Rep. Rita Mayfield

Adopted in House Comm. on Oct 28, 2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3888

2    AMENDMENT NO. ______. Amend House Bill 3888 by replacing
3everything after the enacting clause with the following:
 
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 location" means a location that does not
10qualify as a remote location as defined in this subsection.
11    "Ethylene oxide emissions source" means a stationary
12source that currently, or at any point in the previous 15
13years, emits, emitted, or has the potential to emit ethylene
14oxide into the atmosphere, regardless of the specific emissions
15source. "Ethylene oxide emissions source" does not include an
16ethylene oxide sterilization source, hospital, or natural

 

 

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1biological source such as the human body, plant, or animal.
2    "Ethylene oxide sterilization operation" means the process
3of using ethylene oxide to make one or more items free from
4microorganisms, pathogens, or both microorganisms and
5pathogens.
6    "Ethylene oxide sterilization source" means a stationary
7source where operations include ethylene oxide sterilization
8operations and that currently, or at any point in the previous
915 years, emits, emitted, or has the potential to emit ethylene
10oxide into the atmosphere, regardless of its emissions source.
11"Ethylene oxide sterilization source" does not include a
12hospital as defined in this subsection.
13    "Hospital" means a hospital licensed under the Hospital
14Licensing Act or operated under the University of Illinois
15Hospital Act.
16    "Remote location" means a location removed from
17populations especially vulnerable to the emission of ethylene
18oxide. "Remote location" only includes a location meeting the
19requirements of the following paragraphs (1) or (2).
20        (1) In counties with an average population density of
21    less than 1,000 people per square mile, the location must
22    be:
23            (A) at the center of a 5 mile radius within which
24        there is a population density of 100 people or fewer
25        per square mile; and
26            (B) at least 5 miles from the nearest registered

 

 

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1        day care or school serving students in grades preschool
2        through 12 and in existence before October 1, 2019.
3        (2) In counties with an average population density
4    equal to or greater than 1,000 people per square mile, the
5    location must be:
6            (A) at the center of a 10 mile radius within which
7        there is a population density of 100 people or fewer
8        per square mile; and
9            (B) at least 10 miles from the nearest registered
10        day care or school serving students in grades preschool
11        through 12 and in existence before October 1, 2019.
12    (b) Ethylene oxide sterilization sources are subject to the
13following requirements:
14        (1) On and after January 1, 2021, no ethylene oxide
15    sterilization source in a densely populated location shall
16    conduct ethylene oxide sterilization operations that
17    result in the emission of ethylene oxide or propylene
18    oxide.
19        (2) On and after January 1, 2021, no ethylene oxide
20    sterilization source in a remote location shall emit more
21    than 30 pounds of ethylene oxide or 30 pounds of propylene
22    oxide annually.
23        (3) Within 90 days after the effective date of this
24    amendatory Act of the 101st General Assembly, each ethylene
25    oxide sterilization source shall submit a letter to the
26    Agency stating whether they intend to modify or phase out

 

 

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1    the emissions of ethylene oxide consistent with their
2    obligations established under this Section. Upon receipt
3    by the Agency, the Agency shall make the letter publicly
4    available on the Agency's website.
5        (4) No ethylene oxide sterilization source shall
6    conduct ethylene oxide sterilization operations or other
7    activities that cause ethylene oxide or propylene oxide
8    emissions unless the owner or operator of the ethylene
9    oxide sterilization source submits for review and approval
10    by the Agency a plan describing how the owner or operator
11    will continuously collect emissions information. The plan
12    must also specify locations at the source from which
13    emissions will be collected and identify equipment used for
14    their collection and analysis, including the equipment's
15    individual system components. Emissions monitoring
16    equipment must be tested and validated at least once in any
17    12-month period and the results forwarded to the Agency.
18        (5) In issuing the applicable permits to ethylene oxide
19    sterilization sources, the Agency shall include
20    limitations, informed by each ethylene oxide sterilization
21    source's risk management plan, on the amount of ethylene
22    oxide that may be stored on-site to protect public health,
23    public safety, and the environment. Prior to issuing the
24    applicable permits, the Agency shall require the
25    submission of documentation demonstrating that the permit
26    applicant is in compliance, and will maintain compliance,

