Attachment 71

Notice of Public Hearing 

Illinois Register publication 

25 Ill. Reg. 11943 

I 

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REG STER RULES 

OF GOVERNMENTAL 

. AGENCIES 

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Volume 2 5, Issue 3 7 

September 1 4, 2 00 1 

SEP 1 4 2001 

~EPA LIBRARY 

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5) -------------~I~L~L~I~N~OI~ REGISTER 11943 01 ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PUBLIC HEARING ON PROPOSED RUI,ES Bead_~I!'L_of the Part: Procedures to be Followed in the Performance of Inspections of Motor Vehicle Emi ssions Code Ci ta tion: 35 Ill. Adm. Code 276 Regis t er Citati9n to Notice of Propos ed Rules: 25 111 Reg. 10973; August 31, 2001. ~~me and Location of Publ ic Hearing : l'he Illinois Env ironmental Protection Agency will hold a publ ic hearing at 10:00 A.M. on September 28 , 2001 a t the Illino is EPA' s Elk Grove Vil lage office a t 831 Busse Road , Elk Grove Village, Illinoi s Other Pertinent Information~ None 

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Attachment 72

Record of Hearing 

held September 28, 2001 

92801EPA.V1 10/15/2001

1 BEFORE THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

2 IN THE MATTER OF: )

)

3 PROPOSED AMENDMENTS TO )

TITLE 35, ILLINOIS ADMINI- )

4 STRATIVE CODE, PART 276 )

5

6 REPORT OF PROCEEDINGS taken at the

7 hearing of the above-entitled matter, held at

8 831 Busse, Elk Grove, Illinois, before Hearing

9 Officer Christopher P. Demeroukas, reported by

10 Janice H. Heinemann, CSR, RDR, CRR, a notary public

11 within and for the County of Du Page and State of

12 Illinois, on the 28th day of September, 2001,

13 commencing at the hour of 10:00 a.m.

14

15 APPEARANCES:

16 MR. CHRISTOPHER P. DEMEROUKAS, Acting IEPA

Hearing Officer;

17

MS. ELIZABETH TRACY, Manager, Division of

18 Vehicle Inspection and Maintenance;

19 MR. JAMES MATHENY, Technical Services Manager,

Division of Vehicle Inspection and

20 Maintenance;

21 MR. MICHAEL HILLS, Engineer, Division of Vehicle

Inspection and Maintenance;

22

MR. BRAD FROST, Office of Community Relations.

23

24
92801EPA.V1 10/15/2001

2

1 I N D E X

2

3 PROCEEDINGS PAGES

4

5 Hearing Officer's opening statement 3 - 5

6

7 Presentation by Ms. Tracy 5 - 6

8

9 Presentation by Mr. Hills 7 - 19

10

11 Questions/comments from public 19 - 27

12

13 Hearing Officer's Closure of Hearing 27 - 28

14

15 EXHIBITS

16

17 (No exhibits marked.)

18

19

20

21

22

23

24
92801EPA.V1 10/15/2001

3

1 HEARING OFFICER DEMEROUKAS: Good morning.

2 My name is Chris Demeroukas. I'm an attorney with

3 the Illinois Environmental Protection Agency, and I

4 will be the hearing officer for this meeting.

5 This is an informational public

6 hearing under the provisions of Title 35, Part 164,

7 of the Illinois Administrative Code. The purpose

8 of this hearing is for the Agency to present

9 explanatory information and collect public comments

10 for the Agency's consideration before making a

11 final decision on whether to adopt or modify the

12 proposed amendments to Title 35, Part 276, of the

13 Illinois Administrative Code, entitled "Procedures

14 to be Followed in the Performance of Inspections in

15 Motor Vehicle Emissions." Copies of these proposed

16 amendments are located at the table in the back of

17 the room by Brad.

18 This hearing is not about any issues

19 other than those contained in the proposed

20 amendments. The Agency representatives and the

21 public will be required to focus their testimony

22 and comments, if any, solely upon the issues

23 contained in the proposed amendments.

24 The Agency will present testimony at
92801EPA.V1 10/15/2001

4

1 this hearing, then take questions and receive

2 comments on their testimony and the proposed

3 amendments. If you plan to provide verbal comments

4 at this hearing, please register and identify on

5 the registration card found in the back of the room

6 that you wish to provide comments. You will be

7 called on in turn to make a statement. Statements

8 and questions must address the specific proposed

9 amendments, and speakers may be asked to clarify

10 their comments by the hearing panel after giving

11 oral testimony. No one may be interrupted or

12 harassed while making a statement. If a large

13 number of people wish to speak, I will set time

14 limits for each speaker, though, I don't think

15 that's a problem today.

16 You are not required to verbalize any

17 comments at this hearing. Written comments are

18 given equal consideration and may be submitted to

19 the Illinois EPA at any time within the public

20 comment period. The record will close at the end

21 of this comment period on October 26, 2001. That

22 means that the Agency will consider any comments

23 received or postmarked by that date, October 26.

24 All public hearings are conducted in
92801EPA.V1 10/15/2001

5

1 an orderly manner and will be recessed or closed if

2 a member of the audience attempts to disrupt the

3 proceeding. The court reporter is present to

4 transcribe all statements to the official hearing

5 record. Speakers are asked to provide a written

6 copy of any written testimony to the Illinois EPA

7 during the comment period.

8 Now, I would like to introduce three

9 members of the Illinois EPA who will either present

10 testimony and/or receive and respond to comments.

11 They are to my immediate right, Elizabeth Tracy,

12 Manager of the Division of Vehicle Inspection

13 Maintenance; James Matheny, Technical Services

14 Manager of the Division; and Michael Hills,

15 engineer with the vehicle inspection and

16 maintenance program.

17 I understand that Ms. Tracy and

18 Mr. Hills will enter testimony into the record and

19 then they, along with Mr. Matheny, will receive

20 comments and respond to questions. Please do not

21 ask any questions until both speakers complete

22 their testimony.

23 Ms. Tracy.

24 MS. TRACY: Thank you. Good morning. My
92801EPA.V1 10/15/2001

6

1 name is Elizabeth Tracy, and I am the Manager of

2 the Division of Vehicle Inspection and Maintenance

3 for the Illinois Environmental Protection Agency.

4 The Agency has proposed amendments to the

5 procedures used in the Enhanced Inspection and

6 Maintenance Program. The purpose of the Agency's

7 proposed amendments to 35 Illinois Administrative

8 Code, Part 276, is to incorporate recent federal

9 rules and guidance and also to incorporate certain

10 procedures developed during our operation of the

11 program in order to provide a more efficient and

12 effective testing program.

13 These are relatively minor amendments.

14 They do not introduce a new test nor do away with

15 any portion of the current test. These proposed

16 amendments do not address vehicle damage issues

17 specifically, nor do they modify any test standard.

18 They are designed to take into account and utilize

19 the latest advances in testing procedures for the

20 types of vehicle emission tests that we perform in

21 our program.

22 Michael Hills of our technical support

23 group will now provide a detailed explanation of

24 the proposed amendments.
92801EPA.V1 10/15/2001

7

1 MR. HILLS: Good morning. My name is Mike

2 Hills, and I'm with Vehicle Inspection and

3 Maintenance Technical Services section.

4 The Illinois EPA is proposing to amend

5 Title 35, Part 276, to incorporate recent federal

6 rules and program experience concerning enhanced

7 I/M exhaust test dilution criteria, drive trace

8 requirements, and onboard diagnostic or OBD testing

9 modifications.

10 The Illinois EPA is proposing to

11 revise the dilution requirements for exhaust

12 emission tests. This revision will add a dilution

13 CO2 threshold for vehicles receiving the transient

14 loaded mode test and will remove the fuel economy

15 check.

16 The Illinois EPA has discovered that

17 the current fuel economy check is not sufficient to

18 insure complete capture of the exhaust stream from

19 the tailpipe during the transient driving cycle.

20 Therefore, a new method of exhaust dilution

21 identification is necessary.

22 The Illinois EPA proposes that all

23 transient loaded mode tests be conducted with a

24 dilution check that looks at the CO2 level in the
92801EPA.V1 10/15/2001

8

1 exhaust. This check will continuously monitor the

2 exhaust CO2 generated during the transient driving

3 cycle and compare it with a theoretical level of

4 CO2. Because all vehicles that burn a hydrocarbon

5 fuel produce CO2 during the combustion process,

6 vehicles that are tested with the collection hose

7 disconnected from the exhaust system will be

8 identified as having unrealistically low levels of

9 CO2. When this occurs, the test will be stopped

10 and the instructor will be instructed to verify the

11 connection of the collection hose to the exhaust

12 system. Once this is complete, the inspector will

13 be allowed to retest the vehicle. If the vehicle

14 again receives a dilution error, the inspector

15 will be instructed to notify the station manager

16 and will be allowed to retest with a manager

17 override. This will allow the testing of vehicles

18 that may, by design, have very low CO2 emission

19 levels.

20 At a minimum, a transient loaded mode

21 test shall receive a dilution error if five

22 consecutive one-second average CO2 values fall

23 below 0.085 percent during seconds 5 through 220 of

24 the transient driving cycle. This threshold may be
92801EPA.V1 10/15/2001

9

1 changed at a later date if data indicates that the

2 different level or method is more effective.

3 As I stated above, the Illinois EPA

4 has discovered that the current fuel economy check

5 is not sufficient to insure complete capture of the

6 exhaust stream from the tailpipe during the

7 transient driving cycle. During the past two years

8 of enhanced I/M testing, state quality assurance

9 personnel have witnessed many tests that were

10 conducted with the exhaust collection hose

11 disconnected from the vehicle exhaust. Most of

12 these tests were completed without the fuel economy

13 check identifying the exhaust dilution. The USEPA

14 has been aware of this problem and as a result has

15 removed the fuel economy check from their IM240

16 technical guidance. Therefore, in order to reduce

17 the possibility of an enhanced test being conducted

18 improperly or fraudulently, the Illinois EPA

19 proposes that the fuel economy check be removed

20 from the enhanced I/M test procedure requirements

21 and the new dilution check discussed previously be

22 adopted.

23 In addition, the Illinois EPA is

24 proposing to revise the drive trace requirements
92801EPA.V1 10/15/2001

10

1 for the enhanced I/M exhaust emissions test. This

2 revision will clarify the procedures to be followed

3 when an underpowered vehicle is encountered during

4 the transient loaded mode drive trace portion of

5 the enhanced I/M test.

6 During the transient drive trace, the

7 vehicle is required to maintain a certain speed for

8 each second of the test. Excursions from this

9 speed are allowed as long as they do not exceed

10 plus or minus two miles per hour or, if they do,

11 the exceedance does not last for more than two

12 seconds. An exception to this standard has always

13 been allowed for vehicles that are underpowered.

14 However, the current test procedures are not clear

15 on how to handle these underpowered vehicles.

16 Therefore, the Illinois EPA developed a new

17 procedure that clearly states how underpowered

18 vehicles are to be treated during the transient

19 driving cycle.

