Full Text of HB3888 101st General Assembly
HB3888sam001 101ST GENERAL ASSEMBLY | Sen. John F. Curran Adopted in Senate on Nov 13, 2019
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| 1 | | AMENDMENT TO HOUSE BILL 3888
| 2 | | AMENDMENT NO. ______. Amend House Bill 3888 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | changing Section 9.16 and by adding Section 9.18 as follows: | 6 | | (415 ILCS 5/9.16) | 7 | | Sec. 9.16. Control of ethylene oxide sterilization | 8 | | sources. | 9 | | (a) As used in this Section: | 10 | | "Ethylene oxide sterilization operations" means the | 11 | | process of using ethylene oxide at an ethylene oxide | 12 | | sterilization source to make one or more items free from | 13 | | microorganisms, pathogens, or both microorganisms and | 14 | | pathogens. | 15 | | "Ethylene oxide sterilization source" means any stationary | 16 | | source with ethylene oxide usage that would subject it to the |
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| 1 | | emissions standards in 40 CFR 63.362. "Ethylene oxide | 2 | | sterilization source" does not include beehive fumigators, | 3 | | research or laboratory facilities, hospitals, doctors' | 4 | | offices, clinics, or other stationary sources for which the | 5 | | primary purpose is to provide medical services to humans or | 6 | | animals. | 7 | | "Exhaust point" means any point through which ethylene | 8 | | oxide-laden air exits an ethylene oxide sterilization source. | 9 | | "Stationary source" has the meaning set forth in subsection | 10 | | 1 of Section 39.5. | 11 | | (b) Beginning 180 days after June 21, 2019 ( the effective | 12 | | date of Public Act 101-22) this amendatory Act of the 101st | 13 | | General Assembly , no person shall conduct ethylene oxide | 14 | | sterilization operations, unless the ethylene oxide | 15 | | sterilization source captures, and demonstrates that it | 16 | | captures, 100% of all ethylene oxide emissions and reduces | 17 | | ethylene oxide emissions to the atmosphere from each exhaust | 18 | | point at the ethylene oxide sterilization source by at least | 19 | | 99.9% or to 0.2 parts per million. | 20 | | (1) Within 180 days after June 21, 2019 ( the effective | 21 | | date of Public Act 101-22) this amendatory Act of the 101st | 22 | | General Assembly for any existing ethylene oxide | 23 | | sterilization source, or prior to any ethylene oxide | 24 | | sterilization operation for any source that first becomes | 25 | | subject to regulation after June 21, 2019 ( the effective | 26 | | date of Public Act 101-22) this amendatory Act of the 101st |
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| 1 | | General Assembly as an ethylene oxide sterilization source | 2 | | under this Section, the owner or operator of the ethylene | 3 | | oxide sterilization source shall conduct an initial | 4 | | emissions test in accordance with all of the requirements | 5 | | set forth in this paragraph (1) to verify that ethylene | 6 | | oxide emissions to the atmosphere from each exhaust point | 7 | | at the ethylene oxide sterilization source have been | 8 | | reduced by at least 99.9% or to 0.2 parts per million: | 9 | | (A) At least 30 days prior to the scheduled | 10 | | emissions test date, the owner or operator of the | 11 | | ethylene oxide sterilization source shall submit a | 12 | | notification of the scheduled emissions test date and a | 13 | | copy of the proposed emissions test protocol to the | 14 | | Agency for review and written approval. Emissions test | 15 | | protocols submitted to the Agency shall address the | 16 | | manner in which testing will be conducted, including, | 17 | | but not limited to: | 18 | | (i) the name of the independent third party | 19 | | company that will be performing sampling and | 20 | | analysis and the company's experience with similar | 21 | | emissions tests; | 22 | | (ii) the methodologies to be used; | 23 | | (iii) the conditions under which emissions | 24 | | tests will be performed, including a discussion of | 25 | | why these conditions will be representative of | 26 | | maximum emissions from each of the 3 cycles of |
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| 1 | | operation (chamber evacuation, back vent, and | 2 | | aeration) and the means by which the operating | 3 | | parameters for the emission unit and any control | 4 | | equipment will be determined; | 5 | | (iv) the specific determinations of emissions | 6 | | and operations that are intended to be made, | 7 | | including sampling and monitoring locations; and | 8 | | (v) any changes to the test method or methods | 9 | | proposed to accommodate the specific circumstances | 10 | | of testing, with justification. | 11 | | (B) The owner or operator of the ethylene oxide | 12 | | sterilization source shall perform emissions testing | 13 | | in accordance with an Agency-approved test protocol | 14 | | and at representative conditions to verify that | 15 | | ethylene oxide emissions to the atmosphere from each | 16 | | exhaust point at the ethylene oxide sterilization | 17 | | source have been reduced by at least 99.9% or to 0.2 | 18 | | parts per million. The duration of the test must | 19 | | incorporate all 3 cycles of operation for | 20 | | determination of the emission reduction efficiency. | 21 | | (C) Upon Agency approval of the test protocol, any | 22 | | source that first becomes subject to regulation after | 23 | | June 21, 2019 ( the effective date of Public Act 101-22) | 24 | | this amendatory Act of the 101st General Assembly as an | 25 | | ethylene oxide sterilization source under this Section | 26 | | may undertake ethylene oxide sterilization operations |
