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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Environmental Protection Act is amended by
adding Section 9.16 as follows:
(415 ILCS 5/9.16 new)
Fugitive emissions of ethylene oxide ban.
(a) Beginning 6 months after the effective date of this
amendatory Act of the 101st General Assembly, no facility shall
produce fugitive emissions of ethylene oxide. In order to
prevent fugitive emissions, facilities must have negative
pressure systems that do not allow the escape of fugitive
emissions in the following areas: sterilization chambers,
aeration or off-gassing rooms, or warehouse areas where the
post-sterilization product is stored.
(b) Each facility shall be subject to quarterly inspections
to ensure that no sources of fugitive emissions of ethylene
oxide exist. Inspections shall be unannounced and conducted by
the Agency or, at the Agency's discretion, a qualified third
party chosen by the Agency.
(c) Each facility shall be subject to emissions testing on
all emission points at least once each calendar year, starting
in calendar year 2019, to demonstrate compliance with the
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requirements of this Section and all applicable Illinois
Pollution Control Board and United States Environmental
Protection Agency control requirements regarding ethylene
oxide. Emissions tests must take place at least 6 months apart
from one another and shall be paid for by the facility.
(d) Each facility shall be subject to fence line ambient
air testing, at random, quarterly, and for a duration of
24-hour samples of no less than 6 consecutive days. Testing
shall be conducted by a third party chosen by the Agency and in
consultation with the municipality in which the facility
operates and shall be paid for by the facility.
(e) If, at any time, a facility emits ethylene oxide at a
level higher than the standards set forth by Section 112 of the
federal Clean Air Act or the Agency, then the facility shall
immediately cease operations until sufficient changes are made
to reduce the level of the emissions below both federal and
(f) The Agency shall conduct a study of ambient levels of
ethylene oxide throughout the State. Air samples shall be taken
from a variety of urban, suburban, and rural sample sites to
gauge baseline levels of ethylene oxide. One hundred
sixty-eight one-hour samples shall be taken at each test site
for a period of at least 7 days.
(g) Fence line testing under subsection (d) shall begin no
sooner than the conclusion of the Agency's ambient air study
conducted under subsection (f) and after the Agency sets
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acceptable naturally occurring levels of ethylene oxide that
the ambient air study may reveal.
(h) The provisions of this Section apply only to an owner
or operator of a sterilization source using one ton or more of
ethylene oxide in a rolling 12-month period of sterilization or
fumigation operations. This Section does not apply to: beehive
fumigators; research or laboratory facilities, as defined in
Section 112(c)(7) of Title III of the federal Clean Air Act; or
sources such as hospitals, doctors' offices, clinics, or other
facilities for which the primary purpose is to provide medical
services to humans or animals.
(i) For purposes of this Section, "fugitive emissions"
means leaks from parts of a facility through which ethylene
oxide-laden air is present, or those emissions which could not
reasonably pass through a stack, chimney, or vent.
This Act takes effect upon