97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1270

 

Introduced 02/08/11, by Rep. Elaine Nekritz

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Toxic Chemical Safety Act. Requires the Director of the Illinois Environmental Protection Agency to publish a list of chemicals of high concern. Authorizes the Director to designate chemicals of high concern and other chemicals as priority chemicals. Requires the Director to report certain information about the designation process to the General Assembly. Requires each manufacturer and distributor of children's products that contain designated chemicals to provide certain information to the Director. Authorizes the Director, under certain circumstances, to prohibit, by rule, the sale and distribution of children's products containing a priority chemical. Requires manufacturers and distributors whose products are subject to one of these rules to file a compliance plan. Authorizes manufacturers and distributors to apply for, and the Director to grant, waivers from these rules. Exempts certain classes of chemicals, persons, and containers. Authorizes the Director to participate in an interstate clearinghouse to promote chemical safety. Authorizes the Director to request certificates of compliance from manufacturers and distributors. Requires the Director to develop certain educational materials. Creates the Advisory Council on Toxic Substances to provide expert and scientific advice to the Director. Authorizes the Director to adopt rules necessary to implement these provisions.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1270LRB097 06599 JDS 46684 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 1. Short title. This Act may be cited as the Toxic
5Chemical Safety Act.
 
6    Section 5. Statement of policy. It is the policy of the
7State of Illinois to protect public health and the environment
8by reducing the exposure of its citizens and vulnerable
9populations, such as children, to toxic chemicals, when safer
10alternatives exist.
 
11    Section 10. Definitions. As used in this subchapter:
12    "Alternative" means a substitute process, product,
13material, chemical, strategy, or combination that serves a
14functionally equivalent purpose to a priority chemical or
15chemical of high concern.
16    "Chemical" means a substance with a distinct molecular
17composition or a group of structurally related substances and
18includes the products that form through the decomposition or
19metabolism of the substance.
20    "Chemical of high concern" means a chemical identified by
21the Director under Section 15 of this Act.
22    "Chemical of low concern" means a chemical for which

 

 

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1adequate toxicity and environmental data are available to
2determine that it is not a chemical of high concern, a chemical
3of moderate concern, or a chemical of unknown concern.
4    "Chemical of moderate concern" means a chemical identified
5by an authoritative governmental entity on the basis of
6credible scientific evidence as being suspected of causing one
7or more of the adverse health or environmental effects set
8forth under subsection (a) of Section 15 of this Act.
9    "Chemical of unknown concern" means a chemical for which
10insufficient data are available to classify it as a chemical of
11high concern, a chemical of moderate concern, or a chemical of
12low concern.
13    "Children's product" means:
14        (1) a consumer product intended for use by children,
15    such as a baby product, toy, car seat, personal care
16    product, or clothing; and
17        (2) any consumer product containing a chemical of high
18    concern that when used or disposed of will likely result in
19    a child being exposed to that chemical.
20    "Consumer product" means any item sold for residential or
21commercial use, including any component or packaging.
22"Consumer product" does not include:
23        (1) A food or beverage or an additive to a food or
24    beverage.
25        (2) A tobacco product.
26        (3) A paper or forest product.

 

 

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1        (4) A pesticide regulated by the U.S. Environmental
2    Protection Agency.
3        (5) A drug or biologic regulated by the U.S. Food and
4    Drug Administration or the packaging of such a drug or
5    biologic if the U.S. Food and Drug Administration regulates
6    the drug or biologic's packaging.
7    "Director" means the Director of the Illinois
8Environmental Protection Agency.
9    "Distributor" means a person who sells a consumer product
10to a retail establishment on a wholesale basis.
11    "Manufacturer" means any person who manufactures a final
12consumer product or whose brand name is affixed to the consumer
13product. In the case of a consumer product imported into the
14State and distributed, sold, or offered for sale in the State,
15"manufacturer" includes the importer or domestic distributor
16of the consumer product if the person who manufactured or
17assembled the consumer product or whose brand name is affixed
18to the consumer product does not have a presence in the United
19States.
20    "Priority chemical" means a chemical identified as such by
21the Director under Section 20 of this Act.
22    "Safer alternative" means an alternative that, when
23compared to a priority chemical that it could replace, would
24reduce the potential for harm to human health or the
25environment or that has not been shown to pose the same or
26greater potential for harm to human health or the environment

 

 

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1as the priority chemical.
 
