Illinois General Assembly - Full Text of SB1854
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Full Text of SB1854  101st General Assembly


Sen. John F. Curran

Filed: 4/5/2019





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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. Fugitive emissions of ethylene oxide ban.
8    (a) Beginning 6 months after the effective date of this
9amendatory Act of the 101st General Assembly, no facility shall
10produce fugitive emissions of ethylene oxide. In order to
11prevent fugitive emissions, facilities must have negative
12pressure systems that do not allow the escape of fugitive
13emissions in the following areas: sterilization chambers,
14aeration or off-gassing rooms, or warehouse areas where the
15post-sterilization product is stored.
16    (b) Each facility shall be subject to quarterly inspections



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1to ensure that no sources of fugitive emissions of ethylene
2oxide exist. Inspections shall be unannounced and conducted by
3the Agency or, at the Agency's discretion, a qualified third
4party chosen by the Agency.
5    (c) Each facility shall be subject to emissions testing on
6all emission points at least once each calendar year, starting
7in calendar year 2019, to demonstrate compliance with the
8requirements of this Section and all applicable Illinois
9Pollution Control Board and United States Environmental
10Protection Agency control requirements regarding ethylene
11oxide. Emissions tests must take place at least 6 months apart
12from one another and shall be paid for by the facility.
13    (d) Each facility shall be subject to fence line ambient
14air testing, at random, quarterly, and for a duration of
1524-hour samples of no less than 6 consecutive days. Testing
16shall be conducted by a third party chosen by the Agency and in
17consultation with the municipality in which the facility
18operates and shall be paid for by the facility.
19    (e) If, at any time, a facility emits ethylene oxide at a
20level higher than the standards set forth by Section 112 of the
21federal Clean Air Act or the Agency, then the facility shall
22immediately cease operations until sufficient changes are made
23to reduce the level of the emissions below both federal and
24State standards.
25    (f) The Agency shall conduct a study of ambient levels of
26ethylene oxide throughout the State. Air samples shall be taken



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1from a variety of urban, suburban, and rural sample sites to
2gauge baseline levels of ethylene oxide. One hundred
3sixty-eight one-hour samples shall be taken at each test site
4for a period of at least 7 days.
5    (g) Fence line testing under subsection (d) shall begin no
6sooner than the conclusion of the Agency's ambient air study
7conducted under subsection (f) and after the Agency sets
8acceptable naturally occurring levels of ethylene oxide that
9the ambient air study may reveal.
10    (h) The provisions of this Section apply only to an owner
11or operator of a sterilization source using one ton or more of
12ethylene oxide in a rolling 12-month period of sterilization or
13fumigation operations. This Section does not apply to: beehive
14fumigators; research or laboratory facilities, as defined in
15Section 112(c)(7) of Title III of the federal Clean Air Act; or
16sources such as hospitals, doctors' offices, clinics, or other
17facilities for which the primary purpose is to provide medical
18services to humans or animals.
19    (i) For purposes of this Section, "fugitive emissions"
20means leaks from parts of a facility through which ethylene
21oxide-laden air is present, or those emissions which could not
22reasonably pass through a stack, chimney, or vent.
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".