# 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 ILCS5/13C) (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 af fected 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 andin 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

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 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 af fected 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 dateof 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

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 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 toperform 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 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 Section 276.101 Purpose and Applicability 276.102 Definitions 276.103 Abbreviations 276.104 Incorporations by Reference 276.105Sunset 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 276.210Visual 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)

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 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 Stickersor 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

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 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 inAffected Counties and Located in Other Jurisdictions Requiring Vehicle Emissions Inspection 276.1002 Requirements for Vehicles Registered inOther Jurisdictions Requiring Vehicle

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 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.

### 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 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

### 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 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'sfuel 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

### 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 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

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 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 iscommanded 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.

### 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 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 modetest, 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.

### 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 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 ____________________)

### 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, asset 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 vehicletype 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 bythe 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 VehicleEmissions 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 thevisual 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

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 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 locatedand 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.

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS 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 ofthe Illinois Register, dated 10/21/2011. PROPOSED RULES Pro cedures To Be Followed in The Performance Oflnspections OfMotor Vehicle Emissions 35 Ill. Adm. Code 27 6 16918 Point ofContact: Kent Mohr 

### If you ha ve any questions, you may contact the Administrative Code Division at 

### (217) 7 82- 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 ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOSED AMENDME N TS 1) Heading ofthe Part: Procedures To Be Followed In The Performance Ofin spections Of Motor Vehicle Emissions 2) Cod e 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 ofthe Vehicle Emissions Inspection Law of2005 [625 ILCS 5/ 13C-10 and 13C-20]. 5) A Complete Description ofthe 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 I06). 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 te sted
. 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 th e 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 RECE IVE D 

## OCT 5 lOU

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AME:NTIMENTS evaporative system integrity inspection test procedures, test equipment specificati ons, 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 rulemaking: 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 Avenue 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 ofLegal Counsel Illinois Environmental Protection Agency 1021 North Grand Avenue 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 ofthe Proposed Amendment(s) begins on the next page:

### Section 276 .1 01 276 .1 02 276.103

. 276.104 276 .10 5

Section 276.201 276.202 276.203 276.204 276.205 276.206 276.207 276.208 276
. 209 276.2 10

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 PAR T 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 ofVehicle Emissions Inspection Procedures Pollutants to be Tested

- Exhaust Test Dilution- Steady

- State Idle Exhaust Test Steady-State Idle Exhaust Emissions Test Procedures Evaporat ive 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 Requiremen ts Detetmination ofAffected 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 Pos session (Repea led) Change ofAssigned Test Month (Repealed) Economic Hardship Extension Stickers or Certificates (Repealed) SUBPART D: WAIVER) ECONOMIC HARDSHIP EXTENSION, AND OUTSIDE OF AFFECTED COUNTIES ANNUAL EXEMPTION REQUIREME NTS 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 ofAffected 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'JVIRONMENTAL PROTECTION AGENCY

NOTICE OF PROPOS ED AMENDMENTS Steady-State Idle Test Equipment Calibration Evapora tive 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 Calibra tion On-Board Diagno stic 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
Gene ral Requir ements Procedure for Filing Grievance Agency Investigation Review ofAgency's Determination SUBPART I: NOTICES
Genera l 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 Jurisdict ions 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 ofterms 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 ofbias 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 ofthe 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 ofknown concentration used to establish the response curve ofthe 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 ofthe vehicle. "Drift" means the amount ofchange in analyzer reading over a period of time. Zero drift refers to the change ofzero reading. Span drift refers to a change in the reading at a specified span gas calibration point. "Economic hardship extension" means a one year extension to the test-by date that may be granted to the owners ofa vehicle in order for the owners to comply with the requirements ofthe 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 ofthis 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 ofthis Part, this term refers to components with which the vehicle was originally equipped or direct replacements. "Evaporative system integrity test" means a test ofthe 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 ofparticular 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 inventor y" 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 offleet self -testing. "Fuel cap" mea ns 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 ofthe fuel cap with an established fuel cap leak flow standard. "Fuel cap pressure decay test" means the test performed in accordance with this Part on a vehicle's fuel cap using a fuel cap pressure decay tester to 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 ofthe 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 ofthe 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 ofhousehold 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 ofup to two idle mode sampling periods during a steady-state idle mode test, during which exhaust emission measurements are made with the vehicle in "as-received" condition. "Low income" means the household income during the preceding 12 month period was not more than 150 percent ofthe latest available poverty guidelines established by the U.S. Department ofHealth and Human Services for the contiguous United States and the District 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 ofcalibration gases. "Non-exempt vehicle" means any vehicle subject to emission inspections , regardles s 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 offleet self-testing. "Official inspection station " means a vehicle emission inspection facility operated by the Agency or the Agency's Contractor for the purpose of conducting emission inspections on non-fleet vehicles. "On-board diagnostic 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 ifit 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 ifthe 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 ofvehicle exhaust emission concentrations ofhydrocarbons (HC), carbon monoxide (CO), and carbon dioxide (C02) present in each in-us e vehicle while traveling on roadways or in specified areas by equipment that i s not connected to the vehicle.,. ...- · ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY

