# Attachment 60 Hearing Officer Order Notice of Hearings dated October 6, 2011 including Certificates of Publication

### ILLINOIS POLLUTION CONTROL BOARD October 6, 2011 IN THE MA TIER OF: REVISION OF ENHANCED VEHICLE EMISSION INSPECTION AND MAINTENANCE (liM) 

### REGULATIONS : AMENDMENTS TO 35 ILL. ADM. CODE PART 240 ) ) ) ) ) ) ) 

### R12-12 (Rulemaking- Air)



### NOTICE OF HEARINGS 

# I

DATE, TIME AND LOCATION: THURSDAY , NOVEMBER 17, 2011 9:00AM Room 9-040, James R. Thompson Center 100 W. Randolph Street Chicago, Illinois WEDNESDAY, NOVEMBER 30, 2011 9:00AM Room 145, Madison County Administration Building 157 N

. Main St. (parking lot at rear ofbuilding) Edwardsville, Illinois PURPOSE OF HEARINGS: ATTENDING BOARD MEMBER : HEARING OFFICER : Merit and Economic Jennifer A

. Burke Daniel L. Robertson 

### HEARING OFFICER ORDER On October 3, 2011, the Illinois Environmental Protection Agency (Agency) filed a rulemaking proposal pursuant to Sections 10, 27 (excluding subsection (b)) and 28 ofthe Illinois Environmental Protection Act (Act) (415 ILCS 5/1 0,27 and 28 (2010)), Sections 102

. 200 and 102

.202 ofTitle 35 of the Illinois Administrative Code (35 Ill. Adm. Code 102.200, 102.202 (2010)) and Section 13C-20(a) ofthe Vehicle Emissions Inspection Law (VEIL) of2005 (625 ILCS 5/ 13C-20(a) (2010)). The Agency proposes to sunset the steady-state idle and evaporative system integrity test standards used in the Illinois enhanced vehicle inspection and maintenance program for the Chicago and Metro-East St. Louis nonattainment areas .

### The Board will conduct two hearings in order to allow the Agency and any other interested participants the opportunity to present testimony on the merits and economic impact of the proposal. See 415 ILCS 5/28(a) (20 1 0). At hearing, all persons who wish to testify will be sworn in and subject to questioning. Section 2 7 (b) ofthe Act (415 ILCS 5/27(b) (2010)), which addresses requests by the Board that the Department of Commerce and Economic Opportunity (DCEO) conduct an economic impact study (EelS) ofproposed rules, does not apply to rules filed under subsection 20(a) ofthe VEIL of2005. 625 ILCS 5/ 13C-20(a) (2010). Accordingly, the Board has not requested that the DCEO conduct an EelS ofthis proposal and the hearings will not address that specific issue of an EelS. 

### Pre-Filing Deadlines Participants who intend to testify at hearing are urged to pre-file their testimony and are directed to serve pre-filed testimony on all persons on the Service List

. Before filing pre-filed testimony or any other document with the Clerk, please check with the Board's Clerk to obtain the most recent version of the Service List. Testimony for the November 17, 2011 hearing must 

### be pre-filed by November 4, 2011. Testimony for the November 30, 2011 hearing must be pre-filed by November 28, 2011. All filings must be served on the persons on the service list. The "mailbox rule" at 35 Ill. Adm

. Code 101.300(b)(2) does not apply to the filing of any of this pre- filed testimony and the Board's Clerk must receive these documents before the close of business on these deadlines. Documents may be filed electronically through the Clerk's Office On-Line (COOL) from the Board's web page at www.ipcb

. state.il.us

. 35 Ill. Adm. Code 101.302(d). Any questions about electronic filing through COOL should be directed to the Clerk's Office at (312) 814-3629. 

### Order of Hearing At hearing, all pre-filed testimony will be entered into the record as if read

. See 35 Ill. Adm. Code 102.424(f)

. The hearing officer intends to begin the hearing by allowing the Agency as the proponent to present the pre-filed testimony of all of its witnesses

. A witness may offer a brief summary of pre-filed testimony if he or she wishes to provide one before turning to questions

. After the Agency's witnesses address questions from other participants , other persons who have pre-filed testimony will testify. Participants who do not pre-file testimony will be allowed to testify after the conclusion ofpre-filed testimony and questions based upon it. Any participant who wishes to offer a public comment at the hearing will be allowed to do so at the close of pre-filed testimony and questions based upon it. In addition, the Board ' s procedural rules include an opportunity to file post-hearing comments. See 35 

### IlL Adm

. Code 1

02

. 1 08(b)

.

### Service and 

### Notice Lists The Service List for this rulernaking is the list of persons who wish to participate actively in this proceeding and receive not only the Board's opinions and orders but also other filings such as pre-filed testimony and public comments. The Notice List includes participants who wish to receive only the Board's opinions and orders and hearing officer orders. Note that interested persons may now request electronic notice of filings by providing their e-mail address through COOL under this docket number R12-12. This electronic notice includes notice of the filing of documents that are not typically provided to persons on the Notice List. In addition, COOL provides links to documents filed with the Board and those documents can be viewed, downloaded and printed free of charge as soon as they are posted to the Board's Web site. For more information about the option of electronic notice or COOL, please consult either the Board's Web site at www.ipcb.state.il.us or John Therriault, the Board's Assistant Clerk, at (312) 814-3629. IT IS SO ORDERED.

# D~ Hearing Officer Illinois Pollution Control Board 100 West Randolph, Suite 11-500 Chicago, Dlinois 60601 (312) 814-6931 robertsd@ipcb.state.il.usPOLLUTION CONTROL BOARD, ILLINOIS R 1 2-12hn ADORDERNUMBER: 0000149599-01 PO NUMBER: R12-12hn AMOUNT: $931.00 NO OF AFFIDAVITS: lll.INOIS POLLUTION CONTROL BOAAO NOTICE OF HEARING

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. Rondolph, Room 9 · 0«!, Ci'jcago, IL

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### Sun Times Media Chicago Sun-Times Certificate of Publication
State of Illinois -County of Cook Chicago Sun- Times, does hereby certify it has published the attached advertisments in the following secular newspapers. All newspapers meet Illinois Compiled Statue requirements fur publication of Not i ces per Chapter 715 ILCS 510

. 01 et seq. R.S. 1874 , P728 Sec 1, EFF

. July 1,1874. Amended bylaws 1959, P1494, EFF

. July 11,1959

. Formerly Ill. Rev

. Stat. 1991, CH100, Pl. Note: Notice appeared in the following checked pos itions. PUBLICATION DATE(S): 10/1012011 Chicago Sun
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IN WITNESS WHEREOF, the unders igned, being duly authorized, has caused this Certificate to be signed and notarized

David Fontechia Account Manager- Public Legal Notices Subscribed and swom to before me this 11th Dsy of October 2011 A

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# ~ Notary Public

**OFFICI~** 81W. OATMEAINE ACVNOAR NOTARY PUBUC, STATE

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**:n::~·w**CertificateofPublicationACCT#STATEOFILLINOIS)ssMC#ThisistocertifythataILLINOISPOLLUTIONCONTROLBOARDNOTICEOFHEARINGNOTICEofwhichtheannexedisatruecopy,hasbeenpublishedinther-1GraniteCityPressRecordJournalEdwardsvilleJournalCollinsvilleHeraldJournalSt.louisPostDispatichIllinois_St.LouisPostDispatchapublicnewspaperthathasbeenregularlypublishedformorethansixmonthsproirtothefirstpublicationofsaidnoticeintheStateofIllinois,onthefollowingdates:OCTOBER12A.D.2011_________A.D.2011__________A.D.2011__________A.D.2011Ifurthercertifythattheabovenamedarenewspapersasdefinedin"anActtorevisethelawinrelationtonotices"asamendedbyActapprovedJuly17,1959111.RevisedStatutes,Chapter100.paragraphs1&5.Givenundermyhandthis1STday ofNOVEMBERA.D.J036749456PleaseSendPaymentsTo:SuburbanJournalsAttn:JuneZaring#2ExecutiveDriveCollinsville,Illinois62234IWNOISPOllUTIONCON1ROLBOARD·.None!QFHEARING.PublicNotice1•herebygiventhatlhaControlBoordwlnholdpublichaarinQSu:=rgf;ofEnhgna,dVeblclaEm!Wonln'UI'c!lohqndJnUIM)Amandmen!Jl!:la-'ULAr!mCodaPort240.R12-12,proposak.thell1inolsEnvironmentalPro/Bc!loriAgencylogmandtheBoard'sAirPolluMonRagulallons.TheRrsthearlngwlllbeheldonThursday,November17;·20.11,at9:00amatthelamesR•.ThompsonBuilding,100W.Randolph,Rbom9.().&0,.ChJoogo,.IL.Asecondwillbe-heldohWedne&day,NO'IIIIIlber30,2911,ot9:00am,attheModiscnCounlyAdminl5traHonBuilding,Rcom1.45,1STN.MalnSL,lparklnglotatrearofbull.dlngJ,Edwardsville,Illinois.ThehaarlngsGresubjecttocancellationwlihoutnoKceandmaybebycal"ns.theOtiiceoflhedarkat312/81A;3461:Acopyof!h.Board'$FirstNoHce,ProposedOpinionandOrdarIsavdiloblelorpubUclnspeclloirofhttp://www.lpcb.sla1e.1lus/,the·Clark'sOlllc:e,Po)lullonControlBoard,Suite11-5QO,JamesItThamJis9nCenier,\00West·RandolphStreet,Chlc:ogo,flllnoltand¢lhaPeorlaUbrar:y,\07N.E.Monroe,Peoria.llllnoJs..·G.Tonner·Chalnnan10/12C!__---·-·-----

### •
ILLINOIS POLLUTION BOARD NOTICE OF HEARING Public BNotice Is hereby given that the Pollution Control Board wm hold public hearlngs1 · In tne Mauer of : Rev •ton of En · henced Vehicle Emission Inspection Blld :. Maintenance (liM) Regylatlona : Amendmenta to 35 Ill

. Adm.

**_9..2!.~** P a r t

**~~·~2.** proposal of the IWnols Environmental Protection Agency to amend the Board's Air Pollution RegulaUene. The first hearing wiU be held on ThuNiday, November 17, 2011, at 900 am at the James A

**Tttgm~>eon** Building , 10 

### w . Aandlopf\ , Room 9-040, Chicago , IL

. A second wtll be held on Wednesday, November 30, 2011 , Jl 9 : 00 am , at the Madison County Ad · mlnlatratlon Building, Room 145 , 157 N Main St. , (paridng lot at read of bulldfng} , Edwardsville , Illinois The tteartngs are I!Ubjeot to cancellation without notice and may be oonflrmed bY. calling the Office Of tlte Clerk at 312· 81.4-3481 A copy ol the Board 's First Notice, Proposed Opinion and Order Ia aVailable lor public In · e_pectlon at hnpJJwww lpcb state .n .u81 the Clerk'8 Office Pollution Control Board , Suits 11
- 600 James R Thompson Center, 100 West Randoph Street, Chi · cago , Illinois and at the Metropolis Public: Ubr!l"f , 317 Metropo
- lis Street, Metropol i s , Illinois G . Tan ner Girard Cha irman 1(>-12· 11

LEGAL NOTI GE AAA Stow

-A
-Way Storage , located at 19 Pullen Road, wi shes to notify occupants of units· MT · 14A Hel en Burresa Unite co ntain Household furn i ture

. Mlsoellaneous Items

. All contents coo · tained In storage unit will be sold by public sale on October 15 , 2011 at 9 00 a
. m
. starting at office lo cation 316 Locust D r .•

**D~ ,.,....,**  **h** 

### "H ;t <I"'H POLICY FOR SOUTHGATE NURSING AND REHABILITATION CENTER It Is the policy of Southgate Nursing and Rehabilitation Center to admit and to treat all patients wttll· out regard to race , color or national origin

. The same requtra menta lor admission are applied to all and patients are assigned within the home with
out regard to race , color or natlonal origin

. There IS no distinction In eligibility fcw, or In the manoer of provld· lng any patient service provided by the nursmg home or by others In or outside the home All laciiiUes ol the home are avallal:lle without distinction to all patients and v181tora regardless of race .• color or national origin

. All persons and or· ganl%at1ona having occasion either to refer patients for admlsalon or to recommend Southga\e Nursing and Rehabilitation Center are advlaed to do so wtlhout regard to the patient's race, color or national origin. Michelle cavttt

Administrator 1o-6-2J Al:il:iUMEO NAME

PUBLICATION NOTICE Publ\c Notice Is hereby given that on September 29, 2011, a certificate wa& filed in the Ollice ol the County Clerk of Maesac County, Illinois , setting forth the r\ames and post-office addresses ol all the persons owning, con· ducting and transact· ing the business known as Joseph P

. E l liott. LCPC, located at 2996 Massac Creek Ad

. Metropolis, iL 6 2

960 Dated thiS 29th day of September, 2011. Joseph P Elliott

. 2996 Massac Creek Road MQ,.IrOpol i s , IL62960 John D. Taylor

C o unty Oerk 10-1

**~-~t** TAKE NOTICE CERTIFICA T E NO 00009<4 TO Emest Klotz Lori Klotz , CBntex Home Equrty Company LC.C , Dr James M WOOdS M D , Natlonstar Mortgage u.c, and unknown pwn ers or parties Inter ested A PetiUon for Tax Deed on premises described below has been llled In thil Cir
cuit Court of MASSAC County, Illinois, as case 11
- TX · 1 4 The real estate Is de scribed as : Parcell· ()9.14-208-(102 Said property was sold on APRIL 18, 2009 for the General Taxes lor the year 2007

. The period of redemption will expire on JANUARY 26, 2012. On FEBRUARY 2. 2012. ltle petitioner will make appllcetlon to suCh court In said County lor en order lor Tax Deed should the real estate not be redeemed.

VIsta Securltlr.i, Inc. Petitioner

9-28-st TAKE NOTICE CERTIFICATE N0.000083 TO : Christine Smith , Walter Mortgage · Company, Ned Brown, Helen Johnson, Current Occupant. and unknowrl own· ers or parties Inter ested. A Petition lor TBlC Deed on preml688 described below has been !tied In the Circuit Court of MASSAC County, Illinois, as case 11-TX-13

. The real estate Is described as: Parcel #: 09-11-302.()03 Said property was sold on APRIL 16, 2009 lor the General Taxes lor the year 2007. The penod ot redemption will expire on JANUARY 26, 2012. On FEBRUARY 2, 2o12, the petitioner will make application to such court i n said County for an Ofder for Tax Deed should the real estate not be re· deemed

.

VIsta Securities, Inc

. Petitioner TA K E NOTICE C E RT I FICATE

N0

. 000047 TO Luke L. Grace

. Sarah L Grace, C · Piant FederJII Credit Union, Lucus Grace, K"m S 1

mmons , CUrrent Occupant, and unknown own- ers or parties Inter · ested A Petltlon for Tax Oaed on prem(aes d88c:ribed below has been filed In the Circuit Court of MAS· SAC County, Illinois, as case 11
-TX-11. The real estate Is deecr1bed as Parcel # 08.0t • 330.001 Sald property was sold on APRIL tjl, 2009 for the General faxes lor the year 2007

. The period 0 redemption will expire on JANUARY 26, 2012 On FEBRUARY 2, 2012 , the petlllonar will make application to eucfl court In said County for an order for TBlC Oaed should the real estate not be redeemed

. Empire Tax Corp

. Petitioner

9-28-3t
NOTICE Notice 1s hereby

**gl~** of the sale of the lollowlng described personal property currently stored 

### at Becker Home Storage, 1209 W. 10th St., Metropolis, Ill., unlesa such articles are redeemed prior to Wedneaday, Ootober 19, 2011":

Storage Unit 116: Property ol Eva In· gram, 5002 W 36 Terrace. , Indianapolis, IN 46224; Sectional , 2 TV's Washer, dryer , recliner, bookcase, 2 queen mattress sate, 1 tun set, 3 lawn chairs, 1 dining table , 2 end tables, clothes, 2 boxes of Misc., headboards and frames. Amount owed , $740

. 88. Accepting bids October 19, 2011. Beeker Home Storage 1209 W

. 10th St

. Metropolis, ll 62960 818 · 638-5908. 

# Co

# Dispatch ·Argus"

PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO ENSURE PROPER CREDIT, PLEASE WRITE YOUR ACCOUNT NUMBER ON YOUR CHECK. ACCOUNT# AD# AMOUNT 121405 761662 $48

.00

I L LINOIS POLLUTION CONT ROL BOA Don Brow n ATIN : DON BROWN 100 W RANDOLPH ST STE 11-500 CHICAGO , IL 60601 CHECK...,_#
____ _ Please check option that applies: 

# 0 PAYMENT ENCLOSED P l ease make c hecks payable to Moline D i spatch Publish i ng Co

. LLC

. 1720 5th Avenue Mo l ine , IL 61265-7997 

# D BILL MY CREDIT CARD



## 0 Masterca r d 

## 0 Visa 

## 0 D i scove r 

## 0 Amex Cred it Card Number


# -------------------- Expiration Date ____________ _ Authorized Signature 

# Dispatch ·Argus"

ACCOUNT# AD# AMOUNT 121405 761662 $48

. 00 BILLING INFORMATION AD START DATE 10/12/2011 INSERTIONS 1 AD STOP DATE 10/1212011 CLASSIFICATION 2227 INCHES 48

. 000 DUE UPON RECEIPT DESCRIPTION Fein 36
- 3279874 Vehicle Thank you for giving us the opportunity to serve you! If you have any questions regarding this invoice, please contact us at 309-757-4901. We are open Monday- Friday 8:00a.m.- 5:30p

. m. Billing Address
- 1720 5th Avenue, Moline, IL 61265-7997 RETAIN THIS PORTION FOR YOUR RECORDS



## CERTIFICATE OF PUBLICATION T he u n ders i gned , the MOLINE DISPATCH PUBLISHING COMPANY L.L.C ., hereby certifies that it is a Lim ited Liability Company, ex i sting and do i ng b usiness under the laws of the State of Delaware, li censed to do busi n ess in the S t ate of Il l inois, a n d states that it i s pub li sher of T HE DISPATCH and T HE ROCK ISLAND ARGUS daily , publ ic , secular newspapers of genera l c i rculation p ri nted and published da ily i n the Ci ty of Moline, County of Rock Is l and , State of I llinoi s , and further certifies that a notice whereof the annexed pri nted notice , a true copy, was printed and published i n sa i d newspapers ,

1 time(s): that said not ice was so printed and published in said newspaper 1 time(s) in each week for 1 success ive week (s), the date of the first said newspaper containing said notice being the 12th day of OCT A.D. 2011 and the last sa i d newspaper containing said notice being the 12th day of 

# I MOLINE DISPATCH PUBLISPUBLIC NOTICE

. I IWNOIS POLLUTION 

### I

CONTROL BOARD NOTICE OF HI!ARJNG Public: Notice is hereby given thllt the PonuttorfConlrlll Board will hold public: hearings; In the Matter ot: ReVIsion of Enhanced 1 Vehicle Emission lnSPI!dlon and Mlllntenance (1/M) Re9ulatlons: Amendments to 35 111. Adm. Code Part 240, R12-12, proposal of the Illinois Environmental Protecllon'

**~** to amend the Bollrd's Air Paltulton Re9uletlons. The first hearing wll be held on ThUrsday, November 17, 2011, at 9:00 am at Jhe James R. Thomp- son Building, 100 W. Randolph, Rooml--040, 01 1

cago. IL · A second will be held on Wednesday, Novem
ber 30, 2011,11t 9:00am, 

# I at the Madison Qlunty AdmlnlstraiiOfl Building, Room 145, 157 ·N. Main St

. , (parking lot at rear of building}, Ed
- wardsville, lllnols . The hearings are SIAr led to cancell ation without

**notla~** and may be confinned bY calling the Office of the ·aerk at 3121&14-3461. A COPY of tl'te Board's First Notice, Proposed Opinion and Ortfer Is avllltllb l e for public Inspection at httP:// www.lpcb.stale.iLUS/, 1 the Clerk's Ofllc:e, Pollution COntrol Board, Suite 11

- 500, JIIJTleS R. 1 ThoinPsen Cenler, 100 West Randolph Street , Cl'ltcago, Illinois and at the East st. l..Duls PtJblic Library, 5300 State Strllllt, East St. Louis J IllinoiS. G

. Tanner G i rard Clia i nna L

- PI144033 COd

. B) CERTIFICATE OF PUBLICATION STATE OF ILLINOIS ) COUNTY OF ST. CLAIR ) ss. This is to c ertify that the under signed Jay Tebbe is the president and publisher ofthe NEWS-DEMOCRAT a public and English secular newspaper of general c i rculation, which has b een regularly published daily in the Ci ty ofBelleville , County of St. Clair and State of Illinois, for at least one year prior to the first publication of the notice hereinafter mentioned, and that a notice of which the annexed is a true printed copy, has been published in sa id newspaper ONCE, the publication thereof having been made in the issue of said newspaper, published on October 8, 2011

.

