Illinois One-Pager (State's Fuel Quality Regulation) Return to Map
	Department	IL Department of Agriculture		NCWM Region	CWMA
	Primary Contact	Jonelle Brent		Last Modified	08/07/09 02:44pm
	Phone	(217) 785-8301
	Email	Jonelle.Brent@illinois.gov
	What's needed for a successful program?	B11 and greater is currently being sold in IL because of the biodiesel tax exemption above B10. Regulations to test biodiesel fuel quality and funding for testing costs and personnel for proactive testing must be approved.
AUTHORITY
	Fuel Authority	Regulatory (state regulations); Statutory (enacted legislation)
	Statutory/Regulatory Citation	Biodiesel Blend Use Requirement: The following entities are required to use a biodiesel blend that contains at least 2% biodiesel (B2) when refueling at a bulk central fueling facility: any diesel powered vehicle owned or operated by the state, county or local government, school district, community college or public college or university, or mass transit agency. Biodiesel is defined as a renewable fuel conforming to the American Society for Testing and Materials (ASTM) standard D6751 and registered with the U.S. Environmental Protection Agency. (Reference 625 Illinois Compiled Statutes 5/12-705.1 and 415 120/10)
ADOPTED FUEL SPECIFICATIONS
	Fuels Currently Regulated	Biodiesel-Blends_yes; Diesel Fuel_yes; B100-Biodiesel_no
	Fuel Specifications	B100_ASTM D6751; B1-B5_ASTM D975; B6-19_ASTM D975; PetroDiesel_ASTM D975
	Other Specifications
	If no spec - plan to adopt	Regulations to enforce the D6751 standard need to be introduced to enforce the Biodiesel Blend Use Requirement noted above. No regulations are being introduced at this time.
	Process to Adopt Specifications	Legislative Process; Administrative Rulemaking
	ASTM-Rev Adopted	periodic - adopt & update per set schedule (e.g. annually)
TESTING PROGRAMS
	Proactive Tests	Petroleum Diesel
	Reactive Test Circumstance	Samples are analyzed in response to consumer complaints. Reactive biodiesel blend testing is done to the D975 standard.
	Fuel Test Performed	- Vacuum Distillation; - Flash Point; - Sulfur; - Visual; - Water & Sediment; - Cetane
	Where Sampled	Retailer
	Where Tested	Out-Sourced
	Penalties	(815 ILCS 370/6) (from Ch. 5, par. 1706) Sec. 6. Any person who violates the provisions of this Act shall be deemed guilty of a business offense and subject to a fine of not less than $1000 for the first offense, not less than $1500 for a second offense and not less than $2500 for a third offense. Any person who impedes, obstructs, hinders or otherwise prevents or attempts to prevent the Director in the performance of official duties shall be guilty of a Class B misdemeanor for the first violation and guilty of a Class A misdemeanor for subsequent violations. Any person using physical force against the Director or his authorized agent in the performance of official duties shall be guilty of a Class 4 felony. (Source: P.A. 86‑232.) (815 ILCS 370/7) (from Ch. 5, par. 1707) Sec. 7. Administrative hearing and penalties. When an administrative hearing is held, the hearing officer, upon determination of a violation of this Act or rules, other than violation of Section 7.1, shall: (a) Levy the following administrative monetary penalties: (1) $100 for a first violation; (2) $750 for a second violation within 2 years of the first violation; and (3) $1500 for a third or subsequent violation within 2 years of the second violation; or (b) refer the violations to the States Attorney's Office in the county where the violation occurred for prosecution. Any penalty levied shall be collected by the Department and paid into the Motor Fuel and Petroleum Standards Fund. Monetary penalties not paid within 60 days of notice from the Department shall be submitted to the Attorney General's Office for collection. All deci-sions and actions of the Department are subject to the Illinois Administrative Procedure Act and the Department's Administrative Rules which pertain to administrative hearings, petitions, proceedings, contested cases, declaratory rulings and availability of Department files for public access. All final administrative decisions of the Department shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term 'administrative decision' is defined in Section 3‑101 of the Code of Civil Procedure. (Source: P.A. 88‑582, eff. 1‑1‑95.)
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