection test 

identified in subsection (b) based on a comparison of the test results to the visual 

jnspection t~st standards contained in 35 Ill. Adm. Code 240.202. 

(Source: Added at 36 Ill. Reg. 2257, effective January 30, 2012) 
ILLlNOIS REGISTER 2270 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

SUBPART D: WAIVER, ECONOMIC HARDSHIP EXTENSION, AND OUTSIDE OF 

AFFECTED COUNTIES ANNUAL EXEMPTION REQUIREMENTS 

Section 276.405 Outside of Affected Counties Annual Exemption Requirements 

a) The owner of a vehicle that is located and being primarily operated outside of the 

affected counties and;-tW in other jurisdictions in which vehicle emission 

inspections are not required, may be issued a one year emissions compliance 

certificate allowing the motorist to renew the registration without having an 

emissions inspection. Written proof of the vehicle's location must be provided by 

one of the following: 

1) Tax bill; 

2) Utility bill; 

3) Tuition bill; 

4) Storage receipt; 

5) Military orders; or 

6) Other written proof deemed acceptable by the Agency. 

b) Vehicles obtaining a one year emissions compliance certificate under this Section 

will be subject to inspection by the next TBD unless the motorist complies with 

subsection (a) of this Section. 

c) A vehicle owner who is currently in the military and deployed outside the affected 

counties may be issued a one year emissions compliance certificate under this 

Section if written proof as specified in subsection Section 276.4 05(a)(5) or (a)(6) 

is provided. 

(Source: Amended at36 Ill. Reg. 2257, effective January 30, 2012) 
Attachment 101

Notice of Public Comment Period 

and Public Hearing for Illinois Vehicle Emissions 

Inspection and Maintenance Program State 

Implementation Plan (SIP) Submittal

Illinois Register publication 

Vol. 36, Issue 40, pgs. 14890-14891 

Illinois Ozone SIP Revision - Vehicle Emissions Inspection and Maintenance (I/M) Program: Attachments Page - 3127

ILLINOIS 

REGISTER RULES 

OF GOVERNMENTAL 

AGENCIES 

PUBLISHED BY JESSE WHITE • SECRETARY OF STATE 

Index Department

Administrative Code Division

111 E. Monroe St.

Springfield, IL 62756

217-782-7017

www.cyberdriveillinois.com

Printed on recycled paper 

Illinois Ozone SIP Revision - Vehicle Emissions Inspection and Maintenance (I/M) Program: Attachments Page - 3129