Publisher' s fee : $111

. 51

ACCOUNT ID: 7335600 AD NUMBER: L-P1144033

# CERTIFICATE OF PUBLICATION MT. VERNON REGISTER-NEWS

STATE OF ILLINOIS JEFFERSON COUNTY 

# l ss 

# J

I, Robert Dennis, do hereby certify that I 

### am Publisher of the Mt. Vernon Register-news, and that said Mt. Vernon Register-News is an incorporated company, having its principal office in the City of Mt. Vernon, and County of Jefferson aforesaid. I further certify that Community Newspaper Holdings Inc. is the owner and publisher of the Mt. Vernon Register-News. I further certify that the said Mt. Vernon Register-News is a secular newspaper of general circulation, which is now and for more than twelve months prior to the first publication here certified to has been printed and published regularly in the City, County and State foresaid. 

### I further certify that said newspaper 

### has been printed and published as aforesaid as a Daily paper, and that 

### as such Daily it has been regularly issued during such time on each secular day of each week

. I further certify that 

### as Publisher as aforesaid 

### I have been and 

### am authorized and directed by the Board of Directors of the said Mt. Vernon Register-News to sign and execute certificates of publication for and in its behalf, and to make an execute this certificate 

### as aforesaid. I further certify that a notice of which a true copy is herein attached, has been published One (1) time in said Daily edition of said newspaper, following day publication thereof having been made October 8. 2011

Given under my hand this 8th day of October A.D., 2011

Printer's Fee: $66.75

Document: 

### MATTER OF: REVISION OF ENHANCED VEHICLE EMISSION INSPECf. & 

### MAIN. Notice Size: 1X9.81 Robert Dennis, Publisher Mt. Vernon Register-News**----**
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**,...,.Nula"'IO,f/'ll'd...C:.tcwt.lo'Mf~lof~** QPEN INTERVIEWS

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# 0955 ::p['
ILLINOIS POLLUTI ON BOARD NOTICE OF HEARING Public BNotl c e Is hereby glvBfl that the Pollution Control Board will hold publi c hearings! · In the Matter of : Rev sion o f En · hanced Vehicle E mis- sion Inspecti on and**~** Ma i ntena nce**(l iM** **~** Aeg1,1lations : Amend· manta to 35 Ill

. Adm

. C o de P art**~- t2** **,** goposal of the IIUnols Environ
mental Protecllon Agency to amend the Board's Air Pollution Regulatloll$

. The first hearing Will be held on Thursday, November 11. 2011

. at 9 : 00 am at the James A

.**Thpm~on** Building , 100 W

. Aandlopfi, Room 9-040, Ch1cago, IL

. A second will be held on Wednesday , November 30 , 2011 , fil 9 :00 am . at the Madison County Ad
mlnlatratlon Building, Room 145 , 157 N Main St. , Ccarklng lot at read 

### or bulldfng) ,**Edw~rdsvllle ,**  Illinois

. The hearing& are I!Ubject to cancellation without notice and may be confirmed by camng the Office 01 the Clerk at 312

- 814-3461. A copy of the Board 's First Notice, Proposed Opinion and Order is avaNable for public I n · spectlon at hnp : /lwww

. lpcb state.l l

. ual , the Clerk's Office Pollution Control Board , Suite 1 1 · 600 James R. Thompson Center , 100 West Randoph Street, Chi· cago , Illinois and at the Metropoli s Public I.Jt:Jrary, 317 Metropo
- lis Sb'eet, Metropolis , Illinois G

. Tanne r Girard Chai rman

1 0.12· 11

LEGAL NOTICE AAA Stow-A-Way Storage, located at 19 ' Pullen Road, wishes

to notify occupante of ut1I1S: MT-14A Helen Burress. Units contain Household furniture, Miscellaneous Items. All contents con· tained In storage unit wtll be sold by public sale on October 15, 2011 at 9:00 a.m. startlllQ at office location 316 Locust Dr

.. Ca.·h..**,-~~t....** Vu :4 .. u POLICY FOR SOUTHGATE NURS I NG AND REHABILITATION CENTER It I s the policy of Southgate Nursing a n d Rehabilitation Center to admit and to treat all patients with· o ut regard to race, colo r or natlonal origin. T he eame require· ments lor admission are app li ed to all and patients are assigned within the home without regard to race, color or national origin. There is no dletlnctlon In eligibility lor, or In the manner of providIng any patient service provided by the nurslrtg home or by others In or outside the home

. All facilities of the home are available without distinction to ali patients and visitors regardless ol**re~,** color or national origin. All persons and or·**gan~atlons** having oc· caslon either to refer patients lor sdmleslon or to r ecommend Southgate Nursing and Rehabilitation Center are advised to do so without regard to the patient's raca, color or national arlgln. Michelle Cavitt

Administrator 1D-6-2f ASSUMED NAME

PUBLICATION NOTICE Public Notice Is hereby given that on September 29, 2011, a certificate was filed I n the Office of the County C l etll of Massac County.; Illinois, setting forth the n ames and post-office addresses of all the persona owning, conducting and transacting the business known as Joseph P. Elliott, LCPC, located al 2996 Massac Creek Ad. Metropolis, IL 62960 Dated ltlis 29th day of September, 201 1 . Joseph P. Elliott .2996 Massac Creek Road**M~ropolis .**  IL 62960 John D. Taylor

County Cletll**10-1::0-~1** 

# 09)5 I :' LI·,
TAKE NOTICE CERTIFICATE

N0.000094 TO: Emest Klotz, Lori Klotz, Centex Home Equity Company LLC, Dr. James M. Woods M.D., Natlonstar Mclrtgage LLC, and. unknown owners or parties Inter· , eated. A Petition lor Tax Deed on premises described below I'Tas been filed in thb Circuit Court of MASSAC County, llllnol11. as case 11·TX·14. The reat estate is Cle · scribed as: Parcel 1: 09-14-208..()(}2 Said property wes sold on APRIL 16, 2009 lor the General Taxes lor the year 2007. The period of redemption will expire on JANUARY 26, 2012. On FEBRUARY 2, 2012, the peUtloner will make application to such court In said County lor an order lor Tax Deed should the rsal estate not be redeemed.

VIsta Seooritlelt. Ino. Petitioner

9·28-3t TAKE NOTICE CERTIFICATE

NO. 000083 TO: Christine Smith, Walter Mortgage Company, Ned Brown, HelM Johnson, Current Oocupant, 8lld unknown owners or parties Inter · ested. A Petition lor Tax Deed on premises described below has been filed' In the Clr· cull Court of MASSAC County, Illinois, as case 11-TX-13. The real estate Is descrlbed as: Parcel 1:**09-11-302~** Said property wae sold on APRIL 16, 2009 lor the General Taxes lor the year 2007. The period of redemption will expire on JANUARY 26, 2012. On FEBRUARY 2, iot2, the petitioner will make application to such court In said County lor an order for Tax Deed should the real estate not be redeemed.

VIsta Securities, Inc. Petitioner TAKE NOTICE CERTIFICATE

NO. 000047 TO: Luke L Grace, Sarah L Grace, C·Piant Federpl Credit Union, Lucus Grace, Kim Simmons. currem Occupant. and unknown 

### owo- ers or parties Inter · ested A Petition for Tax Deed on premises dascrlbed below has been filed in the Circuit Court of MASSAC County, llllnole, as case tt-TX-11. The real estate Is desclibed as: Parcel 1: 08-D1· 330-001 Said property wes eold on APRIL 1§J, 2009 for the General Taxes lor the year 2007

. The period 0 redemption will expire on JANUARY 26, 2012

. On FEBRUARY 2, 2012, the petitioner will make apPIIcaUon to such oourt In eald County lor an order lor Tax Deed should the real estate not be r• deemed

. Empire Tax Corp. Petitioner

9-28-31 NOTICE Notice le hereby given of the sale olltle following described personal property currently stored 

### at Becker Home Storage, 1209 W. 10th St., Metropolis, Ill.. unleBS such articles are redeemed prior to Wednesday, Ootober 19, 2011':

Storage Unit #16: Property of Eva In· gram, 5002 W 38 Terrace.. Indianapolis, IN 46224: Sectional • 2 TV's Washer, dryer, recliner, bookcase , 2 queen mattress seta, 1 lull set, 3 lawn chairs , 1 dining table , 2 end tables, clothes , 2 bo)!ea of Misc

. , head
boards and frames

. Amount owed, $740.88. Accepting b i ds Octo
ber 19, 2011

. Becker Home Storage 1209W. tOthSt. Metropolis, IL 62960 618-638-5908 

# . l

Cq

## PROOF OF PUBLICATION

STATE OF ILLINOIS County of Winnebago ) City of

**Ro~:ktord:** ss. GaleHouse Media Illinois Holdi ngs, Inc., a corporation organized and existiflg under and pursuant to the laws at the state of Delaware with its principle office In the City of Fairport, Monroe County, New Yorlc certifies that it is the publisher of The Rockford Register Slor that such paper is seC\IIar newspaper of general circulation in Winnebago County, llrlflois. thai it is prinled and published in the city ol Rockford , W100ebago County, Illi nois aforesaid, it hereby further certifies thai a notice ol which the annexed notice is a true copy. has been legally published in said newspaper. ----'/'--
__ time lor (]?t.y s uccessive.
__ 

## ti..:==,.,._

__ _ That the first publicalion was on the 

# J;;ljf

**d~y of_-x""O~~F-u..-=-**  **-20** II the last publication w as on the

**~day** of v _ 20 I( it further certiftes thai said newspaper has been regularly published for one year prior to the fi rst p u bUcation of said noti ce
. In WITNESS WHEREOF the said GateHouse Media Illinois Holdi ngs , Inc , published aforesai d, has hereunto caused its corporate name to be her e unto signed on this lE_ day of (}Gfolcr AD. 20Ji_ by its duly authorized agent pursuant to a resolution adopted by the Board of Directors of GaleHouse Media Illinois Hold i ngs, Inc

.



# .,L~ list:::: RESOLVED, that a certificate ol publicat i on of legal nolices may be signed on behalf of this corporation and ils corporate name with or without its co rporate seal by any or either of the following officers or agent s : President, Secretary, Asst. Secretary. Comptroller, or Cashier or designee s ol any o! them

. GATEHOUSE MEDIA ILLINOIS HOlDINGS, INC

Printers Fee$

___ _ _ _ Paid
- - - --- 2 0_



# ------------------· · - - - -- IWNOIS PQlWJlQN CONTRDLBOMIP fiOTli:E OF tEARING



## ~~lc~~~~r:t

**~~:'~. M~••'~~**  

# =dv· a.eJ. El\hanCI! 

### til''

**~** Mlilnten1111ce 111 VM)

**Rll!l~l** tii!I)S : Amendments to J5 Ill

. Adin. Colle Part

**2~**

**.** Rll-12, 

### propasal of

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### ronme11~iij~'lK~

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**,** er 11, 2011 , at

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**MadtHisoun~m** nlstra· tlon 145, 1S7 

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**~** tile omee of ttl• ce 14- 1. A ccpy the SOil' '5

**~** N o· tlc8;

**~** Oplnkin and Order Is available for public

**tns~n** at l!tlii:I/WiV:'/.Ibctl.sbte

.ll

.usl

, the ctenrs bfflce1 Pollution COntrol Boanl, Su te 11·500, Junes R

. **Tho~** center, 100 West 

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**N;raryl...~~S** D WYJ111111 street. IWCII·

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**~GirarQ**

**~12.20.11**CertificateofPublicationinTHESTATEJOURNAL-REGISTERbyGateHouseMediaIllinoisHoldings,Inc.STATEOFILLINOISCOUNTYOFSANGAMONssGATEHOUSEMEDIAll..LINOISHOLDINGS,INC.,DOESHEREBYCERTIFY:ThatitisacorporationdulyorganizedandexistingunderthelawsoftheStateofIllinois;ThatitisthepublisherofTheStateJournal-Register,aseculardailynewspaperprintedandpublishedintheCityofSpringfield,inSangamonCounty,Illinois,andofgeneralcirculationinsaidCity,CountyandState;andthatitisanewspaperasdefinedin"AnActtorevisethelawinrelationtonotices"-IllinoisCompiledStatutes,Chapter715Sections1and5.Thatanoticeofwhichtheannexedisatruecopyhasbeenregularlypublishedinsaidnewspaperonetime;thatthefirstpublicationofsaidnoticewasontheninthdayofOctober,2011,andthelastpublicationthereofwasontheninthdayofOctober,2011,Thatthefaceoftypeinwhicheachpublicationofsaidnoticewasprintedwasthesameasthebodyoftypeusedintheclassifiedadvertisinginthenewspaperinwhichsaidpublicationwasmade;ThatsaidTheStateJournal-RegisterhasbeenregularlypublishedinsaidCity,CountyandStateforatleastoneyearPriortopublicationofsaidnotice.InWITNESSWHEREOF,saidGateHouseMedialliinoisHoldings,Inc.,publisherasaforesaid,hasexecutedthisCertificateofPublicationbyitsOfficerorAgentthereuntodulyauthorizedthisninthdayofOctober,2011.GATEHOUSEMEDIAILLINOISHOLDINGS,INC.Byti!HI!JITSVICEPRESIDENTPrinter'sFee$101.25No.11-2087ILLINOISPOLLUTION.CONTROLBOARDNOTICEOFHEARINGPublic:NoticeisherebygiventhatthePollutionControlBoardwillholdpublichearings;IntheMatb!rof:RevisionofEnhancedVehicleEmis&iortfn.spectfonandMain·tenanceli/MJRegulations:Amendments1035Ill.Adm.CodePart240,R12-12,proposaloftheIllinoisEnvf1011mentalProtect/onAgencytoamendtheBoa!tl'sAirPolfutionRegulations.Thefirsthearing·wiJIbeheldonThurn:lay,NoIII!ITiber17,2011,at9:00amattheJamesR.'ThompsonBuilding,100W.Randolph,Roam9·040,Chicago,IL.AsecondwJIIbeheldonWedni!Jday,NDvember30,2011,at9:00am,attheMadisonCountyAdministrationBuilding,Room145,157N.MainSt,(parkinglotatrearofbuilding),Edwa!tlsville,Illinois.ThehearingsaresubjecttocanceliatlonwithoutnoticeandmaybeconfirmedbycallingtheOfficeoftheClerkat312/614-3461.AcopyoftheBoard'sFirstNotice.Proposed·OpinionandOlderisavailableforpublicIn·spectlonathttp'//www.lpcb.stattheClerk'sOffice,PollutionControlBoard,Suite11-500,)amesR.ThompsonCenter,100WestRandolphStreet,Chicago,fllf.noisandattheLin·coinLibrary,326SouthSeventhStreet,Springfield,Illinois.G.TannerGirardChairman0 PUbliC NOIIC8 - - - IWNOP6 FOt:i:tii't>N

CONTROL BOARD

NOTICE OF HEARING Public Notice IS hereby giVen that the .

Pollution COntrol Boord will hold pub--

lic hearings ; In tile Matter of : RaVIslon

Of Enharn:ed VehiCle EmisSion lnspecHon and Maintenance (1 / M) Regula tions: Amendments to 35 111 . Adm .

Code Part 240, R12-12 , proposal af

the Illinois Environmental Protection

Agency to amend the Boo r d ' s Air Pol-

lution Regulolloos . The first hearing

Wlll be held on Thursddy. November

17 , 2011 , of 9 : 00am of 1he James

R. Thompson Building , 100 W . Randolph , Room 9-040 , Clllcago , IL. A

second will be held on Wednesday,

November 30, 2011 . ot 9:00 am. of

t he Madison County Administration

Building , Room 145, 167 N . Main

St ., (parking lot of rear of building) ,

Edwardsville , Illinois . The hearings

are subjeol to cancellatiOn wlthout notice and may be cooflrmed bV calllng

the Office of the Clerk at

3 1 2/814 - 3461. A copy of t he

Boord's First Notice , Proposed OpinIon and Order Is awlklble tor public

Inspection at

hltp:/ / www . lpcb . state . ll . us /, the

Cleli<'S omce, Pollution Control Boord ,

SUite 11 - 500, James R. Thompson

Center , 100 West Randolph street,

Chicago, Illinois and at the Galena

Public Lib r ary , 601 south BJ.C Ch

Street, Galena, lftlnols .

