101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3888

 

Introduced 10/17/2019, by Rep. Rita Mayfield - Joyce Mason - Sam Yingling - Anne Stava-Murray - David McSweeney, et al.

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/9.18 new

    Amends the Environmental Protection Act. Provides requirements for the prohibition of the conduct of ethylene oxide sterilization operations or other activities that emit ethylene oxide (and, for ethylene oxide sterilization sources, propylene oxide). Requires entities to submit a plan to the Environmental Protection Agency describing how they will continuously collect emissions information. Provides requirements for emissions monitoring and testing. Requires specified hospitals to submit a plan to the Agency describing how the hospital will phase out the emissions of ethylene oxide by an established deadline. Provides that when issuing permits to ethylene oxide sterilization sources, hospitals, and ethylene oxide emissions sources, the Agency shall include limitations on the amount of ethylene oxide that may be stored on-site to protect public health, public safety, and the environment. Requires storage of ethylene oxide in excess of 100 pounds to be underground. Provides that the unit of local government in which an ethylene oxide sterilization source, hospital, or ethylene oxide emissions source is located may regulate the storage and location of ethylene oxide in a manner that is more restrictive or matches the standards established by the Agency. Requires the Agency to set annual emissions limitations on ethylene oxide for all ethylene oxide emissions sources. Provides that, on and after January 1, 2022, the maximum cumulative emissions from any sum of ethylene oxide emissions sources located within 3 and one half miles of each other shall not exceed 35 pounds annually. Requires the Agency to conduct a comprehensive review of ethylene oxide use and emissions within the State and to submit its findings in a report to the General Assembly. Effective immediately.


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A BILL FOR

 

HB3888LRB101 14210 CPF 63238 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5adding Section 9.18 as follows:
 
6    (415 ILCS 5/9.18 new)
7    Sec. 9.18. Ethylene oxide phase-out.
8    (a) In this Section:
9    "Densely populated region" means any 5 mile radius,
10centered around an ethylene oxide emissions source, with a
11population density of at least 10 residents per square mile.
12    "Ethylene oxide emissions source" means a source that
13currently, or at any point in the previous 15 years, emits,
14emitted, or has the potential to emit ethylene oxide into the
15atmosphere, regardless of its emissions source. "Ethylene
16oxide emissions source" does not include ethylene oxide
17sterilization sources, nor hospitals licensed under the
18Hospital Licensing Act or operated under the University of
19Illinois Hospital Act.
20    "Ethylene oxide sterilization operations" means the
21process of using ethylene oxide to make one or more items free
22from microorganisms, pathogens, or both microorganisms and
23pathogens.

 

 

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1    "Ethylene oxide sterilization source" means a source where
2operations include ethylene oxide sterilization operations and
3that currently, or at any point in the previous 15 years,
4emits, emitted, or has the potential to emit ethylene oxide
5into the atmosphere, regardless of its emissions source.
6    "Hospital" means a hospital licensed under the Hospital
7Licensing Act or operated under the University of Illinois
8Hospital Act.
9    (b) Ethylene oxide sterilization sources are subject to the
10following requirements:
11        (1) On and after January 1, 2021, no ethylene oxide
12    sterilization source shall conduct ethylene oxide
13    sterilization operations or other activities that emit
14    ethylene oxide or propylene oxide within a densely
15    populated region or within 5 miles of a school or daycare
16    in existence on or before August 1, 2019.
17        (2) Within 90 days after the effective date of this
18    amendatory Act of the 101st General Assembly, each ethylene
19    oxide sterilization source shall submit for review and
20    approval by the Agency a plan describing how the owner or
21    operator of the ethylene oxide sterilization source will
22    phase out the emissions of ethylene oxide by January 1,
23    2021. Upon approval by the Agency the plan shall be made
24    publicly available on the Agency's website.
25            (A) The owner or operator of the ethylene oxide
26        sterilization source must provide a notice of

 

 