Volume 36, Issue 40

October 5, 2012

Pages 14536-14927

2012

Rules of

Governmental Agencies

Index Department

Administrative Code Division

111 E. Monroe St.

Springfield, IL 62756

217-782-7017

Printed by authority of the State of Illinois. October 2012 — 75
 i 

TABLE OF CONTENTS

 October 5, 2012 Volume 36, Issue 40

PROPOSED RULES

CORRECTIONS, DEPARTMENT OF 

Impact Incarceration Program 

 20 Ill. Adm. Code 460.......................................................................14536 

Rights and Privileges 

 20 Ill. Adm. Code 525.......................................................................14540 

HUMAN SERVICES, DEPARTMENT OF 

Definition of Terms 

 89 Ill. Adm. Code 751.......................................................................14546 

Special Education Program and Services 

 89 Ill. Adm. Code 765.......................................................................14553 

Identification, Evaluation, and Placement of Students 

 89 Ill. Adm. Code 795.......................................................................14572 

NATURAL RESOURCES, DEPARTMENT OF 

The Taking of Wild Turkeys í Spring Season 

 17 Ill. Adm. Code 710.......................................................................14585 

POLLUTION CONTROL BOARD 

Special Waste Hauling 

 35 Ill. Adm. Code 809.......................................................................14600 

PUBLIC HEALTH, DEPARTMENT OF 

Physical Fitness Facility Medical Emergency Preparedness Code 

 77 Ill. Adm. Code 527.......................................................................14608 

STATE BOARD OF EDUCATION 

Standards for All Illinois Teachers 

 23 Ill. Adm. Code 24.........................................................................14615 

ADOPTED RULES

AGRICULTURE, DEPARTMENT OF 

Meat and Poultry Inspection Act 

 8 Ill. Adm. Code 125........................................................................14664 

Motor Fuel and Petroleum Standards Act 

 8 Ill. Adm. Code 850........................................................................14685 

FINANCIAL AND PROFESSIONAL REGULATION, DEPARTMENT OF 

Illinois Public Accounting Act 

 68 Ill. Adm. Code 1420....................................................................14689 

NATURAL RESOURCES, DEPARTMENT OF 

Cock Pheasant, Hungarian Partridge, Bobwhite Quail, and Rabbit Hunting 

 17 Ill. Adm. Code 530......................................................................14704 

OFFICE OF THE ATTORNEY GENERAL 

Domestic Violence Grants 

 89 Ill. Adm. Code 1110....................................................................14733 

SECRETARY OF STATE 

Illinois Ozone SIP Revision - Vehicle Emissions Inspection and Maintenance (I/M) Program: Attachments Page - 3130
 ii 

Certificates of Title, Registration of Vehicles 

 92 Ill. Adm. Code 1010....................................................................14745 

Issuance of Licenses 

 92 Ill. Adm. Code 1030....................................................................14755 

STATE BOARD OF EDUCATION 

Contested Cases and Other Formal Hearings (Repealer) 

 23 Ill. Adm. Code 475......................................................................14769 

Contested Cases and Other Formal Hearings (New Part) 

 23 Ill. Adm. Code 475......................................................................14771 

Appeal Proceedings before the State Teacher Certification Board (Repealer) 

 23 Ill. Adm. Code 485......................................................................14799 

Charter Schools 

 23 Ill. Adm. Code 650......................................................................14801 

EMERGENCY RULES

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF 

Medical Payment (Effective Through June 30, 2013) 

 89 Ill. Adm. Code 140......................................................................14820 

Hospital Services (Effective Through June 30, 2013) 

 89 Ill. Adm. Code 148......................................................................14851 

NOTICE OF MODIFICATION TO MEET THE OBJECTION OF THE JOINT 

COMMITTEE ON ADMINISTRATIVE RULES 

COMMERCE COMMISSION, ILLINOIS 

Obligations of Retail Electric Suppliers 

 83 Ill. Adm. Code 412......................................................................14881 

NOTICE OF EXPEDITED CORRECTION

CHIEF PROCUREMENT OFFICER FOR DEPARTMENT OF TRANSPORTATION 

Chief Procurement Officer for the Department of Transportation - Contract 

Procurement 

 44 Ill. Adm. Code 6..........................................................................14883 

OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS 

REGISTER

ENVIRONMENTAL PROTECTION AGENCY 

Notice of Public Information...................................................................14890 

SECOND NOTICES RECEIVED

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

Second Notices Received.........................................................................14892 

EXECUTIVE ORDERS AND PROCLAMATIONS

EXECUTIVE ORDERS 

Executive Order Establishing An Open Operating Standard For Illinois: Using 

Information Technology To Promote Transparency, Efficiency and Savings 

 2012-3...............................................................................................14894 

PROCLAMATIONS 

Filipino American History Month (Revised) 

 2012-240...........................................................................................14902 

Illinois Olympian Day 

Illinois Ozone SIP Revision - Vehicle Emissions Inspection and Maintenance (I/M) Program: Attachments Page - 3131
 ILLINOIS REGISTER 14890

 12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PUBLIC INFORMATION 

The Illinois Environmental Protection Agency (Illinois EPA), Division of Mobile Source 

Programs, Bureau of Air, is accepting public comments on proposed revisions to its State 

Implementation Plan (SIP) for ozone relating to the Vehicle Emissions Inspection and 

Maintenance program (I/M program). 