G . Tonner Glmrd Chairman 0

· CERTIFICATE OF PUBUCAnON
STATE OF ILLINOIS } ss County of Jo Daviess, ·

We do hereby certify that we are the publishers of

The Gazette, a secular weekly newspaper regularly
published in the City of Galena, County of Jo Daviess

and State of lllinois, for more than six months prior to

the first publication of attached notice, and of rneral
circulation in said county of Jo Daviess, S te of

Dlinois, that the affixed ?u b I ; <-- ! V o f, . , l

has been published for o n **~** successive week/s in

said **newspa ~**  the first insertion being on the !::.( **~**

day of ([) b **~** r , , ;; o II , and the last on

the r a. fiA., day of ()cfub -..; c t 0?, () /J 'for which

we charge$ . 3<6 . 9 S **~ o'ftt~**  & L <U.JG

K>""" Rusiness Manager

··----------- ---------- ·------------ - ---------- --·---------· -- ---- -- - ----- - .... **-----~----** 0

# CERTIFICATE OF PUBLICATION IN The News-Gazette

The undersigned, mE NEWS-GAZEITE, INC. by its authorized agent, does hereby certify that said corporation is the publisher of The News-Gazette and that the same is the daily secular newspaper of general circulation published in Champaign, Champaign County, illinois, and said newspaper is a newspaper as defined by 715 ILCS 515 (1992) and 715 ll.CS 10/1 (1992); said publisher further certifies that the annexed notice was published once each week for one consecutive week(s) in said newspaper, on the following date(s): 10/1112011

ILLINOIS POLLUTION CONTR

Said publisher further certifies that the date of the first paper containing the said notice was on the first date hereinabove set forth and that the date of the last paper continuing the said notice was on the last date hereinabove set forth.

The News-Gazette, Inc

. By:



# _i: **Pu""""bl~is~er=:t:i~f** .... 

# Th...Jfe~N~e~w..J.~

**!Ii::: G::s,az_e_Q~~**  **--C:::::._** __ _ _ _ _ 

## AUtftonied Agent

Publisher's fee $63.95 Ad# 1096384

# .... herein. Each Registry wll be available for public Inspection at

the office ol the VIllage Clerk durlrig oonnaJ business hOI.I'll of the Munlclp<y. The RegiStry wtl Include the name, address and telephone number of each Interested Person and, for organizations, the name end phone numb« of a designated contact person. Interested Parties wilt

**~** sent the following notices and

any other notices l'f!GUired under the Act with respect to the apptoable Redevelopment Project p.rea (and otherWise at IIOYol or hereafter required by the Actl : (1) pufSuant to Section 11-7 4.4·5(a) of the Act, notice of 

### the availability of a proposed redevelopment Dian and ellglbQtty report, lncludlng how to obbiln this lnformatlon; such notice will be sent by mail within a reason- able period of time after the adoption of the ordinance fixing the date, tlme 8/ld place for the pubUc hearlng for tfla propo,ed redevelopment plan; (li) pursuant to Section 11-74.4·5(8) of the Act, notice of

Changes to proposed rede'lelopi"rient plans that do not (1) add addltlorlal pareels

**of~roperty** to the proposed development project area, eubsfant!ally affect the

**neralland** uses proposed the redevelopment plan, sthstantlelly change the nature of or extend the life the redevelopment project or 14) Increase the num· ber of low or very loW Income households to be dlsDiac:ed from the redevelop"nent

**pr~** area. PfO\IIded !hat, measured from the time of creation of the

**r~** velopment oro1ect ansa the total glsplacement of Inhabited hoUseholds will exceed 10; and such notice will be sent by mall not later than 10

**dt~ys** following the Municipality's adoption by ordinance of such changes;

**~II)** pursuant to Section 11
- 74

. 4
-S(c) of the Act, notice of amendments to p[eVIously: approved redevelopment olans that do not (1) add aCidltkinal parcels of property to the redevelopment

**pr~ ~~~rea,**  (2) substaritldy affect the general larld US86 In the i8d'evelopme;nt P.Jan, (3) subst8ntlally change the nature of the redevelopment project, (4) Increase the total estimated redevel-

**nt** project costs set out In the

**redevelo~nt** an by more than 5% after adjustment for Inflation om tne date the plan was adopWd, (5) add additional redevelopment prOject costs to the Itemized Mst of re- develoP.fTlent p[pject costs set out In the nedevelop- "*'t plan. or (6) Increase the number of loW or V'!fY low InCome households to be displaced from the Re· development Project Area, provided that measured from the time of creation of the R&develoP.mant Project Area the total displacement of inhablteO househOlds will exceed to· and such notice wiD be sent by mall not later than 10 daYs following the Municipality's adoption by ordinance of such amelidment; Ov) pursuant to Section 11-74

.4
- 5 ld)(9) of the

**Act~.** for re-

development plans or projects that

**wo~** rBSlJII In the dlsolacement of residents from 10 or more Inhabited residential units or that contain 75 or more Inhabited residential units, notice of the availability of this Information, Including how to obtain the rep<?r"! 1 required by subsection (dl Of Section 11
- 7 4.4·5 of me Act" ana such notice WID be sent by mall within a reasonable per1od of time after completion of the certified audit re- port
. M Pursuant to Section 11-74

. 4-61e) of the Act , notice of

the prellmlnwy public meeting required under the Act for a

**pro~** Radavelopmtlflt Project Alea that will result ln t displacement of 10 or more Inhabited residential un s; aid suctl

**nolle~** will be sent by certtllad mall not le&a than 15 days before the date of such preliminary public meeting. ReQistratlon fDmJS can

V!lage Clerf< (611 N. Regfstratlon forms ties In p&n!OO or

**fo~** rtl!IYbe (but faxed. If you require

.. n.•

**:litlclnalln~c~~~~~ f~lea~**  the office of the VIllage 11

109625110111 Main Street. Urt>1111a, Ullnols, 61801, or with the representative, or both, on or before the date which Is six months from the

.date of the first publi- cation of this notice. Any claim not flied on or b&- fore that date· Is barred. Copies of a claim filed with the Clerk must be rnalled or delivered by the claimant to the repre- sentative and to the attorney within ten (1 0) days after it has been filed.

Dennis Buerkett and

Thomas E. Fiedler

Independent Co-AdmlnJstrators of the Estate of Morgan L. Buerketf 1096046 10111,18,25 ASSUMED NAME PUBUCATION NOTICE Public notice 1$ hereby t;iven that on September'30, 2011 a cer1111cate was filed In the Office of the County Clerk of Champaign Countv. IDinols, ilettlng forth tfle names lllld post office addresses of all the per- sons owrjng,c!lflductlhg, and

**tr~** the busl- ness known es Estes Graphloa located at 804 E. Washington, Urbana IL 61801. Gordy Hultan, CoUilty cterk 10952631014,11 , 18 ASSUMED NAME PUBLICATION NOTICE Public notice Is hereby

**Q.~­**

en that on October 06, 2011 a certificate was filed In tho Office of the County Cieri< of Champaign

. Comtv, Illinois, setflng forth tfle names and post office addresses Qf all the per- sons ownlng,conductlng, and transacting the busi- ness known as INtERNATIONAl. ACADEMIC SOLUTIONS located at i01 W. W!l!lhlngton, Urbana II. 81802

Public Notice Is hereby giv-

en that the Pollution Control Board will hold J1Ubllc

**heerl~~-ln** the Matter of: ReV18100 of Enhanced Vehicle Emission Inspec- tion 8lld Maintenance conlirKIIId nQ! column t behal1 of Jong Min Phlllph-Patel Petitioner 1093939 9127, 10/4, 11



## Clerical 604 

## Office Position Fine furniture store needs a full time office manager with some background In book
- keeping and data entry
. Mu•t be organiZed, mo- tivated ana

**exper1en~** In customer service to run a one person office. Salary starts at $22,000, non-smoking environment, excellent benefits, Including discounts on furniture. Please rep!y to Dept. 1637, c/o The

**N~Gazette,** P

. O

. Sox 

### 671, Champalon, IL 61824-uo77, or E'·mall

**res~me** with Dept. *1887 as the subject line to:

**blm~oa.a-gazelll.com**

# I

**~** 

## t l. 

# I CERTIFICATE OF PUBLICATION IN

Public Notices 599

The Gates Famllv Trust. the General Paftner of The Lombard Family Partnership Unknown Successor

Trustee of The Gates Family **Trust..~,_** the Genelal

. Partne r of 1 ne Lombard

· Family **o..~""'**



### unl<noWJl"'OWO'ei'S and

Nanrecord Claimants That this case has been

commenced In this Court IIQ8lnst you and other d&fendants, praying for the foreclosure of a certain Mortaage convevlna the prenilses clescrlbea as follows **to-~** UNIT 505 IN THE COUNTRY CLUB APARTMENT CONDOM INIUM AS DEUNEATEO ON SURVEY ATIACHED TO THE DECLARATION OF CONDOMINIUM RECORDED JANUARY 31, 2007 AS DOCUMENT 2007R 02515 AS AMENDED FROM TIME TO TIM!(
**TOGETH~** WITH It::. UNOMOED PERCEt.fT· AGE INTEREST IN THE COMMON ELEMENTS IN CHAMPA IGN COUNTY. conftluedr-..xt column 

# The 

# News-Gazette

Public Notices 599

IUJNOIS. COMMONLY KNOWN /I>S: 908 N
. **Br~~:':Ilveru** Urbana, ll01801 . and which Said Mortgage

was madeby: Gregory GatM executed

th9 mortgage, hoWever this lndiiikfual Is deceased and Is not named as a defendant In thl• lawsuit the Mortgaaons), to JPMorgan Chase Bank N.A., as **Mort~.** 8iid recorded In the Office of the Recordet of Deeds of Champaign County, wunois, as Document No
. 2007R12851; and for other relief; that slMTImons was duly Issued out of said Court against 

### ~:ar~~u~ now pending.

**NO~~** THEREFORE, UNLEo:» YOU file )'!lUf answer or other>Mse file your appearance In this case lri the Offlca of the Cieri< of this Court, Unda Frank CJerl( ofthe Circuit Court conilnuednut c:olutm 

## Public Notices 599
101 E
. Main Street Urbana , IL61801 

## ~ftt'~~~

BE crur:RED AGAINST YOU AT Ati'f TIME AF
- TER lliAT DAY AND A
**~ENT** MAY BE ENTERED IN ACCOR· DANCE WITH THE PRAYER Of SAID COMPL.Ait.fT

. COOIUS & ASSOCIATES,

P.C

. Attorneys for Plaintiff 15W030 North Frontage

Road , Suite 100 Burr **R~Jl-60527** 1630 } **79(..~00** OuPi 115170 WI oll531 Our F8e o. 14-11-29019 NOTE: This law tlrm Is

deemed to be • debt oollector
. 1379818 109493410/4, 11,18

IN THE CIRCUIT COURT Of THE SIXTH JUDICIAL

CIRCUIT CHAMPAIGN

COUNTY, IWNOIS IN RE: THE MARRIAGE OF

MARIA LETlCIA MICHEL BRAVq Petitioner,

N0:11-D·543 and SALVADOR DE LA TORRE Respondent NOTICE BY PUSYCATIQM 

## Publ ic Notices 599 (11M) Regulations: Amendments t6 35 IU Adm
. Code Part 240, R12-12 , proposal of the ftllnola · Eiwlronmental Protection **~~** to amend the BOard s Air Pollution Regulations. The tim llearlnQ w ll be held on Thursday, November 17, 2011 , at 9:00 am at the Jame$ R. **Thompsons~ .**  100 

### w

. **~.RoOm** g. 040, CNcago , IL A sec- ond will "be he ld on Wed116sday, November ._ __ _.. 30. 2011
. at 9 : 00am, 11 t the Madison **Cou~** mtnlstrf:lllon 

### au . . Room 145, 157 N

. M St
. . C oaridng lot at rear of buflding)...._ . Edwardsville, IWnols
. 'ne heat!nga are subject to cancellation wit/lout no tice and may be confirmed by calling the OffiGe of the Cler1< at 312/814-3461
. Acopyol the Board' s First N6tlce , Prooosed Opinion and Order Is aVailable for public **~ton** at ht1p:f/www .J pcb

.s- late.ll

.us/, the Cle11<'s Offlee, Pollution ContrOl Board, Suite 11-500, James R. ThomPSon Center , 100 West tumdolph Stree t , Chicago, IllinoiS and at the ChamP.Bign Public Llbrarv, 200 WeSt Green Street, Champaign , Ullnol!.

# Attachment 61 Notice of Proposed Amendments Illinois Register publication 35 Ill. Reg. 17178, Issue 44 October 28, 2011

# OFFI CE OF THE S ECRETARY OF STATE JESSE WHITE • 

### Secret ary of State
October 2 1 , 2011

POLLUTION CONTRO L BOARD JOHN THERRIAULT ASSISTANT CLERK 100 W RANDOLPH ST, STE 11-500 CHICAGO , IL 6060 1
Dear JOHN THERRIAULT ASSISTANT CLERK 

## ~eceavreo ClERK'S OFFICE



## OCT 2 5 2011 STATE OF 

### I LLINOIS Pollutio n Control 

### Board

Your rules Listed below met our codification standards and have been published in Volume 35, Issue 44 of the Illinois Register, dated 10/2 8/20 11. OTHER INFORMATIO N REQUIRED BY LAW TO BE PUBLISHED IN THE I LLINOIS REGI S T E R Notice of Publi c Information Point of Contact: Mike McCambridge PROPO SED R UL ES Mobile Sources 35 Ill. Adm. Code 240 Point of Contact: Nancy Miller RCRA and U IC Permit Programs 35 Ill. Adm. Code 702 Point of Contact: Mike M cCambridge U!C Pennit Program 35 Ill. Adm. Code 704 Point of Contact: Mike McCambridge Procedures for Permit Issuance 35 Il l. Adm. Code 705 Point of Contact: Mike McCambridge Underground Injection Control Operating Requirements 35 111

. Adm. Code 730 Point of Contact: Mike McCambridge 17488

17178

17190

17215

17256

17264


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

(217) 782- 7017. 

# R.tl.-{2__ 

# R t 

# l- 

# 14



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# Zf 

# 4? (1
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Index Department- Admini st rative Code D ivision- 111 East Monroe Springfield, IL 62756

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 1) Heading ofthe Part: Mobile Sources 2) Code Citation: 35 Ill. Adm. Code 240 3) 

### Section Numbers: 240.102 240.104 240.105 240.106 240.151 240.171 240.201 240.202 240.203 Proposed Action: Amend Amend Amend Amend Amend Amend New New New 4) Statutory Authority: Section 13C-20 ofthe Vehicle Emissions Inspection Law of2005 (625 ILCS 5/13C-20) and Sections 10, 27 and 28 ofthe Environmental Protection Act (415 ILCS 5/10, 27 and 28). 5) A Complete Description ofthe Subjects and Issues Involved: This proposal for public comment would amend Part 240 to reflect an amendment (P.A. 97-0106) to the Vehicle Emissions Inspection Law of2005 (VEIL of2005) (625 ILCS 5/13C). P.A. 97-0106 amends the VEIL of2005 by repealing the steady-state idle exhaust and evaporative system integrity emissions 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 (GVRW) between 8,501 and 14,000 pounds and any heavy-duty vehicles with a GVWR greater than 14,000 pounds from the requirements 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. P.A. 97-0106 makes other relatively minor changes and is effective February 1, 2012. The proposed amendments to Part 240 specify that the steady-state idle exhaust and evaporative system integrity inspection test standards are effective only through January 31, 2012. Also, the proposed amendments add visual inspection test standards that are effective beginning February 1, 2012 and add a definition of"visual inspection test." 

### RECEIVED 

## OCT l 4. 

## 2011 SOS -CODE DIV,

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS Finally, the proposed amendments make other minor changes consistent with the addition ofthe new visual inspection test standards. The Illinois Pollution Control Board (Board) is required by the VEIL of 2005 to adopt this proposal within 120 days after filing by the illinois Environmental Protection Agency (Tilinois EPA) (625 ILCS 5/13C-20). 6) Published studies or reports and sources ofunderlying data, used to compose this rulemaking: The Illinois EPA relied on various sources to compose this rulemaking. Copies ofthese sources are available for review with the Board and are listed below: 1. Clean Air Act (42 U.S.C. 7401 et seq.) 

### 2. ill. Pub. Act No. 97-0106 (July 14, 2011) (effective Feb. 1 , 2012) 3. 40 C.F.R. § 85.2222 (2010) 4. 

### Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection and Maintenance Program, 

### United States Environmental Protection Agency, Air and Radiation, June 2001. 5. Reinventing the Illinois JIM Program, 2005 Clean Air Conference, 

### James Matheny, Tilinois Environmental Protection Agency, Page 18, September 2005. 

### 6. VOC Reduction (TPD) in the Chicago NAAfrom Existing and Proposed JIM Programs, 2012-2020, 

### Sam Long, illinois Environmental Protection Agency, January 11, 2011. 7. VOC Reduction (TPD) in the Metro-East + Jersey NAAfrom Existing and Proposed JIM Programs, 2012-2020, 

### Sam Long, Illinois Environmental Protection Agency, January 11, 2011. 7) Will these proposed amendments replace an emergency rule currently in effect? No. 8) Do these amendments contain an automatic repeal date? No. 9) Do these proposed amendments contain incorporations by reference? No. 1

0) Are there any other proposed amendments pending on this Part? No. 11) Statement of Statewide Policy Objectives: These proposed amendments do not create or enlarge a state mandate as defined in Section 3(b) of the State Mandates Act. [30 ILCS

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 805/3]. 12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: The Board will accept written public comments on this proposal for a period of45 days after the date ofpublication in the Illinois Register. Comments should refer to docket R 12-12 and be addressed to: Clerk's Office Illinois Pollution Control Board 100 W. Randolph St., Suite 11-500 Chicago , IL 60601 Interested persons may request copies ofthe Board's opinion and order in R12-l 0 by calling the Clerk's office at 312-814-3620 , or may download copies from the Board's Web site at www.ipcb.state.il.us. For more information, contact hearing officer Daniel Robertson at 312/ 814-6931 or e-mail robertsd@ipcb.state.il.us. 13) Initial Regulatory Flexibility Analysis: A) Types of small businesses, small municipalities and not for profit corporations affected: Any small business, small municipalities, or not-for-profit corporations that own or operate a vehicle subject to emissions inspection could be affected by the proposed amendments. B) Reporting, bookkeeping or other procedures required for compliance: The proposal does not require reporting or bookkeeping. The proposal requires compliance with new visual inspection test standards and use ofnew inspection procedures established in 35 

### TIL Adm. Code Part 276 related to these new standards. C) Types ofProfessional skills necessary for compliance: No professional skills beyond those currently required by the rule are expected to be necessary. 14) Regulatory Agenda in which these amendments were summarized: July 2011. The full text ofthe Proposed Amendment begins on the next page:

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER k: EMISSION STANDARDS AND LIMITATIONS FOR MOBILE SOURCES

Section 240.101 240.102 240

. 103 240.104 240.105 240.106 240.107

Section 240.121 240.122 240.123 240.124 240

. 125 PART240 MOBILE SOURCES SUBPART A: DEFINITIONS AND GENERAL PROVISIONS

Preamble Definitions Prohibitions Inspection Penalties Determination ofViolation Incorporations by Reference SUBPARTB: EMISSIONS

