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92_SB2199 LRB9212422EGfgA 1 AN ACT in relation to the regulation of air emissions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Environmental Protection Act is amended 5 by changing Section 28.5 as follows: 6 (415 ILCS 5/28.5) (from Ch. 111 1/2, par. 1028.5) 7 (Section scheduled to be repealed on December 31, 2002.) 8 Sec. 28.5. Clean Air Act rules; fast-track. 9 (a) This Section shall apply solely to the adoption of 10 rules proposed by the Agency and required to be adopted by 11 the State under the Clean Air Act as amended by the Clean Air 12 Act Amendments of 1990 (CAAA). 13 (b) This Section is repealed on December 31, 2012
2002. 14 (c) For purposes of this Section, a "fast-track" 15 rulemaking proceeding is a proceeding to promulgate a rule 16 that the CAAA requires to be adopted. For purposes of this 17 Section, "requires to be adopted" refers only to those 18 regulations or parts of regulations for which the United 19 States Environmental Protection Agency is empowered to impose 20 sanctions against the State for failure to adopt such rules. 21 All fast-track rules must be adopted under procedures set 22 forth in this Section, unless another provision of this Act 23 specifies the method for adopting a specific rule. 24 (d) When the CAAA requires rules other than identical in 25 substance rules to be adopted, upon request by the Agency, 26 the Board shall adopt rules under fast-track rulemaking 27 requirements. 28 (e) The Agency shall submit its fast-track rulemaking 29 proposal in the following form: 30 (1) The Agency shall file the rule in a form that 31 meets the requirements of the Illinois Administrative -2- LRB9212422EGfgA 1 Procedure Act and regulations promulgated thereunder. 2 (2) The cover sheet of the proposal shall 3 prominently state that the rule is being proposed under 4 this Section. 5 (3) The proposal shall clearly identify the 6 provisions and portions of the federal statute, 7 regulations, guidance, policy statement, or other 8 documents upon which the rule is based. 9 (4) The supporting documentation for the rule shall 10 summarize the basis of the rule. 11 (5) The Agency shall describe in general the 12 alternative selected and the basis for the alternative. 13 (6) The Agency shall file a summary of economic and 14 technical data upon which it relied in drafting the rule. 15 (7) The Agency shall provide a list of any 16 documents upon which it directly relied in drafting the 17 rule or upon which it intends to rely at the hearings and 18 shall provide such documents to the Board. Additionally, 19 the Agency shall make such documents available at an 20 appropriate location for inspection and copying at the 21 expense of the interested party. 22 (8) The Agency shall include in its submission a 23 description of the geographical area to which the rule is 24 intended to apply, a description of the process or 25 processes affected, an identification by classes of the 26 entities expected to be affected, and a list of sources 27 expected to be affected by the rule to the extent known 28 to the Agency. 29 (f) Within 14 days of receipt of the proposal, the Board 30 shall file the rule for first notice under the Illinois 31 Administrative Procedure Act and shall schedule all required 32 hearings on the proposal and cause public notice to be given 33 in accordance with the Illinois Administrative Procedure Act 34 and the CAAA. -3- LRB9212422EGfgA 1 (g) The Board shall set 3 hearings on the proposal, each 2 of which shall be scheduled to continue from day to day, 3 excluding weekends and State and federal holidays, until 4 completed. The Board shall require the written submission of 5 all testimony at least 10 days before a hearing, with 6 simultaneous service to all participants of record in the 7 proceeding as of 15 days prior to hearing, unless a waiver is 8 granted by the Board for good cause. In order to further 9 expedite the hearings, presubmitted testimony shall be 10 accepted into the record without the reading of the testimony 11 at hearing, provided that the witness swears to the testimony 12 and is available for questioning, and the Board shall make 13 every effort to conduct the proceedings expeditiously and 14 avoid duplication and extraneous material. 