20 This procedure allows excursions below

21 the two mile per hour limit as long as they occur

22 only during acceleration periods. These

23 acceleration periods are defined as seconds 4

24 through 18, 97 through 115, and 154 through 219.
92801EPA.V1 10/15/2001

11

1 If the vehicle speed falls below the drive trace

2 limits during one of these periods, the test will

3 be stopped and the inspector will be given the

4 option of performing a manager override to allow a

5 retest that allows the vehicle to complete the test

6 even if it falls below the trace limits during the

7 defined periods. This retest must be conducted

8 with the station manager as a witness to ensure

9 that the trace excursions are not being caused by

10 the inspector's driving technique. As in the

11 initial test, if any speed excursions occur that

12 are above the drive trace limits the retest will be

13 aborted and restarted. The retest shall be aborted

14 if the vehicle speed falls below the drive trace

15 limits outside the allowed periods or

16 decelerations. Once the retest is complete, the

17 manager will be allowed to override any trace

18 statistic or distance errors as long as the

19 requirements stated above are met. These changes

20 will allow those vehicles that by design or

21 condition cannot meet the speed requirements of the

22 drive trace to complete the enhanced I/M test.

23 The Illinois EPA is proposing to

24 revise the OBD test procedures. These
92801EPA.V1 10/15/2001

12

1 modifications are the result of amendments made by

2 the United States Environmental Protection Agency

3 or USEPA as part of its April 5, 2001, rulemaking.

4 The amendments include the flexibility to allow

5 vehicles with unset readiness codes to complete the

6 full OBD-I/M inspection without being rejected, the

7 simplification of the list of diagnostic trouble

8 codes or DTCs that constitute the OBD failure

9 criteria, an addition of a malfunction indicator

10 light or MIL visual check, and the extension of the

11 date at which failure of the OBD test constitutes a

12 failure of the I/M inspection. This date will be

13 extended from January 1, 2001, to January 1, 2002.

14 In addition, the Illinois EPA is

15 proposing to clarify OBD test procedures by

16 specifying that a rejection of a vehicle during the

17 initial OBD test can only occur if unset readiness

18 codes are present, and a requirement that vehicles

19 which fail the initial OBD test for any catalyst

20 monitoring codes be rejected from the OBD retest if

21 the catalyst readiness monitor is not ready.

22 Finally, the Illinois EPA is proposing

23 to provide as part of the test report to motorists

24 of any vehicle rejected from the OBD test the
92801EPA.V1 10/15/2001

13

1 rejection reason.

2 The vehicle OBD system monitors the

3 status of up to 11 emission control-related

4 subsystems by performing either continuous or

5 periodic functional tests of specific components

6 and vehicle conditions. When a vehicle is scanned

7 in an OBD test lane, these readiness monitors can

8 return a code of ready, meaning the monitor in

9 question has been evaluated; not ready, meaning the

10 monitor has not yet been evaluated; or not

11 applicable, meaning the vehicle is not equipped

12 with the component monitor in question. A

13 readiness code of not ready could mean that one of

14 following has occurred:

15 One, the vehicle has not yet been run

16 under specific conditions necessary for the OBD

17 system to evaluate the monitor in question; two, a

18 unique, vehicle-specific OBD system failure; or

19 three, a fraudulent attempt to avoid I/M program

20 requirements by clearing OBD codes just prior to

21 the OBD I/M test, by, for example, temporarily

22 disconnecting the battery.

23 To address these possibilities, the

24 USEPA and the current Illinois EPA regulations
92801EPA.V1 10/15/2001

14

1 require that a vehicle be rejected from the OBD

2 test if one or more of these monitors returns a

3 readiness code of not ready. However, in reviewing

4 data from Wisconsin's OBD-I/M program, the USEPA

5 found that this rejection requirement might be more

6 rigorous than either is necessary or practical.

7 The Wisconsin data showed that up to

8 6 percent of the OBD-equipped fleet were presented

9 for testing with unset readiness codes. Most of

10 these vehicles were limited to the earliest of the

11 OBD-equipped model years, and the causes of the

12 readiness issue was largely beyond the control of

13 the motorist.

14 Therefore, to avoid unnecessarily

15 inconveniencing motorists, the USEPA decided to

16 allow states to adopt the flexibility to permit

17 model year 1996 through 2000 vehicles with two or

18 fewer unset readiness codes, and model year 2001

19 and newer vehicles with only one unset readiness

20 code to complete the full OBD-I/M inspection

21 without being rejected. However, the complete OBD

22 test will still be run in all cases, and the

23 vehicle must be failed if any of the failure

24 criteria are met. The Illinois EPA proposes that
92801EPA.V1 10/15/2001

15

1 this new OBD test rejection flexibility be adopted

2 by the State to minimize motorist inconvenience.

3 In addition, when a motorist is rejected for unset

4 readiness codes, a list of these codes will be

5 provided at the time of the rejection in order to

6 assist the motorist in preparing his or her vehicle

7 for testing.

8 Despite these new flexibility

9 provisions, there will still be vehicles that

10 cannot be tested due to known readiness design

11 problems. The USEPA as well as the Illinois EPA

12 have found a small number of vehicles that have

13 problems with one or more of the continuous OBD

14 monitors, i.e., misfire, fuel trim, and/or

15 comprehensive components. This should not happen

16 because continuous monitors are designed to run

17 continuously and, therefore, should always be

18 flagged as ready. The USEPA has investigated this

19 issue and found that the problem is the result of

20 incompatibility between the vehicle and the OBD

21 test scanner software and is not indicative of a

22 fault with the vehicle's OBD system. Therefore, in

23 order to minimize motorist inconvenience, the

24 Illinois EPA proposes that when establishing the
92801EPA.V1 10/15/2001

16

1 readiness status of vehicles, the continuous

2 monitors should be disregarded.

3 The Illinois EPA has addressed the

4 readiness code status of vehicles returning for a

5 retest as well. There is a good chance that a

6 vehicle returning to the test lane immediately

7 following repair will have had the fault code

8 memory cleared by the repair technician. Upon

9 clearing the fault code memory, however, all

10 readiness codes will also be cleared and set to not

11 ready. This can be especially true for OBD

12 catalyst monitors. Therefore, the USEPA has

13 recommended that any vehicle which fails the

14 initial OBD test for any catalyst monitoring codes

15 be rejected from the OBD retest if the catalyst

16 readiness monitor is not ready. The Illinois EPA

17 proposes that this recommendation be incorporated

18 into our rules to insure that catalyst repairs have

19 been performed correctly.

20 Currently, the Illinois EPA

21 regulations identify a subset of power train

22 diagnostic trouble codes or DTCs that are relevant

23 for I/M purposes. DTCs are alphanumeric codes

24 which are set in a vehicle's OBD system when a
92801EPA.V1 10/15/2001

17

1 monitor detects a condition likely to lead to, or

2 has already produced, a component or system

3 failure, or otherwise contribute to exceeding

4 applicable emission standards. If a vehicle is

5 identified through OBD inspection as having a

6 malfunction indicator light or MIL commanded on for

7 one or more of these power train DTCs, then the

8 regulations require that the vehicle fail the

9 inspection. In an attempt to simplify these

10 failure criteria, USEPA amended the standards to

11 require the failure of a vehicle for the presence

12 of any DTC that results in the MIL being commanded

13 on.

14 Because USEPA regulations require that

15 the MIL only be illuminated for emission-related

16 malfunctions, nonemission-related components and

17 systems malfunctions would not result in the MIL

18 being commanded on. In order for the vehicle to

19 fail the OBD I/M inspection, DTCs must be present

20 and the MIL must be commanded on. Therefore, the

21 need for a specific list of emission-related DTCs

22 in the OBD test standard is unnecessary.

23 Furthermore, the USEPA has examined data from over

24 300,000 OBD-I/M checks performed in actual I/M
92801EPA.V1 10/15/2001

18

1 lanes and has not found a single instance where the

2 presence of a nonemission-related DTC resulted in

3 the failure of the vehicle for the OBD test.

4 Therefore, in order to simplify the OBD test

5 procedure, the Illinois EPA proposes that the list

6 of OBD DTCs be dropped from our rules.

7 The malfunction indicator light visual

8 check, also known as the bulb check, was added by

9 the USEPA to ensure that the OBD system is fully

10 functional. The MIL visual check requires the lane

11 inspector to determine whether the vehicle's MIL

12 illuminates while the vehicle ignition is in the

13 key-on/engine-off position. If the MIL does not

14 illuminate, even momentarily, then the vehicle will

15 fail the OBD test, even if the MIL has not been

16 commanded on.

17 Vehicle OBD systems were designed with

18 a built-in check of the MIL that allows technicians

19 to check for MIL illumination when the ignition is

20 in the key-on/engine-off position. The MIL should

21 illuminate at least for a few seconds, even if the

22 MIL has not been commanded on. For the OBD system

23 to operate as designed, it must be able to alert

24 the motorist through the illumination of the MIL
92801EPA.V1 10/15/2001

19

1 when a monitor detects a condition likely to

2 produce a component or system failure. If the MIL

3 is not functioning, the only time an OBD emission

4 problem will be identified is when the vehicle is

5 tested in an OBD-I/M test lane. With a properly

6 functioning MIL, the motorist will be made aware of

7 the OBD emission problem the moment it occurs.

8 This will increase the likelihood of vehicle

9 emission-related problems being corrected by the

10 motorist outside the normal I/M testing cycle, in

11 some cases, before additional component or system

12 failures occur due to the malfunctioning component

13 or system.

14 Finally, the Illinois Pollution

15 Control Board has extended the date at which

16 failure of the OBD test constitutes a failure of

17 the I/M inspection from January 1, 2001, to

18 January 1, 2002. The Illinois EPA recommends that

19 this new date be adopted in Part 276 to correspond

20 with the date in Part 240.

21 HEARING OFFICER DEMEROUKAS: Thank you. At

22 this point I would like to ask anyone in the

23 audience who has comments or questions for the

24 speakers or anyone up here to please state those
92801EPA.V1 10/15/2001

20

1 comments or ask those questions. And if you do so,

2 please state your name and spell your last name.

3 Sir?

4 MR. BROOKS: Bob Brooks. That's

5 B-r-o-o-k-s.

6 I've got several questions about what

7 you just presented. Number one, can I have a copy

8 of everything that you have said? This is

9 extremely detailed, extremely complicated,

10 extremely technical; and I would like an

11 opportunity, of course, to have it reviewed by

12 people who are very close to this thing. Can I

13 have a copy of what you just said?

14 HEARING OFFICER DEMEROUKAS: Since what

15 was read into the record may have been modified

16 from his prepared statement, we can get you a copy

17 of the transcript, which should be available in

18 about a week, ten days. But we will be able to get

19 it to you within the public --

20 MR. BROOKS: This will be exactly what he

21 has said?

22 HEARING OFFICER DEMEROUKAS: What he has

23 said, right. It's the transcript.

24 MR. BROOKS: Well, I'm just asking to
92801EPA.V1 10/15/2001

21

1 clarify. So I have got to wait a week or ten days

2 to get a copy or transcript of what he said, is

3 that correct? And how do I get that?

4 HEARING OFFICER DEMEROUKAS: We will send

5 it to you.

6 MR. BROOKS: You will send it to me. You

7 have my address and everything?

8 HEARING OFFICER DEMEROUKAS: Why don't you

9 go ahead and tell us that right now for the record.

10 Or Brad, you say he has it on the

11 registration card?

12 MR. BRAD: We have it on the registration

13 card.

14 HEARING OFFICER DEMEROUKAS: Should we send

15 it to that address?

16 MR. BROOKS: For the record, send it to

17 1342 North Jackson Street, Waukegan, 60085. Okay?

18 Second question. This, this enormous

19 amount of detail that you have just presented in

20 this, which will be in a transcript, what is the

21 source of all of that detail? Is this something

22 the federal EPA mandated that you apply to this

23 program? Did you think it up yourself? Are other

24 states going to do the same thing as you have
92801EPA.V1 10/15/2001

22

1 described?