Smoke Emissions Diesel Engine Emissions Standards for Locomotives Liquid Petroleum Gas Fuel Systems Vehicle Exhaust Emission Standards (Repealed) Compliance Determination (Repealed) SUBPART C: SMOKE OPACITY STANDARDS AND TEST PROCEDURES FOR DIESELPOWERED HEAVY DUTY VEHICLES Section 240.140 240.141 Applicability Smoke Opacity Standards and Test Procedures for Diesel-Powered Heavy Duty Vehicles SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS Section 240.151 Applicability

### 240.152 240.153 ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS Steady-State Idle Mode Vehicle Exhaust Emission Standards Compliance Determination SUBPART E: TRANSIENT LOADED MODE TEST EMISSION STANDARDS Section 240.161 240

. 162 240.163 240.164 240.165

Section 240.171 240.172 240.173 Applicability (Repealed) Vehicle Exhaust Emission Start-Up Standards (Repealed) Vehicle Exhaust Emission Final Standards (Repealed) Vehicle Exhaust Emission Fast-Pass Standards (Repealed) Compliance Determination (Repealed) SUBPART F: EVAPORATIVE TEST STANDARDS
Applicability Evaporative System Integrity Test Standards Evaporative System Purge Test Standards (Repealed) SUBPART G: ON-ROAD REMOTE SENSING TEST EMISSION STANDARDS Section 240.181 240.182 240.183

Section 240.191 240.192 240.193

Section Applicability On-Road Remote Sensing Emission Standards Compliance Determination SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS
Applicability On-Board Diagnostic Test Standards Compliance Determination SUBPART I: VISUAL INSPECTION TEST STANDARDS

240.201 Applicability 240.202 Visual Inspection Test Standards 240.203 Compliance Determination 240.APPENDIX A Ru1e into Section Table

### 240.APPENDIX B 240.TABLEA 240.TABLEB 240.TABLEC ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS Section into Rule Table Vehicle Exhaust Emission Start-Up Standards (Repealed) Vehicle Exhaust Emission Final Standards (Repealed) Vehicle Exhaust Emission Fast-Pass Standards (Repealed) AUTHORITY: Implementing Sections 9 and 10 and authorized by Sections 27 and 28_ofthe Environmental Protection Act [415 ILCS 5/9, 10, 27, and 28] and Section 13C-20 of the Vehicle Emissions Inspection Law of2005 [625 ILCS 5/BC-20. SOURCE: Adopted as Chapter 2: Air Pollution, Part VII: Mobile Sources, filed and effective April 14,**1972~** 

### codified at 7 Ill. Reg. 13628; amended in R85-25, at 10 Ill. Reg. 11277, effective June 16, 1986; amended in R90-20 at 16 lll. Reg. 6184, effective April 7, 1992; amended in R94- 20 at 18 lll. Reg. 18013, effective December 12,**1994~** 

### amended in R94-19 at 18 lll. Reg. 18228, effective December 20, 1994; amended in R98-24 at 22 Ill. Reg. 13723, effective July 13, 1998; expedited correction at 22 

### ill. Reg. 21120, effective July 13, 1998; amended in R01-12 at 24 Ill. Reg. 19188, effective December 18, 2000; amended in R01-8 at 25 Ill. Reg. 3680, effective February 26, 2001; amended in R02-8 at 25 Ill. Reg. 16379, effective December 18, 2001; amended in R11-19 at 35 Ill. Reg. 5552, effective March 18, 2011; amended in R12-12 at 36 Ill. Reg. effective

__ _ BOARD NOTE: This Part implements the Environmental Protection Act as ofJuly 1, 1994. NOTE: Capitalization denotes statutory language. SUBPART A: DEFINTIONS AND GENERAL PROVISIONS 

### Section 240.102 Defmitions All terms that appear in this Part have the definitions specified in this Section, the Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C], and 35 lll. Adm. Code 201 and 211. When conflicting definitions occur between this Section and 35 

### TIL Adm. Code 201 or 211, the definitions ofthis Section apply in this Part. "Agency" means the Illinois Environmental Protection Agency. "Diesel engine" means all types ofinternal-combustion engines in which air is compressed to a temperature sufficiently high 

### to ignite fuel injected directly into the cylinder area. "Diesel locomotive" means a diesel engine vehicle designed to move cars on a

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS railway. "Evaporative system integrity test" means a test of a vehicle's evaporative system. The test shall either consist of a leak check of a vehicle's fuel cap with a fuel cap pressure decay tester (fuel cap pressure decay test), a fuel cap leak flow tester (fuel cap leak flow test), or a visual functional check, as applicable. "Fuel cap" means a device used to seal a vehicle's fuel inlet. "Fuel cap leak flow test" means a test which may be 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 this Part. "Fuel cap leak flow 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 of this Part. "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 ten 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 ofthis**P~.** 

### "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle. "Heavy duty vehicle" means any motor vehicle rated at more than 8500 pounds GVWR or that has a vehicle curb weight ofmore than 6000 pounds or that has a basic vehicle frontal area in excess of 45 square feet. "High idle" means a vehicle operating condition with engine disconnected from

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS

an extemalload (placed in either neutral or park) and operating at speed of 2500 ±300RPM. "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

. "Light duty truck 1" means a motor vehicle rated at 6000 pounds maximum GVWR or less and which has a vehicle frontal area of 45 square feet or less, and which is designed primarily for purposes oftransportation ofproperty or is a derivation of such a vehicle, or is designed primarily for transportation ofpersons and has a capacity ofmore than 12 persons, or is available with special features enabling off-street or off-highway operation and use. "Light duty truck 2" means a motor vehicle rated between 6001 and 8500 pounds maximum GVWR and which has a vehicle frontal area of45 square feet or less, and which is designed primarily for purposes oftransportation ofproperty or is a derivation of such a vehicle, or is designed primarily for transportation ofpersons and has a capacity ofmore than 12 persons, or is available with special features enabling off-street or off-highway operation and use. "Light duty vehicle" means a passenger car or passenger car derivative capable of seating 12 passengers or fewer. ''Measured values" means five-second running averages of exhaust emission concentrations sampled at a minimum rate of twice per second. "Model year" means the year ofmanufacture of a motor vehicle based upon the annual production period as designated by the manufacturer and indicated on the title and registration ofthe vehicle. If the manufacturer does not designate a production period for the vehicle, then "model year" means the calendar year of manufacture. ''Motor vehicle" as used in this Part, shall have the same meaning as in Section 1- 146 ofthe Illinois Vehicle Code [625 ILCS 5/ 1-146]

.

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS "Opacity" means the percentage of light transmitted from a source that is prevented from reaching a light detector. "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 failures caused by improper or insufficient warm-up. "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 immedi ately following an initial idle mode failure. "Snap-acceleration test" means a test to measure exhaust smoke opacity from heavy-duty diesel powered vehicles in accordance with the SAE 11667 procedure, incorporated by reference at Section 240.107 ofthis Subpart. "Steady-state idle test" means a vehicle emission test procedure consisting of an initial idle mode measurement ofexhaust emissions followed, ifnecessary, by a loaded or-high idle preconditioning mode and a second-chance idle mode. "Vehicle curb weight" means the actual vehicle weight plus standard equipment and a full fuel tank. "Visual inspection test" means a visual examination of a vehicle's malfunction indicator lamp (MIL) consisting of verifying the status of the MIL 

### in the keyon/engine offposition followed by verifying the status ofthe MIL in the keyon/engine on position to determine the status ofthe MIL and existence of an emission related malfunction with the vehicle. (Source: Amended at 36 Til. Reg. effective**---- ~** **-- --~**  

### Section 240.104 Inspection a) All motor vehicles subject to inspection pursuant to Section 13C-15 of the Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C-15] shall comply with applicable vehicle emission standards contained in Sections 240.152, 240.172, 240.182, afld-240.192, and 240.202 of this Part.

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS b) All diesel-powered vehicles subject to inspection pursuant to Section 13-109.1 of the illinois Vehicle Code [625 ILCS 5/ 13-109.1] must comply with applicable smoke opacity standards set forth in Section 240.141(a) ofthis Part. (Source: Amended at 36 ill. Reg.

__ _, effective

___ __/ 

### Section 240.105 Penalties a) Any violations of Sections 240.103,240.121, 240.122, or 240.123 ofthis Part shall be subject to the penalties as set forth in Section 42 ofthe Act [ 415 ILCS 5/42]. b) Any violations of Sections 240.1 04(b), 240.152, 240.172, 240.182, et:-240.192, or 240.202 of this Part, as applicable, shall be subject to the penalties as set forth in Sections 13C-55 and 13C-60 ofthe Vehicle Emissions Inspection Law [625 ILCS 5/13C-55 and 13C-60]. c) Any violation of Section 240.141(a) ofthis Part will be subject to penalties as set forth in Section 13-109.1 ofthe Illinois Vehicle Code [625 ILCS 5/ 13-109.1]. (Source: Amended at 36 Til. 

### Reg

. ___ , effective

__ __, 

### Section 240.106 Determination of Violation a) Any violations of Sections 240.103, 240.121, 240.122, or 240.123 ofthis Part shall be determined by visual observation or by a test procedure employing an opacity measurement system as qualified by 35 Ill. Adm. Code 201, Subpart J. 

### b) Any violations of Sections 240

. 152, 240.172, 240.182, et:-240.192, or 240.202 of this Part, as applicable. shall be determined in accordance with test procedures adopted by the Agency in 35 Ill. Adm. Code 276. c) Any violation of Section 240.141(a) of this Part will be determined in accordance with test procedures set forth in Section 240.141 (b) ofthis Part. (Source: Amended at 36 Ill. Reg.

___ , effective

__ __, SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS 

### Section 240.151 Applicability

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS

This Subpart is effective through January 31, 2012. The standards ofthis Subpart apply to those vehicles identified in subsection 13C-25(d) ofthe Vehicle Emissions Inspection Law of2005. (Source: Amended at 36 Ill. Reg.

__ _7 

### effective------' SUBPART F: EVAPORATIVE TEST STANDARDS 

### Section 240.171 Applicability This Subpart is effective through January 31, 2012. The standards of this Subpart apply to those vehicles identified in subsection 13C-25(d) ofthe Vehicle Emissions Inspection Law of2005 (Source: Amended at 36 

### TIL Reg.

_ __ , effective

___ _, SUBPART I: VISUAL INSPECTION TEST STANDARDS 

### Section 240.201 Applicabilitv This Subpart is applicable beginning February 1, 

### 2012. The standards of this Subpart apply to those vehicles tested pursuant to subsection 13C-25(h) of the Vehicle Emissions Inspection Law of2005. (Source: Added at 36 Ill. Reg.

__ _7 

### effective

___ __, 

### Section 240.202 Visual Inspection Test Standards Vehicles subject to visual inspection testing shall fail the visual inspection test if the MIL does not illuminate in the key-on/engine offposition or continuously illuminates in 

### the key-on/engine on position. (Source: Added at 36 Ill. Reg.

___ , effective

___ _, 

### Section 240.203 Compliance Determination Compliance shall be determined based upon a visual examination of the MIL using the visual inspection test procedures adopted by the Agency in 35 ill. Adm. Code 276. (Source: Added at 36 Ill. Reg.

___ , effective

___ _,

# Attachment 62 Prefiled Testimony of Michael Hills dated November 2, 2011

### BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: REVISION OF ENHANCED VEHICLE EMISSION INSPECTION AND MAINTENANCE (I/M) REGULATIONS: AMENDMENTS TO 35 ILL. ADM. CODE 240 ) ) ) ) ) ) ) 

### R12-12 (Rulemaking- Air)

NOTICE TO: John Therriault, Clerk Illinois Pollution Control Board James R. Thompson Center 100 West Randolph, Suite 11-500 Chicago, Illinois 6060 1 Matthew Dunn , Chief Division ofEnvirorunental Enforcement Office ofthe Attorney General James R. Thompson Center 69 West Washington, Suite 1800 Chicago, Illinois 60602 Virginia Yang, Deputy Legal Counsel Illinois Department ofNatural Resources One Natural Resources Way Daniel Robertson Hearing Officer Illinois Pollution Control Board 100 W. Randolph St., Suite 11-500 Chicago, Illinois 60601 Springfield, IL 62702-1271

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control Board the TESTIMONY OF MICHAEL HILLS of the Illinois Envirorunental Protection Agency, a copy of which is herewith served upon you.

DATED: November 2, 2012 1



### 021 N. Grand Avenue East P.O. Box 19276 Springfield , Illinoi s 62794

- 9276 (217) 78 2-5544 (217) 782-9143 (TDD) Respectfully submitted, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By: /s/ Kent E. Mohr Jr. Kent E. 

### Mohr Jr. Assistant Counsel Divi s ion of Legal Counsel

### BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: REVISION OF ENHANCED VEHICLE EMISSION INSPECTION AND MAINTENANCE (liM) REGULATIONS: AMENDMENTS TO 35 ILL. ADM. CODE 240 ) ) ) ) ) ) ) 

### R12-12 

### (Rulemaking- Air)

TESTIMONY OF MICHAEL HILLS My name is Michael Hills and I am an engineer with the Technical Services Section ofthe Illinois Vehicle Inspection and Maintenance Program (I/M Program) at the Illinois Environmental Protection Agency (Agency). After completing my bachelor's degree in Industrial Engineering with the University of Illinois in 1989 , I joined the Agency. I have been employed by the Agency ever since and have been involved in the development and implementation ofthe I/M Program since 1994.

In July of2011 , the Illinois General Assembly amended the Vehicle Emissions Inspe ction Law of2005 (VEIL of2005) (625 ILCS 5/13(C)) through Illinois Public Act (P.A.) No. 97

- 0106 , which requires the Agency to optimize th e liM Program to continue to meet the Fe deral C lean Air Act (CAA) inspection and maintenance requirement in a more cost

- effective manner. As a result, the Agency designed a test program that minimiz es co sts and improves cons umer acceptance by focusing on the fleet of vehicles that will exist in the 2012 through 2020 time
period

. At thi s time , the Agency propo se s to revise the emissions standards contained in 35 Ill. Adm. Code Patt 240 to corre spond with the VEIL of2005 as amended through P.A. 97-0106.

### Specifically, P.A. 97-0106 sunsets the steady-state idle mode exhaust (steady-state idle) and evaporative system integrity (gas cap) tests beginning February 1, 20 12; exempts pre-2007 model year heavy-duty vehicles with gross vehicle weight rating (GVWR) between 8 ,5 01 and 14,000 pounds and all heavy-duty vehicles with GVWR greater than 14 ,0 00 pounds as of February 1, 20 12; and adds a visual inspection test for vehicles where on-board diagnostic (OBD) testing is not possible due to the vehicle's design.

As stated previously, the Illinois General Assembly amended the VEIL of2005 through P.A. 97- 0106, which repeals the steady-state idle and gas cap emissions tests effective February 1, 2012. Therefore , the Agency will be prohibited from using these tests after January 31, 2012. The vast majority of vehicles subject to these tests are pre-2007 model year heavy duty vehicles between 8,501 and 14,000 pound GVWR and all heavy-duty vehicles with GVWR greater than 14 ,00 0 pounds as they were not required to be equipped with OBD. Therefore, the Illinois General Assembly has exempted these vehicles from the emissions test requirement in Illinois. This rulemaking implements P .A. 97-01 06 by proposing to suns et the steady-state idl e and gas cap
test standards. The decision to eliminate these tests was based on modeling projections showing

negli gible emission reduction benefits, a declining subject vehicle fleet, and significant lon gtem1 costs for continued use ofthese test procedures. Also, federal regulations allow states to
vary the model year and vehicle type coverage in their programs.

Currently, less than 3% ofthe vehicle tests in Illinois are steady-state idle exhaust/gas cap tests. In addition, st arting with the 2007 model year, h eavy- duty vehicl es with a GVWR of less than 14 ,000 are required to be equipped with OBD technolo gy, and will receive the OBD test instead of the idle/gas cap test. As a result, the projected number of steady

- state idle exhaust/gas cap
2

### tests conducted in Illinois is expected to fall to less than 1% by 2015. The steady-state idle exhaust/gas cap tests and standards are no longer economically reasonable inthe Illinois I/M Program given the additional capital and operating costs when only I% of the fleet will be subject to this type of testing.

Modeling projections of the expected Illinois fleet for 2012 show that approximately 90% ofthe volatile organic compound (VOC) reductions would come from OBD equipped vehicles. In addition, the loss in VOC reductions will be 0.00 tons per day for the projected calendar year range of2012 through 2020 in both the Chicago and Metro-East non-attainment areas. Given the fact that the steady

- state idle exhaust/gas cap tests are only used on pre-2007 model year, nonOBD equipped vehicles (a small and diminishing portion ofthe vehicles subject to testing in the future), are not required by federal law or regulations where the OBD test is utilized, and that the
cost was significantly higher than OBD testing , the Illinois General Assembly decided 

### it was technically feasible and economically reasonable to eliminate the requirement for any steadystate idle exhaust/gas cap testing in the Illinois liM Program. My Technical Support Document, filed with this m1emaking, explains the rationale to sunset the steady-state idle and gas cap emissions tests in more detaiL

The main change that this rulemaking proposes to make to implement P .A. 97-01 06 is to sunset all Subpart D (Steady-State Idle Mode Test Emission Standards) and Subpart F (Evaporative Test Standards) contained in 35 Ill. Adm. Code 240, beginning February I, 2012

. The addition ofthe visual inspection test is necessary to handle certain vehicl es that are equipped with OBD technology, but for which OBD testing is not possible due to the vehicle's design. The

3

### new visual inspection test created and allowed by P .A. 

### 97-0106, will provide motorists with the

same flexibility they received through the steady-state idle and gas cap tests in the current Illinois I/M Program. Specifically, the visual inspection test will be used only on vehicles for which OBD testing is not possible due to the vehicle's originally certified design or its design as modified in accordance with federal law and regulations , and on any vehicle with known OBD communications or software problems, as determined by the Agency. Without this fallback test, these vehicles would not be able to pass an OBD test and the motorist would have no means of correcting the problem and renewing the vehicle's registration. Not having this 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 te st and will develop a list of such vehicles. Any vehicle that does not appear on this list will not be eligible for the visual inspection test and will need to comply with the full OBD inspection

.

In order to pass the visual inspection test, the MIL must illuminate during the key

- on/engine off check and not illuminate during the key-on/engine on check. Therefore, the Agency is proposing

as its visual inspection test standards that vehicles shall fail the visual inspection ifthe MIL does
not illuminate in the key-on/engine offposition or continuously illuminates in the key-on /engine

on position.

The visual inspection test standards are based on long- standing practice within the I /M community and federal law. The "key

- on/engine off' check verifies tha t the malfunction

4

### indicator lamp (MIL) bulb is functioning properly. Without a properly functioning bulb, the motorist would never be alerted when the OBD system detects potential problems with the vehicle's emissions control equipment. The "key-on/engine on" check verifies that there are no fault codes stored on the vehicle's OBD system which would require the illumination of the MIL. The OBD system stores fault codes whenever it detects possible problems with the vehicle's emissions control equipment, and are used by repair technicians to help identify areas
to focus on during repairs. For the foregoing reasons, the proposed visual inspection test standards are technically feasible.