N OTICE OF PROPOSED AMENDME N TS "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 ofknown 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 ofthe vehicle's purchase anniversary month or, ifnot 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 1s test eligibility dates.

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDME NTS "Test eligibility date" or "TED" means the first day ofthe 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 ofthe need to comply with the requirements ofthe Vehicle Emissions Inspection Law of 2005. "Vehicle inspection report" means a report issued to the motori st 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 ofverifying the status ofthe MIL in the key-on/engine off position followed by verifying the status ofthe MIL in the key-on/engine on position to determine the status ofthe MIL and existence ofan emission related malfunction with the vehicle. "Waiver" means a suspension ofthe 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, 276.5 04. 276.601, 276.602, and 276.603 ofthis 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 oftest 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. Ifthis 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) ofthe Vehicle Emissions Inspection Law of 2005. The visual inspection test consists of a twopart test. The first part ofthe visual inspection test consists of a visual examination ofthe MIL in the key-on/engine offposition. The second part ofthe visual inspection test consists of a visual examination ofthe MIL in the keyon/engine on position. The visual inspection test shall be performed in accordance with subsections (b) 

### and (c) ofthis Section. 

## hl Test Procedures 

## 12 Key-on/engine off The key-on/engine offtest 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 'vfE NDME NTS illuminated. f} Pass/ Fail Determination A pass or fail determination is made for each part of the visual insp ection test identified in subsection (b) ofthis 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.

___ __ __ , effectiv e

_ __ ___ _ _ _,/ 

### SUBPART D: WAIVER, ECONOMIC HARDSHIP EXTENSION, AND OUTSIDE OF AFFECTED COUNTIES ANNUAL EXEMPTION REQUIREMENTS 

### Section 276.405 Outside ofAffected Counties Annual Exemption Requirements a) The owner of a vehicle that i s located and being primarily operated outside ofthe affected counties and,-er in otherjurisdictions 

### 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 ofthe 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) ofthis 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 certifica te 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.

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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 MotorVehicle 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 ofthis proposal may be viewed by the pub Iic priorto 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. 

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Notice of Public CommenlPeriOd and Pu b lic Hearing on Proposed 

## Amendments

**o** 

## lhe Vehicle

Inspection and Mai n tenance Program Ru les The l inois Environl'llMtall'ro<ectioo Agency (llinois EPA), Oirision of Mobile Soun:e Programs, will hold ·puOIH: hearin g s oo November 17. 2011 at 1:30pmin Aoom2-025 atthe James A

.Thompson Centtr,100W. f\andolph S tteet 1 and Novem b er 30,2011 at1:30 pm in

. the Regjooal

. of Tnnspoltatiori, Dlstr1ct 8, 1 1 02

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-It'ORN PAlACE BOUNCY RIDES PYRAMID $U D E CIMIIGCHI CKEN ROU!R CAMEL R IDES COASnR HAI'Rt O ES ClOWN$ PElTING Z OO I'IIMI'ION rAJNTl N G · PONY R I D ES SAND ART BAR REL TRAIN RID ES- AND SO MUCH loiORfl TRAil RID ES FRE E A/HI/SSI(}f( AIIP PAINTlN41 FRE E fH/l10M OE to the Procedures To Be Foll owed Ill The Performance Ollnspec1ions 01 Mot<lf Vehicle Emissions, 35 •· Adm

. Code 276. The proposal wou ld amend the State of Hlino!s regulation 35111.Ad m. Code Part 2 76 to reflec1 an a m

e n dment to the Vehicle Emissio"" Inspection Law of 2005 (VEIL of 2005) (6251 L CS 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(lui pment maintenance and calibrati oo requirements as or Febfua<y 1 , 20 1 2. Also, the proposed a m

endmentsadd>isualinspectimtest proce d ures begi nning febru ary 1 , 2012, and a definnioo of " visual inspectim