2    Section 15. Chemical of high concern.
3    (a) On or before January 1, 2013, the Director shall
4publish a list of chemicals of high concern to public health or
5the environment of the State of Illinois. The Director shall
6update the list of chemicals of high concern as necessary and
7at least annually. A chemical or other substance may be
8included on the list of chemicals of high concern if the
9Director determines that it has been identified by an
10authoritative governmental entity on the basis of credible
11scientific evidence as being known as one or more of the
12following:
13        (1) A carcinogen.
14        (2) A mutagen.
15        (3) A reproductive or developmental toxin.
16        (4) An endocrine disruptor.
17        (5) A persistent or bioaccumulative toxin.
18    (b) The Director may revise the list as needed and may add
19a chemical to the list of chemicals of high concern if it meets
20one or more of the criteria of subsection (a) of this Section.
21The Director may remove a chemical from the list of chemicals
22of high concern if, based on evidence, the Director determines
23that the chemical does not meet or no longer meets one or more
24of the criteria of subsection (a) of this Section.
 

 

 

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1    Section 20. Priority chemicals.
2    (a) The Director shall designate as a priority chemical any
3chemical classified as "known to be a human carcinogen" in the
4most recent report on carcinogens by the National Toxicology
5Program in the U.S. Department of Health and Human Services.
6    (b) The Director may designate a chemical of high concern
7as a priority chemical if the Director finds one or more of the
8following:
9        (1) The chemical has been found through biomonitoring
10    to be present in human blood, umbilical cord blood, breast
11    milk, urine, or other bodily tissues or fluids.
12        (2) The chemical has been found through sampling and
13    analysis to be present in household dust, indoor air,
14    drinking water, or elsewhere in the home environment.
15        (3) The chemical has been found through monitoring to
16    be present in fish, wildlife, or the natural environment.
17        (4) The chemical has been found to be present in a
18    consumer product used or present in the home.
19        (5) The chemical has been identified as a high
20    production volume chemical by the U.S. Environmental
21    Protection Agency.
22        (6) The sale or use of the chemical or a product
23    containing the chemical has been banned in another state
24    within the United States.
25    (c) In reviewing the list of chemicals of high concern for
26designation as a priority chemical under subsection (b) of this

 

 

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1Section, the Director shall prioritize designation of
2chemicals that have been one or more of the following:
3        (1) Characterized as "reasonably anticipated to be a
4    human carcinogen" in the most recent report on carcinogens
5    by the National Toxicology Program in the U.S. Department
6    of Health and Human Services.
7        (2) Classified as "likely to be carcinogenic to humans"
8    in the U.S. Environmental Protection Agency's most recent
9    list of chemicals evaluated for carcinogenic potential.
10        (3) Identified by the U.S. Environmental Protection
11    Agency as causing birth defects, hormone disruption, or
12    harm to reproduction or development.
13    (d) Beginning January 1, 2013, the Director shall report
14annually to the General Assembly with a summary of the
15chemicals reviewed for designation under this Section, a
16description of the review, and the number of chemicals
17designated as priority chemicals under this Section.
 
18    Section 25. Priority chemical notification of use.
19    (a) No later than 180 days after the Director designates a
20priority chemical under Section 20 of this Act, each
21manufacturer and distributor of a children's product that is
22distributed, sold, or offered for sale in Illinois and that
23contains the priority chemical designated by the Director shall
24notify the Director in writing of the presence of the priority
25chemical in the children's product. The notification shall:

 

 

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1        (1) identify the children's product;
2        (2) disclose the number of units of the children's
3    product sold or distributed in the State;
4        (3) specify the priority chemical or chemicals and the
5    amount of chemical or chemicals contained in the children's
6    product; and
7        (4) describe the intended purpose or use of the
8    priority chemical in the children's product.
9    (b) Each manufacturer and distributor of a children's
10product that contains a priority chemical shall provide the
11following additional information if requested by the Director:
12        (1) information on the likelihood that the chemical
13    will be released from the children's product to the
14    environment during the product's life cycle and the extent
15    to which users of children's products are likely to be
16    exposed to the chemical;
17        (2) information on the extent to which the chemical is
18    present in the environment or human body; and
19        (3) an assessment of the availability, cost,
20    feasibility, and performance, including potential for harm
21    to public health and the environment, or alternatives to
22    the priority chemical and the reason the priority chemical
23    was used in the manufacture of the children's product in
24    lieu of the identified alternatives. If an assessment
25    acceptable to the Director is not timely submitted, the
26    Director may assess the manufacturer or distributor the

 

 

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1    cost of a report conducted by an independent contractor of
2    the Director's choice on the availability of safer
3    alternatives.
 