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| 1 | | in accordance with the Agency-approved test protocol | 2 | | for the sole purpose of demonstrating compliance with | 3 | | this subsection (b). | 4 | | (D) The owner or operator of the ethylene oxide | 5 | | sterilization source shall submit to the Agency the | 6 | | results of any and all emissions testing conducted | 7 | | after June 21, 2019 ( the effective date of Public Act | 8 | | 101-22) this amendatory Act of the 101st General | 9 | | Assembly , until the Agency accepts testing results | 10 | | under subparagraph (E) of paragraph (1) of this | 11 | | subsection (b), for any existing source or prior to any | 12 | | ethylene oxide sterilization operation for any source | 13 | | that first becomes subject to regulation after June 21, | 14 | | 2019 ( the effective date of Public Act 101-22) this | 15 | | amendatory Act of the 101st General Assembly as an | 16 | | ethylene oxide sterilization source under this | 17 | | Section. The results documentation shall include at a | 18 | | minimum: | 19 | | (i) a summary of results; | 20 | | (ii) a description of test method or methods, | 21 | | including description of sample points, sampling | 22 | | train, analysis equipment, and test schedule; | 23 | | (iii) a detailed description of test | 24 | | conditions, including process information and | 25 | | control equipment information; and | 26 | | (iv) data and calculations, including copies |
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| 1 | | of all raw data sheets, opacity observation | 2 | | records and records of laboratory analyses, sample | 3 | | calculations, and equipment calibration. | 4 | | (E) Within 30 days of receipt, the Agency shall | 5 | | accept, accept with conditions, or decline to accept a | 6 | | stack testing protocol and the testing results | 7 | | submitted to demonstrate compliance with paragraph (1) | 8 | | of this subsection (b). If the Agency accepts with | 9 | | conditions or declines to accept the results | 10 | | submitted, the owner or operator of the ethylene oxide | 11 | | sterilization source shall submit revised results of | 12 | | the emissions testing or conduct emissions testing | 13 | | again. If the owner or operator revises the results, | 14 | | the revised results shall be submitted within 15 days | 15 | | after the owner or operator of the ethylene oxide | 16 | | sterilization source receives written notice of the | 17 | | Agency's conditional acceptance or rejection of the | 18 | | emissions testing results. If the owner or operator | 19 | | conducts emissions testing again, such new emissions | 20 | | testing shall conform to the requirements of this | 21 | | subsection (b). | 22 | | (2) The owner or operator of the ethylene oxide | 23 | | sterilization source shall conduct emissions testing on | 24 | | all exhaust points at the ethylene oxide sterilization | 25 | | source at least once each calendar year to demonstrate | 26 | | compliance with the requirements of this Section and any |
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| 1 | | applicable requirements concerning ethylene oxide that are | 2 | | set forth in either United States Environmental Protection | 3 | | Agency rules or Board rules. Annual emissions tests | 4 | | required under this paragraph (2) shall take place at least | 5 | | 6 months apart. An initial emissions test conducted under | 6 | | paragraph (1) of this subsection (b) satisfies the testing | 7 | | requirement of this paragraph (2) for the calendar year in | 8 | | which the initial emissions test is conducted. | 9 | | (3) At least 30 days before conducting the annual | 10 | | emissions test required under paragraph (2) of this | 11 | | subsection (b), the owner or operator shall submit a | 12 | | notification of the scheduled emissions test date and a | 13 | | copy of the proposed emissions test protocol to the Agency | 14 | | for review and written approval. Emissions test protocols | 15 | | submitted to the Agency under this paragraph (3) must | 16 | | address each item listed in subparagraph (A) of paragraph | 17 | | (1) of this subsection (b). Emissions testing shall be | 18 | | performed in accordance with an Agency-approved test | 19 | | protocol and at representative conditions. In addition, as | 20 | | soon as practicable, but no later than 30 days after the | 21 | | emissions test date, the owner or operator shall submit to | 22 | | the Agency the results of the emissions testing required | 23 | | under paragraph (2) of this subsection (b). Such results | 24 | | must include each item listed in subparagraph (D) of | 25 | | paragraph (1) of this subsection (b). | 26 | | (4) If the owner or operator of an ethylene oxide |
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| 1 | | sterilization source conducts any emissions testing in | 2 | | addition to tests required by Public Act 101-22 this | 3 | | amendatory Act of the 101st General Assembly , the owner or | 4 | | operator shall submit to the Agency the results of such | 5 | | emissions testing within 30 days after the emissions test | 6 | | date. | 7 | | (5) The Agency shall accept, accept with conditions, or | 8 | | decline to accept testing results submitted to demonstrate | 9 | | compliance with paragraph (2) of this subsection (b). If | 10 | | the Agency accepts with conditions or declines to accept | 11 | | the results submitted, the owner or operator of the | 12 | | ethylene oxide sterilization source shall submit revised | 13 | | results of the emissions testing or conduct emissions | 14 | | testing again. If the owner or operator revises the | 15 | | results, the revised results shall be submitted within 15 | 16 | | days after the owner or operator of the ethylene oxide | 17 | | sterilization source receives written notice of the | 18 | | Agency's conditional acceptance or rejection of the | 19 | | emissions testing results. If the owner or operator | 20 | | conducts emissions testing again, such new emissions | 21 | | testing shall conform to the requirements of this | 22 | | subsection (b). | 23 | | (c) If any emissions test conducted more than 180 days | 24 | | after June 21, 2019 ( the effective date of Public Act 101-22) | 25 | | this amendatory Act of the 101st General Assembly fails to | 26 | | demonstrate that ethylene oxide emissions to the atmosphere |