2 MR. HILLS: Most of the OBD items that I

3 discussed were part of the USEPA guidance on OBD

4 testing.

5 MR. BROOKS: Most of.

6 MR. HILLS: Primarily all of it was taken

7 from their guidance.

8 MR. BROOKS: Primarily all of it.

9 MR. HILLS: Yes.

10 MR. BROOKS: This is -- In other words,

11 this is federal EPA's guidance to you with what to

12 do?

13 MR. HILLS: Correct.

14 MR. BROOKS: With what exceptions? In

15 other words, what was determined by Jim and the

16 others as to something you want to do that was not

17 in the mandated changes or guidance as you call it?

18 MR. HILLS: I can't really think of any

19 changes actually that --

20 MR. BROOKS: So it is all of the -- All of

21 that is mandated by or directed by federal EPA?

22 MR. HILLS: Yes.

23 MR. BROOKS: It's all?

24 MR. HILLS: Uh-huh.
92801EPA.V1 10/15/2001

23

1 MR. BROOKS: Okay. And as I understand

2 from what you are saying, you are going to go ahead

3 with this program on January 1, 2002, for all cars

4 '96 or newer; is that correct?

5 MR. HILLS: Correct.

6 MR. BROOKS: Okay. Now, the preamble to

7 this said that there was no opportunity to discuss

8 anything other than the detail of this, which is

9 very limiting, I find unfortunate. But are you

10 aware of the fact that the National Academy of

11 Sciences' study of the so-called I/M program is

12 very clear that it should not -- the OBD system

13 should not be used until its problems are solved.

14 And its problems are well described in this

15 document, which has -- which shows that a very high

16 percentage of OBD faults do not correlate to

17 emissions problems. You are aware of that?

18 MR. HILLS: No, I'm not.

19 MR. BROOKS: Have you read this report?

20 MR. HILLS: No, I have not.

21 MR. BROOKS: You have not. So you are not

22 aware of what the National Academy of Sciences

23 recommended with respect to this program?

24 MR. HILLS: No.
92801EPA.V1 10/15/2001

24

1 MR. BROOKS: You were about to say

2 something, Jim.

3 MR. MATHENY: We have reviewed the report,

4 and I'm not sure that your characterization of what

5 the report is recommending is entirely accurate. I

6 don't believe their recommendations -- they

7 recommend in there that states should not or the

8 USEPA should not go ahead with OBD, OBD testing.

9 MR. BROOKS: I will see if I can find it.

10 HEARING OFFICER DEMEROUKAS: If I can

11 remind people in the audience, the question for

12 today's hearing is not whether or not any element

13 of the enhanced I/M test is going to continue to be

14 performed or not be performed.

15 MR. BROOKS: I understand. You are

16 strictly dealing with detail of this, not with any

17 aspect of the concept of it or the strategy.

18 HEARING OFFICER DEMEROUKAS: That's

19 correct.

20 MR. BROOKS: I understand that. I just

21 thought maybe this gentleman might -- He has not

22 read this. He is not at all familiar with this.

23 And that's I think unfortunate, but we are not

24 permitted to discuss that. I will see if I can
92801EPA.V1 10/15/2001

25

1 find it, Jim. It's in here.

2 HEARING OFFICER DEMEROUKAS: Take this off

3 the record.

4 (Discussion outside the record.)

5 HEARING OFFICER DEMEROUKAS: Yes,

6 Mr. Brooks. You have another comment?

7 MR. BROOKS: On another subject in here, I

8 notice there is another reference to the fact that

9 tires ought to be looked at for whether they are

10 low pressure or not. It's a matter of the judgment

11 of the emission test station people whether the

12 tire looks low and that they should, if they look

13 low, be brought up to 30 psi or the tiremaker's

14 recommended pressure.

15 Let me just point out in that

16 connection that a recent analysis of consumer

17 habits with respect to tire pressure by the

18 National Highway Transportation Safety

19 Administration found that --

20 HEARING OFFICER DEMEROUKAS: Excuse me,

21 Mr. Brooks. Where in the proposed amendments did

22 you find that?

23 MR. BROOKS: It was -- I apologize if it

24 was in a different copy of one that I received.
92801EPA.V1 10/15/2001

26

1 HEARING OFFICER DEMEROUKAS: No. I'm just

2 asking where.

3 MR. BROOKS: Well, I'm trying to --

4 HEARING OFFICER DEMEROUKAS: Okay.

5 MR. BROOKS: The copy it was referred to

6 was in a different one than I have here.

7 HEARING OFFICER DEMEROUKAS: The copy that

8 we brought with us, which is the publication in the

9 Illinois Register on page 10988 -- And I'm not

10 sure if you have that copy. If you don't, there is

11 a copy in the back of the room.

12 MR. BROOKS: 109 --

13 9HEARING OFFICER DEMEROUKAS: Page 10988.

14 It's on the left side.

15 MR. BROOKS: 10988?

16 HEARING OFFICER DEMEROUKAS: Yes. In the

17 copy of the Illinois Register version. It's got

18 two pages on one page printed out sideways.

19 MR. BROOKS: Proposed amendments. 10988

20 did you say?

21 HEARING OFFICER DEMEROUKAS: Correct. And

22 on the left side I believe you are referring to

23 item No. 9, 30 psi.

24 MR. BROOKS: There you go.
92801EPA.V1 10/15/2001

27

1 HEARING OFFICER DEMEROUKAS: Unfortunately,

2 that's not the subject of this hearing. It's not a

3 changed amendment. It's what is currently in

4 Part 276. So I will have to ask you not -- to

5 direct comments to something that's changed or

6 proposed to be changed in this rulemaking.

7 Are there any other questions?

8 (No response.)

9 HEARING OFFICER DEMEROUKAS: If none, I

10 would like to say thank you and remind everyone

11 that you may send written comments to the Agency's

12 hearing officer after this public hearing.

13 Comments must be postmarked before

14 midnight on October 26, 2001, and sent to William

15 Seltzer, Hearing Officer, Mail Code 21, Illinois

16 Environmental Protection Agency, 1021 North Grand

17 Avenue East, P.O. Box 19276, Springfield, Illinois,

18 62794-9276.

19 The Illinois EPA will consider all

20 comments received at the hearing and during the

21 comment period prior to making its final decision

22 concerning these proposed amendments. A response

23 summary that describes the Illinois EPA's final

24 decision and response to the questions and concerns
92801EPA.V1 10/15/2001

28

1 posed by the public concerning this rulemaking will

2 be mailed to everyone who has submitted written

3 comments and/or registered at the hearing. The

4 response summary will also be available upon

5 request to any other interested persons.

6 This hearing is now closed.

7 * * *

8 (Which were all the proceedings

9 had in the above-entitled

10 cause.)

11

12

13

14

15

16

17

18

19

20

21

22

23

24
92801EPA.V1 10/15/2001

29

1 STATE OF ILLINOIS )

2 ) ss.

3 COUNTY OF DU PAGE )

4

5

6

7

8

9 I, JANICE H. HEINEMANN, CSR, RDR, CRR,

10 do hereby certify that I am a court reporter doing

11 business in the State of Illinois, that I reported

12 in shorthand the testimony given at the hearing of

13 said cause, and that the foregoing is a true and

14 correct transcript of my shorthand notes so taken

15 as aforesaid.

16

17

18

19

Janice H. Heinemann, CSR, RDR, CRR

20 License No. 084-001391

21

22

23

24

Attachment 73

Agency’s Second Notice package sent to JCAR 

dated January 30, 2002 

J C A R 

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 

[G]f'Jl\ffTI-p-z: I q 

1021 No~m CRAND Av£NuE EAST, P.O. Box i 9276, SPR1NGFtcLD, ILuNOts 62794-9276 

R£Nf.f. CIPRIANO, DIRECTOR il..LiriOiS 

r'r::-''-t'<-'~L ASSEMBLY 

January 30, 2002 

Ms. Vicki Thomas 

Executive Director 

Joint Committee on Administrative Rules 

700 Stratton Building 

Springfield, Illinois 62706 

I.... .... ,. ! • ~ . {-.. 

Subject: Procedures to be Followed in the Performance ofinspections of Motor 

Vehicle Emissions (35 IlL Adm. Code 276) --Second Notice 

Dear Ms. Thomas: 

Pursuant to 1 Ill. Adm. Code 220.600 and Section 5-40(c) of the IIlinois Administrative 

Procedure Act, the Illinois EPA is submitting the Second Notice for the proposed. · 

rulemaking invoLving 35 Ill. Adm. Code 276: On-Board Diagnostic Testing. This 

proposed rulemaking was published at 25 Ill. Reg. 10,973 on August31, 2001. 

If you or your staffhave any questions regarding the proposed rulemaking, please 

contact: 

Illinois Environmentat Protection Agency 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

217/782-5544 FAX: 2171782-9807 

Cordially, 

Charles E. Matoesian 

Enclosures 2ND 

JCAR 

.. · .. 

. PG #ICJf 7 c.. .,. .. __ ::.....,: ;,J 

GEORGE H . R~'AN, G O VERNOR 

PRINTW ON RtcYCLEO f>A.PER 

i' 

. ' 

. ' • 

..... 

I 
SECOND NOTICE 

REQUIRED INFORMATION 

Procedures to be Followed in the Performance oflnspcctions of Motor Vehicle 

Emissions 

35 Ill. Adm. Code 276 

l. Name of the Agency: Illinois Envirorunental Protection Agency. 

2. Title of Proposed Rulemak.ing: Procedures to be Followed in the Performance of 

Inspections of Motor Vehicle Emissions (35 Ill. Adm. Code 276). 

3. Date, Issue, and Page Number of the lllinois Register in Which the First Notice 

was Published: at Vol. 25, Issue 35, page I 0,973 (Aug. 31, 2001). 

4. Full Text and Specific Location of Changes Made During First Notice: The 

changes suggested by the staff of the Joint Committee on Administrative Rules 

have been incorporated in the Agency version (see attachment "A"). 

5. Response to any Recommendations Made by the Administrative Code Division: 

No changes were recommended by the Administrative Code Division. 

6. A Statement Whether This Rulemaking Contains an Incorporation by Reference: 

This rulemaking does not contain incorporations by reference pursuant to Section 

5-75 of the Administrative Procedure Act, 5 ILCS 100/5-75 (2000). 

7. Final Regulatory Flexibility Analysis: 

A. Summary of Issues Raised by Small Businesses During First 

Notice: No comments have been received from people or 

organizations that identified themselves as specifically 

representing small businesses. 

B. Description of Actions Tais.~n on any Alternatives to the Proposed 

Rulemaking Suggested bv Small Businesses During First Notice: 

No suggestions by individuals or organizations that identified 

themselves as small businesses or small municipalities were 

received by the Illinois EPA during the first notice period. 

8. Methods Used by the Agency to Comnly with Section 5-30 ofthe II!inois 

Administrative Procedure Act 5 ILCS 100/5-30 (1996) and 1 Ill. Adrn. Code 

220.285: In order to provide an opportunity for small businesses, not for profit 

corporations, or municipalities to participate in the rulemaking process, the 

Illinois EPA published a regulatory agenda in July of200l that indicated that 

small businesses> not for profit corporations> and municipalities that either own or 
.. , ! ~ .... 

-- --

operate any emission source that is subject to state emission testing requirements 

\Vould be affected by the proposal. 

