SB1854ham003 101ST GENERAL ASSEMBLY

Rep. Joyce Mason

Filed: 5/28/2019

 

 


 

 


 
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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 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

 

 

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

 

 

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1cause ethylene oxide emissions unless the owner or operator of
2the nonnegligible ethylene oxide emissions source has
3performed dispersion modeling and the Agency approves the
4dispersion modeling.
5        (1) Dispersion modeling must:
6            (A) be conducted using accepted United States
7        Environmental Protection Agency methodologies,
8        including Appendix W to 40 CFR 51, except that no
9        background ambient levels of ethylene oxide shall be
10        used;
11            (B) use emissions and stack parameter data from any
12        emissions test conducted and 5 years of hourly
13        meteorological data that is representative of the
14        nonnegligible ethylene oxide emissions source's
15        location; and
16            (C) use a receptor grid that extends to at least
17        one kilometer around the nonnegligible ethylene oxide
18        emissions source and ensures the modeling domain
19        includes the area of maximum impact, with receptor
20        spacing no greater than every 50 meters starting from
21        the building walls of the nonnegligible ethylene oxide
22        emissions source extending out to a distance of at
23        least 1/2 kilometer, then every 100 meters extending
24        out to a distance of at least one kilometer.
25        (2) The owner or operator of the nonnegligible ethylene
26    oxide emissions 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    (d) 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 obtains a
8permit consistent with the requirements in this Section from
9the Agency to conduct activities that may result in the
10emission of ethylene oxide.
11    (e) The Agency in issuing the applicable permits to a
12nonnegligible ethylene oxide emissions source shall:
13        (1) impose a site-specific annual cap on ethylene oxide
14    emissions set to protect the public health; and
15        (2) include permit conditions granting the Agency the
16    authority to reopen the permit if the Agency determines
17    that the emissions of ethylene oxide from the permitted
18    nonnegligible ethylene oxide emissions source pose a risk
19    to the public health as defined by the Agency.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".