**~-"** In a ddition, 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 hearin g o n the Illinois EPA 's website at h ttp :

//www .epa. state.il.us/ public-notices/ or at the Illinois EPA's offic8s ot 1021 North Grand Avenue E a st, Springfiel d, Illinois, during regulill business hours (Monday th r

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

. Requests a nd public inquiries should be directed to 1Cen1 Mohr a t the llinois EPA, 1021 No1 h Grand Ave East, P.O

. Box 1 9276, Springfield, Ulinois 62794-9276, telephone number (217)782-5544 or 1 00 (217) 782 - 91 43. The hearilgs wift be held under the provisions of the Illinois EPA's
" Procedures for lntamation and Q u asi-legis la tive 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 n oed inte<preters shoul d be di r ected to Oean SIIJder. A g ency Hearing Officer at tho address below. Requ ests for special needs in1erpreters must be made by Oc:1Cber 28, 2011, The Hearing Record will dose on December !5 ,2o1U n ad<fitional to oral oomments made at the hearings. writttn com m ents will also be a ccepted

. W

ritten commen1s need not be notarized and must be postmall<l!d by midnigh t December 15

. 201 1. Written comments should be mailed to Dean SIIJder. Hearing Officer, lllill(ls EPA, 1021 North Grand A

.. E

ast. P.O. Box 19276, Springfield,llinois 62794 -9276, telephone numbe r (217] 558-8280 orTOO (21 7) 782-9143

.

# Attachment 93 JCAR Memorandum requesting Agency Economic and Budgetary Effects Analysis dated October 28, 2011CO-CHAIR: SEN. MAGGIE CROTTY CO-CHAIR: REP. ANGELO "SKIP" SAVIANO SEN. PAMELA A LTH OFF SEN. DON HAR MO N SEN. JOHN 0. JO N ES SEN. DALE RIGHT ER SE N. IRA SILVERSTEIN R EP. GREGORY HARRIS REP. LOU LANG EXECUTIVE DIRECTOR: VICKI THOMAS

TO:

FROM:

DATE: RE: 700 STRATTON BU I LDING SPRINGFIELD, ILLINOIS 62706 217/785-2254 

### MEMORANDUM

John Kim, Inte1im Director Environmental Protection Agency Vicki Thomas Executive Director 10/28/2011 REP. DON A LD M O FFITT REP ROSEMARY MULLIGA N REP. ANDRE TH A PED I

Procedures to be Follow ed in the Performance of Inspections of M otor 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 budgetar y analysis will b e presented to the members ofJCAR 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 -2 254
.
VT:DC:rm cc: Kent Mohr**-c~~~?..2i.::·:~** 

# Rt:
.**~\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 o mmencing at the hour of 1:00 p.m.

L.A
. COURT REPORTERS, LLC. (312) 419-92921 

## 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 RE PORTERS , 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

P age 1 1 2 3 4 IN RE : AMENDMENTS TO VEHICLE INSPEC'riONS 5 ILLINOIS El'-JVI R ONMENTAL PROTECTION AGENCY 6 7 8 9 10 PUB LI C H EARING 1 1 N o vember 30 , 2011 12 13 PUBLIC HEARING , ta ken on November 30, 2 0 11 , at Illinoi s 14 Department of Transporta t ion, 1 100 Eastpor t Plaza Drive, 1 5 Collinsvi l l e, Illinois 62234 , before A S HLEY C
. HIGH , RPR , CSR 16 (IL) and Notary Public , wi thin and for t he State of M is souri , 17 in reg ard to A m

endments to Vehic l e Inspect i on . 18 19 2 0 21 22 2 3 2 4 25

www.midwestlitigation.com 

# OR\GINAL

MIDWEST LITIGATION SERVICES Phone: 1.800.280.3376 Fax: 314.644.13341 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 PROT ECT ION AGENCY : D

EAN S'I'UDER, Hearing Officer ILLINOIS ENVIRONMENTAL PRO'I'ECTION AGENCY 1021 North Grand A venue East Spri ngfield , IL 62794-9276 (2 17) 558-8280
KENT E. MOHR, JR., ESQ. ILLINOIS El\TVIRONMENTAL PROTECT ION AGENCY 10 21 Nor th Grand Avenue East Springfield, IL 62794

- 9276 ( 217) 782-5544
MICHAEL HILLS, Technical Serv i 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 anc e 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, CS R( IL )#084

- 004666 MIDWEST LITIGATION SERVIC ES 7 11 North Eleven th Street 31 - Louis, MO 6310 1 (3 14) 644

- 2191 (800) 280

- 3376

www.midwestlitigation.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
. LOUI S 6 7 I , Ash ley · c . High , a Certified Sho rth and Report er (IL) , 8 Regis tered Professi onal 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 previou sly 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 comm ission 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 HillsExhibit No. 