9. An Evaluation of all Comments Received by the Agency Concerning the 

Proposed Rulemaking During the First '!'iotice Period: 

A. A List of all Persons or Organizations Making Comments on the Proposed; 

Rulemakjng: The only comments received by the Il!inois EPA were from. 

one individual and they were not germane to the proceedings. 

B. A List of Specific Cri5icisms, Su!!gestions, and Comments Raised bv 

Jn ~sted Persons and th_e Agency's Analvsis of Such: The only . 

comments received by the Illinois EPA were from one individual and they 

were not germane to the proceedings. 

C. Changes Made to the Rules by the Agency as a Result of Comments: 

There were no changes made to the proposed rules by the Agency as a 

result of any comments . 

. D. Names of all Persons or Organizations Requesting a Public Hearing and 

the Date of any such Hearing: No persons or organizations requested a 

public hearing. A public hearing was held at the Agency office in Elk 

Grove on December 28, 2001, at 10 a.m. · 

10. Justification and Rationale for the RulemakiQg;, 

A. Citations to Changes in Illinois Laws that Require the Rulemaking: No 

changes to Jllinois laws require this rulemaking. 

B. Explanation of Changes in Agency Policies and Procedures that Require 

the Rulemakin& No changes to Agency policies or procedures requir~ 

this rulemaking. 

C. Citations to Federal Laws. Rules or Ref,rulations, or Funding Requirements 

that Require the Rulemaking: The changes to federal rules and guidance 

included the following: "Amendments to Vehicle Inspection Maintenance 

Program Requirements Incorporating the Onboard Diagnostic Check; 

Final Rule", April 5, 2001(66 FR 18156) and "Performing Onboard 

Diagnostic System Checks as Part of a Vehicle Inspection and 

Maintenance Program," EPA420~R~01 015, Transportation ru1d Regional 

Programs Division Offic~ ofTransportation and Air Quality, USEPA, 

Jtme 2001. 

D. Citation ru1d Copies of Court Orders or Decisions that Require the 

Rulemaking: No court orders or decisions require this rulemaking. 

3 
-- --

E. A Comp)ete Explanation of Any Other Reasons: Evidence fwm field 

audits indicated that changes would lead to the better detection of dilution 

checks. Clarifications were made to the speed excursion limits. The 

requirement for having a low emissions tune-up was obsolete. 

Clarifications were made to definitions and other, minor aspects of the 

rule . 

. 11. Name, f\~ldn: $S, and 'I_-~lcphone and Telefax Numbers ofthe Agency's 

Representative Who will Respond to the Joint Committee on Ad1pinistrative 

Rufes: 

Charles E. Matoesian 

Assistant Counsel' 

Division of Legal Counsel 

Illinois Environmental Protection Agency 

1021 North Grand Avenue East 

P. 0 . Box 19726 

Springfield, 1llinois 62794-9276 

217/524-9453 

2171782-9807 Telefax 

J2. State Mandates Act Questionnaire: The State Mandates Act questionnaire was 

not requested of the Agency. 

13. Analysjs ofEcol)omic and Budgetary Effects of the Proposed Bulemaking: An 

analysis of Economic and Budgetary Effects of the Proposed Rulemaldng was 

requested of the Illinois EPA, and is included as Attachment "B". 

14. Any New or Revised Form Referenced in the Rules: There are no new or revised 

forms referenced in the proposed rule'making. 
,, 

--

Attachment A 

First Notice Changes 

Agency: Illinois Environmental Protection Agency 

Rulemaking: 35 Ill. Adm. Code 276 

Changes: 

1. In line 45, "Repealed" should be underlined. 

2. In line 4 7 . "Repealed" should be underlined . 

In lines 107- l 08 "amended at 25 Ill. Reg .. _____ _, effective 

."Should be added. 

4. In line 112 the comma after "mathematics" should be changed to a semi-colon. 

5. In line 310, "which" was changed to that. 

6. In line 311, "or not" should be inserted before, " ... a given" and after 

"whether ... '' 

7. In Line 410. the entire line should be underlined. 

8. ln line 459, the comma after "40 CPR 51.353(c)" should be underlined and the 

parenthetical after "Subpart S" should be eliminated. 

9. tn·line 901, the apostrophe in "DTC's" should be removed. 

10. In line 920, "Repealed" should be underlined. 

11. In line 955, "Amended" should be changed to "Repealed" 

12. After line 956, sections 276.402 and 276.403 should be deleted. 
--

Attachment B 

Analysis of Economic and Budgetary Effects 

Agency: Illinois Envirornnental Protection Agency 

Rulcmaking: 35 Ill. Adm. Code 276 

Illinois Register Citation: 25 Ill. Reg. 10,973 (August 31, 2001) 

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

relevant explanation. 

1. Anticipated effect on State expenditures and revenues. 

Current cost to the agency for this program/activity. 

i58.8 million estimat5fd expendi_tures for 2002. 

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

year in which this change will first occur and the dollar amount of the effect. This 

rulemaking :Vill not result in an increase or decrease in cost. 

Indicate the funding source, including Fund and appropriation lines, for this 

program/activity. 

Motor Fuel Tax Fund to the Vehicle Inspection Fund (963): Federal 

reimbursement through CMAQ. administered bv the Ill. Dept. of 

Transportation 

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

specify the fiscal year in which this change will first occur and the estimated dollar 

amount of the effect. No increase or decrease in the costs of another state agency is 

anticiQated. 

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

already indicated above? Specify effects and amounts. No additional effect on state 

~ues or expenditures is anticipated. 

2. Economic effect on persons affected by the rulemaking. 

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

Positive __ Negative_ No effect 

Persons affected No negative economic effects expected.:. 
Total Statewide cost$ 

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

will occur. (Example: Additional continuing education courses will 

require expenditures for course fees.) Economic effects are a consequence 

of changes in failu:ce rates, wait times and re-tests. 

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

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

documentation, reporting or completion of forms? Compare to current requirements. No 

effects are anticipated. 

7 

Attachment 74

Memo from JCAR accepting Second Notice 

dated January 31, 2002 

JOINT~. l'tJ.:if!TTEE ON AD~flNISTRAiV•RULES • ILLINOIS GENHlAL ASSEMBLY ., . ~ \. 

. . . CO-CHA!R 

SEN. 8AAACK OBAMA 

SEN. J. BRADLEY 9UP.ZYNSKt 

SEN. DOAlS KARPIEl 

SEN. LISA MA(XGAN 

CO•CHAIR: SEN. WI\.LIAM O'DANIEL 

AE P. ART T E NHOUSE SEN. STEVE AAVSCHEN8ERGEA 

REP TOM CROSS 

EXECUTIVE DIHECTOA: 

VICKI THOMAS 

TO: 

FROM: 

DATE: 

RE: 

700 STRATTON 6!JILOtNG 

SPRINGFIELD, illiNOIS 62706 

2 t7nSS-2254 

MEMORANDUM 

Renee Cipriano, Director 

Environmental Protection Agency 

Vicki Thomeu> 

Executive Director 

1/31 /02 

REP. SIEVE DAVIS 

REP. PHIL NOVAK 

REP. DAN RUTHERFORD 

Procedures to be Followed in the· Perfonnance of Inspections of ~otor Vehicle 

Emissions (35lll Adm Code 276) 

25 Ill Reg 10973- 8/31 /0 1 

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

the above-referenced rulemaking. The Second Notice period began on l/3 1/02 and ends no later 

than 3/l6/02, unless extended pursuant to Section 5-40 of the IAPA. 

This rulemaking is scheduled lO be considered by JCAR at its 3/5/02 meering, currently 

scheduled for I 0:00 a.m., Room C·l, Stratton Office Building, Springfield, lL. Staff will. be 

. contacting you if they have questions concerning this rulemaking and will advise you of any 

change in time or location of the Committee meeting. 

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

VT:DC:nn 

cc: Charles Matoesian 

Adm. Code Div. 

i 

i 

' ! 

. I 

:I 

Attachment 75

JCAR Certification of No Objection 

Second Notice changes 

dated March 5, 2002 

_·.-::..~l _____ ~_;:J_;_O_JN_T_C_O_IT'[E!J_ ()_N ADM/NJSTRATIV~=U~L=E=S------~- ·t· ILLINOIS GENERAL ASSEMBLY . 

f~ · CO·CHAIR: SEN. J. BRADLEY BURZYNSKI 

SEN. OORIS KAAPIEL • 

SEN. LISA MADIGAN 

SEN. BARACK OBAMA 

CO·CfiAIA: SEN. WILLIAM O'DANIEL 

ReP. ART TEMiOVSE SEN. STEVE RAVSCHENBERGER 

REP. TOM CROSS 

EXECUTIVE DIRECTOR: 

VICKI THOMAS 

700 STRATI ON BUil.DING 

SPRINGFIELD. ILLINOIS 62706 

2171785·225-l 

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

CERTIFICATION OF NO OBJECTION 

TO PROPOSED RULEMAKING 

REP. STEVE DAVIS 

REP. PHIL NOVAK 

REP. OAN RUTHERFORD 

This is to certify that the Joint Committee on Administrative Rules, at its 3/5/02 meeting, 

COJ!Sidered Procedures to be Followed in the Perfonnance of Inspections of Motor Vehicle 

Emissions (35 fll Adm Code 276), proposed by the Envirorunental Protection Agency and 

published in the 8/31 /01 issue of the Illinois Register. After consideration, and based upon the 

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

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

rule making. 

V i<fi Thomas 

Executive Director 

Attachments: Agreements 

March 5, 2002 
Agency: 

Rulemaking: 

Changes: 

SECOND NOTICE CHANGES 

Environmental Protection Agency 

Procedures to be Followed in the Performance of Jnspections of Motor 

Vehicle Emissions (35 Ill Adm Code 276; 25 Ill Reg 1 0973) 

I. In line 46, delete "402" and reinstate "403" . 

2. ln line 47, delete "403" and reinstate ''404". 

3. In line 3 1 l, delete ".Q.t not" twice. 

4. In line 908, delete "(or 2003". 

S. ln line 909, delete the closing parenthesis. 

6. Jn line 915, delete "Qr 2003". 

2128101 
Attachment 76

Notice of Adopted Amendments 

Illinois Register publication 

26 Ill. Reg. 8113 

May 31, 2002 

I 

2002 

REG STER 

- - -- - - - - - - - - - - - - --

RULES 

OF GOVERNMENTAL 

AGENCIES 

Volume 26, Issue 22 

May 31, 2002 

Pages 7, 7 8 7 -8, 199 

Index Department 

Administrative Code Div. 

1 11 East Monroe Street 

Springfield, IL 627 56 

(217) 782-7017 

http://www.cyberdriveillinois.com 

ill \fiY Printed on recycled paper 

PUBLISHED BY JESSE WHITE • SECRETARY OF STATE 

1) 

2) 

3 ) 

4 ) 

5) 

6 ) 

7 ) 

8) 

9) 

ILLINOI S REGISTER 8113 

02 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTOED AMENDMENTS 

Heading of the Part: Proce dures to b e Fol lowed in t he Performa nce of 

Inspections of Motor Vehicle Emissions 

~ode Cita tion: 35 Ill. Adm Code 276 

ection

bers: E.f_oposed Act ion: 

276.102 Amended 

276.103 Amende d 

276.104 Amended 

276.201 Amended 

276.203 Amended 

276 . 207 Amended 

276 . 209 Amended 

276.402 Repealed 

Statuto ~y Authori ty: The Ill inois Environmen tal Protection 

ILCS 5/27) and the Vehicle Emissions Inspection Law of 1995 

5/13B) . 