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| 1 | | from each exhaust point at the ethylene oxide sterilization | 2 | | source have been reduced by at least 99.9% or to 0.2 parts per | 3 | | million, the owner or operator of the ethylene oxide | 4 | | sterilization source shall immediately cease ethylene oxide | 5 | | sterilization operations and notify the Agency within 24 hours | 6 | | of becoming aware of the failed emissions test. Within 60 days | 7 | | after the date of the test, the owner or operator of the | 8 | | ethylene oxide sterilization source shall: | 9 | | (1) complete an analysis to determine the root cause of | 10 | | the failed emissions test; | 11 | | (2) take any actions necessary to address that root | 12 | | cause; | 13 | | (3) submit a report to the Agency describing the | 14 | | findings of the root cause analysis, any work undertaken to | 15 | | address findings of the root cause analysis, and | 16 | | identifying any feasible best management practices to | 17 | | enhance capture and further reduce ethylene oxide levels | 18 | | within the ethylene oxide sterilization source, including | 19 | | a schedule for implementing such practices; and | 20 | | (4) upon approval by the Agency of the report required | 21 | | by paragraph (3) of this subsection, restart ethylene oxide | 22 | | sterilization operations only to the extent necessary to | 23 | | conduct additional emissions test or tests. The ethylene | 24 | | oxide sterilization source shall conduct such emissions | 25 | | test or tests under the same requirements as the annual | 26 | | test described in paragraphs (2) and (3) of subsection (b). |
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| 1 | | The ethylene oxide sterilization source may restart | 2 | | operations once an emissions test successfully | 3 | | demonstrates that ethylene oxide emissions to the | 4 | | atmosphere from each exhaust point at the ethylene oxide | 5 | | sterilization source have been reduced by at least 99.9% or | 6 | | to 0.2 parts per million, the source has submitted the | 7 | | results of all emissions testing conducted under this | 8 | | subsection to the Agency, and the Agency has approved the | 9 | | results demonstrating compliance. | 10 | | (d) Beginning 180 days after June 21, 2019 ( the effective | 11 | | date of Public Act 101-22) this amendatory Act of the 101st | 12 | | General Assembly for any existing source or prior to any | 13 | | ethylene oxide sterilization operation for any source that | 14 | | first becomes subject to regulation after June 21, 2019 ( the | 15 | | effective date of Public Act 101-22) this amendatory Act of the | 16 | | 101st General Assembly as an ethylene oxide sterilization | 17 | | source under this Section, no person shall conduct ethylene | 18 | | oxide sterilization operations unless the owner or operator of | 19 | | the ethylene oxide sterilization source submits for review and | 20 | | approval by the Agency a plan describing how the owner or | 21 | | operator will continuously collect emissions information at | 22 | | the ethylene oxide sterilization source. This plan must also | 23 | | specify locations at the ethylene oxide sterilization source | 24 | | from which emissions will be collected and identify equipment | 25 | | used for collection and analysis, including the individual | 26 | | system components. |
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| 1 | | (1) The owner or operator of the ethylene oxide | 2 | | sterilization source must provide a notice of acceptance of | 3 | | any conditions added by the Agency to the plan, or correct | 4 | | any deficiencies identified by the Agency in the plan, | 5 | | within 3 business days after receiving the Agency's | 6 | | conditional acceptance or denial of the plan. | 7 | | (2) Upon the Agency's approval of the plan, the owner | 8 | | or operator of the ethylene oxide sterilization source | 9 | | shall implement the plan in accordance with its approved | 10 | | terms. | 11 | | (e) Beginning 180 days after June 21, 2019 ( the effective | 12 | | date of Public Act 101-22) this amendatory Act of the 101st | 13 | | General Assembly for any existing source or prior to any | 14 | | ethylene oxide sterilization operation for any source that | 15 | | first becomes subject to regulation after June 21, 2019 ( the | 16 | | effective date of Public Act 101-22) this amendatory Act of the | 17 | | 101st General Assembly as an ethylene oxide sterilization | 18 | | source under this Section, no person shall conduct ethylene | 19 | | oxide sterilization operations unless the owner or operator of | 20 | | the ethylene oxide sterilization source submits for review and | 21 | | approval by the Agency an Ambient Air Monitoring Plan. | 22 | | (1) The Ambient Air Monitoring Plan shall include, at a | 23 | | minimum, the following: | 24 | | (A) Detailed plans to collect and analyze air | 25 | | samples for ethylene oxide on at least a quarterly | 26 | | basis near the property boundaries of the ethylene |