The addition ofthe visual inspection test will not require any new test equipment and therefore will not incur any additional costs to the State or motorists. Therefore, the proposed visual inspection test standards are economically reasonable.

In summary, with this rulemaking, the Agency is updating the vehicle emissions test standards contained in 35 Ill

. Adm. Code 240 to correspond with the VEIL of2005 as amended by the Illinois General Assembly through P .A. 97-0 106. These changes will allow the State of Illinois
to continue to meet the CAA liM requirement with a modernized and streamlined I /M Program.



### 5

### STATE OF ILLINOIS COUNTY OF SANGAMON ) ) ) 

# ss

CERTIFICATE OF SERVICE I, the undersigned, an attorney, state that I have served electronically the attached TESTIMONY OF MICHAEL HILLS upon the following persons: John Therriault, Clerk Illinois Pollution Control Board James R. Thompson Center 100 West Randolph St., Suite 11-500 Chicago, Illinois 6060 

### 1

Virginia Yang, Deputy Legal Counsel Illinois Department ofNatural Resources One Natural Resources Way Springfield, IL 62702-1271 virginia.yang@illinois"gov

DATED: November 2, 2011 1021 

### N. Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 (217) 782-5544 Matthew Dunn, Chief Division of Environmental Enforcement Office ofthe Attorney General James R. Thompson Center 69 West Washington, Suite 1800 Chicago, Illinois 60602**n1dunn(ma~~tate.il.us** 

### Daniel Robertson Hearing Officer Illinois Pollution Control Board 100 

### W. Randolph St., Suite 11-500 

### Chicago, Illinois 60601**robertsd~V,ipcb.state.il.us**



### ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By: Is! 

### Kent E. Mohr Jr. Kent E. Mohr Jr. Assistant Cotmsel Division of Legal Counsel

# Attachment 63 Record of Hearing held November 17, 2011 (Pages 1-2, 16; full transcript omitted)Page 1 

### ILLINOIS POLLUTION CONTROL BOARD IN THE MATTER OF: R12-12 REVISION OF ENHANCED VEHICLE EMISSIONS INSPECTION AND MAINTENANCE (I/M) REGULATIONS

. AMENDMENTS TO 35 ILL. ADM. CODE PART 240 (RulemakingAir

REPORT OF THE PRO CE EDINGS held i n the above entitled cause before Hearing Officer Daniel Robe r tson, called by the Illinois Pollution Contro l Board, taken by Stev en Brickey, CSR, for the State of Illinois, 100 West Randolph Street, Chicago, Illinois, on the 17th day of November, 2011 , commencing at the hour of 9:00 a.m.

L

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

### ( 

## A P P E A R A N C E S
MR. DANIEL ROBERTSON, Hearing Officer MR. ANAND RAO ·MS. DEANNA GLOSSER

MS. CARRIE ZALEWSKI MR. THOMAS JOHNSON MR. G. 

## TANNER GIRARD MS. JENNIFER BURKE

ALSO PRESENT: MR. KENT MOHR

REPORTED BY: MR. STEPHEN THORPE MR. MICHAEL HILLS

Steven J. Brickey, CSR CSR License No. 084-004675 Page 2



## L.A. COURT REPORTERS, LLC. (312) 419-9292Pag e 16 

### STATE OF ILLINOIS 

## ss. COUNTY OF COOK

I, Steven Brickey, Certified Shorthand Reporter , do hereby certify that I reported in shorthand the proce edings had at the tria l aforesaid, and that the foregoing is a true,
com plete and correct transcript of the proceedings of said tria l as a ppears from my stenographic notes so taken and transcribed under my personal direction. Witness my official signature in and for Cook County, Illinois, on this



### ~ 

# J fl

**Nv~lJa** h;, I A.D. I 

### 2010. day of

8 West Monroe Street Suit e 2007 Chicago, Illinois 60603 Phone: (312) 419-9292 CSR No

. 084-004675



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

# Attachment 64 Exhibit from Hearing held November 17, 2011 Testimony of Michael Hills (Omitted, see Attachment 62)

# Attachment 65 Record of Hearing held November 30, 2011 (Pages 1-3, 8; full transcript omitted)/ 

### !. Page 1 

### BEFORE THE ILLINOIS POLLUTION CONTROL BOARD IN THE MATTER OF : R

EVISION OF ENHANCED VEHICLE EMI SSION INSPECTION AND MAINTENANCE (IM) REGULATIONS: AMENDMENTS TO 35 ILL. ADM

. CODE PART 240 ) ) ) ) )

. ) ) 

### No. R12-1 2

**~!E~EHVED**

CLER K'S OFFICE



## DEC 0

**~** 

## 2011 STATE OF ILLINOIS

**~oll tion**  Control 

### Board 

### TRAN SCRIPT FROM THE PRO CEEDINGS taken before the HEARING OFFICER DANIEL ROBERTS O N by DEBRA L. BURRIS 1 

### IL CSR 1 

### MO CCR 1 

### a notary public within and for the County of St. Clair and State of Illinois/ at the Madison County Administration Building/ 157 North Mai n Street/ Edwardsvi lle/ Illin ois / on the 30th day of November/ 2011/ A.D./ at 9:00 o ' clock a.m.1
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### A P P E A R AN C E S:

ILLINOIS POLLUTION CONTROL BOARD 100

. West Randolph Street Suite 11-500 Chicago, Illinois 60601 (312) 814-6983 BY : MR. DANIEL ROBERTSON Page 2



### ILLINOIS POLLUTION CONTROL BOARD MEMBERS PRESENT: Ms. Jennifer Burke, Board Member Mr. Thomas Holbrook, Chairman

ILLINOIS ENV IRONMENTAL PROTECTION AGENCY, 1021 North Grand Avenue East P.O

. Box 192 76 Springfield, Illinois 62794

- 9276 (217) 782-5544 BY: KENT E. MOHR, JR

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### A P PEAR AN C E S : (Continued)

Mr. Stephen W. Thorpe, IEPA Manager, compliance Assurance Division of Mobile Source Programs, Bureau of Air

Mr. Michael Hills, IEPA Technical Services Vehicle Inspection and Maintenance



### I N D E X PAGES Introduction by Hearing Officer Robertson

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### REPORTER'S CERTIFICATE
I, DEBRA L. BU RRIS, CSR, CCR, do hereby state that I am a court reporter doing busi ness in the City of Edwardsville, county of St. Clair, and State of Illinois; that I reported by means of machine shor thand the proceedings held in the foregoing cause, and that the foregoing is
a true and correct transcript of my shor thand notes so taken as aforesaid

.

Debra L

. Burris, CSR, CCR Nota ry Public, St. Clair County, Illinois

# Attachment 66 Final Order, Adopted Rule Opinion and Order of the Board by J.A Burke dated January 5, 2012

### ILLINOIS POLLUTION CONTROL BOARD January 5, 2012 IN THE MATTER OF: REVISION OF ENHANCED VEHICLE EMISSION INSPECTION AND MAINTENANCE (I/M) REGULATIONS: AMENDMENTS TO 35 ILL. ADM. CODE PART 240 ) ) ) ) ) ) ) R12-12 (Rulemaking - Air)

Adopted Rule. Final Opinion and Order. OPINION AND ORDER OF THE BOARD (by J.A. Burke): The Board today adopts amendments to Part 240 of its air pollution regulations, which establishes emission standards and limitations for mobile sources. 35 Ill. Adm. Code 240. These amendments will become final upon filing with the Secretary of State. On October 3, 2011, the Illinois Environmental Protection Agency (Agency) filed a rulemaking proposal pursuant to Sections 10, 27 (excluding subsection (b)) and 28 of the Illinois Environmental Protection Act (Act) (415 ILCS 5/10, 27 and 28 (2010)), Sections 102.200 and 102.202 of Title 35 of the Illinois Administrative Code (35 Ill. Adm. Code 102.200, 102.202 (2010)) and Section 13C-20(a) of the Vehicle Emissions Inspection Law (VEIL) of 2005 (625 ILCS 5/13C-20(a) (2010)). The Agency proposed to sunset the steady-state idle and evaporative system integrity test standards used in the Illinois enhanced vehicle inspection and maintenance program for the Chicago and Metro-East St. Louis nonattainment areas. Pursuant to Section 13C-20(a) of the VEIL of 2005, Section 27(b) of the Act (415 ILCS 5/27(b) (2010)) and the rulemaking provisions of the Illinois Administrative Procedure Act (5 ILCS 100/1-1 et seq. (2010)) do not apply to rules adopted by the Board under this subsection. 625 ILCS 13C-20(a) (2010). Additionally, the VEIL of 2005 requires the Board to adopt rules within 120 days of the Agency proposal. Id. In this opinion and order, the Board first provides the procedural history and legal background of this rulemaking. The Board then summarizes the Agency’s proposal and the Agency’s pre-hearing comment. Next, the Board addresses the technical feasibility and economic reasonableness of the proposal. The opinion concludes with a summary of the adopted rules on a section-by-section basis and the Board’s conclusion. The order that follows directs the Clerk to provide publication of the adopted rules in the Illinois Register

. PROCEDURAL HISTORY On October 3, 2011, the Agency filed its rulemaking proposal, accompanied by, among other documents, a motion for waiver of copy requirements, a statement of reasons (SR) and a technical support document (TSD).

### 2
On October 6, 2011, the Board accepted the rulemaking proposal for hearing and directed the Clerk to publish the proposal in the Illinois Register for public comment. This notice appeared in the Illinois Register on October 28, 2011. 35 Ill. Reg. 17178 (Oct. 28, 2011). In its October 6, 2011 order, the Board also granted the Agency’s motion for waiver of copy requirements. In an October 6, 2011 order, the hearing officer scheduled two hearings. The first hearing was set to take place on November 17, 2011 in Chicago and the second hearing was set to take place on November 30, 2011 in Edwardsville. The hearing officer order included a prefiling deadline for the first hearing of November 4, 2011 and for the second hearing of November 28, 2011. On November 2, 2011, the Agency filed the prefiled testimony of Michael Hills (Test.) for the first hearing. On November 3, 2011, the Joint Committee on Administrative Rules (JCAR) submitted five stylistic, non-substantive changes to the Agency’s proposal. The first hearing took place as scheduled on November 17, 2011 and the hearing officer entered Mr. Hills’ testimony as Exhibit 1 to the proceeding. The transcript for the first hearing was received by the Board on November 21, 2011 (Tr.). The second hearing took place November 30, 2011. No prefiled testimony was received and no exhibits were entered. The Board received the transcript of the second hearing on December 1, 2011. At the second hearing, the hearing officer set a post-hearing comment deadline of December 14, 2011. No post-hearing comments were filed. LEGAL BACKGROUND Background Statement of Facts The Agency states that Section 182 of the Clean Air Act (CAA) requires the implementation of vehicle inspection and maintenance (I/M) programs in areas not meeting the National Ambient Air Quality Standards (NAAQS) for ozone. SR at 3, citing 42 U.S.C. § 7511a (2010). The 1977 CAA amendments required vehicle I/M programs in areas with long standing air quality problems. SR at 3, citing 57 Fed. Reg. 52950, 52951 (Nov. 5, 1992). The 1990 CAA amendments expanded the role of I/M programs as an attainment strategy and mandated the use of “basic” or “enhanced” I/M programs, as well as requiring the United States Environmental Protection Agency (USEPA) to develop different performance standards for these two programs. Id. The Agency states that basic I/M programs are required in “marginal” ozone nonattainment areas with existing I/M programs and in “moderate” ozone nonattainment areas. SR at 3, citing 42 U.S.C. § 7511a. The Agency further states that enhanced I/M programs are

### 3 required in “serious,” “severe” and “extreme” ozone nonattainment areas with urbanized populations of 200,000 or more. Id. The Agency states that Illinois includes two nonattainment areas: “the Chicago metropolitan area which was classified as “severe” under the revoked 1-hour ozone standard and is now classified as “moderate” under the 1997 8-hour standard; and the Metro-East St. Louis are which was redesignated to attainment of the 1-hour standard and is now classified as “moderate” nonattainment for ozone under the 1997 8-hour standard.” SR at 3, citing 40 C.F.R. § 81.314 (2010). The Agency notes that, although enhanced I/M was not required in the Metro-East St. Louis nonattainment area, Illinois opted to implement there as an element of its strategy to attain the ozone standard. SR at 3-4. The Agency states that the “USEPA I/M regulations require the adoption by states of standards that result in a reduction of vehicle emissions through testing procedures meeting, or exceeding, the amount of emissions that would be reduced if its ‘model’ I/M program design was implemented.” SR at 4, citing 57 Fed. Reg. at 52951. The USEPA further requires certain design elements to be a part of any enhanced I/M program, but allows states to vary certain design elements and program inputs as long as the plan achieves the same or greater reductions in emissions than those required by the USEPA’s applicable performance standard. SR at 4, citing 57 Fed. Reg. at 52953. The Agency states that the enhanced performance standard requires the following program elements: (1) network type, (2) required start date, (3) annual test frequency, (4) model year coverage, (5) vehicle type coverage, (6) exhaust emission test type, (7) emission standards, (8) emission control device inspections, (9) evaporative system function checks, (10) stringency or failure rate, (11) waiver rate, (12)compliance rate and (13) evaluation date. SR at 4, citing 40 C.F.R. § 51.351 (2010). As part of this standard, on-board diagnostic (OBD) I/M testing is required for all subject vehicles of model year 1996 and newer. SR at 4, citing 40 C.F.R. § 51.351(c). The Agency notes that federal regulations allow states to utilize the OBD I/M test and test standards instead of the idle exhaust and evaporative tests. SR at 4, citing 40 C.F.R. § 51.357(a)(12) (2010), 66 Fed. Reg. 18156, 18160 (April 5, 2001). The Agency further notes that federal regulations allow states to vary vehicle model year coverage from the USEPA’s model program assumptions regarding vehicle model year coverage as long as necessary emission reductions are achieved. SR at 4, citing 40 C.F.R. § 51.356 (2010). The Agency contends that the VEIL requirements were adopted by the Illinois General Assembly in 1984 and provided authority for an I/M program in response to federal requirements. SR at 4-5, citing 625 ILCS 5/13A (1984). The VEIL of 1995 was adopted by the Illinois General Assembly to provide authority for the Agency to implement enhanced I/M. SR at 5, citing 625 ILCS 5/13B (1995). The VEIL of 2005, adopted by the Illinois General Assembly, made the OBD test the primary I/M test and exempted vehicles of model year 1995 and older from I/M testing. SR at 5, citing 625 ILCS 5/13C (2006). The VEIL of 2005 also maintained the steady-state idle exhaust and evaporative system integrity tests as available fallback tests for certain vehicles. Id. The Agency notes that, to implement VEIL, the Board adopted emission test standards in 35 Ill. Adm. Code Part 276 and the Board and the Agency have amended these rules over the years in response to changes in federal I/M requirements. SR at 5.

### 4 The Agency states that the Illinois General Assembly recently amended the VEIL of 2005 through P.A. 97-0106. SR at 5, citing Ill. Pub. Act. No. 97-0106 (July 14, 2011) (effective Feb. 1, 2012). 1 

### P.A. 97-0106 repeals the steady-state idle and evaporative system integrity emissions tests. SR at 5, citing Ill. Pub. Act. No. 97-0106 at § 13C-25(d), (e), (f). The Agency notes that these emission tests “were substituted for the 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.” SR at 5, citing 625 ILCS 5/13C-25(d) (2010). P.A. 97- 0106 also 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. SR at 5-6, citing Ill. Pub. Act. No. 97-0106 at§ 13C-15(b)(8)(M), (b)(8)(N). The Agency states that, under the VEIL of 2005, these heavyduty vehicles are not all required to be equipped with OBD systems meeting federal OBD II specifications and therefore these vehicles are tested using the steady-state idle and evaporative system integrity tests. SR at 6. The Agency states that is was necessary to exempt those vehicles from the requirement to obtain an emissions test since the Illinois General Assembly eliminated the steady-state idle and evaporative system integrity tests as of February 1, 2012. Id. The Agency notes that P.A. 97-0106 also 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 knownOBD communication or software problems. SR at 6, citing Ill. Pub. Act. No. 97-0106 at § 13C25(h). Statutory Authority for Rulemaking The Agency cites Sections 10(A), 27 (excluding subsection (b)) and 28 as sources of the Board’s general authority to adopt air pollution regulations. SR at 2. The Agency notes that this proposal “is not being proposed as an identical-in-substance, fast-track, or federally required rulemaking.” Id. In addition, the Agency is filing this proposal under the authority of Section 13C-20(a) of the VEIL of 2005, which states in relevant part that “the Board is required to adopt standards necessary for the enhanced inspection and maintenance program within 120 days after the [Agency] proposes those standards to the Board[.]” SR at 2. Section 13C-20(a) further states that: ... subsection (b) of Section 27 of the Environmental Protection Act and the rulemaking provisions of the Illinois Administrative Procedure Act do not apply to rules adopted by the Board under this subsection. SR at 2, citing 625 ILCS 5/13C-20(a).

1 

### P.A. 97-0106 is available at Illinois General Assembly, State of Illinois, Public Acts, 97th General Assembly, located at http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=097- 0106&GA=97.

### 5
SUMMARY OF AGENCY PROPOSAL Agency Statement of Reasons The Agency states that this rulemaking implements P.A. 97-0106. SR at 6. The amendments “include a repeal of the steady-state idle and evaporative system integrity emissions tests, exemption of pre-2007 heavy-duty vehicles with a GVWR between 8,501 and 14,000 pounds and any heavy-duty vehicles with a GVWR greater than 14,000 pounds, and the addition of a new visual inspection test.” Id. The Agency notes that the amendments are effective February 1, 2012. Id. The Agency states that, as a result of sunsetting the steady-state idle and evaporative integrity test standards used in the Illinois program as of February 1, 2012, the Illinois program “will continue to be an OBD program – testing subject vehicles using the OBD test, with the exception of a miniscule subset of vehicles that cannot receive the OBD test.” SR at 6-7. These vehicles will receive the new visual inspection test. Id. at 7. The Agency states that this new visual inspection test will provide motorists with the same flexibility they were allowed to receive with the steady-state idle and evaporative system integrity tests where there vehicles were unable to receive the OBD test. Id. The visual inspection test standards provide that vehicles subject to the test will fail the test if the malfunction indicator lamp (MIL) does not illuminate in the key-on/engine off position or continuously illuminates in the key-on/engine off position. Id. The Agency states that the visual inspection test and standards are consistent with P.A. 97-0106 and are consistent with federal law, making them the most logical substitute for the OBD test and standards. Id. The Agency is also proposing amendments to its I/M procedural rules, 25 Ill. Adm. Code Part 276, “to implement P.A. 97-0106 and to operate in concert with these proposed amendments.” SR at 8. The amendments include the sunset of the steady-state idle and evaporative system integrity test procedures and related requirements, and new visual inspection test procedures. Id. The rulemaking also proposes that compliance with the visual inspection test standards must be determined based on a visual examination of the MIL using the visual inspection test procedures adopted by the Agency in Part 276. Id. Pre-Filed Testimony of Michael Hills Mr. Hills is an engineer with the TechnicalServices Section of the Illinois Vehicle Inspection and Maintenance Program at the Agency. Test. at 1. Mr. Hills makes a number of supplementary points to the Agency proposal in his pre-filed testimony. Mr. Hills states that P.A. 97-0106 requires the Agency to optimize the I/M Program to continue to meet the federal Clean Air Act inspection and maintenance requirement “in a more cost effective manner.” Test. at 1. Mr. Hills states that, as a result, the Agency designed a test program “that minimizes costs and improves consumer acceptance by focusing on the fleet of vehicles that will exist in the 2012 through 2020 time period.” Id.