Effective Date of Amendments : May 17, 2002 

Does thi1?._!_\l_lemaking contain an au'tomat i c repeal d ate? No 

Does this rulemaking contai n Incorporation s by refer ence? Yes 

Act . 

[625 

[415 

ILCS 

A copy of the adopted amendme nts, including any mate rial incorporated by reference , is on file in the agency's principal office and is available 

for publ i c inspect ion. 

Not i ce of Proposal Published i n Illinois Register: August 31, 2001; 25 

Ill. Reg. 10973 

10 ) Has JCAR issued a Sta tement of Objection to these amendments? No 

11) Differenc es between proposal and fina l version: There were three changes between the proposal and the f i na l version . First, in Section 276.209(d) , delete " ( or 2003" . Also, in Sectio n 276.209(d) , delete "1"· Finally, in the AGENCY NOTE following Sectio n 276.209 , delete "or 2003" . 

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

in the a g r eemen ts issued by JCAR? Yes 

13) Will these amendment s replace emergency .!!.mendments currently in effect? No 

14 ) Are there any amendme n ts pending on this Par t? No 

15) Summary and Purpose of Amendments: The adopted amendments to 35 Ill. Adm. 

Code 276 (vehicle emissions inspection procedures) will incorpor ate recent 

ILLINO

ENVIRONMENTA

NOTICE OF A

federa l rules and p rogram e xper

dilution criteria, dr i ve trac

("OBD") testing modifications

Specific revisions to key test p

A) DILUTION 

The adopted amendments revise 

emission tests to insure the com

the tail pipe during the transien

B) TRANSIENT LOADED t•lODE DRIVE 

This revi sion clarifies the proc

vehicle is encountered during 

portion of the enhance I/~1 test. 

by design or condition canno

trace to complete the enhanced I

C) OBD 

The amendments include the fle

readiness codes to complete· 

rejected, the simplification of 

("DTC") that constitute the O

malfunction indicator light ( "MI

clarify OBD reject test proce

reject reason(s) for any vehicle 

16) Information and questio ns reaard

directed to : 

Charles E. Matoesia

Assistant Counsel 

Illinois Environmen

Division of Le gal C

l02l North Grand Av

P . 0. Box 19726 

Springfield, Illino

( 217) 782-5544 

The ... Jull text of the adopt ed amendmen

.:...':···=--• , ( ·. ' ,.,,._;:.. 

.. --~ ,.) . ~-- :~ n ,_,_,.:_,,_ ·--~ ·s:" .. ; ~ ~ .·.= -:-:-::_, }:·:·' _,. __ .. -' ,: .-:~<i;,t-,1~,;.,- ~~~
•

. , .• -··-···--.... .-.-;-. - - . . . ... ,. . . ' · . .1. .. 

Section 

276.101 

276.102 

276.103 

276.104 

Section 

276.201 

276.202 

276.203 

276.204 

276 . 205 

276.206 

276.207 

27 6 . 209 

276.209 

sep·tiorl 

276.301 

276.302 

276.303 

276.304 

276.305 

276 . 306 

276 . 307 

276.306 

276.309 

276.310 

276 . 311 

276 . 312 

TT.T.TNOIS REGTSTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTOED AMENDMENTS 

TITLE 3 5: ENVIROHMENTAL PROTECTION 

SUBTITf,E B: AIR POLLUTION 

CHAPTER II : ENVIRONJ>IENTAL PROTECTION AGENCY 

PART 276 

PROCEDTJRES TO BE FOLLOWED IN THE PERFORMANCE OF I NSPECTIONS OF 

MOTOR VEHICJ,E EMISSIONS 

SUBPART A: GENERAL PROVISIONS 

Purpose and Applicabi lity 

Definitions 

Abbreviations 

Incorporations by Reference 

SUBPART B: VF..!IICLE E!HSSJONS INSPECTION PROCEDURES 

General Description of Vehicle Emissions Inspection Procedures 

Pollutants to be Tested - Exhaust Test 

8ll5 

02 

Dilution - Steady-State Idle Exhaust Test and Transient Loaded ~lode l'f~..ill!!!.L'Dli.!:. Steady-State Idle Exhaust Emissions Test Procedures 

Evaporative System Integrity Test Procedures 

Engine and Fuel Type Modificatio ns ~·ransient Loaded MOde Exhaust Emissions Test Procedures 

.On-Road Remote Sensing Test Procedures 

On-Board Diagnostic Test Procedures 

SUBPART C: STICKER OR CERTIFICA'l'E ISSUANCE, DISPLAY, AND 

POSSESSION 

General Requirements 

Determination of Affected Counties 

Emissions Inspection Sticker or Certificate Design and Content 

Tnitial Emissions Inspection Stickers or Certificates 

Exempt ~;missions Inspection Stickers or Certificates 

Renewal Emissions Inspection. Stickers or Certificates 

Temporary Emissions Inspection Stickers or Certificates 

Corrected or Interim Emissions Inspection Stickers or Certificates 

Waiver Emissions Inspection Stickers or Certificates 

Emissions Inspection Sticke;- and Certificate Display a nd Possession 

Change of Assigned Test Month Economi~ Hardship Ex tensi on Stickei:s or Certificates 

SUBPI\RT D: WAIVER AND ECONO~IIC HARDSHIP EXTENSION R:E:QtriHEHF.NTS 

Section 

276.401 

276.402 

276 . 403 

276 .404 

Section 

276.501 

276 . 502 

276 . 503 

276 . 504 

276 . 505 

276.506 

276 . 507 

276.508 

Section 

276 .601 

276.602 

276.603 

276.604 

276 .605 

276 . 606 

276.607 

Section 

276.701 

276.702 

276 . 703 

276.704 

276.705 

Section 

276.601 

276.602 

276.803 

ILLINO

ENVIRONMENTA

NOTICE OF A

Waiver Requi~ements Low Emissions Tuneups (Rep

Denial or Issuance of Wa iv

Economic Hardship Extensio

SUBPART E: TEST 

General Requ irements 

Steady-State Idle Exhau

Requirements 

Steady-State Idle Exhaust 

Evaporative System Int 

Performance Criter i a Tr~nsient Loaded Mode Test 

Tra nsient Loaded Mode Test 

On-Road Remote Sensing T

Performance Criteria 

On-Board Diagnostic Te

Performance Criteria 

SUBPART F : EQUIPMENT 

Steady-State Idle Test Equ

Steady-State Idle Test Equ 

Evaporative System Integ ri

Record Keeping 

Transient Loaded f1ode Test 

On-Road Remote Sensing Tes

On-Board Diagn ostic Test S

SUBPART G: FLEET 

General Requirements 

Fleet Inspection Permit 

Fleet Inspection Permittee 

Private Official Inspectio

Fleet Vehicle Inspection P

SUBPAR'!.' H: 

General Requirements 

Procedure for Filing Griev

Agency Investi gation 
276 .804 

Section 

276 .901 

276. 902 

276 . 903 

276.904 

Section 

276.1001 

276 . 1002 

TABLE A 

TABLE B 

ILLINOIS REGISTER 

ENVIRONM:i!."'NTAL PROTECTION AGENCY 

NOTICE OF ADOPTOED AMENDMENTS 

Review of Agency's Determination 

SUBPART I : NOTICES 

Ge n eral Requirements 

Initial Emissions Inspection Notice 

Warning Notice 

Second Warning Notice (Repealed) 

SUBPART J: RECIPROCITY WITH OTHER JURISDICTIONS 

8117 

02 

Requirements for Vehicles Registered in Affected Counties and Located 

in Other Jurisdictions Requiring Vehicle Emissions Inspection 

Requirements for Vehicles Registered i n Other Jurisd ictions Requiring 

Vehicle Emissions Inspect ion and Located in an Affected County 

Transient Driving Cycle 

Fast-Pass Speed Variation Limits Using Positive Kinetic Energy 

(PKE) Measurements 

AUTHORITY: Implementing and authorized by the Vehicle Emissions Inspection Law of 1995 [625 ILCS 5/Ch . 13B]. 

SODRCE: Adopted at 10 Ill. Reg . 13954, effective August 13 , 1 986; amended at 

16 Ill. Reg. 10230, effective J une 15, 1992; amended at 20 Ill. Reg. 8456, 

effective June 14 , 1996; amended at 22 Ill. Reg. 18867, effective September 28, 

1 998 ; amended at 26 Ill. Reg. 8113 - ,effective MAY17ZOO£ 

NOTE: In t h is Part, unless the c ontext clearly indicates otherwise, 

s uperscript numbers or letters a r e denoted by p arentheses; subscript are 

denoted by brackets; 'IN'r" means t h e integral symbol as used in mathematic" ; 

and "SUM" means the summat ion series or s igma f unction as used in mathematics. 

SUBPART A: GENERAL PROVISIO~S 

Section 276.102 Definitions 

a) 

b) 

Except as hereinafter stated and unless a different meaning of a 

is clear from its context, the definitions of terms used in this 

sha l l be the same a s those used in the Environmental Protection 

[415 ILCS 5] and the Vehicle Emis sions Inspection Law of 1995 

ILCS 5/Ch. 13B]. 

The following definitions a pply to this Part : 

term 

Part 

Act 

[625 

"Accuracy" means the combinatio n of bias 

technically defi ned as uncertainty, 

and precision errors, 

that quantifies the 

ILLINO

ENVIRONMENTA

NOTICE OF A

differences between a m

"Adjusted loaded vehic

weight plus the gross 

"Affected county" mean

in Section l3B-5 of the 

"Assigned test month 

Agency for testing a v

Month shall be 4 m

Expiration Date . 

"Calibration gas " mean

establish the response 

"Corrected or inter

certificate" means a s

with Section 276.308 of 

vehicle test month issu

emissions inspection 

in Assigned Test Month

issued an Initial Em

with an Assigned Test M

'Diagno~t ic trouble cod

is set in a vehicle's 

condition li kely to ind

malfunction of t he vehi

"Drift" mean s the amoun

per iod of time . Zero d

Span drift refers to a 

gas calibration point . 

•'Economic hardship exte

that may be granted to 

owner(s) to comply with 

Inspection Law of 1995 . 

11Emission control dev

which were designed and 

evaporative system emis

term refers to compon

equipped or direct repla

"Equivalent test weight

light duty vehicles a
....... 

______ , ___ ·•·• ILLINOIS_ REGIS'rER 8119 

02 

ENVIRONMENTAL PROTECTION AGENCY 

NOTTCE OF ADOP1'0ED AMENDMENTS 

loaded vehicle we ight for light duty trucks 2 and heavy duty 

trucks . 

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

portion of a vehicle's evaporative system, which consists of 

either a fuel cap leak flow test, a fuel cap pressure decay test, 

or a fuel cap visual functional test, a s applicable. 

"Exempt 

sticker 

of this 

1\ffected 

emissions inspection st icker or certificate 11 means a 

or certificate issued in accordance with Section 276.305 

Part to the owner(s) of a vehicle registered in an 

County which is exempt from emissions inspection 

puJ:suant to Section 13B-15(f) or l3B-l5(g) of the Vehicle 

F!missions 

Part . 

In~pection Law of 1995, and the requ iremen ts of this 

"Exhaust gas analyzer" 

means a device 

identify unknown concentrations of 

motor vehicle exhaust gases by 

conce ntrations of analytical gases. 

that has the capability to 

pa rticular constituents in 

comparison with known 

".Expiration date" means the deadline for having a vehicle 

inspected 1md obtaining ·the appropr iate sticker or certificate. 