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| 1 | | oxide sterilization source and at community locations | 2 | | with the highest modeled impact pursuant to the | 3 | | modeling conducted under subsection (f). Each | 4 | | quarterly sampling under this subsection shall be | 5 | | conducted over a multiple-day sampling period. | 6 | | (B) A schedule for implementation. | 7 | | (C) The name of the independent third party company | 8 | | that will be performing sampling and analysis and the | 9 | | company's experience with similar testing. | 10 | | (2) The owner or operator of the ethylene oxide | 11 | | sterilization source must provide a notice of acceptance of | 12 | | any conditions added by the Agency to the Ambient Air | 13 | | Monitoring Plan, or correct any deficiencies identified by | 14 | | the Agency in the Ambient Air Monitoring Plan, within 3 | 15 | | business days after receiving the Agency's conditional | 16 | | acceptance or denial of the plan. | 17 | | (3) Upon the Agency's approval of the plan, the owner | 18 | | or operator of the ethylene oxide sterilization source | 19 | | shall implement the Ambient Air Monitoring Plan in | 20 | | accordance with its approved terms. | 21 | | (f) Beginning 180 days after June 21, 2019 ( the effective | 22 | | date of Public Act 101-22) this amendatory Act of the 101st | 23 | | General Assembly for any existing source or prior to any | 24 | | ethylene oxide sterilization operation for any source that | 25 | | first becomes subject to regulation after June 21, 2019 ( the | 26 | | effective date of Public Act 101-22) this amendatory Act of the |
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| 1 | | 101st General Assembly as an ethylene oxide sterilization | 2 | | source under this Section, no person shall conduct ethylene | 3 | | oxide sterilization operations unless the owner or operator of | 4 | | the ethylene oxide sterilization source has performed | 5 | | dispersion modeling and the Agency approves such modeling. | 6 | | (1) Dispersion modeling must: | 7 | | (A) be conducted using accepted United States | 8 | | Environmental Protection Agency methodologies, | 9 | | including 40 CFR Part 51, Appendix W, except that no | 10 | | background ambient levels of ethylene oxide shall be | 11 | | used; | 12 | | (B) use emissions and stack parameter data from the | 13 | | emissions test conducted in accordance with paragraph | 14 | | (1) of subsection (b), and use 5 years of hourly | 15 | | meteorological data that is representative of the | 16 | | source's location; and | 17 | | (C) use a receptor grid that extends to at least | 18 | | one kilometer around the source and ensure the modeling | 19 | | domain includes the area of maximum impact, with | 20 | | receptor spacing no greater than every 50 meters | 21 | | starting from the building walls of the source | 22 | | extending out to a distance of at least one-half | 23 | | kilometer, then every 100 meters extending out to a | 24 | | distance of at least one kilometer. | 25 | | (2) The owner or operator of the ethylene oxide | 26 | | sterilization source shall submit revised results of all |
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| 1 | | modeling if the Agency accepts with conditions or declines | 2 | | to accept the results submitted. | 3 | | (g) A facility permitted to emit ethylene oxide that has | 4 | | been subject to a seal order under Section 34 is prohibited | 5 | | from using ethylene oxide for sterilization or fumigation | 6 | | purposes, unless (i) the facility can provide a certification | 7 | | to the Agency by the supplier of a product to be sterilized or | 8 | | fumigated that ethylene oxide sterilization or fumigation is | 9 | | the only available method to completely sterilize or fumigate | 10 | | the product and (ii) the Agency has certified that the | 11 | | facility's emission control system uses technology that | 12 | | produces the greatest reduction in ethylene oxide emissions | 13 | | currently available. The certification shall be made by a | 14 | | company representative with knowledge of the sterilization | 15 | | requirements of the product. The certification requirements of | 16 | | this Section shall apply to any group of products packaged | 17 | | together and sterilized as a single product if sterilization or | 18 | | fumigation is the only available method to completely sterilize | 19 | | or fumigate more than half of the individual products contained | 20 | | in the package. | 21 | | A facility is not subject to the requirements of this | 22 | | subsection if the supporting findings of the seal order under | 23 | | Section 34 are found to be without merit by a court of | 24 | | competent jurisdiction. | 25 | | (h) If an entity, or any parent or subsidiary of an entity, | 26 | | that owns or operates a facility permitted by the Agency to |