15 (1) The first hearing shall be held within 55 days 16 of receipt of the rule and shall be confined to testimony 17 by and questions of the Agency's witnesses concerning the 18 scope, applicability, and basis of the rule. Within 7 19 days after the first hearing, any person may request that 20 the second hearing be held. 21 (A) If, after the first hearing, the Agency 22 and affected entities are in agreement on the rule, 23 the United States Environmental Protection Agency 24 has not informed the Board of any unresolved 25 objection to the rule, and no other interested party 26 contests the rule or asks for the opportunity to 27 present additional evidence, the Board may cancel 28 the additional hearings. When the Board adopts the 29 final order under these circumstances, it shall be 30 based on the Agency's proposal as agreed to by the 31 parties. 32 (B) If, after the first hearing, the Agency 33 and affected entities are in agreement upon a 34 portion of the rule, the United States Environmental -4- LRB9212422EGfgA 1 Protection Agency has not informed the Board of any 2 unresolved objections to that agreed portion of the 3 rule, and no other interested party contests that 4 agreed portion of the rule or asks for the 5 opportunity to present additional evidence, the 6 Board shall proceed to the second hearing, as 7 provided in paragraph (2) of subsection (g) of this 8 Section, but the hearing shall be limited in scope 9 to the unresolved portion of the proposal. When the 10 Board adopts the final order under these 11 circumstances, it shall be based on such portion of 12 the Agency's proposal as agreed to by the parties. 13 (2) The second hearing shall be scheduled to 14 commence within 30 days of the first day of the first 15 hearing and shall be devoted to presentation of 16 testimony, documents, and comments by affected entities 17 and all other interested parties. 18 (3) The third hearing shall be scheduled to 19 commence within 14 days after the first day of the second 20 hearing and shall be devoted solely to any Agency 21 response to the material submitted at the second hearing 22 and to any response by other parties. The third hearing 23 shall be cancelled if the Agency indicates to the Board 24 that it does not intend to introduce any additional 25 material. 26 (h) In any fast-track rulemaking proceeding, the Board 27 shall accept evidence and comments on the economic impact of 28 any provision of the rule and shall consider the economic 29 impact of the rule based on the record. The Board may order 30 an economic impact study in a manner that will not prevent 31 adoption of the rule within the time required by subsection 32 (o) of this Section. 33 (i) In all fast-track rulemakings under this Section, 34 the Board shall take into account factors set forth in -5- LRB9212422EGfgA 1 subsection (a) of Section 27 of this Act. 2 (j) The Board shall adopt rules in the fast-track 3 rulemaking docket under the requirements of this Section that 4 the CAAA requires to be adopted, and may consider a 5 non-required rule in a second docket that shall proceed under 6 Title VII of this Act. 7 (k) The Board is directed to take whatever measures are 8 available to it to complete fast-track rulemaking as 9 expeditiously as possible consistent with the need for 10 careful consideration. These measures shall include, but not 11 be limited to, having hearings transcribed on an expedited 12 basis. 13 (l) Following the hearings, the Board shall close the 14 record 14 days after the availability of the transcript. 15 (m) The Board shall not revise or otherwise change an 16 Agency fast-track rulemaking proposal without agreement of 17 the Agency until after the end of the hearing and comment 18 period. Any revisions to an Agency proposal shall be based 19 on the record of the proceeding. 20 (n) All rules adopted by the Board under this Section 21 shall be based solely on the record before it. 22 (o) The Board shall complete a fast-track rulemaking by 23 adopting a second notice order no later than 130 days after 24 receipt of the proposal if no third hearing is held and no 25 later than 150 days if the third hearing is held. If the 26 order includes a rule, the Illinois Board shall file the rule 27 for second notice under the Illinois Administrative Procedure 28 Act within 5 days after adoption of the order. 29 (p) Upon receipt of a statement of no objection to the 30 rule from the Joint Committee on Administrative Rules, the 31 Board shall adopt the final order and submit the rule to the 32 Secretary of State for publication and certification within 33 21 days. 34 (Source: P.A. 90-265, eff. 7-30-97.) -6- LRB9212422EGfgA 1 Section 10. The Illinois Vehicle Code is amended by 2 changing Sections 13A-115 and 13B-25 as follows: 3 (625 ILCS 5/13A-115) (from Ch. 95 1/2, par. 13A-115) 4 Sec. 13A-115. Effectiveness. This Chapter 13A is 5 repealed on January 1, 2003 shall cease to be effective when6 the continuation of the program has been implemented under7 Chapter 13B. 8 (Source: P.A. 86-1433; 88-533.) 9 (625 ILCS 5/13B-25) 10 Sec. 13B-25. Performance of inspections. 