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1        acceptance of any conditions added by the Agency to the
2        plan, or correct any deficiencies identified by the
3        Agency in the plan, within 3 business days after
4        receiving the Agency's conditional acceptance or
5        denial of the plan.
6            (B) Upon the Agency's approval of the plan, the
7        owner or operator of the ethylene oxide sterilization
8        source shall implement the plan in accordance with its
9        approved terms.
10        (3) No ethylene oxide sterilization source shall
11    conduct ethylene oxide sterilization operations or other
12    activities that cause ethylene oxide or propylene oxide
13    emissions unless the owner or operator of the ethylene
14    oxide sterilization source submits for review and approval
15    by the Agency a plan describing how the owner or operator
16    will continuously collect emissions information. The plan
17    must also specify locations at the source from which
18    emissions will be collected and identify equipment used for
19    their collection and analysis, including the equipment's
20    individual system components. Emissions monitoring
21    equipment must be tested and validated at least once in any
22    12-month period and the results forwarded to the Agency.
23        (4) On and after January 1, 2021, no ethylene oxide
24    sterilization source outside of a densely populated area or
25    further than 5 miles from a school or daycare in existence
26    on or before August 1, 2019 shall emit more than 30 pounds

 

 

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1    of ethylene oxide or 30 pounds of propylene oxide annually.
2        (5) In issuing the applicable permits to ethylene oxide
3    sterilization sources, the Agency shall include
4    limitations on the amount of ethylene oxide that may be
5    stored on-site to protect public health, public safety, and
6    the environment. Storage of ethylene oxide in excess of 100
7    pounds shall only be permitted underground. The unit of
8    local government in which the ethylene oxide sterilization
9    source is located may regulate the storage and location of
10    ethylene oxide in a manner that is more restrictive or
11    matches the standards established by the Agency.
12    (c) Hospitals are subject to the following requirements:
13        (1) On and after January 1, 2025, any hospital
14    designated as a critical access hospital by the Centers for
15    Medicare and Medicaid Services under the federal Balanced
16    Budget Act of 1997 shall not conduct ethylene oxide
17    sterilization operations or other activities that cause
18    ethylene oxide emissions within a densely populated region
19    or within 5 miles of a school or daycare in existence on or
20    before August 1, 2019.
21        (2) On and after January 1, 2022, any hospital not
22    designated as a critical access hospital by the Centers for
23    Medicare and Medicaid Services shall not conduct ethylene
24    oxide sterilization operations or other activities that
25    cause ethylene oxide emissions within a densely populated
26    region or within 5 miles of a school or daycare in

 

 

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1    existence on or before August 1, 2019.
2        (3) Within 90 days after the effective date of this
3    amendatory Act of the 101st General Assembly, any hospital
4    conducting ethylene oxide sterilization operations shall
5    submit for review and approval by the Agency a plan
6    describing how the hospital will phase out the emissions of
7    ethylene oxide by the deadline established in this
8    subsection. Upon approval by the Agency the plan shall be
9    made publicly available on the Agency's website.
10            (A) The hospital must provide a notice of
11        acceptance of any conditions added by the Agency to the
12        plan, or correct any deficiencies identified by the
13        Agency in the plan, within 3 business days after
14        receiving the Agency's conditional acceptance or
15        denial of the plan.
16            (B) Upon the Agency's approval of the plan, the
17        hospital shall implement the plan in accordance with
18        its approved terms.
19        (4) No hospital shall conduct ethylene oxide
20    sterilization operations or other activities that cause
21    ethylene oxide emissions unless the hospital submits for
22    review and approval by the Agency a plan describing how the
23    hospital will continuously collect emissions information.
24    The plan must also specify locations at the source from
25    which emissions will be collected and identify equipment
26    used for their collection and analysis, including the

 

 

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1    equipment's individual system components.
2        (5) On and after January 1, 2022, no hospital outside
3    of a densely populated area or further than 5 miles from a
4    school or daycare in existence on or before August 1, 2019
5    shall emit more than 30 pounds of ethylene oxide annually.
6        (6) In issuing the applicable permits to hospitals, the
7    Agency shall include limitations on the amount of ethylene
8    oxide that may be stored on-site to protect public health,
9    public safety, and the environment. Storage of ethylene
10    oxide in excess of 100 pounds shall only be permitted
11    underground. The unit of local government in which the
12    hospital is located may regulate the storage and location
13    of ethylene oxide in a manner that is more restrictive or
14    matches the standards established by the Agency.
15    (d) Ethylene oxide emissions sources are subject to the
16following requirements:
17        (1) On and after January 1, 2021, no ethylene oxide
18    emissions source shall conduct operations or other
19    activities that emit ethylene oxide in excess of 30 pounds
20    annually within a densely populated region or within 5
21    miles of a school or daycare in existence on or before
22    August 1, 2019.
23        (2) Beginning 90 days after the effective date of this
24    amendatory Act of the 101st General Assembly, no ethylene
25    oxide emissions source shall conduct activities that cause
26    ethylene oxide emissions unless the owner or operator of