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| 1 | | emit ethylene oxide acquires by purchase, license, or any other | 2 | | method of acquisition any intellectual property right in a | 3 | | sterilization technology that does not involve the use of | 4 | | ethylene oxide, or by purchase, merger, or any other method of | 5 | | acquisition of any entity that holds an intellectual property | 6 | | right in a sterilization technology that does not involve the | 7 | | use of ethylene oxide, that entity, parent, or subsidiary shall | 8 | | notify the Agency of the acquisition within 30 days of | 9 | | acquiring it. If that entity, parent, or subsidiary has not | 10 | | used the sterilization technology within 3 years of its | 11 | | acquisition, the entity shall notify the Agency within 30 days | 12 | | of the 3-year period elapsing. | 13 | | An entity, or any parent or subsidiary of an entity, that | 14 | | owns or operates a facility permitted by the Agency to emit | 15 | | ethylene oxide that has any intellectual property right in any | 16 | | sterilization technology that does not involve the use of | 17 | | ethylene oxide shall notify the Agency of any offers that it | 18 | | makes to license or otherwise allow the technology to be used | 19 | | by third parties within 30 days of making the offer. | 20 | | An entity, or any parent or subsidiary of an entity, that | 21 | | owns or operates a facility permitted by the Agency to emit | 22 | | ethylene oxide shall provide the Agency with a list of all U.S. | 23 | | patent registrations for sterilization technology that the | 24 | | entity, parent, or subsidiary has any property right in. The | 25 | | list shall include the following: | 26 | | (1) The patent number assigned by the United States |
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| 1 | | Patent and Trademark Office for each patent. | 2 | | (2) The date each patent was filed. | 3 | | (3) The names and addresses of all owners or assignees | 4 | | of each patent. | 5 | | (4) The names and addresses of all inventors of each | 6 | | patent. | 7 | | (i) If a CAAPP permit applicant applies to use ethylene | 8 | | oxide as a sterilant or fumigant at a facility not in existence | 9 | | prior to January 1, 2020, the Agency shall issue a CAAPP permit | 10 | | for emission of ethylene oxide only if: | 11 | | (1) the nearest school or park is at least 10 miles | 12 | | from the permit applicant in counties with populations | 13 | | greater than 700,000 based on 2010 census information | 14 | | 50,000 ; | 15 | | (2) (blank); and the nearest school or park is at least | 16 | | 15 miles from the permit applicant in counties with | 17 | | populations less than or equal to 50,000; and | 18 | | (3) within 7 days after the application for a CAAPP | 19 | | permit, the permit applicant has published its permit | 20 | | request on its website, published notice in a local | 21 | | newspaper of general circulation, and provided notice to: | 22 | | (A) the State Representative for the | 23 | | representative district in which the facility is | 24 | | located; | 25 | | (B) the State Senator for the legislative district | 26 | | in which the facility is located; |
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| 1 | | (C) the members of the county board for the county | 2 | | in which the facility is located; and | 3 | | (D) the local municipal board members and | 4 | | executives. | 5 | | (j) The owner or operator of an ethylene oxide | 6 | | sterilization source must apply for and obtain a construction | 7 | | permit from the Agency for any modifications made to the source | 8 | | to comply with the requirements of Public Act 101-22 this | 9 | | amendatory Act of the 101st General Assembly , including, but | 10 | | not limited to, installation of a permanent total enclosure, | 11 | | modification of airflow to create negative pressure within the | 12 | | source, and addition of one or more control devices. | 13 | | Additionally, the owner or operator of the ethylene oxide | 14 | | sterilization source must apply for and obtain from the Agency | 15 | | a modification of the source's operating permit to incorporate | 16 | | such modifications made to the source. Both the construction | 17 | | permit and operating permit must include a limit on ethylene | 18 | | oxide usage at the source. | 19 | | (k) Nothing in this Section shall be interpreted to excuse | 20 | | the ethylene oxide sterilization source from complying with any | 21 | | applicable local requirements. | 22 | | (l) The owner or operator of an ethylene oxide | 23 | | sterilization source must notify the Agency within 5 days after | 24 | | discovering any deviation from any of the requirements in this | 25 | | Section or deviations from any applicable requirements | 26 | | concerning ethylene oxide that are set forth in this Act, |
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| 1 | | United States Environmental Protection Agency rules, or Board | 2 | | rules. As soon as practicable, but no later than 5 business | 3 | | days, after the Agency receives such notification, the Agency | 4 | | must post a notice on its website and notify the members of the | 5 | | General Assembly from the Legislative and Representative | 6 | | Districts in which the source in question is located, the | 7 | | county board members of the county in which the source in | 8 | | question is located, the corporate authorities of the | 9 | | municipality in which the source in question is located, and | 10 | | the Illinois Department of Public Health. | 11 | | (m) The Agency must conduct at least one unannounced | 12 | | inspection of all ethylene oxide sterilization sources subject | 13 | | to this Section per year. Nothing in this Section shall limit | 14 | | the Agency's authority under other provisions of this Act to | 15 | | conduct inspections of ethylene oxide sterilization sources. | 16 | | (n) The Agency shall conduct air testing to determine the | 17 | | ambient levels of ethylene oxide throughout the State. The | 18 | | Agency shall, within 180 days after June 21, 2019 ( the | 19 | | effective date of Public Act 101-22) this amendatory Act of the | 20 | | 101st General Assembly , submit rules for ambient air testing of | 21 | | ethylene oxide to the Board.