"Fle_et inspection permit" means a permit issued to fleet 

s elf-testers in accordance 

with Subpart G. 

"Fleet inventory" means those vehicles which have been registered 

with the Agency for the purpose of fleet self-testing and which 

have been assigned a test month. 

"Fle et vehicle" means any non-exempt vehicle registe red with the 

Agency for the pu'Iepose of· fleet self-testing. 

"Fuel cap• means a device used to seal a vehicle ' s fuel inlet. 

"Fuel cap leak flow test" means a test performed in accordance 

with this Vart on a vehicle's fuel cap using a ·fuel c a p leak flow 

tester to determine whether t he vehicle compli es 

with the 

evaporative system· emission standards of 35 Ill. Adm. Code 240 . 

"Fuel cap leak flow tester (fuel cap teste~)" 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 

c3tablished fuel cap l eak flow s tandard. 

"Fuel cap pressure decay test " means the test performed i n 

accordance with this Part on a vehicle's fuel cap using a fuel :;-.:;:,~: --:

--~!§...E

ENVIRONMENTAL 

NOTICE OF AOO

cap pressu re decay te

complies with the evapor

Ill. Adm. Code 240. "Fuel cap pressure deca y 

the pressure decay i

mon i toring the pressure 

period and comparing t h

t o an established fuel c

"Fuel cap visual functio

accordance with this 

analysis to determine w

evaporat ive system emis

"Gross ve h icle 

we ight ra

the manu facturer as the 

vehicle. 

"HC hangup" means hydro

analyzer gas sampling 

readings. 

"Heavy d).lty vehicle 

than B500 pounds GVWR o

than 6000 pounds or 

excess of 45 square f ee

"High idle" means a v

disconne cted from an 

park ) and operating at a 

"Household income" mea

members, except wage o

under 18 years of age. 

are not considered as 

i nterest, annuities, 

disability, public a i d

benefits, 

workers' co

such as utility allowan

"Idle mode" means tha

procedure conducted with 

load and op.erating at m

"Initial ern;.ssions in

sticker or certificate 

of this Part to the 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF l\DOP~'OED AMENDMENTS 

tested beca use such vehicle was not previ ous ly ins pection, .but has b ecome subje ct to inspection in 

with the Veh icle Emissions Inspection Law of 1995. 

8121 

02 

subject to 

accordance 

"Initial idle mode" means the first of up to t wo idle mode 

sampling period s during a steady-state idle mode test, during which exhaust emission measurement.s ar e made with the vehicle in 

"as-received" condition. 

"Interference" means those exhaust gas analyzer read-out errors 

caused by instrument response to non-interest gases typically 

occurring in vehicle exhaust . 

"Light duty truck l (LOTl)" means a motor vehicle ra t ed at 6 , 000 

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 t ransportati on 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 avail able wlth 

special features enabling off-st reet or off-highway operation and 

use. 

"Light duty truck 2 (LDT2)" means a motor vehicle rated between 

6 , 001 and 8,500 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 o f property or is a 

de c iva tion 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 specia l features ena bling off-street or off-h ighway operation and use. 

"Light duty vehicle (LDV)" means a passe nger car or passenger car derivative capable of seating 12 pa ssengers or fewer. 

"Loaded vehicl e weight" means. the vehicle curb weight plus 300 pounds . 

"Low income" means the household income during the preceding 12 month period was not more than 150 percent of the latest 

ava i l able poverty . guidelines established by the u.s. Department of Health and Human Services for the contiguous United States and 

the District of Columbi a . 

"Ma l function indicator light (MIL)" means the light found on the dashboard of OBD-equip.ped veh icles tha t is r e quired to be 

illuminated when the OBD system detects malfunctions like ly to result in emissions exceeding applicable emission standards. The 

MIL must display the phrase "Check Engine" or "Service Enqil'\~ 

ILLINOIS 

ENVIRONMENTAL 

NOTICE Of' ADO

Soon" . The word "Pow

Alter natively, the ~so e

"National Institute of S

a standard gas mai.ntaine

Institute of Standard

determining the accuracy 

"Non-exempt vehicle" m

inspections, regardless 

configuration , under t

1995 . 

"Non- fleet vehicle" mea

vehicles registered wi

self-testing. 

"Official inspection sta

facility operated by the 

the purpose of conduc

vehicles. 

"On-board diagnostic d

interface between a v

egui pment. 

~ 

"On-board diagnostic r ea

vehicle's onboar

monitor has been run 

question ~as been 

properly 1. 

{i.e

_<::h

"On-board diagnostic (OB

mon itor the performanc

metering s ystems, igni

operating parameters for 

deterioration in perform

vehicle to exceed federa

"On-board diagnostic 

se~nning of stored readin

and MIL illumination stat

determine if any emiss

if the MIL is commanded 

existence of an emission 

"On-road remote sensing t

and recording of vehic

!!!!.ll!!l--11!1! ... ------... -------

-

-

-

-

------·--nW• .. o--... ...... ~ -"'ip;: .. ~ .. -W,.,.,.. .,;.,_.,_-.. --.~- &5 ·: ~'"'W * '!W -m ..., .--.-.:,'/

,,,_, 
ln~:.;-r:_; t:;_n.,, .,p ' . J. . ... l ... ·.: ' a u-..._ e! ~nu~ f~~"•;:w:~•( ~ ·n .1. .. /.. -. . - . ·. . . . -.-. 

----- ILLINOIS REGISTER _________ . 8123 

02 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTOED AMENDMENTS 

hydrocarbons (HC) , carbon monoxide (CO), and c arbon d i o xide 

(C0[ 2 ) ) present in each in-use vehicle while traveling on 

roadways or in specified areas by equipment that is not connected 

to the vehicle . 

"Preconditioning mode" means· a period of steady-state loaded mode 

or high-idle operation conducted t o.ensure that the engine and 

emissions control system componen ts are operat ing at n ormal 

operating t emperatures, thus mi nimizing false failure caused by 

improper o r insufficient warm-up. 

"Private official inspection station" means a 

inspection f acility ope ra ted by a registered 

15 or more non-exempt f l eet vehicl es. 

vehicle emission 

owner o r l e ssee o f 

''Recognized repair technician~ means a person profession~lly 

engaged· in vehicle repair, employed by a going concern whose 

purpose is vehicl e ~epair, or possessing nationally recognized 

certification for emission related diagnosis and repa ir. 

"Renewal emissions inspection sticker o r certificate " means a 

sticker or certificate i ssued in accordance with Sect i on 276 .306 

of this Part to an owner of a vehicle which successfully passes a 

vehicle emissions test in accordance with the provisions of this 

Part. 

"Second-chance idle lllOde" means the second of two idle mo de 

sampling periods during a steady-state idle mode test , preced ed 

by a precond ition ing mode and u tilized as a second chance to pass 

idle exhaust emission standards immediately followi ng an i nit ial 

idle mode failure . 

uspan gas 11 means a·gas of known concent rations which is used to 

check or adjust the analyzer response characte ristics to those 

determined by the calibrat ion g a ses. 

"Steady-state idle test " means a vehicle emission test proced.ure 

consisting of · an initial idle mode measurement of exhaust 

emissions followed, if necessa ry, by a loaded or high idle 

preconditioning de and a second-chance idle mode . 

"Tcmperary emissions inspection sticker or certificate" means a 

sticker or certificat e issued in accordance with Section 276.30 7 

of this Part ·t o an owner of a vehicle subject to inspection which 

currently has a valid initial or renewal emission inspection 

sticker o r cer.tificate, and which has met the requir ements o f 

this Part . 

ILLINO

ENVIRONMENTA

NOTI CE OF A

"Test cycle " means 

Assigned Test Months. 

"Vehicle curb weight" 

standard equipment and 

"Vehicle inspection r e

indicating the resul

determination . 

''Visual f t1nctional t

vehicle 's fuel cap f

defects which would pr

"Waiver" 

vehicle 

attempts 

"Waiver 

sticker 

of this 

means a suspe

comply with e

to do so, as 

emissions insp

or c ertificat

Pa rt to the ow

vehicle emi ssions t e s

complies with the appl

''Waiver inspect ion" me

inspector to determine 

"Waiver inspector" m

conduct wa ive r inspe

a pplic a tions for a wai

11Wa iver inspection 

eligibility reqniremen

to determine whet her a 

(Source : Amended at 26 

Mt•Y 1 '7 7007 ) 

Section 276 . 103 Abbr eviations 

Abbreviations used in this Pa rt 

ALVW 

cc/min 

co 

C0[2) 

CFV 

cvs 

adjusted loade

cubic cent ime t

ca:r:bon monoxid

carbon dioxide 

critical flow 

constant volum
!l.!& 

m:£ 

g pm 

GVWR 

HC 

HDV 

hr 

I/M 

kW 

LDTl 

LDT2 

LDV 

LVW 

mi 

MI L 

NDIR 

NI ST 

NO 

NO[x] 

N0 ( 2 I 

OBD 

ppm 

ppmC 

psi 

RPM 

SDM 

SE 

ssv 

( So urcl'>: 

ILLI

NOIS REGI S'l'ER 

ENVIR

ONMENT

AL PROTECTI ON AGENCY 

NOTICE OF AOOPTOED AMENDMENTS 

data link c o nnecto r 

d iagnosti c t r ouble code 

g r ams pe r mi le 

g ross ve hicle 

we i gh t rating 

h ydrocarbo n s , a s he xa ne 

heavy duty vehicle 

hour 

i nspe c t i o n and ma int e na nce 

kilowa t t 

l i ght d uty truck 1 

l ight d uty t ruck 2 

light duty vehicle 

l oaded vehi c l e weight 

mi le, miles 

malf unctio n i ndica tor l i ght 

non-dispersive i n f r ared 

Na t ional Institute f or S t andard s a nd Te chnology nitroge n o xi de 

o xides of n i tro gen 

n itr o gen d iox ide 

o n- bo a r d d i a gnostics 

parts p er 

milli on b y vol ume 

part s p er 

mill i on, c a rbon 

pounds per s quare i nch 

r e volut ion s per minu t e 

sourc e detector mo d ule 

standa r d e rror of esti

ma t e 

s u bso nic ve ntur i 

Amended at 26 

!4.t.Y ~ 7 !OD7. > 

Ill. Reg. 81 1 3 

Secti o n 276.104 Incorporati ons by Referl'>nce 

8125 

02 

effective 

The f oll owi ng materials a r e incorporated b y reference a nd i nc lude no l a ter 

e ditions o r amendme n ts: 

a) 

United States Environmental Protecti o n Agenc y (OSEPA ) , " I M2 40 a nd Evaporative Test Guidance : 1998 Revis e d Tech nical 

Gu idance, " Report 

EPA-AA- RSPD-I M- 98- 1 (Dr a ft) , 256 5 Pl ymouth Road , Ann Ar bor MI 48105 

(Marc h 1998). 

NOTE: Sect ions of t h is 

Guidanc e a r e r efe renced as tho ugh the y a r e 

s e c tions of 40 CFR 85. 

b) Unite d Stat e s Environmental Protection Agency (USEPAJ , "High-Te ch I / M Test Proce dur e s, Emission Standards, Quali ty Co ntro l Requ i remen ts, a nd Equ i pmen t Spe cif icat i ons : I M2 40 and Fu nction al Eva porative System Tests , Revised Technical Guidanc e , " Report EPA- AA-RSPD-IM-96- 1 (Draf t ), ·2565 Plymou t h Ro ad , Ann 

Arbo r MI 481 05 ( J u ne 1996). 

