Full Text of SB3448 103rd General Assembly
SB3448enr 103RD GENERAL ASSEMBLY | | | SB3448 Enrolled | | LRB103 38471 BDA 68607 b |
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| 1 | | AN ACT concerning safety. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Emergency Planning and Community | 5 | | Right to Know Act is amended by changing Section 12 as follows: | 6 | | (430 ILCS 100/12) (from Ch. 111 1/2, par. 7712) | 7 | | Sec. 12. Inventory forms. (a) The owner or operator of any | 8 | | facility which is required to prepare or have available a | 9 | | material safety data sheet for a hazardous chemical under the | 10 | | Occupational Safety and Health Act of 1970 and regulations | 11 | | promulgated under that Act shall, in accordance with the | 12 | | threshold levels for reporting as established by regulations | 13 | | promulgated under the Federal Act, prepare and submit an | 14 | | emergency and hazardous chemical inventory form (hereafter in | 15 | | this Act referred to as an "inventory form") to each of the | 16 | | following: | 17 | | (1) the appropriate local emergency planning committee; | 18 | | (2) the State Emergency Response Commission; and | 19 | | (3) the fire department with jurisdiction over the | 20 | | facility. | 21 | | The inventory form shall be submitted annually on or | 22 | | before March 1, and shall contain tier I data with respect to | 23 | | the preceding calendar year. |
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| 1 | | (b) The requirement of subsection (a) does not apply if an | 2 | | owner or operator provides, to the recipients described in | 3 | | subsection (a), by the same deadline and with respect to the | 4 | | same calendar year, an inventory form containing tier II | 5 | | information. | 6 | | (c) An owner or operator may meet the requirements of this | 7 | | Section with respect to a hazardous chemical which is a | 8 | | mixture by doing one of the following: | 9 | | (1) Providing information on the inventory form on each | 10 | | element or compound in the mixture which is a hazardous | 11 | | chemical. If more than one mixture has the same element or | 12 | | compound, only one listing on the inventory form for the | 13 | | element or compound at the facility is necessary. | 14 | | (2) Providing information on the inventory form on the | 15 | | mixture itself. | 16 | | (d) A hazardous chemical shall be subject to the | 17 | | requirements of this Section only if it is a hazardous | 18 | | chemical for which a material safety data sheet or a listing is | 19 | | required under Section 311 of the Federal Act. | 20 | | (e) A tier I inventory form shall provide the following | 21 | | information in aggregate terms for hazardous chemicals in | 22 | | categories of health and physical hazards as set forth under | 23 | | the Occupational Safety and Health Act of 1970 and regulations | 24 | | promulgated under that Act: | 25 | | (1) an estimate (in ranges) of the maximum amount of | 26 | | hazardous chemicals in each category present at the facility |
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| 1 | | at any time during the preceding calendar year; | 2 | | (2) an estimate (in ranges) of the maximum amount of | 3 | | hazardous chemicals in each category present at the facility | 4 | | at any time during the preceding calendar year; and | 5 | | (3) the general location of hazardous chemicals in each | 6 | | category. | 7 | | (f) A tier II inventory form shall provide the following | 8 | | additional information for each hazardous chemical present at | 9 | | the facility, but only upon request and in accordance with | 10 | | subsection (g): | 11 | | (1) the chemical name or the common name of the chemical as | 12 | | provided on the material safety data sheet; | 13 | | (2) an estimate (in ranges) of the maximum amount of the | 14 | | hazardous chemical present at the facility at any time during | 15 | | the preceding calendar year; | 16 | | (3) an estimate (in ranges) of the average daily amount of | 17 | | the hazardous chemical present at the facility during the | 18 | | preceding calendar year; | 19 | | (4) a brief description of the manner of storage of the | 20 | | hazardous chemical; | 21 | | (5) the location at the facility of the hazardous | 22 | | chemical; and | 23 | | (6) an indication of whether the owner elects to withhold | 24 | | location information of a specific hazardous chemical from | 25 | | disclosure to the public under Section 324 of the Federal Act. | 26 | | (g) Availability of tier II information shall be as |