 

 

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1    the ethylene oxide emissions source submits for review and
2    approval by the Agency a plan describing how the owner or
3    operator of the ethylene oxide emissions source will
4    continuously collect emissions information. The owner or
5    operator of each ethylene oxide emissions source must
6    specify in his or her plan all locations at which ethylene
7    oxide may enter the atmosphere at each emissions source and
8    shall install proper monitoring equipment. The equipment
9    for monitoring and collecting emissions must be installed
10    and the owner or operator of the ethylene oxide emissions
11    source must begin reporting the results to the Agency
12    within 120 days of the effective date of this amendatory
13    Act of the 101st General Assembly. The plan must also
14    specify locations at the source from which emissions will
15    be collected and identify equipment used for collection and
16    analysis, including the equipment's individual system
17    components. The emissions monitoring equipment must be
18    tested and validated at least once in any 12-month period
19    and the results forwarded to the Agency.
20            (A) The owner or operator of an ethylene oxide
21        emissions source must provide a notice of acceptance of
22        any conditions added by the Agency to the plan, or
23        correct any deficiencies identified by the Agency in
24        the plan, within 3 business days after receiving the
25        Agency's conditional acceptance or denial of the plan.
26            (B) Upon the Agency's approval of the plan, the

 

 

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1        owner or operator of the ethylene oxide emissions
2        source shall implement the plan in accordance with its
3        approved terms.
4        (3) An ethylene oxide emissions source shall report to
5    the Agency the amount of ethylene oxide used and the
6    ethylene oxide emissions created at the ethylene oxide
7    emissions source annually. All reports submitted to the
8    Agency shall include documentation necessary to verify the
9    quantity used and purchased by the ethylene oxide emissions
10    source.
11        (4) In issuing the applicable permits to ethylene oxide
12    emissions sources, the Agency shall include limitations on
13    the amount of ethylene oxide that may be stored on-site to
14    protect public health, public safety, and the environment.
15    Storage of ethylene oxide in excess of 100 pounds shall
16    only be permitted underground. The unit of local government
17    in which the ethylene oxide emissions source is located may
18    regulate the storage and location of ethylene oxide in a
19    manner that is more restrictive or matches the standards
20    established by the Agency.
21        (5) The Agency shall set annual emissions limitations
22    on ethylene oxide for all ethylene oxide emissions sources.
23    The limitations shall be set to provide maximum protection
24    for public health without consideration of cost.
25    (e) On and after January 1, 2022, the maximum cumulative
26emissions from any sum of ethylene oxide emissions sources

 

 

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1located within 3 and one half miles of each other shall not
2exceed 35 pounds annually, inclusive of any emissions not
3emanating from any stack. The Agency shall set emissions
4limitations for individual ethylene oxide emissions sources to
5comply with this requirement.
6    (f) Within 180 days after the effective date of this
7amendatory Act of the 101st General Assembly, the Agency shall
8conduct a comprehensive review of ethylene oxide use and
9emissions within the State of Illinois. The Agency shall submit
10its findings in a report to the General Assembly and make the
11report publicly available on the Agency's website. At a
12minimum, the report shall include the following:
13        (1) A comprehensive list of all locations where
14    ethylene oxide is used at levels that may cause measurable
15    emissions.
16        (2) The Agency's recommendations for future regulation
17    or legislation of ethylene oxide use, designed to provide
18    maximum protection to public health.
19        (3) The Agency's assessment of the risk to human health
20    and environmental damage that can be caused by exposure to
21    ethylene oxide.
22    (g) No person or entity shall dispose of ethylene oxide or
23cause the emission of ethylene oxide through methods not
24explicitly authorized in an applicable permit issued by the
25Agency.
 

 

 

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1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.