97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4526

 

Introduced , by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 5/22.57 new

    Amends the Environmental Protection Act. Beginning January 1, 2013, authorizes the use of (i) perchloroethylene drycleaning machines that have only a primary control system, but only for the remainder of each machine's useful life and at the facility at which it is located on the effective date of the amendatory Act and (ii) perchloroethylene drycleaning machines that have primary and secondary control systems. Beginning January 1, 2014, prohibits a person from operating a drycleaning machine unless (i) a person with specified training is present at the facility during the machine's operation and (ii) certain secondary containment measures are in place. Requires manufacturers of drycleaning solvents or other cleaning agents used in drycleaning to provide the Agency with certain information about those products. Requires the Agency, by no later than January 1, 2016, to submit to the General Assembly a report on the impact to groundwater from newly discovered releases of perchloroethylene in the State. Defines "drycleaning", "drycleaning machine", "drycleaning solvents", "perchloroethylene drycleaning machine", "primary control system", "refrigerated condenser", and "secondary control system". Effective January 1, 2013.


LRB097 18820 JDS 64057 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4526LRB097 18820 JDS 64057 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 22.57 as follows:
 
6    (415 ILCS 5/22.57 new)
7    Sec. 22.57. Perchloroethylene in drycleaning.
8    (a) For the purposes of this Section:
9    "Drycleaning" means the process of cleaning clothing,
10garments, textiles, fabrics, leather goods, or other like
11articles using a nonaqueous solvent.
12    "Drycleaning machine" means any machine, device, or other
13equipment used in drycleaning.
14    "Drycleaning solvents" means solvents used in drycleaning.
15    "Perchloroethylene drycleaning machine" means a
16drycleaning machine that uses perchloroethylene.
17    "Primary control system" means a refrigerated condenser or
18an equivalent closed-loop vapor recovery system that reduces
19the concentration of perchloroethylene in the recirculating
20air of a perchloroethylene drycleaning machine.
21    "Refrigerated condenser" means a closed-loop vapor
22recovery system into which perchloroethylene vapors are
23introduced and trapped by cooling below the dew point of the

 

 

HB4526- 2 -LRB097 18820 JDS 64057 b

1perchloroethylene.
2    "Secondary control system" means a device or apparatus that
3reduces the concentration of perchloroethylene in the
4recirculating air of a perchloroethylene drycleaning machine
5at the end of the drying cycle beyond the level achievable with
6a refrigerated condenser alone.
7    (b) Beginning January 1, 2013:
8        (1) Perchloroethylene drycleaning machines in
9    operation on the effective date of this Section that have a
10    primary control system but not a secondary control system
11    can continue to be used until the end of their useful life,
12    provided that perchloroethylene drycleaning machines that
13    do not have a secondary control system cannot be operated
14    at a facility other than the facility at which they were
15    located on the effective date of this Section.
16        (2) Except as allowed under paragraph (1) of subsection
17    (b) of this Section, no person shall install or operate a
18    perchloroethylene drycleaning machine unless the machine
19    has a primary control system and a secondary control
20    system.
21    (c) Beginning January 1, 2014, no person shall operate a
22drycleaning machine unless all of the following are met:
23        (1) During the operation of the machine, a person with
24    the following training is present at the facility where the
25    machine is located:
26            (A) Successful completion of an initial

 

 

HB4526- 3 -LRB097 18820 JDS 64057 b

1        environmental training course that is approved by the
2        Dry Cleaner Environmental Response Trust Fund Council,
3        in consultation with the Agency and representatives of
4        the drycleaning industry, as providing appropriate
5        training on drycleaning best management practices,
6        including, but not limited to, reducing solvent air
7        emissions, reducing solvent spills and leaks,
8        protecting groundwater, and promoting the efficient
9        use of solvents.
10            (B) Once every 4 years after completion of the
11        initial environmental training course, successful
12        completion of a refresher environmental training
13        course that is approved by the Dry Cleaner
14        Environmental Response Trust Fund Council, in
15        consultation with the Agency and representatives of
16        the drycleaning industry, as providing (i) appropriate
17        review and updates on drycleaning best management
18        practices, including, but not limited to, reducing
19        solvent air emissions, reducing solvent spills and
20        leaks, protecting groundwater, and promoting the
21        efficient use of solvents, and (ii) information on
22        drycleaning solvents, technologies, and alternatives
23        that do not utilize perchloroethylene.
24        (2) Proof of successful completion of the training
25    required under paragraph (1) of subsection (c) of this
26    Section is maintained at the drycleaning facility. Proof of