### 6 Mr. Hills notes that, as a result of P.A. 97-0106, the Agency will be prohibited from using the steady-state idle and gas cap emissions tests after January 31, 2012. Test. at 2. Mr. Hills states that the decision toeliminate these tests “was based on modeling projections showing negligible emission reduction benefits, a declining subject vehicle fleet, and significant longterm costs for continued use of these test procedures.” Id. Mr. Hills also notes that federal regulations allow states to vary the model year and vehicle type coverage in their programs. Id. Mr. Hills states that less than 3% of the vehicle tests in Illinois are steady-state idle exhaust/gas cap tests. Test. at 2. Mr. Hills further states that, starting with the 2007 model year onwards, heavy duty vehicles with a GVWR of less than 14,000 are required to be equipped with OBD technology. Id. Therefore, the projected number of steady-state idle exhaust/gas cap tests conducted in Illinois is expected to fall to less than 1% by 2015. Id. at 2-3. Mr. Hills states that these tests and standards are no longer economically reasonable. Id. at 3. Mr. Hills states that modeling projections of the expected 2012 Illinois fleet show that approximately 90% of the volatile organic compound (VOC) reductions would come from OBD equipped vehicles. Test. at 3. Mr. Hills notes that the loss in VOC reductions will be 0.00 tonsper day for the projected range from 2012 through 2020 in the Chicago and Metro East nonattainment areas. Id. Mr. Hills further notes that the General Assembly “decided it was technically feasible and economically reasonableto eliminate the requirement for any steadystate idle exhaust/gas cap testing in the Illinois I/M program. Id. Mr. Hills contends that the main change the proposal seeks to make to implement P.A. 97-0106 is to sunset all Subpart D (steady-state idle mode test emission standards) and Subpart F (evaporative test standards) standards contained in 35 Ill. Adm. Code 240, beginning February 1, 2012. Test. at 3. Mr. Hills notes that the addition of the visual inspection test is necessary to handle certain vehicles that are equipped with OBD technology, but for which OBD testing is not possible due to the vehicle’s design. Id. Mr. Hills contends that, without this test, “these vehicles would not be able to pass an OBD test and the motorist would have no means of correcting the problem and renewing the vehicle’s registration.” Id. at 4. Mr. Hills sees this as “an undue burden on the motorist.” Id. Mr. Hills states that the Agency will make the determination as to which vehicles are eligible for the visual inspection test and that the Agency will develop a list of such vehicles. Test. at 4. At hearing, Mr. Hills indicated that, currently, there are three vehicle models on the list which the Agency has encountered over the years of testing. Tr. at 12-13. Mr. Hills states that the visual inspection test standards are based on long-standing practice within the I/M community and federal law and the test is technically feasible. Test. at 4. By ensuring that the MIL functions correctly (through the “key-on/engine off” check), a motorist is able to be alerted when the OBD systemdetects potential problems with the vehicle’s emissions control equipment. Id. at 4-5. The “key-on, engine on” check verifies that there are no fault codes stored on the vehicle’s OBD system which would require the illumination of the MIL. Id. at 5. Mr. Hills notes that the OBD system stores fault codes whenever it detects possible problems with the vehicle’s emissions control equipment and that these codes are used by repair technicians to help identify areas to focus on during repairs. Id.

### 7
Mr. Hills also contends that the visual inspection tests are economically reasonable because they will not require any new test equipment and therefore will not incur any additional costs to Illinois or motorists. Test. at 5. DISCUSSION Board Procedure Because Section 13C-20(a) of the VEIL of 2005 (625 ILCS 5/13C-20(a)(2010)) requires the Board to adopt rules within 120 days of receiving the Agency’s proposal, the Board submitted the proposal to publication in the Illinois Register as a proposal for public comment without commenting on its substantive merits. Under Section 13C-20(a) of the VEIL of 2005 (625 ILCS 5/13C-20(a) (2010)), Section 27(b) of the Act (415 ICLS 5/27(b) (2010)) and the rulemaking provisions of the Administrative Procedure Act (5 ILCS 100/1-1 et seq . (2010)) “do not apply to rules adopted by the Board under this subsection.” 625 ILCS 5/13C-20(a) (2010). Accordingly, the Board did not request that the Department of Commerce and Economic Opportunity conduct an economic impact study of this rulemaking proposal. The Board also did not submit the proposal to first or second notice pursuant to Section 5-40 of the Administrative Procedure Act. (5 ILCS 100/5-40 (2010)). The Board did, however, conduct two hearings and solicit comment as described above. Affected Regions and Sources The Agency lists the geographic regions subject to this rulemaking to include those “affected counties” as defined in Section 13C-5 of the VEIL of 2005. SR at 8. Specifically, the following counties located in the Chicago and Metro-East St. Louis areas are affected: “Cook, DuPage and Lake, and portions of Kane, Kendall, McHenry, Will, Madison, Monroe and St. Clair.” Id. The Agency states that the sources affected by the proposal include “motor vehicles subject to the provisions of the VEIL of 2005 and the owners of such vehicles.” SR at 8. While the Agency did not include a list of affected sources with the proposal due to the burden of compiling such a substantial list, the Agency does estimate that, for the 2012/2013 test cycle, there will be 3.6 million initial tests conducted in Illinois. Id. The Agency does not believe that affected sources will be negatively impacted by this rulemaking because the proposal “reduces the population of affected vehicles and, through the new visual inspection test, provides the same flexibility that the steady-state idle and evaporative system integrity tests provided for vehicles that cannot receive the OBD test due to the vehicle’s design or with known OBD communication or software problems.” Id. Technical Feasibility The Agency contends that the proposal is technically feasible. SR at 9. As of February 1, 2012, the steady-state idle and evaporative system integrity emissions tests are not allowed by

### 8statute nor are they necessary because they were implemented for use on the subset of heavyduty vehicles that P.A. 97-0106 exempts from the emission testing requirement. Id. , citing TSD. The Agency further contends that these tests are not required by federal law or regulations where the OBD test is utilized. SR at 9. The Agency states that modeling projections indicate that this proposal will lead to “no loss in emission reduction benefits” and that the new visual inspection test will provide motorists with the same flexibility they were able to receive through the steady-state idle and evaporative system integrity tests. SR at 9. The Agency contends that the visual inspection test and standards are necessary in order to implement P.A. 97-0106 and to provide motorists with continued flexibility. Id. The Agency further notes that the test and standards are feasible because they are based on the existing OBD test required by federal regulations. Id. Economic ReasonablenessThe Agency believes that the proposal is reasonable “because elimination of the steadystate idle and evaporative system integrity emissions tests and exemption of certain heavy-duty vehicles will result in a significant cost savings to the Illinois program and a potential cost savings to motorists that own these vehicles.” SR at 10. The Agency contends that these tests are not economically reasonable to retain given the small percentage of vehicles that receive these tests. Id. The Agency further states that the new visual inspection test and standards will not result in increased costs to the Illinois program or motorists. Id. Summary of Agency’s Proposal After conducting two public hearings and reviewing the Agency’s proposal, the Board finds the proposal is both technically feasible and economically reasonable. The Board therefore concludes to adopt the amendments to Part 240. JCAR Comments On November 3, 2011, the Board received comments from JCAR regarding the Agency proposal. Based on these comments, the adopted language removes a Board note from the Part 240 table of contents and also incorporates five non-substantive, grammatical changes proposed by JCAR. SECTION-BY-SECTION ANALYSIS OF THE ADOPTED RULES In the following subsections, the Board summarizes the adopted amendments to its vehicle emissions inspection regulations. See 35 Ill. Adm. Code 240. Part 240 Mobile Sources: Table of Contents The Board removes the “Board Note” in this section. Tr. at 9.

### 9 Subpart A: Definitions and General Provisions Section 240.102: Definitions This section establishes the definitions used in Part 240. The Board updates this section to add a definition of “visual inspection test,” which is necessary for the adopted Subpart I. SR at 11. The Board also makes two grammatical revisions. Tr. at 9-10. Section 240.104: Inspection This section establishes references to various emission standards that subject vehicles must comply with when tested. The Board adds a reference to the visual inspection test standards, which is necessary for the adopted Subpart I. SR at 11. Section 240.105: Penalties This section establishes penalties for noncompliance with various standards contained in Part 240. The Board adds a reference to the visual inspection test standards, which is necessary for the adopted Subpart I. SR at 11. The Board also makes two grammatical revisions. Tr. at 10-11. Section 240.106: Determination of Violation This section establishes the methods for determining violations of various standards contained in Part 240. The Board adds a reference to the visual inspection test standards, which is necessary for the adopted Subpart I. SR at 11. Subpart D: Steady-State Idle Mode Test Emission Standards Section 240.151: Applicability This section establishes the applicability of the steady-state idle test standards. The board clarifies the applicability of this section because the steady-state idle test will not be allowed by statute after January 31, 2012. SR at 12. Therefore, the applicability of this subpart must specify that these test standards are applicable only through January 31, 2012. Id. Subpart F: Evaporative Test Standards Section 240.171: Applicability This section establishes the applicability of the evaporative system integrity test standards. The Board clarifies the applicability of this section because the evaporative system integrity test will not be allowed by statute after January 31, 2012. SR at 11-12. Therefore, the applicability of this subpart must specify that these test standards are applicable only through January 31, 2012. Id. at 12.

### 10 Subpart I: Visual Inspection Test Standards Section 240.201: Applicability This section establishes the applicability of the visual inspection test standards. By statute, this section is applicable beginning February 1, 2012 and applies to those vehicles tested pursuant to Section 13C-25(h) of the VEIL of 2005, as amended. SR at 12. The Board also makes one grammatical revision. Tr. at 11. Section 240.202: Visual Inspection Test Standards This section establishes the visual inspection test standards for subject vehicles. The Board adopts language stating that vehicles will fail the visual inspection test if the MIL does not illuminate in the key-on/engine off position or continuously illuminates in the key-on/engine on position. SR at 12. Section 240.203: Compliance Determination The section establishes the method for determining compliance with the visual inspection test standards. The Board adopts language stating that compliance with the visual inspection test standards contained in adopted Section 240.202 is determined by using the visual inspection test procedures adopted by the Agency in 35 Ill. Adm. Code 276. CONCLUSION For the reasons stated above, the Board adopts amendments to its vehicle emissions inspection regulations. In the order below, the Board directs the Clerk to provide publication of the adopted rules in the Illinois Register

. ORDER The Board directs the Clerk to provide publication of the following adopted amendments in the Illinois Register

. TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER k: EMISSION STANDARDS AND LIMITATIONS FOR MOBILE SOURCES PART 240 MOBILE SOURCES SUBPART A: DEFINITIONS AND GENERAL PROVISIONS Section

### 11
240.101 Preamble 240.102 Definitions 240.103 Prohibitions 240.104 Inspection 240.105 Penalties 240.106 Determination of Violation 240.107 Incorporations by Reference SUBPART B: EMISSIONS Section 240.121 Smoke Emissions 240.122 Diesel Engine Emissions Standards for Locomotives 240.123 Liquid Petroleum Gas Fuel Systems 240.124 Vehicle Exhaust Emission Standards (Repealed) 240.125 Compliance Determination (Repealed)

SUBPART C: SMOKE OPACITY STANDARDS AND TEST PROCEDURES FOR DIESELPOWERED HEAVY DUTY VEHICLES Section 240.140 Applicability 240.141 Smoke Opacity Standards and Test Procedures for Diesel-Powered Heavy Duty Vehicles SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS Section 240.151 Applicability 240.152 Steady-State Idle Mode Vehicle Exhaust Emission Standards 240.153 Compliance Determination SUBPART E: TRANSIENT LOADED MODE TEST EMISSION STANDARDS Section 240.161 Applicability (Repealed) 240.162 Vehicle Exhaust Emission Start-Up Standards (Repealed) 240.163 Vehicle Exhaust Emission Final Standards (Repealed) 240.164 240.165 Vehicle Exhaust Emission Fast-Pass Standards (Repealed) Compliance Determination (Repealed) SUBPART F: EVAPORATIVE TEST STANDARDS Section 240.171 Applicability 240.172 Evaporative System Integrity Test Standards

### 12 240.173 Evaporative System Purge Test Standards (Repealed) SUBPART G: ON-ROAD REMOTE SENSING TEST EMISSION STANDARDS Section 240.181 Applicability 240.182 On-Road Remote Sensing Emission Standards 240.183 Compliance Determination SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS Section 240.191 Applicability 240.192 On-Board Diagnostic Test Standards 240.193 Compliance Determination SUBPART I: VISUAL INSPECTION TEST STANDARDS Section 240.201 Applicability 2401.202 Visual Inspection Test Standards 240.203 Compliance Determination 240.APPENDIX A Rule into Section Table 240.APPENDIX B Section into Rule Table 240.TABLE A Vehicle Exhaust Emission Start-Up Standards (Repealed) 240.TABLE B Vehicle Exhaust Emission Final Standards (Repealed) 240.TABLE CVehicle Exhaust Emission Fast-Pass Standards (Repealed) AUTHORITY: Implementing Sections 9 and 10 and authorized by Sections 27 and 28 of the Environmental Protection Act [415 ILCS 5/9, 10, 27, and 28] and Section 13C-20 of the Vehicle Emissions Inspection Law of 2005 [625 ILCS 5/13C-20. SOURCE: Adopted as Chapter 2: Air Pollution, Part VII: Mobile Sources, filed and effective April 14, 1972; codified at 7 Ill. Reg. 13628; amended in R85-25, at 10 Ill. Reg. 11277, effective June 16, 1986; amended in R90-20 at 16 Ill. Reg. 6184, effective April 7, 1992; amended in R94- 20 at 18 Ill. Reg. 18013, effective December 12, 1994; amended in R94-19 at 18 Ill. Reg. 18228, effective December 20, 1994; amended in R98-24 at 22 Ill. Reg. 13723, effective July 13, 1998; expedited correction at 22 Ill. Reg. 21120, effective July 13, 1998; amended in R01-12 at 24 Ill. Reg. 19188, effective December 18, 2000; amended in R01-8 at 25 Ill. Reg. 3680, effective February 26, 2001; amended in R02-8 at 25 Ill. Reg. 16379, effective December 18, 2001; amended in R11-19 at 35 Ill. Reg. 5552, effective March 18, 2011; amended in R12-12 at 36 Ill. Reg. _____, effective ______. BOARD NOTE: This Part implements the Environmental Protection Act as of July 1, 1994.

### 13 NOTE: Capitalization denotes statutory language. SUBPART A: DEFINTIONS AND GENERAL PROVISIONS Section 240.102 Definitions All terms that appear in this Part have the definitions specified in this Section, the Vehicle Emissions Inspection Law of 2005 [625 ILCS 5/13C], and 35 Ill. Adm. Code 201 and 211. When conflicting definitions occur between this Section and 35 Ill. Adm. Code 201 or 211, the definitions of this Section apply in this Part. “Agency” means the Illinois Environmental Protection Agency. “Diesel engine” means all types of internal-combustion engines in which air is compressed to a temperature sufficiently highto ignite fuel injected directly into the cylinder area. “Diesel locomotive” means a diesel enginevehicle designed to move cars on a railway. “Evaporative system integrity test” means a test of a vehicle’s evaporative system. The test shall either consist of a leak check of a vehicle’s fuel cap with a fuel cap pressure decay tester (fuel cap pressure decay test), a fuel cap leak flow tester (fuel cap leak flow test), or a visual functional check, as applicable. “Fuel cap” means a device used to seal a vehicle’s fuel inlet. “Fuel cap leak flow test” means a test which may be 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 this Part. “Fuel cap leak flow 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 this Part. “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 ten second period and comparing the measured pressure decay of the fuel cap to an established fuel cap pressure decay standard.

### 14 “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 of this Part. “Gross vehicle weight rating” or (“GVWR) ” means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle. “Heavy duty vehicle” means any motor vehicle rated at more than 8500 pounds GVWR or that has a vehicle curb weight of more than 6000 pounds or that has a basic vehicle frontal area in excess of 45 square feet. “High idle” means a vehicle operating condition with engine disconnected from an external load (placed in either neutral or park) and operating at speed of 2500 + 300 RPM. “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. “Light duty truck 1” means a motor vehicle rated at 6000 pounds maximum GVWR or less and which has a vehicle frontal area of 45 square feet or less, and which is designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or is designed primarily for transportation of persons and has a capacity of more than 12 persons, or is available with special features enabling off-street or off-highway operation and use. “Light duty truck 2” means a motor vehicle rated between 6001 and 8500 pounds maximum GVWR and which has a vehicle frontal area of 45 square feet or less, and which is designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or is designed primarily for transportation of persons and has a capacity of more than 12 persons, or is available with special features enabling off-street or off-highway operation and use. “Light duty vehicle” means a passenger car or passenger car derivative capable of seating 12 passengers or fewer. “Measured values” means five-second running averages of exhaust emission concentrations sampled at a minimum rate of twice per second. “Model year” means the year of manufacture of a motor vehicle based upon the annual production period as designated by the manufacturer and indicated on the title and registration of the vehicle. If the manufacturer does not designate a

### 15 production period for the vehicle, then "model year" means the calendar year of manufacture. “Motor vehicle”, as used in this Part, shall havethe same meaning as in Section 1-146 of the Illinois Vehicle Code [625 ILCS 5/1-146]. “Opacity” means the percentage of light transmitted from a source that is prevented from reaching a light detector. “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 failures caused by improper or insufficient warm-up. “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. “Snap-acceleration test” means a test to measure exhaust smoke opacity from heavy-duty diesel powered vehicles in accordance with the SAE J1667 procedure, incorporated by reference at Section 240.107 of this Subpart. “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 loaded or high idle preconditioning mode and a second-chance idle mode. “Vehicle curb weight” means the actual vehicle weight plus standard equipment and a full fuel tank. “Visual inspection test” means a visual examination of a vehicle’s malfunctionindicator lamp (MIL) consisting of verifying the status of the MIL in the keyon/engine off position followed by verifying the status of the MIL in the keyon/engine on position to determine the status of the MIL and existence of an emission related malfunction with the vehicle. (Source: Amended at 36 Ill. Reg.______, effective _______) Section 240.104 Inspection a) All motor vehicles subject to inspection pursuant to Section 13C-15 of the Vehicle Emissions Inspection Law of 2005 [625 ILCS 5/13C-15] shall comply with applicable vehicle emission standards contained in Sections 240.152, 240.172, 240.182, and 240.192, and 240.202 of this Part.