## Exhibit list 

# for Proposed Amendments to Part 276, 

## The Performance of Inspections of Motor Vehicle Emissions
November 17 1 2011 1 1:30 p.m. Room 2-025 James R. Thompson Building 100 West Randolph Street, Chicago November 30, 2011 1 1:30 p.m. Regional Room Illinois DOT District 8 1102 Eastport Plaza Drive, Collinsville No. of Document Na me Pages



### --- --

**··· ----~-** 

**--- --**  **-··-- -·------** 
**---** -------·- Notice of Public Comment Period and Public Hearing 2 Notice of Prop ose d Amendments, Procedures To Be Followed In The Performance of Inspections Of Motor 3 Vehicle Emissions as pubiished in the Illinois Register Noti ce of Proposed Amendments, Procedures To Be Followed In The Perform ance of Inspections Of Motor 13 Vehicle Emissions-Full text of amendments as published in the Illinois Register 3 E-mail from Li sa 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 Decembe r 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}hd r. , 

### 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 in te nd ed recipient and have received this e-mail i n error, please be advised that any use, fo rward ing, 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, Ken t 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 (V EIL 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 th at could not receive the OBD test due to their design or with known OBD communication or software prob lems. 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 system s 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

1276 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 Ser vices Section of the Illinois Vehicle Inspec tion and Maintenance P rogram (I flvl 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-STAT E 

### 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, 20 12. The vast majority of vehicles subject to these tests are pre-2007 model year heavy du ty 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 sun set the steady-state idle and gas cap test procedures. The decision to elimina te these tests was based on modeling projections showing negligible emission reduction benefits, a d eclining subject vehicle fleet, and significant long -t erm costs for continued use of these test procedures. Currently, less than 3% ofthe vehicle tests in IIIinois are steady-state idle exhaust/gas cap tests. In addition, sta rting 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 ofthe

**steady~sta**
**te** idle/gas cap tests. As a result, the projected number of steady-state idle exha ust/gas cap tests conducted in illinois is expected to fall to less than 1% by 20 15. 1be steady

- state idle ex haust/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 oftesting
. Modeling projections ofthe expected Illinois fleet for 2012 show that approximately 90% ofthe 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 of2012 through 2020 in both the Chicago and Metro-East

**non~**atta inment 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 an d diminishing portion ofthe vehicles subj ect 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 tes ting, the Illinois General Assembly decided 

### it wastechnically feasible and economica l l

y 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 ./l QJ The addition ofthe visual inspection test is nec essary to ha ndle 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 sa

me flexibility they received throug h 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 test ing 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 veh icle with known OBD communications or software problems , as determined by the Agency. Without this fallback test procedure, these v ehicles would not be able to pa ss 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 ofsuch 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 inspecti on, the mal function indicator lamp (MIL ) must illuminat e during the key-on/engine off check and not illuminat e 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 

### i f 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 functionin g 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 vehi cle's OBD sys t em which would require the illumination of the MIL. The OBD system stores fault codes wh enever 

### it detects possible problems 

### w ith the vehicle's emissions control equi pment, and are used by rep air technicians to help identify areas to focus on du r ing repairs.