11 (a) The inspection of vehicles required under this 12 Chapter shall be performed only: (i) by inspectors who have 13 been certified by the Agency after successfully completing a 14 course of training and successfully passing a written test; 15 (ii) at official inspection stations or official on-road 16 inspection sites established under this Chapter; and (iii) 17 with equipment that has been approved by the Agency for these 18 inspections. 19 (b) Except as provided in subsections (c) and (d), the 20 inspection shall consist of (i) a loaded mode exhaust gas 21 analysis; (ii) an evaporative system integrity test; (iii) an 22 on-board computer diagnostic system check; and (iv) a 23 verification that all required emission-related recall 24 repairs have been made under Title 40, Section 51.370 of the 25 Code of Federal Regulations, and may also include an 26 evaporative system purge test. The owner of the vehicle or 27 the owner's agent shall be entitled to an emission inspection 28 certificate issued by an inspector only if all required tests 29 are passed at the time of the inspection. 30 (c) A steady-state idle exhaust gas analysis may be 31 substituted for the loaded mode exhaust gas analysis and the 32 evaporative purge system test in the following cases: -7- LRB9212422EGfgA 1 (1) On any vehicle of model year 1980 or older. 2 (2) On any heavy duty vehicle with a manufacturer 3 gross vehicle weight rating in excess of 8,500 pounds. 4 (3) On any vehicle for which loaded mode testing is 5 not possible due to vehicle design or configuration. 6 (d) Except as may be provided by Board or Agency rule, 7 the following procedures shall be followed on model year 1996 8 and newer vehicles equipped with OBDII on-board computer 9 diagnostic equipment: 10 (1) The loaded mode exhaust gas analysis specified 11 in subsection (b) of this Section shall not be performed 12 on such vehicles for which the on-board computer 13 diagnostic test specified in subsection (h) of this 14 Section can be performed. All other elements of the 15 inspection required for such vehicles shall be performed 16 in accordance with the provisions of this Section. 17 (2) The on-board computer diagnostic test shall not 18 be a required element of the inspection mandated by this 19 Section for such vehicles for which on-board computer 20 diagnostic testing is not possible due to the vehicle's 21 originally certified design or its design as modified in 22 accordance with federal law and regulations. In such 23 cases, all other elements of the inspection required 24 under this Section shall be performed on such vehicles, 25 including the exhaust gas analysis as specified in 26 subsection (b) of this Section. A steady-state idle gas27 analysis may also be substituted for the new procedures28 specified in subsection (b) in inspections conducted in29 calendar year 1995 on any vehicle of model year 1990 or30 older.31 (e) The exhaust gas analysis shall consist of a test of 32 an exhaust gas sample to determine whether the quantities of 33 exhaust gas pollutants emitted by the vehicle meet the 34 standards set for vehicles of that type under Section 13B-20. -8- LRB9212422EGfgA 1 A vehicle shall be deemed to have passed this portion of the 2 inspection if the evaluation of the exhaust gas sample 3 indicates that the quantities of exhaust gas pollutants 4 emitted by the vehicle do not exceed the standards set for 5 vehicles of that type under Section 13B-20 or an inspector 6 certifies that the vehicle qualifies for a waiver of the 7 exhaust gas pollutant standards under Section 13B-30. 8 (f) The evaporative system integrity test shall consist 9 of a procedure to determine if leaks exist in all or a 10 portion of the vehicle fuel evaporation emission control 11 system. A vehicle shall be deemed to have passed this test 12 if it meets the criteria that the Board may adopt for an 13 evaporative system integrity test. 14 (g) The evaporative system purge test shall consist of a 15 procedure to verify the purging of vapors stored in the 16 evaporative canister. A vehicle shall be deemed to have 17 passed this test if it meets the criteria that the Board may 18 adopt for an evaporative system purge test. 19 (h) The on-board computer diagnostic test shall consist 20 of accessing the vehicle's on-board computer system, if so 21 equipped, and reading any stored diagnostic codes that may be 22 present. The vehicle shall be deemed to have passed this 23 test if the codes observed did not exceed standards set for 24 vehicles of that type under Section 13B-20. 25 (Source: P.A. 90-475, eff. 8-17-97.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.
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