State of Illinois
92nd General Assembly

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 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 7        (Section scheduled to be repealed on December 31, 2002.)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13        (b)  This Section is repealed on December 31, 2012 2002.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 when
 6    the continuation of the program has  been  implemented  under
 7    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 gas
27        analysis may also be substituted for the  new  procedures
28        specified  in  subsection (b) in inspections conducted in
29        calendar year 1995 on any vehicle of model year  1990  or
30        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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