| 22 | | (Source: P.A. 101-22, eff. 6-21-19; revised 8-9-19.) | 23 | | (415 ILCS 5/9.18 new) | 24 | | Sec. 9.18. Ethylene oxide phase-out. | 25 | | (a) In this Section: |
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| 1 | | "Densely populated location" means a location that does not | 2 | | qualify as a remote location as defined in this subsection. | 3 | | "Emissions of ethylene oxide" and "emit ethylene oxide" | 4 | | means all ethylene oxide that enters the atmosphere from a | 5 | | source, including, but not limited to, stack emissions and | 6 | | fugitive emissions. | 7 | | "Ethylene oxide emissions source" means a stationary | 8 | | source that currently, or at any point in the previous 15 | 9 | | years, emits, emitted, or has the potential to emit ethylene | 10 | | oxide into the atmosphere, regardless of the specific emissions | 11 | | source. "Ethylene oxide emissions source" does not include an | 12 | | ethylene oxide sterilization source, hospital, or natural | 13 | | biological source such as the human body, plant, or animal. | 14 | | "Ethylene oxide sterilization operation" means the process | 15 | | of using ethylene oxide to make one or more items free from | 16 | | microorganisms, pathogens, or both microorganisms and | 17 | | pathogens. | 18 | | "Ethylene oxide sterilization source" means a stationary | 19 | | source where operations include ethylene oxide sterilization | 20 | | operations and that currently, or at any point in the previous | 21 | | 15 years, emits, emitted, or has the potential to emit ethylene | 22 | | oxide into the atmosphere, regardless of its emissions source. | 23 | | "Ethylene oxide sterilization source" does not include a | 24 | | hospital as defined in this subsection. | 25 | | "Hospital" means a hospital licensed under the Hospital | 26 | | Licensing Act or operated under the University of Illinois |
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| 1 | | Hospital Act. | 2 | | "Remote location" means a location removed from | 3 | | populations especially vulnerable to the emission of ethylene | 4 | | oxide. "Remote location" only includes a location meeting the | 5 | | requirements of the following paragraphs (1) and (2). A "remote | 6 | | location" is: | 7 | | (1) at the center of a 5 mile radius within which there | 8 | | is a population density of 100 people or fewer per square | 9 | | mile; and | 10 | | (2) at least 5 miles from the nearest registered day | 11 | | care or school serving students in grades preschool through | 12 | | 12 and in existence before October 1, 2019. | 13 | | (b) Ethylene oxide sterilization sources are subject to the | 14 | | following requirements in this subsection: | 15 | | (1) Beginning 730 days after the effective date of this | 16 | | amendatory Act of the 101st General Assembly, no ethylene | 17 | | oxide sterilization source in a densely populated location | 18 | | shall conduct ethylene oxide sterilization operations that | 19 | | result in the emission of ethylene oxide or propylene | 20 | | oxide. | 21 | | (2) Beginning 730 days after the effective date of this | 22 | | amendatory Act of the 101st General Assembly, no ethylene | 23 | | oxide sterilization source in a remote location shall emit | 24 | | more than 50 pounds of ethylene oxide or 50 pounds of | 25 | | propylene oxide annually. The Agency shall set annual | 26 | | emissions limitations on ethylene oxide emissions that are |
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| 1 | | equal to or lesser than the limits established under this | 2 | | Section for all ethylene oxide sterilization sources. The | 3 | | limitations shall provide maximum protection for public | 4 | | health without consideration of financial cost. | 5 | | (3) Within 90 days after the effective date of this | 6 | | amendatory Act of the 101st General Assembly, each ethylene | 7 | | oxide sterilization source shall submit a letter to the | 8 | | Agency stating whether they intend to modify or phase out | 9 | | the emissions of ethylene oxide consistent with their | 10 | | obligations established under this Section. Upon receipt | 11 | | by the Agency, the Agency shall make the letter publicly | 12 | | available on the Agency's website. | 13 | | (4) No ethylene oxide sterilization source shall | 14 | | conduct ethylene oxide sterilization operations or other | 15 | | activities that cause ethylene oxide or propylene oxide | 16 | | emissions unless the owner or operator of the ethylene | 17 | | oxide sterilization source submits for review and approval | 18 | | by the Agency a plan describing how the owner or operator | 19 | | will continuously collect emissions information. The plan | 20 | | must also specify locations at the source from which | 21 | | emissions will be collected and identify equipment used for | 22 | | their collection and analysis, including the equipment's | 23 | | individual system components. Emissions monitoring | 24 | | equipment must be tested and validated at least once in any | 25 | | 12-month period and the results forwarded to the Agency. | 26 | | (5) In issuing the applicable permits to ethylene oxide |