The Illinois EPA will accept written public comments on the proposed SIP revision. The written 

comments must be postmarked by November 5, 2012, unless a Public Hearing is requested. All 

requests for a public hearing must actually be received by the Illinois EPA no later than 

November 5, 2012. Comments and requests for hearing should be mailed to: 

Dean Studer, Hearing Officer 

Illinois EPA 

1021 North Grand Avenue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

Telephone: 217/558-8280 or TDD: 217/782-9143 

If a timely request for a Public Hearing is received by November 5, 2012, a hearing will be held 

on November 13, 2012, at 9:30 a.m. in the Chestnut Room at the Illinois EPA's Headquarters at 

1021 North Grand Avenue East, Springfield, Illinois, to receive comments regarding the 

proposed SIP revision. If a Public Hearing is conducted, the written public comment period will 

be extended to December 13, 2012. 

The Public Hearing will be cancelled unless a written request for a Public Hearing is 

received by the Illinois EPA by U.S. Mail, carrier mail, or hand delivered by November 5, 

2012. Verification or cancellation of the Public Hearing will be posted on November 8, 2012 on 

Illinois EPA's website at: http://www.epa.state.il.us/public-notices/. 

Copies of this proposed SIP revision may be viewed by the public on the Illinois EPA's website 

at http://www.epa.state.il.us/public-notices/ or during regular business hours (Monday through 

Friday, 8:30 a.m. until 4:30 p.m., except for State holidays) at the following Illinois EPA offices: 

1021 North Grand Avenue East, Springfield, Illinois; 831 Busse Road, Elk Grove Village, 

Illinois; or 2009 Mall Street, Collinsville, Illinois. No walk-in requests for copies of this material 

will be accommodated unless advance notice is provided. Requests and public inquiries, 

including verification or cancellation of the Public Hearing, should be directed to Dean Studer, 

the Illinois EPA's Hearing Officer, at the address and phone number listed above. 

If a hearing request is received, the hearing will be held in accordance with the provisions of the 

Illinois EPA's "Procedures for Information and Quasi-Legislative Public Hearings", set forth at 

Illinois Ozone SIP Revision - Vehicle Emissions Inspection and Maintenance (I/M) Program: Attachments Page - 3132
 ILLINOIS REGISTER 14891

 12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PUBLIC INFORMATION 

35 Ill. Adm. Code 164. Any questions about the hearing procedures, requests for copies of the 

hearing rules, or requests for special need interpreters should be directed to the Hearing Officer 

at the address above. Requests for special needs interpreters must be made by November 5, 2012. 

The Illinois EPA will submit the proposed SIP revision to the United States 

Environmental Protection Agency (U.S. EPA) as a revision to its SIP for ozone to meet 

requirements of the federal Clean Air Act (CAA). This Notice is intended to satisfy the 

requirements of Section 110(l) of the CAA (42 U.S.C. 7401(l)) (public notice for SIP 

submittals). 

 

Pursuant to the CAA, the State of Illinois is required to have an I/M program. The State of 

Illinois implements this requirement through a Vehicle Emissions Inspection Law and 

regulations at 35 Ill. Adm. Code 240 and 276. The State of Illinois has made changes to 

its I/M program through the Vehicle Emissions Inspection Law of 2005 (625 ILCS 

5/13C) and the implementing regulations referenced above. Therefore, the State of 

Illinois is required to submit such changes to the U.S.EPA as a revision to its SIP for 

ozone. Principally, these changes relate to on-board diagnostic testing, enforcement and 

exempting pre-1996 vehicles from the requirement to obtain a vehicle emissions 

inspection test. 

Illinois Ozone SIP Revision - Vehicle Emissions Inspection and Maintenance (I/M) Program: Attachments Page - 3133
Illinois Ozone SIP Revision - Vehicle Emissions Inspection and Maintenance (I/M) Program: Attachments Page - 3134
Attachment 102

Notice of Cancellation of Public Hearing 

Nov. 8, 2012 

Illinois EPA webpage publication 

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