SB1854enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
SB1854 EnrolledLRB101 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. 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 emits more than 150
11pounds of ethylene oxide as reported on the source's 2017 Toxic
12Release Inventory and is located in a county with a population
13of at least 700,000 based on 2010 census data. "Nonnegligible
14ethylene oxide emissions source" does not include facilities
15that are ethylene oxide sterilization sources or hospitals that
16are licensed under the Hospital Licensing Act or operated under
17the University of Illinois Hospital Act.
18    (b) Beginning 180 days after the effective date of this
19amendatory Act of the 101st General Assembly, no nonnegligible
20ethylene oxide emissions source shall conduct activities that
21cause ethylene oxide emissions unless the owner or operator of
22the nonnegligible ethylene oxide emissions source submits for
23review and approval of the Agency a plan describing how the

 

 

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

 

 

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1        including Appendix W to 40 CFR 51, except that no
2        background ambient levels of ethylene oxide shall be
3        used;
4            (B) use emissions and stack parameter data from any
5        emissions test conducted and 5 years of hourly
6        meteorological data that is representative of the
7        nonnegligible ethylene oxide emissions source's
8        location; and
9            (C) use a receptor grid that extends to at least
10        one kilometer around the nonnegligible ethylene oxide
11        emissions source and ensures the modeling domain
12        includes the area of maximum impact, with receptor
13        spacing no greater than every 50 meters starting from
14        the building walls of the nonnegligible ethylene oxide
15        emissions source extending out to a distance of at
16        least 1/2 kilometer, then every 100 meters extending
17        out to a distance of at least one kilometer.
18        (2) The owner or operator of the nonnegligible ethylene
19    oxide emissions source shall submit revised results of all
20    modeling if the Agency accepts with conditions or declines
21    to accept the results submitted.
22    (d) Beginning 180 days after the effective date of this
23amendatory Act of the 101st General Assembly, no nonnegligible
24ethylene oxide emissions source shall conduct activities that
25cause ethylene oxide emissions unless the owner or operator of
26the nonnegligible ethylene oxide emissions source obtains a

 

 

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1permit consistent with the requirements in this Section from
2the Agency to conduct activities that may result in the
3emission of ethylene oxide.
4    (e) The Agency in issuing the applicable permits to a
5nonnegligible ethylene oxide emissions source shall:
6        (1) impose a site-specific annual cap on ethylene oxide
7    emissions set to protect the public health; and
8        (2) include permit conditions granting the Agency the
9    authority to reopen the permit if the Agency determines
10    that the emissions of ethylene oxide from the permitted
11    nonnegligible ethylene oxide emissions source pose a risk
12    to the public health as defined by the Agency.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.