 

 

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1    with local, State, and federal law governing the storage of
2    ethylene oxide. All permits issued by the Agency shall
3    grant the Agency the authority to modify the permit to
4    change limitations on the amount of ethylene oxide that can
5    be stored on-site at any time and to modify storage
6    practices or equipment requirements. All permits issued by
7    the Agency shall grant the Agency the right to conduct
8    unannounced inspections. The Agency shall conduct at least
9    one unannounced inspection annually of the ethylene oxide
10    storage system for each permit holder.
11        (6) Ethylene oxide sterilization sources shall be
12    required to submit or resubmit a risk management plan to
13    the Agency within 90 days of the effective date of this
14    amendatory Act of the 101st General Assembly, on or before
15    December 31, 2020, and on or before December 31 of every
16    fifth year thereafter.
17    (c) Hospitals are subject to the following requirements:
18        (1) On and after January 1, 2023, any hospital
19    designated as a critical access hospital by the Centers for
20    Medicare and Medicaid Services under the federal Balanced
21    Budget Act of 1997 shall not conduct ethylene oxide
22    sterilization operations.
23        (2) On and after January 1, 2022, any hospital not
24    designated as a critical access hospital by the Centers for
25    Medicare and Medicaid Services shall not conduct ethylene
26    oxide sterilization operations.

 

 

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1        (3) Within 90 days after the effective date of this
2    amendatory Act of the 101st General Assembly, any hospital
3    conducting ethylene oxide sterilization operations shall
4    submit a letter to the Agency committing the hospital to
5    phase out the emissions of ethylene oxide by applicable
6    deadlines established under this Section.
7    (d) Ethylene oxide emissions sources are subject to the
8following requirements:
9        (1) On and after January 1, 2021, no ethylene oxide
10    emissions source in a densely populated location shall
11    conduct operations or other activities that emit ethylene
12    oxide in excess of 30 pounds annually and 3 pounds monthly.
13        (2) Beginning 90 days after the effective date of this
14    amendatory Act of the 101st General Assembly, no ethylene
15    oxide emissions source shall conduct activities that cause
16    ethylene oxide emissions unless the owner or operator
17    submits for review and approval by the Agency a plan
18    describing how the ethylene oxide emissions source will
19    continuously collect emissions information. Each ethylene
20    oxide emissions source must specify in its plan all
21    locations at which ethylene oxide may enter the atmosphere
22    at each emissions source and shall install proper
23    monitoring equipment. The equipment for monitoring and
24    collecting emissions must be installed and the owner or
25    operator of the ethylene oxide emissions source must begin
26    reporting the results to the Agency within 120 days of the

 

 

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1    effective date of this amendatory Act of the 101st General
2    Assembly. The plan must also specify locations at the
3    source from which emissions will be collected and identify
4    equipment used for collection and analysis, including the
5    equipment's individual system components. The emissions
6    monitoring equipment must be tested and validated at least
7    once in any 12-month period and the results forwarded to
8    the Agency.
9            (A) The owner or operator of an ethylene oxide
10        emissions source must provide a notice of acceptance of
11        any conditions added by the Agency to the plan, or
12        correct any deficiencies identified by the Agency in
13        the plan, within 10 business days after receiving the
14        Agency's conditional acceptance or denial of the plan.
15            (B) Upon the Agency's approval of the plan, the
16        owner or operator of the ethylene oxide emissions
17        source shall implement the plan in accordance with its
18        approved terms.
19        (3) Each ethylene oxide emissions source shall report
20    to the Agency the amount of ethylene oxide used and the
21    ethylene oxide emissions created at the ethylene oxide
22    emissions source annually. All reports submitted to the
23    Agency shall include documentation necessary to verify the
24    quantity used and purchased by the ethylene oxide emissions
25    source.
26        (4) In issuing the applicable permits to ethylene oxide