 

 

HB4526- 4 -LRB097 18820 JDS 64057 b

1    successful completion of the training must be made
2    available for inspection and copying by the Agency or units
3    of local government during normal business hours.
4        (3) All of the following secondary containment
5    measures are in place:
6            (A) There is a containment dike or other
7        containment structure around each machine, item of
8        equipment, drycleaning area, and portable waste
9        container in which any drycleaning solvent is
10        utilized, which shall be capable of containing leaks,
11        spills, or releases of drycleaning solvent from that
12        machine, item, area, or container. The containment
13        dike or other containment structure shall be capable of
14        at least the following: (i) containing a capacity of
15        110% of the drycleaning solvent in the largest tank or
16        vessel within the machine; (ii) containing 100% of the
17        drycleaning solvent of each item of equipment or
18        drycleaning area; and (iii) containing 100% of the
19        drycleaning solvent of the largest portable waste
20        container or at least 10% of the total volume of the
21        portable waste containers stored within the
22        containment dike or structure, whichever is greater.
23        Petroleum underground storage tank systems that are
24        upgraded in accordance with USEPA upgrade standards
25        pursuant to 40 CFR Part 280 for the tanks and related
26        piping systems and use a leak detection system approved

 

 

HB4526- 5 -LRB097 18820 JDS 64057 b

1        by the USEPA or the Agency are exempt from this
2        subparagraph (A).
3            (B) Those portions of diked floor surfaces on which
4        a drycleaning solvent may leak, spill, or otherwise be
5        released have been sealed or otherwise rendered
6        impervious.
7            (C) All chlorine-based drycleaning solvent is
8        delivered to the drycleaning facility by means of
9        closed, direct-coupled delivery systems. The Dry
10        Cleaner Environmental Response Trust Fund Council may
11        adopt rules specifying methods of delivery of solvents
12        other than chlorine-based solvents to drycleaning
13        facilities. Solvents other than chlorine-based
14        solvents must be delivered to drycleaning facilities
15        in accordance with rules adopted by the Dry Cleaner
16        Environmental Response Trust Fund Council.
17    (d) Manufacturers of drycleaning solvents or other
18cleaning agents used as alternatives to perchloroethylene
19drycleaning that are sold or offered for sale in Illinois must,
20in accordance with Agency rules, provide to the Agency
21sufficient information to allow the Agency to determine whether
22the drycleaning solvents or cleaning agents may pose negative
23impacts to human health or the environment. These alternatives
24shall include, but are not limited to, drycleaning solvents or
25other cleaning agents used in solvent-based cleaning,
26carbon-dioxide based cleaning, and professional wet cleaning

 

 

HB4526- 6 -LRB097 18820 JDS 64057 b

1methods. The information shall include, but is not limited to,
2information regarding the physical and chemical properties of
3the drycleaning solvents or cleaning agents and toxicity data.
4No later than July 1, 2015, the Agency shall adopt in
5accordance with the Illinois Administrative Procedure Act
6rules specifying the information that manufacturers must
7submit under this subsection (d). The rules must include, but
8shall not be limited to, a deadline for submission of the
9information to the Agency. No later than July 1, 2018, the
10Agency shall post information resulting from its review of the
11drycleaning solvents and cleaning agents on the Agency's
12website.
13    (e) No later than January 1, 2016, the Agency shall submit
14to the General Assembly a report on the impact to groundwater
15from newly discovered releases of perchloroethylene in this
16State. Depending on the nature and scope of any releases that
17have impacted groundwater, the report may include, but shall
18not be limited to, recommendations for reducing or eliminating
19impacts to groundwater from future releases.
 
20    Section 99. Effective date. This Act takes effect January
211, 2013.