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Illinois One-Pager (State's Fuel Quality Regulation)
  Department
IL Department of Agriculture
  NCWM Region
CWMA
 
  Primary Contact
Doug Rathbun
  Last Modified 11/17/2014  
  Phone
(217) 785-8300
 
  Email
Doug.Rathbun@illinois.gov
 
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
Diesel Fuel_yes; B100-Biodiesel_yes; Biodiesel-Blends_yes
 
  Fuel Specifications
B100_ASTM D6751; B1-B5_ASTM D975; B6-20_ASTM D7467; PetroDiesel_ASTM D975
 
  Other Specifications B11 and greater is currently being sold in IL because of the biodiesel tax exemption above B10.  
  If no spec - plan to adopt  
  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; B1-B5 Biodiesel Blends; B6-20 Biodiesel Blends. Resources must be provided in order to adequately conduct proactive testing.
 
  Reactive Test Circumstance
Samples are analyzed in response to consumer complaints. Reactive biodiesel blend testing is done to the applicable standard.
 
  Fuel Test Performed
- Vacuum Distillation; - Flash Point; - Sulfur; - Visual; - Water & Sediment; - Cetane; Oxidation Stability; FAME Content. IR for screening biodiesel content.
 
  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) $500 for a first violation; (2) $1500 for a second violation within 2 years of the first violation; and (3) $2500 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.)
 
REPORTING
  How to Report
PRODUCT INDENTIFICATION REQUIREMENTS
 
  Dispenser Labeling Dispenser labeling requirements are found in law and reference FTC alternative fuel labels. Biodiesel blends up to 5% may be sold as diesel with it’s grade identified such as #2 Diesel. Blends greater than 5% up to 20% may be sold as Bxx Biodiesel, where xx is the actual percentage of biodiesel in the blend. Biodiesel and biodiesel blends must meet applicable ASTM specifications.
 
  Tank Labeling