SB1854 EngrossedLRB101 09540 CPF 54638 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 9.16 as follows:
6    (415 ILCS 5/9.16 new)
7    Sec. 9.16. Fugitive emissions of ethylene oxide ban.
8    (a) Beginning 6 months after the effective date of this
9amendatory Act of the 101st General Assembly, no facility shall
10produce fugitive emissions of ethylene oxide. In order to
11prevent fugitive emissions, facilities must have negative
12pressure systems that do not allow the escape of fugitive
13emissions in the following areas: sterilization chambers,
14aeration or off-gassing rooms, or warehouse areas where the
15post-sterilization product is stored.
16    (b) Each facility shall be subject to quarterly inspections
17to ensure that no sources of fugitive emissions of ethylene
18oxide exist. Inspections shall be unannounced and conducted by
19the Agency or, at the Agency's discretion, a qualified third
20party chosen by the Agency.
21    (c) Each facility shall be subject to emissions testing on
22all emission points at least once each calendar year, starting
23in calendar year 2019, to demonstrate compliance with the



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1requirements of this Section and all applicable Illinois
2Pollution Control Board and United States Environmental
3Protection Agency control requirements regarding ethylene
4oxide. Emissions tests must take place at least 6 months apart
5from one another and shall be paid for by the facility.
6    (d) Each facility shall be subject to fence line ambient
7air testing, at random, quarterly, and for a duration of
824-hour samples of no less than 6 consecutive days. Testing
9shall be conducted by a third party chosen by the Agency and in
10consultation with the municipality in which the facility
11operates and shall be paid for by the facility.
12    (e) If, at any time, a facility emits ethylene oxide at a
13level higher than the standards set forth by Section 112 of the
14federal Clean Air Act or the Agency, then the facility shall
15immediately cease operations until sufficient changes are made
16to reduce the level of the emissions below both federal and
17State standards.
18    (f) The Agency shall conduct a study of ambient levels of
19ethylene oxide throughout the State. Air samples shall be taken
20from a variety of urban, suburban, and rural sample sites to
21gauge baseline levels of ethylene oxide. One hundred
22sixty-eight one-hour samples shall be taken at each test site
23for a period of at least 7 days.
24    (g) Fence line testing under subsection (d) shall begin no
25sooner than the conclusion of the Agency's ambient air study
26conducted under subsection (f) and after the Agency sets



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1acceptable naturally occurring levels of ethylene oxide that
2the ambient air study may reveal.
3    (h) The provisions of this Section apply only to an owner
4or operator of a sterilization source using one ton or more of
5ethylene oxide in a rolling 12-month period of sterilization or
6fumigation operations. This Section does not apply to: beehive
7fumigators; research or laboratory facilities, as defined in
8Section 112(c)(7) of Title III of the federal Clean Air Act; or
9sources such as hospitals, doctors' offices, clinics, or other
10facilities for which the primary purpose is to provide medical
11services to humans or animals.
12    (i) For purposes of this Section, "fugitive emissions"
13means leaks from parts of a facility through which ethylene
14oxide-laden air is present, or those emissions which could not
15reasonably pass through a stack, chimney, or vent.
16    Section 99. Effective date. This Act takes effect upon
17becoming law.