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| 1 | | sterilization sources, the Agency shall include | 2 | | limitations, informed by each ethylene oxide sterilization | 3 | | source's risk management plan, on the amount of ethylene | 4 | | oxide that may be stored on-site to protect public health, | 5 | | public safety, and the environment. Prior to issuing the | 6 | | applicable permits, the Agency shall require the | 7 | | submission of documentation demonstrating that the permit | 8 | | applicant is in compliance, and will maintain compliance, | 9 | | with local, State, and federal law governing the storage of | 10 | | ethylene oxide. All permits issued by the Agency shall | 11 | | grant the Agency the authority to modify the permit to | 12 | | change limitations on the amount of ethylene oxide that can | 13 | | be stored on-site at any time and to modify storage | 14 | | practices or equipment requirements. All permits issued by | 15 | | the Agency shall grant the Agency the right to conduct | 16 | | unannounced inspections. The Agency shall conduct at least | 17 | | one unannounced inspection annually of the ethylene oxide | 18 | | storage system for each permit holder. | 19 | | (6) Ethylene oxide sterilization sources shall be | 20 | | required to submit or resubmit a risk management plan to | 21 | | the Agency within 90 days of the effective date of this | 22 | | amendatory Act of the 101st General Assembly, on or before | 23 | | December 31, 2020, and on or before December 31 of every | 24 | | fifth year thereafter. | 25 | | (c) Hospitals are subject to the following requirements in | 26 | | this subsection: |
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| 1 | | (1) On and after January 1, 2023, any hospital | 2 | | designated as a critical access hospital by the Centers for | 3 | | Medicare and Medicaid Services under the federal Balanced | 4 | | Budget Act of 1997 shall not conduct ethylene oxide | 5 | | sterilization operations. | 6 | | (2) On and after January 1, 2022, any hospital not | 7 | | designated as a critical access hospital by the Centers for | 8 | | Medicare and Medicaid Services shall not conduct ethylene | 9 | | oxide sterilization operations. | 10 | | (3) Within 90 days after the effective date of this | 11 | | amendatory Act of the 101st General Assembly, any hospital | 12 | | conducting ethylene oxide sterilization operations shall | 13 | | submit a letter to the Agency committing the hospital to | 14 | | phase out the emissions of ethylene oxide by applicable | 15 | | deadlines established under this Section. | 16 | | (d) Ethylene oxide emissions sources that are located in | 17 | | (i) counties with a population of at least 700,000, based on | 18 | | 2010 census data, or (ii) not in existence prior to January 1, | 19 | | 2020 are subject to the following requirements in this | 20 | | subsection: | 21 | | (1) Beginning 30 days after the effective date of this | 22 | | amendatory Act of the 101st General Assembly, no ethylene | 23 | | oxide emissions source in a densely populated location | 24 | | shall conduct operations or other activities that emit | 25 | | ethylene oxide in excess of 110 pounds annually. | 26 | | (2) Beginning 730 days after the effective date of this |
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| 1 | | amendatory Act of the 101st General Assembly, no ethylene | 2 | | oxide emissions source in a densely populated location | 3 | | shall conduct operations or other activities that emit | 4 | | ethylene oxide in excess of 50 pounds annually. | 5 | | (3) Beginning 180 days after the effective date of this | 6 | | amendatory Act of the 101st General Assembly, no ethylene | 7 | | oxide emissions source shall conduct activities that cause | 8 | | ethylene oxide emissions unless the owner or operator | 9 | | conducts air monitoring around the facility to measure | 10 | | ethylene oxide levels on a quarterly basis and submits the | 11 | | results to the Agency. Air monitoring shall be conducted by | 12 | | a third party approved by the Agency. | 13 | | (4) Beginning 90 days after the effective date of this | 14 | | amendatory Act of the 101st General Assembly, no ethylene | 15 | | oxide emissions source shall conduct activities that cause | 16 | | ethylene oxide emissions unless the owner or operator | 17 | | submits for review and approval by the Agency a plan | 18 | | describing how the ethylene oxide emissions source will | 19 | | continuously collect emissions information. Each ethylene | 20 | | oxide emissions source must specify in its plan all | 21 | | locations at which ethylene oxide may enter the atmosphere | 22 | | at each emissions source and shall install proper | 23 | | monitoring equipment. The equipment for monitoring and | 24 | | collecting emissions must be installed and the owner or | 25 | | operator of the ethylene oxide emissions source must begin | 26 | | reporting the results to the Agency within 120 days of the |
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| 1 | | effective date of this amendatory Act of the 101st General | 2 | | Assembly. The plan must also specify locations at the | 3 | | source from which emissions will be collected and identify | 4 | | equipment used for collection and analysis, including the | 5 | | equipment's individual system components. The emissions | 6 | | monitoring equipment must be tested and validated at least | 7 | | once in any 12-month period and the results forwarded to | 8 | | the Agency. | 9 | | (A) The owner or operator of an ethylene oxide | 10 | | emissions source must provide a notice of acceptance of | 11 | | any conditions added by the Agency to the plan, or | 12 | | correct any deficiencies identified by the Agency in | 13 | | the plan, within 10 business days after receiving the | 14 | | Agency's conditional acceptance or denial of the plan. | 15 | | (B) Upon the Agency's approval of the plan, the | 16 | | owner or operator of the ethylene oxide emissions | 17 | | source shall implement the plan in accordance with its | 18 | | approved terms. | 19 | | (5) Each ethylene oxide emissions source shall report | 20 | | to the Agency the amount of ethylene oxide used and the | 21 | | ethylene oxide emissions created at the ethylene oxide | 22 | | emissions source annually. All reports submitted to the | 23 | | Agency shall include documentation necessary to verify the | 24 | | quantity used and purchased by the ethylene oxide emissions | 25 | | source. | 26 | | (6) In issuing the applicable permits to ethylene oxide |