4    Section 30. Prohibition on sale.
5    (a) The Director may prohibit, by rule, the manufacture,
6sale, or distribution in the State of a children's product
7containing a priority chemical if the Director determines,
8after consideration of the information submitted under Section
925 of this Act and other relevant information obtained by the
10Director, that:
11        (1) distribution of the children's product directly or
12    indirectly exposes children and vulnerable populations to
13    the priority chemical; and
14        (2) one or more safer alternatives to the priority
15    chemical are available at a comparable cost.
16    (b) If, under subsection (a) of this Section, the Director
17identifies several safer alternatives to a priority chemical,
18the Director may ban the sale of children's products that do
19not contain the alternative that is the least toxic to public
20health or the environment.
21    (c) A prohibition adopted by rule under this Section shall
22have an effective date of at least 12 months after the date the
23final rule is published in the Illinois Register.
24    (d) For the purpose of determining whether a safer
25alternative is available under subsection (a) of this Section,

 

 

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1the Director may, in the absence of persuasive evidence to the
2contrary:
3        (1) presume that an alternative is a safer alternative
4    if the alternative is not a chemical of high concern;
5        (2) presume that a safer alternative is available if
6    the sale of the children's product containing the priority
7    chemical has been banned by another state within the United
8    States;
9        (3) presume that a safer alternative is available if
10    the children's product containing the priority chemical is
11    an item of apparel or a novelty; and
12        (4) presume that a safer alternative is available if
13    the alternative is sold in the United States.
14    (e) At least 180 days before the effective date of a
15prohibition of a priority chemical adopted under subsection (a)
16of this Section, each manufacturer and distributor of a
17children's product that contains the priority chemical that is
18subject to the prohibition shall file a compliance plan with
19the Director or shall seek a waiver from the Director under
20subsection (g) of this Section. A compliance plan submitted
21under this subsection shall:
22        (1) identify the children's product that contains a
23    priority chemical;
24        (2) specify whether compliance with a prohibition on a
25    priority chemical will be achieved by discontinuing the
26    sale of the children's product in the State or by

 

 

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1    substituting a safer alternative in the product; and
2        (3) if compliance is to be achieved by substitution of
3    a safer alterative in the product, identify the safer
4    alternative and the timetable for substitution.
5    (f) A manufacturer or distributor of a children's product
6that contains a priority chemical shall notify all persons that
7offer the children's product for sale or distribution in the
8State of the requirements of this Act and whether the
9children's product is subject to a prohibition on sale adopted
10under subsection (a) of this Section.
11    (g)(1) The manufacturer or distributor of a children's
12product that contains a priority chemical and that is subject
13to a prohibition adopted under subsection (a) of this Section
14may apply to the Director for a waiver for one or more specific
15uses of the priority chemical. The waiver application shall, at
16a minimum:
17            (A) identify the specific children's product use
18        or uses for which the waiver is sought;
19            (B) identify the alternatives considered for
20        substitution of the priority chemical;
21            (C) explain the alternatives considered for
22        substitution of the priority chemical; and
23            (D) identify the steps that have been and will be
24        taken to minimize the use of the priority chemical.
25    (2) The Director may grant a waiver under this subsection
26    with or without conditions upon a finding that (i) there is

 

 

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1    a need for the children's product in which the priority
2    chemical is used and (ii) there are no technically or
3    economically feasible alternatives for the use of the
4    priority chemical in the children's product. A waiver may
5    be granted for a term not to exceed 5 years and may be
6    renewed for one additional 5-year term upon written
7    application demonstrating that technically or economically
8    feasible alternatives remain unavailable. The Director
9    shall grant or deny a request for a waiver under this
10    subsection within 60 days after receipt of an
11    administratively complete application for a waiver.
 
12    Section 35. Exemptions. The requirements of this Act shall
13not apply to:
14        (1) Chemicals in used products.
15        (2) Priority chemicals used in or for industry or
16    manufacturing.
17        (3) Priority chemicals generated solely as a
18    combustion byproduct or that are present in combustible
19    fuels.
20        (4) A person selling a children's product at retail
21    unless the person knowingly sells a children's product
22    containing a priority chemical after the effective date of
23    a prohibition adopted under Section 30 of this Act.
24        (5) A container or packaging for a food or beverage
25    product unless the product is intentionally marketed for

 

 

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1    the use of children under 3 years of age.
 
