Rep. Joyce Mason

Filed: 5/26/2019

 

 


 

 


 
10100SB1854ham001LRB101 09540 CPF 61218 a

1
AMENDMENT TO SENATE BILL 1854

2    AMENDMENT NO. ______. Amend Senate Bill 1854 by replacing
3everything after the enacting clause with the following:
 
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. Nonnegligible ethylene oxide emissions sources.
8    (a) In this Section, "nonnegligible ethylene oxide
9emissions source" means an ethylene oxide emissions source
10permitted by the Agency that currently, or at any point in the
11previous 5 years, emits or has the potential to emit more than
12150 pounds of ethylene oxide annually, and is located in a
13county with a population of at least 700,000 based on 2010
14census data. "Nonnegligible ethylene oxide emissions source"
15does not include facilities that are ethylene oxide
16sterilization sources or hospitals that are licensed under the

 

 

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1Hospital Licensing Act or operated under the University of
2Illinois Hospital Act.
3    (b) Beginning 180 days after the effective date of this
4amendatory Act of the 101st General Assembly, no nonnegligible
5ethylene oxide emissions source shall conduct activities that
6cause ethylene oxide emissions unless the owner or operator of
7the nonnegligible ethylene oxide emissions source submits for
8review and approval of the Agency a plan describing how the
9owner or operator will continuously collect emissions
10information. The plan must specify locations at the
11nonnegligible ethylene oxide emissions source from which
12emissions will be collected and identify equipment used for
13collection and analysis, including the individual system
14components.
15        (1) The owner or operator of the nonnegligible ethylene
16    oxide emissions source must provide a notice of acceptance
17    of any conditions added by the Agency to the plan or
18    correct any deficiencies identified by the Agency in the
19    plan within 3 business days after receiving the Agency's
20    conditional acceptance or denial of the plan.
21        (2) Upon the Agency's approval of the plan the owner or
22    operator of the nonnegligible ethylene oxide emissions
23    source shall implement the plan in accordance with its
24    approved terms.
25    (c) Beginning 180 days after the effective date of this
26amendatory Act of the 101st General Assembly, no nonnegligible

 

 

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1ethylene oxide emissions source shall conduct activities that
2cause ethylene oxide emissions unless the owner or operator of
3the nonnegligible ethylene oxide emissions source submits for
4review and approval by the Agency an Ambient Air Monitoring
5Plan.
6        (1) The Ambient Air Monitoring Plan shall include, at a
7    minimum, the following:
8            (A) Detailed plans to collect and analyze air
9        samples for ethylene oxide on at least a quarterly
10        basis near the property boundaries of the
11        nonnegligible ethylene oxide emissions source and at
12        community locations with the highest modeled impact
13        according to the dispersion modeling conducted under
14        subsection (d).
15            (B) A schedule for implementation of the plans
16        under subparagraph (A).
17            (C) The name of the independent third party company
18        that will perform sampling and analysis and the
19        company's experience with similar testing.
20        (2) The owner or operator of the nonnegligible ethylene
21    oxide emissions source must provide a notice of acceptance
22    of any conditions added by the Agency to the Ambient Air
23    Monitoring Plan or correct any deficiencies identified by
24    the Agency in the Ambient Air Monitoring Plan within 15
25    business days after receiving any conditional acceptance
26    or denial of the Ambient Air Monitoring Plan from the

 

 

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1    Agency.
2        (3) Upon the Agency's approval of the Ambient Air
3    Monitoring Plan, the owner or operator of the nonnegligible
4    ethylene oxide emissions source shall implement the
5    Ambient Air Monitoring Plan in accordance with its approved
6    terms.
7    (d) Beginning 180 days after the effective date of this
8amendatory Act of the 101st General Assembly, no nonnegligible
9ethylene oxide emissions source shall conduct activities that
10cause ethylene oxide emissions unless the owner or operator of
11the nonnegligible ethylene oxide emissions source has
12performed dispersion modeling and the Agency approves the
13dispersion modeling.
14        (1) Dispersion modeling must:
15            (A) be conducted using accepted United States
16        Environmental Protection Agency methodologies,
17        including Appendix W to 40 CFR 51, except that no
18        background ambient levels of ethylene oxide shall be
19        used;
20            (B) use emissions and stack parameter data from any
21        emissions test conducted and 5 years of hourly
22        meteorological data that is representative of the
23        nonnegligible ethylene oxide emissions source's
24        location; and
25            (C) use a receptor grid that extends to at least
26        one kilometer around the nonnegligible ethylene oxide

 

 

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1        emissions source and ensures the modeling domain
2        includes the area of maximum impact, with receptor
3        spacing no greater than every 50 meters starting from
4        the building walls of the nonnegligible ethylene oxide
5        emissions source extending out to a distance of at
6        least 1/2 kilometer, then every 100 meters extending
7        out to a distance of at least one kilometer.
8        (2) The owner or operator of the nonnegligible ethylene
9    oxide emissions source shall submit revised results of all
10    modeling if the Agency accepts with conditions or declines
11    to accept the results submitted.
12    (e) Beginning 180 days after the effective date of this
13amendatory Act of the 101st General Assembly, no nonnegligible
14ethylene oxide emissions source shall conduct activities that
15cause ethylene oxide emissions unless the owner or operator of
16the nonnegligible ethylene oxide emissions source obtains a
17permit consistent with the requirements in this Section from
18the Agency to conduct activities that may result in the
19emission of ethylene oxide.
20    (f) The Agency in issuing the applicable permits to a
21nonnegligible ethylene oxide emissions source shall:
22        (1) impose a site-specific annual cap on ethylene oxide
23    emissions set to protect the public health; and
24        (2) include permit conditions granting the Agency the
25    authority to reopen the permit if the Agency determines
26    that the emissions of ethylene oxide from the permitted

 

 

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1    nonnegligible ethylene oxide emissions source pose a risk
2    to the public health as defined by the Agency.".
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".