NOTE: Se ctio ns o f th i s Gu idance a re r efe r enc ed as t ho ugh t hey are 

I LLI

NO

ENVIRONMENTAL 

NOTICE OF AD

s e c t ions o f 40 CFR 8 5 . 

c) 40 CFR 8 5 .2222 e s.ii ii, 

i44i9;-i443 3-i443 4-tMay- xe,-

d) 4 0 CFR 51. 353 ( c ).t....2l...,.J58( b) 

(July l , 2001 -l99'< ) . 

(Sou r c e: Amend ed a t ·~ :.~ 1 7 7001 26 l 

SUBPART B: VEHICLE E!1I

Sec tion 276 . 201 

General Desc ription 

Compliance with vehi c le exha us t. eva p

a nd o n- road sensing s tandards shall b

o t he r requireme n t s a s a pplicable 

perf ormed t o t he e x t<>nt p rac t i cable . 

(Sourc e : Amended at 26 ~,:.y I 7 1002 l 

Secti on 276. 203 

Diluti o n - Steady-S t

Mode _Exhaust Test 

!!.1 Steady-State I dle Ex ha usJ Te 

To p r e vent e xc ess di luti o

t e s t described in Section 27 

a min i mum o f 1 0 i nches int 

shall be u t i l i z e d if it is i 

l east 10 i nches i n t o the t 

inva l i d i f the 

ppli c~ble em

Code 2 40 a r e met bu t the s um 

exhaust gas does not <?xceed 

peri o d( s ) . 

~~ Tra n s ient Loaded 

Mo d e Exhaus 

To p revent exc~ss d i l u tio n 

emissions test described 

sys t em s hall be positioned t o 

exha u s t s tream f r om the ta

The test system sha ll verify 

collect e d through continuou

during the tra n s ient driving 

l evels o f e xhaus t COL2 ) p

vehicle emission test shall b

be l ow 

xpe~t d va l ues d u r i 

minimum, t he emission tes t 

one-second a ve rage C0( 2 ] v

seconds 5 th;;ough 2 20 o f t he 

..., ·o· :·c 

_ ¥"'fA?1'P'ifWcy«_ "II ·et) •·ea Wi~:,.;.<~ ~~:-":' '~•!• """";~....,.. "~""<~ >'111Wwki>Y~~>\i'..;:~ \(f~~ i.~~ ~>:>I(~Ulfit"* )';:;,;~~~~X::';(~~li<V.\i~'liW(I 'N'' ,~ i!k'.ll~' lfi T Ii : ':1 ~!I'Ilt'

~G'~ <'Im.-...~<.'><~
. .l . .. .. O'Oii!lf;dJ;-..:H rrn=z<? 11 'PT¥f5 pj 

-------------·-··-·-··-·-·-·· 

____ }LLINOIS REGISTER 8127 

(Source: 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTOED AMENDMENTS 

Amended at 

·1 7 7'107 

26 

) 

Ill. Reg. 811 s 

0 2 

-'• e f f ective 

Section 276.207 Transient Loaded Mode Exhaust Emissions Test Procedures 

a) General Requiremen ts 

l) The. test s ha l l consist of up to 240 seconds of mass emission 

measurement using a constant volume sampler while the vehicl e i s 

driven through a c omputer-monitored d riving cycle on a 

dynamometer with inertia weight settings appropriate for the 

weight of the vehicle. The driving cycle shall inc l ude 

accelerat ion, deceler atio n , and idle operating modes as specified 

in subsection (e)(l) of t his Section. The 240-second sequence 

may be ended earlier using fast pass algorithms. 

2) The emission standards and dynamometer i ne r tia and power 

absorption settings shall be automatica lly sele cted for the 

vehicle being tested based upon the i dentification and validation 

of t he following, as needed : 

A) Vehicle type: L.DV, LDTl, LDT2, a nd others as needed; 

B) GVWR; 

C) 6hassis model year; 

D) Make; 

E) Model; F) Number of cylinders; 

G) Transmission type; 

H) LVW or ALVW; and 

I ) Engine d isplacement_ 

Alternative computerized methods of select ing dynamometer test 

condi tions, such as VIN decoding, may be used. 

3) The ambient temperature, absolute humidity, and barometric 

pressure shall be recorded continuously during the transient 

or as a single set of readings if taken less than 4 min11t8s 

prior to the tra_nsient._driving cycle. 

4} If the vehicle ·t·s shut off, the vehicle shall be restarted as 

soon as before the test and· shall be r unning for at 

l east 3 0 :pr·ia·r t o the tr.ansient d_r i vif:19 cyG:l e begins. 

If a vehicle itaili during a transient t he test shall be 

aborted and restar.ted. If after 3 attempts the t est cannot be completed, the veh.icl"e ·sha ll be rejected·. 

b). Pre-inspection ana' •. 

l) I nitial (i.·e.·, .those occurring for the first time in a 

vehicle's scheduled ·.te·s·t cycle) shall be performed without repair 

or adjustment at the inspection f a cility prior t o the test. 

2) A test, once initiated, shall be performed i n its entirety 

regardless of intermecliat e outcomes, except i n the case of 

i nvalid test con.ditions or u nsafe conditions. 

31 Tests involvi'ng measurement shall be performed with 

Agenc y-appr oved equipment t hat is operated in accordance with the 

I LLINO

ENVIRONMENTAL 

NOTICE OF A

p rocedures contained in 

reference in Section 2

4 ) All accessories [ a 

automatic tracti on con

off (if necessary, by 

5) The vehicle shall b

assessment while block 

C0[2] or other gases 

exhaust systems s hall b

6) Vehicles with missing 

of the exhaust c olle

s t ream shall be rejecte

7) The vehi c l e tempe r ature 

be checked to asses

indicates t hat the e 

temperature , t he veh test if i t fails the in 

overheated condition s

8) Vehicles s hall be rejec

A) exhibit visible 

damage , or 

B) are spac e-saver sp

C) are not reasonably 

9) Vehicles• d rive axle 

i nflatio n. If one or m

be i nflated t o appro

pressure , o r manufactu

10) Drive axle tires of 

the purpose of prog

incorporated by refer

shall have t heir tires 

11} BackgJ;ound concentratio

sampled as spec ified 

i ncorporated b y referen

determine background 

s hall be taken for a m

a f ter t he start of 

analyzers used t o meas

over t he 15 seconds 

record. Testing shall 

background levels are 

NO[x] (when applicable) 

i nfluenced by s tation e

12) While a lane is i n 

the CVS hose between te

CVS is not in ope r

minutes prior t o the s

turne d off. The of
·,: 

------------·--- ILLINOIS REGISTER 8129 

02 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTOED AMENDMENTS 

recorded to a history file for qual ity assurance. 

c) Equipment Positi oning and Settings 

Veh icle positioning a n d settings shall be conducted according to the 

method spe cified in 40 'R 85 . 222l(c) (Draft), incorporated by 

r eference in Section 276 . 104(a) of this Part, with the following 

exceptions: 

1) the c o oling fan need only be activated when the ambient 

tempe rature exceeds 72°1''; 

2) the parkin g brake sh~uld only be activated on front wheel drive 

vehicles when possi ble; and 

3) the hood will not be opened for cooling purposes. 

d) Veh icle Conditioning 

1 ) Queuing Time 

When the meas u red wait time exceeds 20 minutes, the vehicle shall 

receive a second- chance emission test if the following conditions 

apply: 

A) fails the test; a nd 

B) mea.sured va l ues f or HC, CO, and NO[ x ] (if applicable) are at 

or below 1 . 5 times the applicable standards of 35 Ill. Adm. 

Code 240 . 

2) Program Evaluation 

Vehicles selected for additional testing for the pu rpose o f 

program evaluation under 40 CFR 51 .353, inco r porated by reference 

in Section 276.l04(d) of this Part, shall receive two full 

transient emission tests of 2 4 0 seconds e ach. Resu lts from both 

tests a n d the t est order shall be separately recorded in t h e test 

record. Emission r esults shall be provided to the motorist 

according t o the following criteria: 

A) I f the vehicle passes both tests, then the first test result 

shall be provided. 

B J If the v ehicle passes one test and f a ils the other test , 

then the test results from the passing test shall be 

provided. 

C) If the vehicle fails both tests, then the test results from 

the second test shall be provided . 

e) Vehicle Emission Test Sequence 

1) Transient Driv ing Cycle 

The vehicle shal l be driven over the driving cycle cont a ined in 

Section 2 76.Table A of this Part . 

2 ) Driving Trace 

The i nsp ector shall f oll ow an electronic, visual depiction of the 

time/speed relationship of the transient driving cycle 

(hereinafter, the trace). The visual depiction of the trace 

shall be of suff i cient magn ification and adequate detail to a llow 

accurate track ing by the driver and shall permit the driver to 

anticipate upcoming speed c hange s . The trace shall also c learly 

indicate gea r shifts as specif i ed in subsection ( e)( 3 ) of this 

Section . 

ILLINO

ENVIRONMENTA

NOTICE OF A

3) Shift Schedule 

Fo r vehicles with manu

gears acco rding to the 

Shift Seqvence 

~ 

1-2 

2 -3 

De-clutch 

1-2 

2- 3 

3-2 

2- 3 

3-4 

4-5 

S-6 

De-clutch 

Gear shifts s hall occ

the specified s peeds a

6 forward gears, the 

above the ·highest g ear 

4 ) Speed excursio n l imits 

A) The upper l imi t i

the trace within 

BJ The lowe r limi t 

trace within 1 sec

C) Speed va riations g

occur during g ear 

o c cur f or no more 

D) Speeds l ower tha

inte rvals of secon

through 219 of th

personnel the opti

test. As part of 

perso nnel will be 

iower---than---tho

eeeptab pro ±de

a~aitabie

-power-d

speed-± with±n th

i1 During the 

~_£Qnd 

~--~.t a 

seconds o n 

intervals. 