2The 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 ofthe 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 ofthis exemption. However, the current wording ofthis 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, 2011I LLII'IVl,:) Li'l V 11"\V&'I IVIC.I'I 11-\L 

### r KU It:.\.. IIUI'J 1-\\.Jt:.I'JL Y
1 02 1 NORTH GRAND AVENUE EAST, P.O. BOX 19276, SPRI NGFIEL D, ILLINO IS 62794-9276 • ( 21 7) 782-3397 PAT QUINN, GOVERNOR JOHN J. KIM, INTER I M 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 OfInspections OfMotor Vehicle Emissions) Dear Ms. Thomas: The Illinois Environmental Protection Agency is submitting Second Notice ofits proposed rule for the Procedures To Be Followed In The Performance Oflnspections OfMotor Vehicle

· Emis sions, 35 Ill. A dm. Code 276
. Enclosed is the Second Notice document, including

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

ent E. Mohr Jr. , Assistant Counsel Division ofLegal Counsel Enclosures

4302 N

. Main Sr., Rockford, I L 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)346-5 120 PLEAS E PR INT ON RECYCL ED 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)814-60261) 2) 3) 4) 5)
6)
7) ENVIRONMENTAL PROTECTION AGENCY SECONDNOTICE OF PROPOSED AMENDMENTS Name ofagency: Illinois Environmental Protection Agency (IEP A) Title and citation ofthe proposed Rules: Procedures To Be Followed In The Performance Of Inspections Of MotorVeh i cle Emissions; 3 5 Ill. Adm. Code 276 Date. issue andpage number of the Illinois Register in which the FirstNotice W'!§ published: October 21,2011, Issue 43, Page 16918 Text and location of changes made duringthe First Notice period: None Responseto any recommendations madeby the Administrative Code Division.;. The IEP A did not receive any substantive recommendations from the Administrative Code Div ision. Whether therulemaking includes an incorporation by reference. the location in tM rulemaking ofthe incorporation. and a copy of the cover page of the mater ial and 

### t_M specific material incorporated: No FinalRegulatory Flexibility Analysis: a) Summary ofthe issues raised bv small businesses during the FirstNoticeperiillt Lisa R. Pierce, President, Alpha & OmegaDelivery, I nc. asked whether the proposed amendments had any impact on her business. The IEP A responded by indicatingthat her vehicles were not subjecttothis rule. b) A description of actions taken onany alternatives suggested by small **busine~** during the First Notice period: No alternatives were suggested. 8) Methods used to complywith the small business, not forprofit corporation and small municipal i ty requirements of5 ILCS 100/5

-30 and 1lAC 220.285: Thisrulemaking is expected to impact small businesses, small municipalities, and not forprofitcorporations to the extent that ifthese entities own vehicles located in one of the two ozone nonattainment areas ofIllinois and are subject to the emissions inspection requirement, these entities will need to have their vehicles tested. However, this is an existingrequirement of the Vehicle Emissions Inspection Lawof2005 (VEIL of2005) (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. Theonly cost to a vehicle owner is for emission-relatedrepairs dueto the failure of an emissions inspection test. As a result of the VEIL of2005's (P.A. 97-0106) exemption of certain heavy-duty veh i cles 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 ofsuchheavy-duty vehicles are notsubjectto the emissions test requirement nor thepossibility ofemissions-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 ofthe 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 ofcomments 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, suggestion s and comments raised by interested persons. and the Agencv's analysis ofeach 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 ofcriticisms, 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 IEPA 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 ofchanges 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 ofcourt orders or decisions that require the rulemak ing: 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 ofAgency's representative who will respond to Joint Comm ittee questions: Kent E. Mohr Jr. Division ofLegal Counsel Illinois Environmental Protection Agency 1

021 North Grand Avenue East P.O. Box 19276 Springfield, 

### IL 62794-9276 Tel: 217/782-5544 Fax: 217/782-9807 12) Ifrequested by the Joint Committee, a State Mandate Act Questionnaire: N/A 13) Ifrequested by the Joint Committee, an analysis ofthe economic and budgetary effects of the proposed rulemaking: Enclosed 14) Any new or revised forms referenced in the proposed rulemaking ifthe forms are not included within the rulemaking: None

### AGENCY ANALYSIS OF ECONOMIC AND BUDGETARY EFFECTS OF PROPOS ED RULEMAKING Agency : Part/Title: Illinois Environmental Protection Agency (Illinois EPA) Procedur es To Be Followed In The Performance Oflnspections OfMotor 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 yea r 2012 cost to the Illinois EPA for implemen ting the Vehicle Emissions Inspection Law of2005 (VEIL of2005) is $24,565 ,900. (b) Ifthis 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 est imated dollar amount ofthe effect. FY N/ A $ N/ A

**~'-"----** 

### Agency: N/A (e) Will this rulemaking have any effect on State revenues or expenditures not already indicat ed 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: Motori sts that have registered non-OBDII equipped hea vv -du ty 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 we i£ht rating greater than 14,000 pounds). which are subject to testing, in one of the two ozone non-anainment areas of Illinoi s . 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 th e emissions test in Illinois. The only direct costs to the motorist are fo r 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 ofemissions-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 offorms? Compare to current requirements. There wi ll be no increase in administrative costs as a result of this rulemaking.