2    Section 40. Interstate clearinghouse for safer chemicals.
3The Director is authorized to participate, in cooperation with
4other states and governmental entities, in an interstate
5clearinghouse to classify existing chemicals and to promote
6safer chemicals in consumer products. The Director may also
7cooperate with an interstate clearinghouse in order to:
8        (1) organize and manage available data on chemicals,
9    including information on uses, hazards, and environmental
10    concerns;
11        (2) produce and inventory information on (i) safer
12    alternatives to uses of chemicals of concern and (ii) model
13    policies and programs;
14        (3) provide businesses and consumers with technical
15    assistance regarding the use of safer chemicals; and
16        (4) undertake other activities in support of State
17    programs to promote the use of safer chemicals.
 
18    Section 45. Certificate of compliance. In addition to any
19remedies or procedures authorized by this Act, the Director may
20request each manufacturer and distributor of a product offered
21for sale or distribution in the State to provide the Director
22with a certificate of compliance with the requirements of this
23Act and rules adopted thereunder. Within 10 days after receipt
24of a request from the Director under this Section, the

 

 

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1manufacturer or distributor shall do one of the following:
2        (1) Provide the Director with a certificate attesting
3    that the product does not contain the priority chemical or
4    is not subject to the requirements of this Act.
5        (2) Notify persons who sell or distribute the product
6    in the State that the sale of the product is prohibited and
7    shall provide the Director with a list of the names and
8    addresses of those notified.
 
9    Section 50. Education and consultation. The Director shall
10develop educational materials regarding the requirements of
11this Act for distribution to manufacturers, distributors, and
12retailers. The Director shall consult with retailers and
13retailer associations in order to assist retailers in complying
14with the requirements of this Act.
 
15    Section 55. Advisory Council on Toxic Substances.
16    (a) There is created an Advisory Council on Toxic
17Substances to provide expert and scientific advice to the
18Director regarding identification of chemicals of high
19concern, designation of priority chemicals, and identification
20of safer alternative chemicals. The Advisory Council on Toxic
21Substances shall annually recommend to the Director:
22        (1) strategies or actions to reduce public health risks
23    from exposure to chemicals of high concern. In identifying
24    public health risks, the Advisory Council on Toxic

 

 

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1    Substances shall with heightened scrutiny evaluate
2    potential public health risks to citizens of the State of
3    Illinois;
4        (2) restrictions on or prohibitions of the
5    distribution, sale, or use of a chemical of high concern;
6        (3) public disclosure requirements for a manufacturer
7    of a chemical of high concern or a product containing a
8    chemical of high concern; and
9        (4) safer alternative chemicals to chemicals of high
10    concern.
11    (b) The Advisory Council on Toxic Substances shall consist
12of the following members:
13        (1) one member of the House of Representatives,
14    appointed by the Speaker;
15        (2) one member of the Senate, appointed by the
16    President of the Senate;
17        (3) the Director or his or her designee;
18        (4) the Director of Public Health or his or her
19    designee;
20        (5) the Director of Agriculture or his or her designee;
21        (6) the Attorney General or his or her designee;
22        (7) a representative of a Solid Waste Management
23    District, appointed by the Director;
24        (8) an Illinois toxicologist, appointed by the
25    Director;
26        (9) a representative of the Illinois retail community,

 

 

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1    appointed by the Director;
2        (10) a representative of the Illinois manufacturing
3    community, appointed by the Director;
4        (11) a representative of an Illinois college or
5    university, appointed by the Director;
6        (12) a representative of the Illinois medical
7    community, appointed by the Director;
8        (13) a representative of a statewide consumer interest
9    group, appointed by the Director;
10        (14) a representative of a statewide environmental
11    group, appointed by the Director; and
12        (15) a scientist knowledgeable about matters related
13    to toxic substances, appointed by the Director.
14    (c) The Advisory Council on Toxic Substances shall report
15annually to the General Assembly by January 15 with a summary
16of the recommendations presented to the Director under
17subsection (a) of this Section.
18    (d) The Environmental Protection Agency shall provide the
19Advisory Council on Toxic Substances with technical, legal, and
20administrative staff support as needed.
 
21    Section 60. Rulemaking. The Director may adopt rules to
22implement the requirements of this Act.