### 16 b) All diesel-powered vehicles subject to inspection pursuant to Section 13-109.1 of the Illinois Vehicle Code [625 ILCS 5/13-109.1] must comply with applicable smoke opacity standards set forth in Section 240.141(a) of this Part. (Source: Amended at 36 Ill. Reg.______, effective ________) Section 240.105 Penalties a) Any violations of Sections 240.103, 240.121, 240.122, or 240.123 of this Part shall be subject to the penalties as set forth in Section 42 of the Act [415 ILCS 5/42]. b) Any violations of Sections 240.104(b), 240.152, 240.172, 240.182, or 240.192, or 240.202 of this Part, as applicable, shall be subject to the penalties as set forth in Sections 13C-55 and 13C-60 of the Vehicle Emissions Inspection Law [625 ILCS 5/13C-55 and 13C-60]. c) Any violation of Section 240.141(a) of this Part will be subject to penalties as set forth in Section 13-109.1 of the Illinois Vehicle Code [625 ILCS 5/13-109.1]. (Source: Amended at 36 Ill. Reg._______, effective _______) Section 240.106 Determination of Violation a) Any violations of Sections 240.103, 240.121, 240.122, or 240.123 of this Part shall be determined by visual observation or by a test procedure employing an opacity measurement system as qualified by 35 Ill. Adm. Code 201, Subpart J. b) Any violations of Sections 240.152, 240.172, 240.182, or 240.192, or 240.202 of this Part, as applicable, shall be determined in accordance with test procedures adopted by the Agency in 35 Ill. Adm. Code 276. c) Any violation of Section 240.141(a) of this Part will be determined in accordance with test procedures set forth in Section 240.141(b) of this Part. (Source: Amended at 36 Ill. Reg._______, effective _______) SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS Section 240.151 Applicability This Subpart is effective through January 31, 2012. The standards of this Subpart apply to those vehicles identified in subsection 13C-25(d) of the Vehicle Emissions Inspection Law of 2005. (Source: Amended at 36 Ill. Reg._______, effective _______)

### 17
SUBPART F: EVAPORATIVE TEST STANDARDS Section 240.171 Applicability This Subpart is effective through January 31, 2012. The standards of this Subpart apply to those vehicles identified in subsection 13C-25(d) of the Vehicle Emissions Inspection Law of 2005 (Source: Amended at 36 Ill. Reg._______, effective ________) SUBPART I: VISUAL INSPECTION TEST STANDARDS Section 240.201 Applicability This Subpart is applicable beginning February 1, 2012. The standards of this Subpart apply to those vehicles tested pursuant to Section 13C-25(h) of the Vehicle Emissions Inspection Law of 2005. (Source: Added at 36 Ill. Reg._______, effective ________) Section 240.202 Visual Inspection Test Standards Vehicles subject to visual inspection testing shall fail the visual inspection test if the MIL does not illuminate in the key-on/engine off position or continuously illuminates in the key-on/engine on position. (Source: Added at 36 Ill. Reg.______, effective ________) Section 240.203 Compliance Determination Compliance shall be determined based upon a visual examination of the MIL using the visual inspection test procedures adopted by the Agency in 35 Ill. Adm. Code 276. (Source: Added at 36 Ill. Reg.______, effective ________) IT IS SO ORDERED. I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the Board adopted the above opinion and order on January 5, 2012, by a vote of 5-0.

___________________________________ John T. Therriault, Assistant Clerk Illinois Pollution Control Board

# Attachment 67 Notice of Adopted Amendments Illinois Register publication

36 Ill. Reg. 1066, Issue 4 January 27, 2012

# OFFICE OF THE SECRETARY OF STATE JESSE WHITE • 

### Secretary of State January 19, 2012

POLLUTION CONTROL BOARD JOHN THERRIAULT ASSISTANT CLERK 100 W RANDOLPH ST, STE 11-500 CHICAGO, IL 60601
Dear JOHN THERRIAULT ASSIST ANT CLERK 

### R ECEOVED CLERK'$ OFFICE



## JAN 2 7 2012 STATE OF 

### fLUNOJS '='olhJt •,) n Control 

### Board

Your rules Listed below met our codification standards and have been published in Volume 36,

_ Issue 4 ofthe Illinois Register, dated 1/27/2012. ADOPTED RULES Mobile Sources 35 Ill. Adm. Code 240 1066 Point ofContact: Nancy Miller 

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

(217) 782- 7017.

Index Department

- Administrative Code Division

- 111 East Monroe Springfield, IL 62756

### '-~ 

### t(1)

**~**

# \V7

, ' \ ._.,, I 'j
• I_ 

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED Al\lliNDMENTS 1) Heading ofthe Part: Mobile Sources 2) Code Citation: 35 lll. Adm. Code 240 3) 

### Section Nwnbers: 240.102 240.104 240.105 240.106 240.151 240.171 240.201 240.202 240.203 Adopted Action: Amend Amend Amend Amend Amend Amend New New New 4) Statutory Authority: Section 13C-20 ofthe Vehicle Emissions Inspection Law of2005 [625 ILCS 5/BC-20] and Sections 10,27 and 28 ofthe Environmental Protection Act [415 ILCS 5/10, 27, 28]. 5) Effective Date ofAmendments: February 1, 2012. 6) Does this rulemaking contain an automatic repeal date? No. 7) Do these amendments contain incotporations by reference? No. 8) The adopted amendments are on file in the Board's Chicago office at the James R. 

### Thompson Center, 100 W. Randolph Street, Suite 11-500, and are available there for public inspection. 9) Notice ofProposal Published in lllinois Register: October 28, 2011; 35 Ill

. Reg. 17178. 10) Has JCAR issued a Statement of Objections to these amendments? No. 11) Differences between proposal and final version: Non-substantive, grammatical and stylistic changes. 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements letter issued by JCAR? No agreements letter has been issued because this rulemaking is exempt from the rulemaking requirements ofthe Administrative Procedur e

**RECE~VED** 

## JAN 1 0 2.0\2. 

## sos-cooE D I V.

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS Act. However, amendments proposed by JCAR by electronic mail dated November 3, 2011, have been adopted. 13) Will these amendments re,place emergency amendments curreptly 

### in effect? No. 14) Are 

### there any amendments pending on this Part? No. 15) Summary and Purpose ofAmendments: These amendments amend Part 240 to reflect an amendment (P.A. 97-0106) to the· Vehicle Emissions Inspection Law of2005 (VEIL of 2005) (625 ILCS 5/13C). P

.A. 97-0106 amends the VEIL of2005 by repealing the steady-state idle exhaust and evaporative system integrity emissions inspection tests. These inspection tests were substituted for the on-board diagnostic (OBD) test for heavyduty vehicles not required to be equipped with OBD systems meeting federal OBD IT 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 pre2007 heavy-duty vehicles with a gross vehicle weight rating (GVRW) between 8,501 and 14,000 pounds and any heavy-duty vehicles with a GVWR greater than 14,000 pounds from the requirements 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. P.A. 97-0106 makes other relatively minor changes and is effective February 1, 2012. The amendments to Part 240 specify that the steady-state idle exhaust and evaporative system integrity inspection test standards are effective only through January 31, 2012. Also, the amendments add visual inspection test standards that are effective beginning February 1, 2012 and add a definition of''visual inspection test." Finally, the amendments make other minor changes consistent with the addition ofthe new visual inspection test standards. 16) Information and questions regarding this adopted amendment shall be directed to: Daniel Robertson Illinois Pollution Control Board 100 W

. Randolph Street, Suite 11-500 Chicago, IL 60601 312-814-6931 RobertsD@ipcb.state.il.us

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS Copies ofthe Board•s opinions and orders may be requested from the Clerk ofthe Board at the address listed in #8 above or by calling 312/814-3620. Please refer to the docket number R12-12 

### in your request. The Board order is also available from the Board's Web site (www.ipcb.state.il.us). The full text ofthe Adopted Amendments begins on the next page:

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B : AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER k: EMISSION STANDARDS AND LIMITATIONS FOR MOBILE SOURCES

Section 240.101 240

. 102 240.103 240

. 104 240.105 240.106 240.107

Section 240.121 240.122 240.123 240

. 124 240.125 PART240 MOBILE SOURCES
SUBPART A: DEFINITIONS AND GENERAL PROVISIONS

Preamble Definitions Prohibitions Inspection Penalties Detennination ofViolation Incorporations by Reference SUBPART B : EMISSIONS

Smoke Emissions Diesel Engine Emissions Standards for Locomotives Liquid Petroleum Gas Fuel Systems Vehicle Exhaust Emission Standards (Repealed) Compliance Determination (Repealed) SUBPART C: SMOKE OPACITY STANDARDS AND TEST PROCEDURES FOR DIESELPOWERED HEAVY DUTY VEHICLES Section 240

. 140 240.141 Applicability Smoke Opacity Standards and Test Procedures for Diesel-Powered Heavy Duty Vehicles SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS Section

### 240.151 240.152 240.153 ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS Applicability Steady-State Idle Mode Vehicle Exhaust Emission Standards Compliance Determination SUBPART E: TRANSIENT LOADED MODE TEST EMISSION STANDARDS Section 240.161 240.162 240.163 240.164 240.165

Section 240.171 240.172 240.173 Applicability (Repealed) Vehicle Exhaust Emission Start-Up Standards (Repealed) Vehicle Exhaust Emission Final Standards (Repealed) Vehicle Exhaust Emission Fast-Pass Standards (Repealed) Compliance Determination (Repealed) SUBPART F: EVAPORATIVE TEST STANDARDS
Applicability Evaporative System Integrity Test Standards Evaporative System Purge Test Standards (Repealed) SUBPART G: ON-ROAD REMOTE SENSING TEST EMISSION STANDARDS Section 240.181 240.182 240.183

Section 240.191 240.192 240.193

Section 240.201 240.202 240.203 Applicability On-Road Remote Sensing Emission Standards Compliance Determination SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS
Applicability On-Board Diagnostic Test Standards Compliance Detennination SUBPART I: VISUAL INSPECTION TEST STANDARDS
Applicability Visual Inspection Test Standards Compliance Determination240.APPENDIX A 240.APPENDIX B 240.TABLEA 240.TABLEB 240.TABLE C ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS

Rule into Section Table Section into Rule Table Vehicle Exhaust Emission Start-Up Standards (Repealed) Vehicle Exhaust Emission Final Standards (Repealed) Vehicle Exhaust Emission Fast-Pass Standards (Repealed) AUTHORITY: Implementing Sections 9 and 10 and authorized by Sections 27 and 28..:ofthe Environmental Protection Act [415 ILCS 5/9, 10, 27, and 28] and Section 13C-20 ofthe Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C-201 SOURCE: Adopted as Chapter 2: 

### Air Pollution, Part VII: Mobile Sources, filed and effective April14, 1972; codified at 7 

### TIL Reg. 13628; amended 

### in R85-25, at 10 

### Til. Reg. 11277, effective June 16, 1986; amended inR90-20 at 16 lll. Reg. 6184, effective April 7, 1992; amended 

### in R94- 20 at 18 

### TIL Reg. 18013, effective December 12, 1994; amended 

### in R94-19 at 18 

### Til. Reg. 18228, effective December 20, 1994; amended in R98-24 at 22lll. Reg. 13723, effective July 13, 1998; expedited correction at 22 lll. Reg. 21120, effective July 13, 1998; amended in R01-12 at 24 

### TIL Reg. 19188, effective December 18, 2000; amended in RO 1-8 at 25 

### TIL Reg. 3680, effective February 26, 2001; amended in R02-8 at 25 

### TIL Reg. 16379, effective December 18, 2001; amended in R11-19 at 35 

### TIL Reg. 5552, effective March 18, 2011; amended 

### in R12-12 at 36lll. Reg. effective

__ _ BOARD NOTE: This Part imfllements the Ew1ironmental ProteeaaB Aetas efll:l:ly 1, 1994. NOTE: Capitalization denotes statutory language. SUBPART A: DEFINTIONS AND GENERAL PROVISIONS 

### Section 240.102 Defmitions All terms that appear in this Part have the definitions specified in this Section, the Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C), and 35 

### TIL Adm. Code 201 and 211. When conflicting definitions occur between this Section and 35 Ill. Adm. Code 201 or 211, the definitions ofthis Section apply in this Part. "Agency'' means the Illinois Environmental Protection Agency. "Diesel engine" means all types ofinternal-combustion engines in which air is compressed to a temperature sufficiently 

### high to ignite fuel injected directly into the cylinder area.

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS

"Diesel locomotive" means a diesel engine vehicle designed to move cars on a railway. "Evaporative system integrity test" means a test of a vehicle's evaporative system. The test shall either consist of a leak check of a vehicle's fuel cap with a fuel cap pressure decay tester (fuel cap pressure decay test), a fuel cap leak flow tester (fuel cap leak flow test), or a visual functional check, as applicable. "Fuel cap" means a device used to seal a vehicle's fuel inlet. "Fuel cap leak flow test" means a test which may be 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 this Part. "Fuel cap leak flow 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 of this Part. "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 ten 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 ofthis Part. "Gross vehicle weight rating" or t_:GVWR1: means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle. "Heavy duty vehicle" means any motor vehicle rated at more than 8500 pounds GVWR or that has a vehicle curb weight ofmore than 6000 pounds or that has a basic vehicle frontal area in excess of45 square feet.

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS
"High idle" means a vehicle operating condition with engine disconnected from an external load (placed in either neutral or park) and operating at speed of 2500 ±300RPM. "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. "Light duty truck 1" means a motor vehicle rated at 6000 pounds maximum GVWR or less and which has a vehicle frontal area of45 square feet or less, and which is designed primarily for purposes oftransportation ofproperty or is a derivation ofsuch a vehicle, or is designed primarily for transportation ofpersons and has a capacity ofmore than 12 persons, or is available with special features enabling off-street or off-highway operation and use. "Light duty truck 2" means a motor vehicle rated between 6001 and 8500 pounds maximum GVWR and which has 

### a vehicle frontal area of45 square feet or less, and which is designed primarily for purposes oftransportation ofproperty or is a derivation of such a vehicle, or is designed primarily for transportation ofpersons and has a capacity ofmore than 12 persons, or is available with special features enabling off-street or off-highway operation and use. "Light duty vehicle" means a passenger car or passenger car derivative capable of seating 12 passengers or fewer. "Measured values" means five-second running averages of exhaust emission concentrations sampled at a minimum rate of twice per second. "Model year" means the year ofmanufacture of a motor vehicle based upon the annual production period as designated by the manufacturer and indicated on the title and registration of the vehicle. Ifthe manufacturer does not designate a production period for the vehicle, then "model year" means the calendar year of manufacture. "Motor vehicle"

.. as used in this Part, shall have the same meaning as in Section

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 1-146 ofthe lllinois Vehicle Code [625 ILCS 5/1-146]. 

### "Opacity'' means the percentage oflight transmitted from a source that is prevented from reaching a light detector. "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 failures caused by improper or insufficient warm-up. "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. "Snap-acceleration test" means a test to measure exhaust smoke opacity from heavy-duty diesel powered vehicles in accordance with the SAE J1667 procedure, incorporated by reference at Section 240.1 07 ofthis Subpart. "Steady-state idle test" means a vehicle emission test procedure consisting of an initial idle mode measurement ofexhaust emissions followed, ifnecessary, by a loaded or-high idle preconditioning mode and a second-chance idle mode

. "Vehicle curb weight" means the actual vehicle weight plus standard equipment and a full fuel tank. "Visual inspection test" means a visual examination of a vehicle's malfunction indicator lamp (MIL) consisting of verifying the status ofthe MIL in the keyon/engine offposition followed by verifying the status ofthe MIL in the keyon/engine on position to determine the status ofthe MIL and existence of an emission related malfunction with the vehicle. (Source: Amended at 36 

### Til. Reg.

__ _) effective

__ __J ) 

### Section 240.104 Inspection a) All motor vehicles subject to inspection pursuant to Section 13C-15 ofthe Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C-15J shall comply with applicable vehicle emission standards contained in Sections 240

. 152, 240.172, 240.182, aftti-240.192, and 240.202 ofthis Part.

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS
b) All diesel-powered vehicles subject to inspection pursuant to Section 13-109.1 of the Dlinois Vehicle Code [625 ILCS 5/ 13-109.1] must comply with applicable smoke opacity standards set forth in Section 240.141(a) ofthis Part

. (Source: Amended at 36 

### TIL Reg

. __ _J 

### effective

__ 

### ____.J) Section 240.105 Penalties a) Any violations of Sections 240

. 103, 240.121, 240.122, or 240.123 ofthis Part shall be subject to the penalties as set forth 

### in Section 42 ofthe Act [415 ILCS 5

/42]

. b) Any violations of Sections 240

. 1 04(b ), 240.152, 240.172, 240.182, er240.192, or 240

. 202 ofthis Part, as applicable. shall be subject to the penalties as set forth in Sections 13C-55 and 13C-60 of the Vehicle Emissions Inspection Law [625 ILCS 5/ 13C-55 and 13C-60]. c) Any violation of Section 240

. 141(a) ofthis Part will be subject to penalties as set forth in Section 13-109.1 ofthe lllinois Vehicle Code [625 ILCS 5/13-109

. 1]

. (Source: Amended at 36 

### Til. Reg.

__ ____J 

### effective

__ ___J ) 

### Section 240.106 Determination ofViolation a) Any violations of Sections 240.103,240.121,240

. 122, or 240.123 ofthis Part shall be determined by visual observation or by a test procedure employing an opacity measurement system as qualified by 35 

### lil. Adm. Code 201, Subpart J. b) Any violations of Sections 240

. 152, 240.172 , 240

. 182, er240.192. or 240.202 of this Part, as applicable, shall be determined in accordance with test procedures adopted by the Agency in 35 

### TIL Adm. Code 276. c) Any violation of Section 240.141 (a) ofthis Part will be determined 

### in accordance with test procedures set forth 

### in Section 240.14l(b) ofthis Part

. (Source: Amended at 36 

### Til.

**Reg·**

**·** 

### effective

__ ____, ) SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 

### Section 240.151 Applicability This Subpart is effective through January 31, 2012. The standards ofthis Subpart apply to those vehicles identified in subsection 13C-25(d) ofthe Vehicle Emissions Inspection Law of2005. (Source: Amended at 36 Ill. Reg.