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| 1 | | emissions sources, the Agency shall include limitations, | 2 | | informed by each ethylene oxide emissions source's risk | 3 | | management plan, on the amount of ethylene oxide that may | 4 | | be stored on-site to protect public health, public safety, | 5 | | and the environment. The unit of local government in which | 6 | | the ethylene oxide emissions source is located may regulate | 7 | | the storage of ethylene oxide in a manner that is more | 8 | | restrictive or matches the standards established by the | 9 | | Agency. Prior to issuing the applicable permits, the Agency | 10 | | shall require the submission of documentation | 11 | | demonstrating that the permit applicant is in compliance, | 12 | | and will maintain compliance, with local, State, and | 13 | | federal law governing the storage of ethylene oxide. All | 14 | | permits issued by the Agency shall grant the Agency the | 15 | | authority to modify the permit to change limitations on the | 16 | | amount of ethylene oxide that can be stored on-site at any | 17 | | time and to modify storage practices or equipment | 18 | | requirements. All permits issued by the Agency shall grant | 19 | | the Agency the right to conduct unannounced inspections. | 20 | | The Agency shall conduct at least one unannounced | 21 | | inspection annually of the ethylene oxide storage system | 22 | | for each permit holder. | 23 | | (7) The Agency shall set annual emissions limitations | 24 | | on ethylene oxide emissions that are equal to or lesser | 25 | | than the maximums established under this Section for all | 26 | | ethylene oxide emissions sources. The limitations shall be |
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| 1 | | set to provide maximum protection for public health without | 2 | | consideration of financial cost. No ethylene oxide | 3 | | emissions source shall conduct operations or other | 4 | | activities that emit ethylene oxide in excess of 150 pounds | 5 | | annually. | 6 | | (8) In establishing the annual emissions limitation on | 7 | | ethylene oxide emissions sources in remote locations, the | 8 | | Agency shall consider the health and safety of children in | 9 | | rural schools. On and after January 1, 2021, no ethylene | 10 | | oxide emissions source in a remote location shall conduct | 11 | | operations or other activities that emit ethylene oxide in | 12 | | excess of 50 pounds annually if the emissions source is | 13 | | within 5 miles of the nearest registered day care or school | 14 | | serving students in grades preschool through 12 and in | 15 | | existence before October 1, 2019. | 16 | | (9) Ethylene oxide emissions sources shall be required | 17 | | to submit or resubmit a risk management plan to the Agency | 18 | | within 90 days of the effective date of this amendatory Act | 19 | | of the 101st General Assembly, on or before December 31, | 20 | | 2020, and on or before December 31 of every fifth year | 21 | | thereafter. | 22 | | (e) Beginning 730 days after the effective date of this | 23 | | amendatory Act of the 101st General Assembly, the maximum | 24 | | cumulative emissions in a densely populated location from any | 25 | | sum of ethylene oxide sterilization sources located within 3 | 26 | | and one-half miles of each other shall not exceed 55 pounds |
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| 1 | | annually, inclusive of any emissions not emanating from any | 2 | | stack. The Agency shall set emissions limitations for | 3 | | individual ethylene oxide emissions sources to comply with this | 4 | | requirement. If multiple applicants request to emit ethylene | 5 | | oxide in a collective sum that is greater than the annual | 6 | | collective maximum regional emissions established under this | 7 | | subsection, the Agency shall prioritize applicants seeking to | 8 | | provide medical services, such as hospitals and ethylene oxide | 9 | | sterilization sources that sterilize medical products. | 10 | | (f) The Agency shall conduct a comprehensive review of | 11 | | ethylene oxide use and emissions within the State of Illinois. | 12 | | The Agency shall submit its findings in a report to the General | 13 | | Assembly and make the report publicly available on the Agency's | 14 | | website on or before June 30, 2021. At a minimum, the report | 15 | | shall include the following: | 16 | | (1) A comprehensive assessment of where ethylene oxide | 17 | | is used at levels that may cause measurable emissions. | 18 | | (2) The Agency's recommendations for future | 19 | | administrative actions, regulations, or legislation | 20 | | pertaining to ethylene oxide, designed to provide maximum | 21 | | protection to public health. | 22 | | (3) The Agency's assessment of the risk to human health | 23 | | and environmental damage that can be caused by exposure to | 24 | | ethylene oxide. | 25 | | Section 97. Severability. The provisions of this Act are |
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| 1 | | severable under Section 1.31 of the Statute on Statutes.".
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