shall be sto

~~ -"" E M- ? 

~~~~~~'-~ -_,_I I '; - --·-·· 
J4# ~~:v ........ - .. -;--- ,.._.., wm .:;tw.,.. ,.,. • , .. >.---·.· -' , _; -=--~ p,- ,.. ... 

.iU II,LINOIS REGISTER 6131 02 ENVIRON

MENTI\L PROTECTION GENC~ NOTICE OF ADOPTOED AMr:NDMENTS 

f.£i~cted. 

~ed lo

we r than 

underpowered in~Prvals 

those prescribed during t he 

is detected, t he vehicle will 

have t he oppor tun i t y to regain the test t race speed. 

Once t he t e s t t r a ce speed is a tta i ned , t he vehicle 

will be required to meet the speed excuxsion 

limitations f or the entir ety of t he trace , out side the 

underpo

wered intervals. 

iii) Station supervisory personnel over r i des can be used to 

accept the r esults of the 

witnessed second or 

subsequent tra c e(s) ·if the ove rride is f l a gged with a 

trace stati&t ic or distance error s o long as it meets 

the requir ements specified in subsect ions (e ) ( 4 )(D)!il 

and (e)(4!(D)(i i ). 

Et· ee fte of-~he-~iMi~s- n- ~b e~iofts --tetf tf -- hro~gh ett+ ttet-- f--~h --See~ on harr- ma ±ea~±y-res~± e void teet ~--sta~i e~perT±~ y-pere nne%-ean o~err*d e eHt mat± -- o±d--of- a- ~es -±f-- --± determ±ned that-the 

e ond±tions-spee±f ±ed-±n-subeeet±on-tett+ttBt-of- this-Seet±on oee rred~--~hese eondi~ions-ehar%-b ver f±ed--by--repe t± g eeeonde- -- hrongh--±&--of--the-- efte ent-driving yeie- e pee E~ed-in eub~eetion-te £-~h± -SeetiOft• ~P) The tesl shall be aborted and immediately resta rted if speed 

excursion limits are exceeded, except a s described in 

subsection (e)(4)(D) of this Section. 

5) Sp ee d Variation Limits 

The spe ed variation limits shall be determined by one of the 

f ollowing methods: 

A) Linear Regression 

Method 

i) A lin ear .r e gres.sio n of f e edback value on reference 

value sha l l be performed on each transient driving 

cycle for e ac h speed using t he met hod of least squa~es with t he best fit equation having the 

form: y = mx • b, where: 

y : The feedback (actual) value of spee d 

m = The slope of the regression line ~ = The reference value 

b = The y-inter cept of the regression line 

i i ) The SE of y on x shall be calculated for each 

regression line . A transient driving eycle lasting the 

full . 240 s econds t hat exceeds the follo

wi ng criteria 

shall be void a nd t he test shall be r e pea ted: 

SE = 2 .0 

mph maxi

mum 

m : 0. 96 - 1. 01 

r(2) = 0. 97 minimum 

b =2.0mph 

iii) A transient driving cycle tha t ends before the full 

240 s econds that exceeds the following criteria shall 

Bl 

I LLI

ENVIRONMEN

NOTICE OF 

be void a

SE : (R

m : (R

r(2) = (R

b ~ (R

Positive Kineti

i) The spee d 

following 

N 

PKE 

=+ SU

t=

where: P

m

P

x 

P

V

V

ii) A tra ns ie

with a PK

passing 

vehicles 

Upper Lim

Lower Lim

iii) A transie

240 seco

second-by

above t he 

vehi c l e s 

The seco

specified 

iv) PKE value 

determin

6 ) The actual distanc

shall be measured . 

meas ured distance 

test exceeds 0.05 

mi

repeated . 

7 ) The vehicle s ha l l 

transient loaded 

mod

that the test canno

of t he vehicle. 

8) Inertia Weight Sele

Operation of the in

verified as specif
ILLINOIS REGISTER 8133 

02 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTOED AMENDMENTS 

systems employing electrical inertia· simulation, an a lgorithm 

identifying t he a c tual inertia force applied during the transient 

driving cycle shall be used to determined proper inertia 

simulation . 

9 ) The CVS operat·ion shall be verified for each test for a c·FV- type 

CVS by measuring either the absolute pressure difference across 

the venturi or measuring the blower vacuum behind the venturi for 

minimum l evels needed to maintain choke flow for t he venturi 

design . The operation of an SSV-type CVS shall be ve.rified 

throughout the test by monitoring the difference in pressure 

between upstream and throat pressure. The minimum values shall 

be determined from system calibrations. Monitored pressure 

differences below ·the minimum values shall void the test, and a 

test lane s ystem lockout shall be initiated. No furthe r testing 

shall be done until the problem is corrected by station 

supervisory personnel. At Official Inspection Stat ions, the 

vehicle involved s hall be immediately retested in a properly 

operating lane. ~9t Puet-Beonomy 

Por- - eaeh--te&tT-the-quaiity-o£- t be - overa*%-anaiysis-system-abaii eva ated by--el'leeking--a--teet--vebie ~s--fael onomy-- or ~easonab±e~e~e; -reiat~v~-~e-n~p~r-an~-lower- ±te 7-rep~esen~2~g the range-o£-fue%-economy-va~ues normaiiy--e oantered £or--the te~~---~ner~±a---and---ho sepe•er eeted~---Por--eaeh--±nertia sei eetiefty-the-upper-fuel-eeoftomy-limit-sball-he- det e rmffted- nsiftg 

the-ioweet-horeepower- eetting-typieally-eel eeted-for-the--±nertia 

weight r - --along--with--etatistieal--datay--test--experieneeT--and engineer ng-;udgment~--A--eimilar--proeess £o~--tbe--iower--£uel eeonomy-:-limit--shail:l-be-ttsed-with-thl!!- h:i:gbe.l!t- hor:ol!!powl!!r-settiftg typieall el!!leeted-for-tbe--inertia--w.,ight --Po test -inertfa seieetione - wher l!!-the-rangl!!-of-horsl!!power- eettings-is- grl!!atl!!r-tban borsepo rr--at-ieast-two-eete-o£-uppl!!r-a r-ftt ~eonomy !imits--ehaii--be--determined--and--appropriate%y--ueed--for--tbe eeleeted t-i"ertie.--~ests-witb-fae%-eeono alts-in-exel!!ss -lr5-timee thl!!-ttppl!!r-limit-sball-result-~ id- etr rlt System- boekoat a-~eid-oeea e-as-deeeribl!!d-in-ettbseetiens tt6tr 9tr--or tettl9t-of-this-SI!!etionT-th.,n t~st-lanl!! ystem-loe ttt-shall-b initiated~-- o-farther-teeting-eba he-do"e-until-thl!!-problem-te eorreetl!!d---by---etation--- sapervisory--person""'*•---At--e££ieiai nsp~etion Stations -th~-vebieie invorved shai immediatl!!iy retested-in-a-propl!!rly-operating ane~ f) Transien t Loaded Mode Exhaust Gas Test Score Calculations 

The transient l oaded mode ~xhaust gas t e st score shall be determined 

according to the method specified in 40 CFR 85.2205(b) (Draft), 

incorporated by reference in Section 276.104.(a ) of this Part, with the 

following exceptions: 

1 ) The Phase 2 scores for the test shall be determined by dividing 

IL

ENVIRON

NOTICE 

t he sum of the ma

t he Phase 2 te

test . The first 

t=95. The Phas

following equatio

s 

SUM 

~ .... L9.E.!!L :C. .... !:.

s 

SUM 

t=9

Where s = duratio

seconds for compl

2) NO[xe j = Nitrog

sample as measure

3) NO[xdj = Backgrou

air, sampled a s 

incorporated by 

measured in ppm a 

g) Pass/Fail Determinatio

Compliance with the tr

be made in accordan

Code 240, Subpart E. 

(Source: Amended at 

MAY 1 7 7007 

Sec tion 276.209 On-Board Diagn

a) Test Procedures 

The OBD test proced

specified in 40 CFR 

r eference in Section 2

the OBD test shall be 

of intermedi ate reject 

b) Pass/Fail Determinatio

The pass/ fail determ

according t~ the met

by reference i n Sectio

c) Reject Determination 9

The reiect determinati

to the method speci

modifications, accordin

testing: ~he-eBB-t 

epeeif ~a--±n--~e--ePR

1! . ~_.,, ... ._, __ :,_,_}.: 4 ,.. ~,...-~ .. -~-"'K~>:'I..,.~•..,~·l<.-.. u.>.~W ,..,."-""~~l~~~.-~~~'llf.l:~!~~r.;r;,;,:-,.1! J.U..~&l~~~t>U.'!..'.'>tf.;:~=~<<:".(",;;,; <.;.~:;:; ~1Jt~,s.;r,t~'~~~-.l<.
ILLINOIS REGISTER 8135 

02 

ENVIRONMENTAl. PROTECTION AGENCY 

NOTICE OF l\DOPTOED AMENDMENTS ~'16:-±&4tct- t-hi"--t>"rtr--wH:h--th~--~xef!pt1:on--thet -th~--fo!How1:ng st.etem~nt ehei%--be--.,dded--to-the-report-fo ±-eBB-t eondueted prior-to-Janu.,ry-ir- %99±,. ~~~t the present t±me -pess±ng-the-aBB-teet not -reqnirf!ment f"r eee±ng the-Bnlu>neecl-'1:;-'M-teeb· ~herefore; th±s nformat±on te- - be±ng---provtcled---.. triet±y---ae- --an- --.,±cl- - - ±n---cli "gnoe±ng em~ee±on re%cted pr.obleme7~ :U th~ __ vehicl.e is presented for testing, passes t he OBD inspection, 

but the.numbe r of unset non-continuous readiness codes exceeds 

the fo1lo.,ing : 

1U 2 monitors "not ready" for MY 1996 to MY 2000 vehicles, and 

!!1 1 monitor "not ready~' fOr MY 2001 and newer vehicles, or 

£1 the vehicle is presented for retesting after an OBD failure 

invol ving catalytic converter DTCs P 0 4 20 through P0439, ax•d th., 

catalyst monitor is •not read yM at the time of retest. 

Q1 OBD Test Report 

The OBD test r~rt shall be prepared according to the method 

spec i fied i n 4 0 CFR .22 23, incorporated by referenc e in Section 

276.!Q4 (Cl of this Part, with the exception that the fol l owing 

statement shall be added to the report for all OBD tes ts conducted 

prior to anu~, 2002, in accordance wi th 35 Ill. 1\dm. Code 

240 .191 : 

"At ~-Pl~~~assin the OBD test is no t a requirement 

f o r passi ng the Enhanced 1 / M test. Therefore , this i nformation 

is being provided strictly as an aid i n diagnosing ~missio related problems .... 

AGENCY NOTE: No vehicle shall fail the I/M test on the basis of the OBD 

test until January 1 , £00£.t ..... !n .. accordance with 35 Ill. Adm. Code 240.191 

2993:. 

(Sou rce: Amended at 26 

_ _ Ji~l.Jj_ZOO .. ____ .l 

Ill. Reg. 8113 =:; e ffective 

SUBPART D: WAIVER AND ECONOMIC HARDSHIP EXTENSION REQUIREMENTS 

;ection 216,402 Low Emissions Tuneups (Repealed) 

"t Minim.,m-Rf!qtt±rements 

i t Ait- -l:ow--emies±on,.--tunenps--ehal:%--inelude - - i nspe etion--o£- - t:he £oiiowing veh±cle nents-or-sys A1 eaner eleme ft; Bt othe e-restr±et±one

et ehoke-meeh .. ~± .. m7 

Bt idte-~peed -ig *t±on-dwe~~r-and t±m±ng7 B~ a~r fue~ ixtur~~ P1 sensors and-vaettum-hoses~ 

.. : 

ILL

ENVIRONM

NOTICE 

St pos±tive-erank

Bt exhan!lt-gae-r

ft spark-pittgs-a

ilt electron±e-£n

H7 <t±r-p.,mp.,- ~t hny-of-the-above-eo

operat±ng-~mproper

appr.,pr±ete..- ~t 1\- tow-em±ss±one-t"

ineiuding--eii--r~

ehamber-te~cf!pt--f

repiaeement7-ae-app

bt Pr.,o£-of.-aow-Bm~ae±one-~t

P~oo£--o£--iow-em~seions-

in-6ect:±on-~T6..-•9~tbt-

it a-~epai~-order-o~-r

the--repsirs;--the

dicgnoseeT--rll!'pai~f

statement--o£-eost:-

the-repa..tre; ~t ±f-neeeee.,ryr-a-v±

tfte-repa*rs-have-ae

3t ii--infor ation--r

nspeet±on eport-~

(Source: R~?ealed at 2

MAY 1 7 ZOOZ