___ , effective

__ ___J) 

### SUBPARTF: EVAPORATIVE TEST STANDARDS 

### Section 240.171 Applicability This Subpart is effective through January 31, 2012. The standards ofthis Subpart apply to those vehicles identified in subsection 13C-25(d) ofthe Vehicle Emissions Inspection Law of2005 (Source: Amended at 36 

### lll. Reg.

___ ,, effective

___ _J 

### SUBPART 

### 1: VISUAL INSPECTION TEST STANDARDS 

### Section 240.201 Applicability This Subpart is applicable beginning February 1, 

### 2012. The standards of this Subpart apply to those vehicles tested pursuant to Section 13C-25(h) of the Vehicle Emissions Inspection Law of 2005. (Source: Added at 36 Ill. Reg.

__ __. effective

_____ ) 

### Section 240.202 Visual Inspection Test Standards Vehicles subject to visual inspection testing shall fail the visual inspection test if the MIL does not illuminate in the key-on/engine offposition or continuously illuminates in the key-on/engine on position. (Source: Added at 36 lll. Reg

..__ _ ,, effective

__ ___,) 

### Section 240.203 Compliance Determination Compliance shall be determined based upon a visual examination of the MIL using the visual inspection test procedures adopted by the Agency 

### in 35 

### lll. Adm. Code 276

. (Source : Added at 36 lll

. Reg.

____ effective

__ ____,)

# 2012
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# - Volume 36, Issue 4 January 27, 2012 -==Pages 960-1096



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- Index Department Administrative Code Division 111 E. Monroe St. Springfield, IL 62756 217-782-7017

Printed by authority of the State of Illino i s. J anuary 20 1 2
- 75 

# PU BLIS HE D BY JE SSE WHITE • SECRETARY OF STATEILLINOIS REGISTER 1066 12 POLLUTION CONTROL BOARD N OTICE OF ADOPTED AMENDMENTS 1) Heading ofthe Part: Mobile Sources 2) Code Citation: 35 Ill. Adm. Code 240 3) Section Numbers: 240.102 240.104 240.105 240.106 240.151 240.171 240.201 240.202 240.203 Adopted Action: Amend Amend Amend Amend Amend Amend New New New 4) Statutory Authority: Section 13C-20 ofthe Vehicle Emissions Inspection Law of2005 [625 ILCS 5/13C-20] and Sections 10, 27 and 28 ofthe Environmental Protection Act [415 ILCS 5/10, 27, 28] 5) Effective Date of Amendments: February 1, 2012 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rulemaking contain incorporati ons by reference? No 8) A copy ofthe adopted amendments, including any material incorporated by reference , are on fil e in the Board's Chicago office at the James R. Thompson Center, 100 W. Randolph Street, Suite 11-500, and are available there for public inspection. 9) Not ice of Proposal Published in Illinoi s Register: October 28, 2011; 35 Ill. Reg. 17178. 1

0) Has JCAR issued a Statement of Objection to these amendments? No 11) Differences between proposal and final version: Non-substantive, grammatical and s tyli stic changes. 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements letter issued by JCAR? No agreements letter has been issued because this rulemaking is exempt from the rulemaking requirements of the Administrative ProcedureILLINOIS REGISTER 106 7 12 POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS Act. However, nonsubstantive amendments proposed by JCAR by electronic mail dated November 3, 2011, have been adopted. 13) Will this rulemaking replace any emergency rulemakings currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summary and Purpose of Amendments: These amendments amend Part 240 to reflect an amendment (P.A. 97-0106) to the Vehicle Emissions Inspection Law of2005 (VEIL of 2005) (625ILCS 5/13C). P.A. 97-0106 amends the VEIL of2005 by repealing the steady-state idle exhaust and evaporative system integrity emissions inspection tests. These in spe ction tests were substitut ed for the on-board diagno stic (OBD) test for hea vy duty vehicles not required to be equipped wit h OBD systems meeting federal OBD II spec ifications and certain vehicles that could not receive the OBD test due to their design or with known OBD communication or software probl ems. P.A. 97-0106 exempts pre2007 heavy-duty vehicles with a gross vehicle weight rating (GVR W) between 8,501 and 14,000 pounds and any heavy-duty vehicles with a GVWR greater than 14,000 pounds from the requirements 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. P .A. 97-0106 make s other relatively minor changes and is effective February 1, 2012. The amendments to Part 240 specify that the steady-state idle exhaust and evaporative system integrity inspection test standard s are effective only through January 3 1, 2012. Also, the amendments add visual inspection test standards that are effect iv e beginning February 1, 2012 and add a definition of "visua l inspection test." Finally, the amendments make other minor changes consistent with the addition of the new visual inspection test standards. 16) Information and questions regarding the se adopted amendments shall be directed to: Daniel Robertson Illinois Pollution Control Board 100 W. Randolph Street, Suite 11-500 Chicago, IL 60601 312/814-6931ILLINO I S REGISTER 1 068 12 POLLUTION CONTROL BO A RD NOTICE OF ADOPTED Al\tfENDMENTS RobertsD@ipcb.state.il.u s Copies ofthe Board's opinions and ord ers may be requested from the C lerk of the Board at the address listed in #8 above or by calling 312/814-3620. Please refer to the docket number R12-12 in your request. The Board orde r is also available from the Board' s Web site (www.ipcb.state.il.us). Th e fu ll text of the Adopted Amendments begins o n the next page:Section 240.101 240.102 240.103 240.104 240.105 240.106 240 .10 7

Section 240.121 240.122 240.123 240.124 240.125

Section 240.140 240 .141 ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS T I

TLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER 1: POLLUTION CONTROL BOARD SUBC HAPTER k: EMISSION STANDARDS AND LIMITATIONS FOR MOBILE SOURCES PART 240 MOBILE SOURCES SUBPART A: DEFINITIONS AND GENE RAL PROVISIONS

Pream ble Definitions Prohibit i ons Inspection Penalties Determination of Violation Incorporations by Reference SUBPART B: EMISS IONS

Smoke Emissions Diesel Engine Emissions Standard s for Locomotives Liquid Petroleum Gas Fue l System s Vehicle Exhaust Emi ss ion Standards (Repealed) Com pliance D etermin ati o n (Repea

. l ed) SUBPART C: SMOKE OPACITY STANDARDS AND TEST PROCEDURES FOR D IESEL-POWERED HEAVY DUTY VEHICLES
Applicability 1069 12

Smoke Opacit y Sta ndards and Test Procedures for Di esel

-Powered Heavy Duty Vehicles SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STAN DARD SSection 240. 1 51 240. I 52 240.153 ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS
Applicability Steady-State Idle Mode Vehicle Exhaust Emission Standards Compliance Determination SUBPART E: TRANSIENT LOADED MODE TEST EMISSION STANDARDS Section 240.161 240. 162 240. 163 240.164 240.165

Section 240.171 240.172 240.173 Applicability (Repealed) Vehicle Exhaust Emission Start-Up Standards (Repealed) Vehicle Ex hau st Emission Final Standards (Repealed) Vehicle Exhaust Emission Fast-Pass Standards (Repealed) Compliance Determination (Repealed) SUBPARTF: EVAPORAT IVE TEST STANDARDS
Applicability Evaporative System Integrity Test Standards Evaporative System Purge Test Standards (Repealed) SUBPART G: ON-ROAD REMOT E SENSING TEST EMISSION STANDARDS Section 240.181 240.182 240. 183

Section 240.191 240.192 240.193

Section 240

.201 Applicabilit y On-Road Remote Sensing Emission Standards Compliance Determination SUBPART H: ON-BOARD DIAGNOSTIC TEST STANDARDS
Applicability On-Board Diagno stic Test Standards Compliance Determination SUBPAR'J' 1: VISUAL TNSPECTTON TEST STANDARDS
Applicab ilitv 1070 12ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS 24 0

.202 240

. 2 0 3 Visual Inspection T e st Standard s Compliance Determina tion 240.APPENDIX A 240.APPENDIX B 240.TABLEA 240.TABLEB 240.TABLE C Rule into Section Table Section into Rule Table Vehicle Exhaust Emission Start-Up Standards (Repealed) Vehicle Exhaust Emission Final Standards (Repealed) Vehicle Exhaust Emission Fast-Pass Standards (Repealed) 1071 12

AUTHORITY : Implementing Sections 9 and 10 and authorized by Sections 27 and 28 ofthe Env ironmental Protection Act [415 ILC S 5/ 9, 10, 27, and 28] and Section 13C-20 of the Vehicle Emissions Inspection Law of2005 [6 25 ILCS 5/ 13C-20. SOURCE: Adopted as Chapter 2: Air Pollution, Part VII: Mobile Sources, filed and effective April 14, 

### 1 972; codified at 7 Ill. Reg. 13628; amended in R85-25, at 10 111. Reg. 11277, effective June 16, 1986; amended in R90-20 at 16 Ill. Reg. 6184, effective April 7, 1992; amended in R94- 20 at 18 III. Reg. 18013, effective December 12, 1994; amended in R94-19 at 18 Ill. Reg

. 18228, effective December 20, 1994; amended in R98-24 at 22 Ill. Reg. 13723, effective July 13, 1998; expedited correction at 22 

### IlL Reg. 21120, effective July 13, 1998; amended in RO 1-12 at 24 Ill. Reg. 19188, effective December 18 , 2000; amended in RO 1-8 at 25 Ill. Reg. 3680, effective February 26, 200 1; amended in R02-8 at 25 Ill. Reg. 163 79, effective December 18, 2001; amended in Rll-19 at 35 Ill. Reg. 5552, effective March 18, 2011; amended in Rl2-12 at 36 Ill. Reg. 1066, effective February 1, 2012.
B OARD NOTE: T his Par t implements the- Gnv i ro mnental Pro tecti on Act a s o f 

### July 1, 19 94. SUBPART A: DEFINITIONS AND GENERAL PROVISIONS 

### Section 240.102 Definitions All terms that appear in this Part have the definitions specified in this Section, the Vehicle Emissions In spection Law of2005 [625 ILCS 

### 5113C], and 35 Ill. Adm. Code 201 and 211. When conflicting definitions occur between this Section and 3 5 Ill. Adm. Code 201 or 211 , the definitions ofthis Section apply in this Part. "Agency" means the Illinois Environmental Protection Agency. "Diesel engine" means all types of internal-combustion engines in which air is compressed to a temperature sufficient ly high to ignite fuel inj ected directly intoILLINOIS REGISTER 1072 12 POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS the cylinder area. "Diesel locomotive" means a diesel engine vehicle designed to move cars on a railway. "Evaporative system integrity test" means a test of a vehicle's evaporative system. The test shall either consist of a leak check of a vehicle's fuel cap with a fuel cap pressure decay tester (fuel cap pressure decay test), a fuel cap leak flow tester (fuel cap leak flow test), or a visual functional check, as applicable. "Fuel cap" means a device used to seal a vehicle's fuel inlet. "Fuel cap leak flow test" means a test which may be 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 this Part. "Fuel cap leak flow 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 of this Part. "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 ten 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 of this Part. "Gross vehicle weight rating" ort GVWR ) " means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle. "Heavy duty vehicle" means any motor vehicle rated at more than 8500 poundsILLINOIS REGISTER 1073 12 POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS GVWR or that has a vehicle curb weight of more than 6000 pounds or that ba s a basic vehicle frontal area in excess of45 square feet. "High idle" mean s a vehicle operating condition with engine disconnected from an external load (placed in either neutral or park) and operating at speed of 2500 ±3 00RPM. "Idle mode" means that portion of a vehicle emission te st procedure conducted with the engine disconnected from an external load and operat ing 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. "L ight duty truck 1" means a motor vehicle rated at 6000 pounds maximum GVWR or less and which has a vehicle frontal area of45 square feet or le ss, and which is designed primarily for purposes oftransportation ofproperty or is a derivation of such a vehicle, or is designed primarily for transportation of persons and has a capacity of more than 12 persons, or is available with special features enabling off-street or off-highway operation and use. "Light duty truck 2" means a motor vehicle rated between 6001 and 8500 pounds maximum GVWR and which has a vehicle frontal area of 45 square feet or les s, and which is designed primarily for purposes oftransportation of property or is a derivation of such a vehicle, or is designed primarily for transportation of persons and has a capacity of more than 12 persons, or is available with special feature s enabling off-street or off-highway operation and use. "Light duty vehicle" means a passenger car or passenger car derivative capable of seating 12 passengers or fewer. "Measured values" means five-second running averages ofexhaust emission concentrations samp led at a minimum rate oftwice per second. "Model year" mean s the year of manufacture of a motor vehicle based up o n the annual production period as designated by the manufacturer and indicated on the title and registration of the vehicle. If the manufacturer does not designate a production period for the vehicle, then "model year" means the calendar year ofILLINOIS REGISTER 1074 12 POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS manufacture. "Motor vehicl e "_, a s u s ed in this Part, s hall have the same m e aning as in Secti o n 1- 146 ofthe Illino

. is Vehicle Code [625ILCS 5/1 -1 46]. "Opacity" means the percentage 

### of li g ht transmitted from a source that is prevented from reaching a light detector. "Preconditioning mo de" means a period of steady -state high-idle operation conducted to en s ure that the engine and emissions contro l s ystem component s are operating at norm a l operating temp e ratures, thus minimiz ing false failures cau s ed by improper or insufficient warm-up. "Second-chance idle mode" means the second oftwo idle mode sampling p eriods during a steady-state idle mode test, preceded by a preconditioning mode and utilized as a second chance to pa ss idle exhaust emis s ion standards immediately following an initial idle mode failure. "Snap-acceleration test" means a te s t to measure exhaust s moke opacity from heavy-duty die s el powered vehicles 

### in accordance with the SAE Jl667 procedure , incorporated by reference at Section 240.107 ofthis Subpart.

" Steady-state idle test" means a v ehicle emission test proc edure consisting o f an initial idle mode mea s urement of exhau s t emissions follo w ed , if necessary , by a loaded or high idle preconditioning mode and a second-chance idle mode. "Vehicle curb weight" means the actual vehicle weight plus standard equipment and a full fuel tank. "Visual inspectio n test" me ans a visual examin ati on of a veh icle's malfunction indic ato r lamp (MIL) co ns is tin g ofvcrifving t he status of the MIL i n the key



### on /engine ot f pos i tion fo llowed by

**verit~ ng**  th e 

### status o_f the MIL 

### in the keyon/engine on p os il ion to determine the statu s ofthe 

### MII

. , and ex istence of an emission 

### rel ated ma l function with the vehicle. (Source: Amended at 36 Ill. Reg. 1066, effective February 1 , 2012) 

### Section 240.104 InspectionILLTNOIS REGISTER 1 075 12 POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS a) AJl motor vehicles subject to inspection pursuant to Section 13C-l5 of the Vehicle Emissions Inspection Law of2005 [625 ILCS 5/1 3C-15) shall comply with applicable vehicle emission standa rds contained in Sections 240.152, 240.172, 240.182,-a-t'l-4240.192. and 240

. 202 ofthis Part. b) All diesel-powered vehicles subject to inspection pursuant to Section 13-109.1 of the Illinois Vehicle Code [625 ILCS 5113-1 09.l].must comply with applicable smoke opacity standards set fo1th in Section 240.141(a) of this Patt. (Source: Amended at 36111. Reg. 1066, effective Februar y 1, 2012) 

### Section 240.105 Penalties a) Any violations ofS ection8ections 240.103,240.121,240.122, or 240 .123 ofthis Part shall be subject to the penalties as set forth in Section 42 ofthe Act [415 ILCS 5/42]. b) Any violations of Section Sections 240.1 04(b), 240.152, 240.172, 240.182 , er 240.192, or 240.202 ofthis Patt, as applicable. shall be subject to the penalties as set forth in Sections 13C-55 and 13C-60 of the Vehicle Emissions Inspection Law [625ILCS 5/l3C-55 and 13C

- 60)

. c) Any violation of Section 240.141(a) ofthis Part will be s ubje ct to penalties as set forth in Section 13-109.1 ofthe Illinois Vehicle Code [62 5 ILCS 5/ 13-109.1]. (Source: Amended at 36lll. Reg. 1066, effective February 1 , 2012) 

### Section 240.106 Determination ofViolation a) Any violations of Sections 240.103, 240.121, 240.122, or 240.123 ofthis Patt sha ll be determined by visual observation or by a test proced ur e employing an opacity measurement system as qualified by 35 Ill. Adm. Code 20 1 , Subpart J. b) Any violations of Sections 240.152, 240.172, 240.182, er-240 .192 , or 240

. 2 02 of this Part ,JJS

**applicable~.** shall be determined in accordance with test procedures adopted by the Agency in 35 Ill. Adm. Code 276. c) Any violation of Section 240.14 1 (a) ofth is Part will be determined in accordance wit h test procedures set forth in Section 240.14 l(b) of thi s Part.ILLINOIS REGISTER 1076 12 POLLU T ION CONTROL BOARD NOTICE OF ADOPTED AMENDMENTS
(So urce: Amended at 36lll. Reg. 1066, effective February 1, 2012) SUBPART D: STEADY-STATE IDLE MODE TEST EMISSION STANDARDS Section 

### 240.151 Applicability T hi s Subpart is effective through January 31. 2012

. The standards of this Subpart apply to those vehicles identified 

### in subsection 13C-25(d) ofthe Vehicle Emissions In spection Law of2005. (Source: Amended at 36 Ill. Reg. 1066 , effective February 1 , 20 12) SUBPARTF: EVAPORATIVE TEST STANDARDS Section 

### 240.171 Applicability This Subgart is e t iective through January 3 1, 2012. The standards of this Subpart apply to those vehicles identified in subsection 13C-25(d) ofthe Vehicle Emissions Inspection Law of2005. (Source: Amended 

### at 36 Ill. Reg. 1066, effective February 1, 2012) SU13PAR'[I: 

### YlS.VAL INSPECTION 

### TES:r STANDARDS S ection 

### 240.20 1 Applicability This Subpart is applicable beg i nning February 1, 20 1 2

. The standards oft hi s Subpart apply to those vehicles tested pursuant to Sect ion 13C-25(h) of the Vehicle Emissions Inspection Law of 2005

. (Source: Added at 36lll. Reg. 1066 , effective February 

### 1 , 2012) .Sccti

. on 

### 240.202 Vis ual Inspection Test Standards Vehicles s ub ject to visual inspection testing shall fail the visua l inspection test 

### if the MIL docs not illuminate in the kev- on/en gine off pos i .tion o r continuouslv i[Jum inates in the key-oq/engine on position. (Source : Added at 36 Ill. Reg. 1066 , effective February 1 , 2012)ILLlNOlS REGI STER 

### 1077 12 POLLUTION CONTROL BOARD NOTICE OF ADOPTED AME NDMENT S 

### Section 240.203 Compliance Determination Compliance shall be determined 

### based upon a visual examination of the MlL using the 

### vi sual inspect ion test

**proc;_~cl ure**  **s** 

### aQQ.Qted by the 

### Agencv in 35 IIL Adm

. 

### Code 276

. 

### (Sour ce: Added at 36 Ill. Reg. 1066, effective February 1 , 2012)