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| 1 | | follows: | 2 | | (1) Upon request by the State Emergency Planning | 3 | | Commission, a local emergency planning committee, or a fire | 4 | | department with jurisdiction over the facility, the owner or | 5 | | operator of a facility shall provide tier II information, as | 6 | | described in subsection (g), to the person making the request. | 7 | | (2) A State or local official acting in his or her official | 8 | | capacity may have access to tier II information by submitting | 9 | | a request to the SERC or the local emergency planning | 10 | | committee. Upon receipt of a request for tier II information, | 11 | | the SERC or local committee shall, pursuant to paragraph (1), | 12 | | request the facility owner or operator for the tier II | 13 | | information and make available such information to the | 14 | | official. | 15 | | (3) Any person may request the SERC or a local emergency | 16 | | planning committee for tier II information relating to the | 17 | | preceding calendar year with respect to a facility. Any such | 18 | | request shall be in writing and shall be with respect to a | 19 | | specific facility. | 20 | | (4) Any tier II information which the SERC or a local | 21 | | emergency planning committee has in its possession shall be | 22 | | made available to a person making a request under this | 23 | | paragraph in accordance with Section 324 of the Federal Act. | 24 | | If the SERC or local emergency planning committee does not | 25 | | have the tier II information in its possession, upon receiving | 26 | | a request for tier II information the SERC or local emergency |
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| 1 | | planning committee shall, pursuant to paragraph (1), request | 2 | | the facility owner or operator for tier II information with | 3 | | respect to a hazardous chemical which a facility has stored in | 4 | | an amount in excess of 10,000 pounds present at the facility at | 5 | | any time during the preceding calendar year and make such | 6 | | information available to the person making the request in | 7 | | accordance with Section 324 of the Federal Act. | 8 | | (5) In the case of tier II information which is not in the | 9 | | possession of the SERC or local emergency planning committee | 10 | | and which relates to a hazardous chemical which a facility has | 11 | | stored in an amount less than 10,000 pounds present at the | 12 | | facility at any time during the preceding calendar year, a | 13 | | request from a person must include the general need for the | 14 | | information. The SERC or local emergency planning committee | 15 | | may, pursuant to paragraph (1), make a request to the facility | 16 | | owner or operator for the tier II information on behalf of the | 17 | | person making the request. Upon receipt of any information | 18 | | requested on behalf of such person, the SERC or local | 19 | | emergency planning committee shall make the information | 20 | | available to the person in accordance with Section 324 of the | 21 | | Federal Act. | 22 | | (6) The SERC or local emergency planning committee shall | 23 | | respond to a request for tier II information under this | 24 | | Section no later than 45 days after the date of receipt of the | 25 | | request. | 26 | | (7) Upon request to an owner or operator of a facility |
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| 1 | | which files an inventory form under this Section by the fire | 2 | | department with jurisdiction over the facility, the owner or | 3 | | operator of the facility shall allow the fire department to | 4 | | conduct an on-site inspection of the facility and shall | 5 | | provide to the fire department specific location information | 6 | | on hazardous chemicals at the facility. | 7 | | (8) The SERC shall provide and maintain a Tier II | 8 | | reporting system that has the capability to allow the | 9 | | reporting facility filing a Tier II inventory form to verify | 10 | | the accuracy of the facility's chemical storage address, | 11 | | including the latitude and longitude associated with that | 12 | | address, using a mapping-based software. | 13 | | (h) The tier 1 and tier 2 inventory forms promulgated by | 14 | | USEPA for use in meeting the requirements of Section 312 of the | 15 | | Federal Act may be used to fulfill the requirements of this | 16 | | Section. | 17 | | (Source: P.A. 86-449.) |
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