# Attachment 98 Memo from JCAR accepting Second Notice dated December 22, 2011ILLINOIS GENERAL ASSEMBLY CO-CHAIR: SEN. MAGGIE CROTTY CO-CHAIR: REP. ANGELO "SKIP" SAVIANO EXECUTIVE DIRECTOR: VICKI THOMAS

TO :
FROM:

DATE: 700 STRATTON BUILDING SPR I NGFIE L D, ILLINOIS 62706 217/785-2254 MEMORANDUM

John Kim, Interim Director Environmental Protection Agency Vicki Thomas Executive Director 12/22/11 SEN. PAMELA AL THOFF SEN. DON HARMON SEN. JOH N 0. JONES SEN. DALE RIG HTER SEN. IRA S ILVERSTEIN REP GREGORY HARR I S REP LOU LANG REP. DONALD MOFFITT REP ROS EMA RY MU LLIGAN R E P. ANDRE THAPEDI

RE: Procedures to be 

### Fol1owed in the Performance of Inspections o f Motor V chicle Emi ssion s (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 Divis ion of Legal Counsel 

## \ ;t.C 2 3 201l Environmental Protection Agency

# Attachment 99 JCAR’s Certification of No Objection dated January 10, 2012C O
-CHAIR : S EN. 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: - ·- -- .... ·--

**~·-...-** ..... ..., •

**•w....~** ._.Jill,

**~** Aa.v . ......

**~u**



# ~ ILLINOIS GENERAL ASSEMBLY

700 STRATTON BUILDING SPRINGFIELD, ILLINOIS 62706 217 /785·2254 

### January 10, 2012 SE N. PAMELA

**ALTHOFF~** SEN. DON HARMON SEN

. JOHN 0

. JONES SEN

. DALE RIGHTER SEN

. I RA SIL V ERST E I N REP. GREGORY HARRIS REP. LOU LANG RE P. DONALD MOFF ITT REP

. ROS EMAR Y 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 ofInspections ofMotor 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 certitication of this action

. The rulemaking may now be adopted upon filing with the Office ofthe 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, ofthe substance ofthe rulemaking. Thank you for the cooperation your agency has shown during our review ofthese issues

. Sincerely,



# ~~ Senator Maggie Crotty Co-Chairman SMC :RBH:DC:rm cc: · Kent Mohr En c. 

# ~~



# t/**~** Re r entativ ge o "Skip" Saviano Co-ChairmanCO-CHA I R : S EN

. M AG GIE C ROTTY CO-CHAIR: REP

. ANGELO "SKIP" SAVIANO EXECUTIVE DIRECTOR: VI CKI THOMAS ILLINOIS GENERAL AS S EMBLY

700 STRATI O N BUILDING SPRINGFIELD, ILLI NOIS 6 2 706 211n as-2254 

### JOINT COMMITTEE ON ADMINISTRATIVE RULES CERTIFICATION OF NO OBJECTION TO PROPOSED RULEMAK.ING S EN

. P A MELA A LT HOFF SEN

. DON HARMON S EN. JOHN 0. JONES SEN. DALE R IG HTER S EN. IRA SIL V ER STEIN REP

. GREGORY HA RR I S REP. LOU LANG REP. DONALD M O FF ITI REP. ROSEMARY M U L LI GAN 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 Agenc y 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 t hat 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 

# GI 

# S T E R**~~~:r~~ental** Agencies



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# - Volume 36, Issue 6 Feb ruary 10, 2012**~** 

## Pages 1820-2407



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- Index Department Administrat ive Code Division 111 E. Monroe St. Sp ringfield, IL 62756 217-782-7017