 

 

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1    emissions sources, the Agency shall include limitations,
2    informed by each ethylene oxide emissions source's risk
3    management plan, on the amount of ethylene oxide that may
4    be stored on-site to protect public health, public safety,
5    and the environment. The unit of local government in which
6    the ethylene oxide emissions source is located may regulate
7    the storage of ethylene oxide in a manner that is more
8    restrictive or matches the standards established by the
9    Agency. Prior to issuing the applicable permits, the Agency
10    shall require the submission of documentation
11    demonstrating that the permit applicant is in compliance,
12    and will maintain compliance, with local, State, and
13    federal law governing the storage of ethylene oxide. All
14    permits issued by the Agency shall grant the Agency the
15    authority to modify the permit to change limitations on the
16    amount of ethylene oxide that can be stored on-site at any
17    time and to modify storage practices or equipment
18    requirements. All permits issued by the Agency shall grant
19    the Agency the right to conduct unannounced inspections.
20    The Agency shall conduct at least one unannounced
21    inspection annually of the ethylene oxide storage system
22    for each permit holder.
23        (5) The Agency shall set annual emissions limitations
24    on ethylene oxide emissions that are equal to or lesser
25    than the maximums established under this Section for all
26    ethylene oxide emissions sources. The limitations shall be

 

 

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1    set to provide maximum protection for public health without
2    consideration of financial cost. No ethylene oxide
3    emissions source shall conduct operations or other
4    activities that emit ethylene oxide in excess of 150 pounds
5    annually.
6        (6) In establishing the annual emissions limitation on
7    ethylene oxide emissions sources in remote locations, the
8    Agency shall consider the health and safety of children in
9    rural schools. On and after January 1, 2021, no ethylene
10    oxide emissions source in a remote location shall conduct
11    operations or other activities that emit ethylene oxide in
12    excess of 30 pounds annually and 3 pounds monthly if the
13    emissions source is within 5 miles of the nearest
14    registered day care or school serving students in grades
15    preschool through 12 and in existence before October 1,
16    2019.
17        (7) Ethylene oxide emissions sources shall be required
18    to submit or resubmit a risk management plan to the Agency
19    within 90 days of the effective date of this amendatory Act
20    of the 101st General Assembly, on or before December 31,
21    2020, and on or before December 31 of every fifth year
22    thereafter.
23    (e) On and after January 1, 2022, the maximum cumulative
24emissions in a densely populated location from any sum of
25ethylene oxide emissions sources, hospitals, and ethylene
26oxide sterilization sources located within 3 and one half miles

 

 

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1of each other shall not exceed 35 pounds annually, inclusive of
2any emissions not emanating from any stack. The Agency shall
3set emissions limitations for individual ethylene oxide
4emissions sources to comply with this requirement. If multiple
5applicants request to emit ethylene oxide in a collective sum
6that is greater than the annual collective maximum regional
7emissions established under this subsection, the Agency shall
8prioritize applicants seeking to provide medical services,
9such as hospitals and ethylene oxide sterilization sources that
10sterilize medical products.
11    (f) The Agency shall conduct a comprehensive review of
12ethylene oxide use and emissions within the State of Illinois.
13The Agency shall submit its findings in a report to the General
14Assembly and make the report publicly available on the Agency's
15website on or before June 30, 2021. At a minimum, the report
16shall include the following:
17        (1) A comprehensive assessment of where ethylene oxide
18    is used at levels that may cause measurable emissions.
19        (2) The Agency's recommendations for future
20    administrative actions, regulations, or legislation
21    pertaining to ethylene oxide, designed to provide maximum
22    protection to public health.
23        (3) The Agency's assessment of the risk to human health
24    and environmental damage that can be caused by exposure to
25    ethylene oxide.
 

 

 

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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.".