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90_SB0347eng
430 ILCS 45/10 from Ch. 111 1/2, par. 960
Amends the Illinois Chemical Safety Act to make a
technical change.
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1 AN ACT to amend the Illinois Chemical Safety Act by
2 changing Section 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Chemical Safety Act is amended by
6 changing Section 4 as follows:
7 (430 ILCS 45/4) (from Ch. 111 1/2, par. 954)
8 Sec. 4. Chemical Safety Contingency Plans.
9 (a) After July 1, 1986, no business shall operate a
10 facility without a written Chemical Safety Contingency Plan
11 unless exempted from this requirement under subsection (f) or
12 (h) or otherwise included under the requirements of
13 subsection (g) of this Section. At least one copy of the
14 current plan shall be maintained at the facility at all
15 times. The plan shall be reviewed by the business no less
16 than annually, and changes from the previous year's plan
17 shall be clearly identified, if such changes are necessary.
18 (b) The Chemical Safety Contingency Plan shall, at a
19 minimum, include the following:
20 (1) A listing of the chemical substances that may
21 be released at the facility, including both the chemical
22 names and corresponding trade names, if any, and a brief
23 description of the manner in which the substances are
24 stored and used. This listing is not intended to include
25 substances that are reasonably expected to be innocuous
26 under the circumstances of their use or any release. In
27 the case of mixtures of substances, the business may rely
28 upon labeling in determining the need for listing.
29 (2) Information on the probable nature and routes
30 of any releases of these substances, and the possible
31 causes of any of the releases.
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1 (3) The response procedures to be followed at the
2 facility and for notifying local emergency response
3 agencies, including but not limited to on-site alarm
4 systems, on-site evacuation plans, and arrangements made
5 under Section 5 to coordinate emergency services with
6 local police departments, fire departments, hospitals,
7 and other local emergency response agencies.
8 (4) A list of names, addresses, and phone numbers
9 (office and home) of appropriate persons qualified to act
10 as the facility's emergency coordinator and alternate
11 coordinator; if more than 2 persons are listed, the
12 persons must be listed in the order in which they will
13 assume responsibility as alternates.
14 (5) A list of emergency equipment at the facility,
15 such as fire extinguishing systems and decontamination
16 equipment, including the location and description of each
17 item of equipment.
18 (c) No later than July 1, 1986, and whenever the plan is
19 changed, one copy of the current Chemical Safety Contingency
20 Plan for each facility shall be provided by each business to
21 the appropriate local fire, police or other emergency
22 response agency as determined by the local response plan or
23 by agreement. After submission, the plan shall be made
24 available for inspection by the public during normal
25 operating hours. The IEMA may by rule under Section 5 of
26 this Act require the business to provide copies of the
27 Chemical Safety Contingency Plan to additional entities.
28 (d) For each facility, a business shall notify IEMA of
29 compliance with subsection (c) no later than July 15, 1986,
30 and whenever the plan is changed.
31 (e) On an annual basis, the appropriate local response
32 agency may notify a business in writing that a chemical
33 substance, that is not listed in the plan but is present at
34 the facility, must be included within 60 days. In issuing
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1 the notice, the local response agency shall consider the
2 quantity, phase (gas, liquid or solid) and relative toxicity
3 of the chemical substance, and the potential for a release to
4 result in acute impacts on human health or the environment.
5 The requirement shall be binding upon the business unless,
6 within 15 days of receipt of the notification, the business
7 submits to the IEMA a written request for reconsideration,
8 including the reasons therefor. In consultation with the
9 Agency, the IEMA shall, within 30 days of the receipt of the
10 request, notify the business and the local response agency in
11 writing regarding the final determination. This final
12 determination shall take effect following the 35th day after
13 receipt by the business of notice of the determination,
14 unless prior to such date the business or the local response
15 agency files a petition for review of the decision under the
16 Administrative Review Law.
17 (f) The IEMA may issue an exemption to a business from
18 the requirements of subsection (a) for any facility that
19 uses, stores, or manufactures any chemical substance in an
20 innocuous amount that is not likely to result in a release
21 that threatens the environment or the public health. An
22 exemption shall be issued only on the basis of an on-site
23 inspection of the facility conducted by the Agency and
24 certified to the IEMA after providing 60 days notice to the
25 appropriate local emergency planning committee. If an
26 objection to the exemption is filed by the local emergency
27 planning committee, the IEMA may not further act until the
28 objection is resolved. Exemptions shall be valid for not
29 more than 2 years, but may be renewed upon written request.
30 The IEMA may cancel any exemption at any time by sending
31 written notice to the business that operates the facility.
32 If action is taken to cancel an exemption, the business shall
33 comply with subsection (a) within 90 days.
34 A business that has been granted an exemption for a
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1 facility shall notify the IEMA within 30 days after using,
2 storing, or manufacturing any chemical substance in greater
3 than innocuous amounts.
4 (g) No business, that has been notified in writing by
5 the IEMA of the applicability of this Act under the last
6 paragraph of the definition of "business" in Section 3, shall
7 operate a facility after 90 days after the receipt of the
8 notification without a written Chemical Safety Contingency
9 Plan. The plan shall, at a minimum, include the following:
10 (1) A listing of those extremely hazardous
11 substances, that are present in an amount in excess of
12 the threshold planning quantity, as defined by the
13 Federal Emergency Planning and Community Right-to-Know
14 Act of 1986, unless the business is a chemical and allied
15 products terminal (SIC 5169) or a petroleum and petroleum
16 products wholesaler/terminal (SIC 5172). For these types
17 of terminal facilities, the listing shall include those
18 chemical substances as required under paragraph (1) of
19 subsection (b), except that the substances that are
20 present at a facility for not more than 14 consecutive
21 days may be listed categorically by USDOT Hazard Class.
22 (2) The information, procedures, and listings as
23 required under paragraphs (2), (3), (4), and (5) of
24 subsection (b).
25 At least one copy of the current plan shall be maintained
26 at each facility at all times, and the plan shall be reviewed
27 by each business no less often than annually. Upon initial
28 preparation, and whenever the plan is changed, one copy of
29 the current plan shall be provided by each business to the
30 appropriate local fire, police, or other emergency response
31 agency. For each facility, a business shall notify IEMA of
32 compliance with this subsection no later than 15 days after
33 the initial 90 day period, and whenever the plan is changed.
34 (h) A facility that the Agency determines has prepared a
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1 written plan that incorporates the requirements of subsection
2 (b) and that is consistent with the "One Plan" approach in
3 the Agency's National Response Team's Integrated Contingency
4 Plan Guidance is otherwise exempt from the requirements of
5 this Section.
6 (Source: P.A. 87-168.)