Pri nt ed by a uthority of the State of I llinois

. February 2012- 75 

# P UBLI S HED BY JESSE WHI T E· S E CRET ARY OF ST A T EILLINOIS 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 ofthe Vehicle Emissions Inspection Law of2005 [6251LCS 5/13C-10 and 13C-20] 5) Effective Date ofAmendments: 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 10) 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? NoILLINOIS 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 ame nds 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 vehicle s 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, PA 97-106 adds a visual inspection test as a new substit ute 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 ofthe affected counties and in otherjurisdictions where vehicle emissions tests are not required. The Illinois EPA's amendments to Part 276 s unset the steady-state idle exhaust and eva porative system integrity inspection test procedures, test equipment specifications, and equipment maintenance and calibration requirements as ofFebruary 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 PA 97-106 to the VEIL of 2005 regarding vehicles located and primarily used outside ofthe affected counties and in otherjurisdictions 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 p age: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 .3 05 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 Procedur es (Repealed) On-Road Remote Sensing Test Procedures On-Board Diagnostic Test Procedures Visual Inspection · rest Procedures SUBPART C: EMISSIONS COMPLIANCE CERTIFICATE
General Requirements Determination ofAffected Counties Emissions Compliance Certificate Design and Content Initial Emissions Inspection Stickers or Certificates (Repealed) Exempt Emissions Inspection Stickers or Certificates (Repealed) 2259 12276.306 276.307 276.308 276.309 276.310 276.311 276.312 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 ofWaiver 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 Perf ormance Crit eria (Repealed) On-Road Remote Sensing Test Systems Functional Requirements and Performance Criteria On-Board Diagnostic Test Syst ems 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 Calibration276.604 276.605 276.606 276.607

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** REPORTINGILLINOIS 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 ofthe 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. 1023 0 , 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 ofterms 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 of2 005 [625 ILCS 5/ 13C]. b) The fo1Iowing definitions apply to this Part: "Accuracy" means the combination ofbias and precision errors, technically defined as uncertainty, that quantifies the differences between a measured and true value
. "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 ofknown concentration used to establish the response curve ofthe 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 ofthe 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 ofthe Vehicle Emissions Inspection Law of2005. "Emissions compliance certificate" means a certificate issued to an owner of a vehicle registered in an affected county who succes sfully complies with the Vehicle Emissions Inspection Law of2005 and the requirements ofthis 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 h as the capability to identify unknown concentrations ofparticular 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 ofthe fuel cap with an established fuel cap leak flow standard. "Fuel cap pressure decay test" means the test performed in accordance with this Part on a vehicle's fuel cap using a fuel cap pressure decay tester to 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 f uel cap by monitoring the pressure behind the fuel cap for a 10 second period and comparing the measured pressure decay ofthe fuel cap to an established fuel cap pressure decay standard. "Fuel cap visual functional test" means the test 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 thatILLINOIS 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 ofhousehold 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 ofup to two idle mode sampling periods during a steady-state idle mode test, during which exhaust emission measurements are made with the vehicle in "as-received" condition. "Low income" means the household income during the preceding 12 month period was not more than 150 percent ofthe 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 12 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 ofwhether 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 ifthe 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 emi ssion concentrations of hydrocar bons (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. "Pr econditioning mode" means a period of steady-state hi gh-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 in sufficient warm-up.ILLINOIS REGISTER 2267 12 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 ofknown 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 ofthe 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 ofthe 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 ofthe need to comply with the requirements of the Vehicle Emissions In spection 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 offposition followed by verifying the status ofthe 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 ofthe 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 ofVehicle Emissions Inspection Procedures Compliance with steady-state idle, evaporative system integrity, OBD, visual ins 12ection, and onroad sensing test standards contained in 35 Ill. Adm. Code 240 shall be deter mined by use oftestILLINOIS 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) 

### ofthe Vehicle Emissions Inspection Law of 2005. The visual inspection test consists of a twopart test. The first part ofthe visual inspection test consists of

### a visual examination ofthe MIL in the key-on/engine offposition. The**se~ond** part of the visual inspection test consists of a visual examination ofthe MIL 

### in the key pn/engin.e on positiqn. The visual inspection test shall be performed in accordance with subsections (b) and (c) ofthis 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/Fa il 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 3 0, 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 REQUIREM ENTS 

### Section 276.405 Outside of Affected Counties Annual Exemption Requirements a) The owner of a vehicle that is located and being primarily operated outside ofthe affected counties and;-tW in otherjurisdictions 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 ofthe vehicle's location must be provided by one ofthe 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 yea r emissions compliance certificate under this Section will be subject to inspection by the next TBD unless the motorist complies with subsection (a) ofthis 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 ifwritten 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

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### 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

íSpring 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

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### 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

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### 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

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### 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.

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# Attachment 102 Notice of Cancellation of Public Hearing Nov. 8, 2012 Illinois EPA webpage publication

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