Bill Amendment: IL SB1854 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EPA-FUGITIVE EMISSIONS
Status: 2019-06-21 - Public Act . . . . . . . . . 101-0023 [SB1854 Detail]
Download: Illinois-2019-SB1854-House_Amendment_001.html
Bill Title: EPA-FUGITIVE EMISSIONS
Status: 2019-06-21 - Public Act . . . . . . . . . 101-0023 [SB1854 Detail]
Download: Illinois-2019-SB1854-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1854
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2 | AMENDMENT NO. ______. Amend Senate Bill 1854 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Environmental Protection Act is amended by | ||||||
5 | adding Section 9.16 as follows:
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6 | (415 ILCS 5/9.16 new) | ||||||
7 | Sec. 9.16. Nonnegligible ethylene oxide emissions sources. | ||||||
8 | (a) In this Section, "nonnegligible ethylene oxide | ||||||
9 | emissions source" means an ethylene oxide emissions source | ||||||
10 | permitted by the Agency that currently, or at any point in the | ||||||
11 | previous 5 years, emits or has the potential to emit more than | ||||||
12 | 150 pounds of ethylene oxide annually, and is located in a | ||||||
13 | county with a population of at least 700,000 based on 2010 | ||||||
14 | census data. "Nonnegligible ethylene oxide emissions source" | ||||||
15 | does not include facilities that are ethylene oxide | ||||||
16 | sterilization sources or hospitals that are licensed under the |
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1 | Hospital Licensing Act or operated under the University of | ||||||
2 | Illinois Hospital Act. | ||||||
3 | (b) Beginning 180 days after the effective date of this | ||||||
4 | amendatory Act of the 101st General Assembly, no nonnegligible | ||||||
5 | ethylene oxide emissions source shall conduct activities that | ||||||
6 | cause ethylene oxide emissions unless the owner or operator of | ||||||
7 | the nonnegligible ethylene oxide emissions source submits for | ||||||
8 | review and approval of the Agency a plan describing how the | ||||||
9 | owner or operator will continuously collect emissions | ||||||
10 | information. The plan must specify locations at the | ||||||
11 | nonnegligible ethylene oxide emissions source from which | ||||||
12 | emissions will be collected and identify equipment used for | ||||||
13 | collection and analysis, including the individual system | ||||||
14 | components. | ||||||
15 | (1) The owner or operator of the nonnegligible ethylene | ||||||
16 | oxide emissions source must provide a notice of acceptance | ||||||
17 | of any conditions added by the Agency to the plan or | ||||||
18 | correct any deficiencies identified by the Agency in the | ||||||
19 | plan within 3 business days after receiving the Agency's | ||||||
20 | conditional acceptance or denial of the plan. | ||||||
21 | (2) Upon the Agency's approval of the plan the owner or | ||||||
22 | operator of the nonnegligible ethylene oxide emissions | ||||||
23 | source shall implement the plan in accordance with its | ||||||
24 | approved terms. | ||||||
25 | (c) Beginning 180 days after the effective date of this | ||||||
26 | amendatory Act of the 101st General Assembly, no nonnegligible |
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1 | ethylene oxide emissions source shall conduct activities that | ||||||
2 | cause ethylene oxide emissions unless the owner or operator of | ||||||
3 | the nonnegligible ethylene oxide emissions source submits for | ||||||
4 | review and approval by the Agency an Ambient Air Monitoring | ||||||
5 | Plan. | ||||||
6 | (1) The Ambient Air Monitoring Plan shall include, at a | ||||||
7 | minimum, the following: | ||||||
8 | (A) Detailed plans to collect and analyze air | ||||||
9 | samples for ethylene oxide on at least a quarterly | ||||||
10 | basis near the property boundaries of the | ||||||
11 | nonnegligible ethylene oxide emissions source and at | ||||||
12 | community locations with the highest modeled impact | ||||||
13 | according to the dispersion modeling conducted under | ||||||
14 | subsection (d). | ||||||
15 | (B) A schedule for implementation of the plans | ||||||
16 | under subparagraph (A). | ||||||
17 | (C) The name of the independent third party company | ||||||
18 | that will perform sampling and analysis and the | ||||||
19 | company's experience with similar testing. | ||||||
20 | (2) The owner or operator of the nonnegligible ethylene | ||||||
21 | oxide emissions source must provide a notice of acceptance | ||||||
22 | of any conditions added by the Agency to the Ambient Air | ||||||
23 | Monitoring Plan or correct any deficiencies identified by | ||||||
24 | the Agency in the Ambient Air Monitoring Plan within 15 | ||||||
25 | business days after receiving any conditional acceptance | ||||||
26 | or denial of the Ambient Air Monitoring Plan from the |
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1 | Agency. | ||||||
2 | (3) Upon the Agency's approval of the Ambient Air | ||||||
3 | Monitoring Plan, the owner or operator of the nonnegligible | ||||||
4 | ethylene oxide emissions source shall implement the | ||||||
5 | Ambient Air Monitoring Plan in accordance with its approved | ||||||
6 | terms. | ||||||
7 | (d) Beginning 180 days after the effective date of this | ||||||
8 | amendatory Act of the 101st General Assembly, no nonnegligible | ||||||
9 | ethylene oxide emissions source shall conduct activities that | ||||||
10 | cause ethylene oxide emissions unless the owner or operator of | ||||||
11 | the nonnegligible ethylene oxide emissions source has | ||||||
12 | performed dispersion modeling and the Agency approves the | ||||||
13 | dispersion modeling. | ||||||
14 | (1) Dispersion modeling must: | ||||||
15 | (A) be conducted using accepted United States | ||||||
16 | Environmental Protection Agency methodologies, | ||||||
17 | including Appendix W to 40 CFR 51, except that no | ||||||
18 | background ambient levels of ethylene oxide shall be | ||||||
19 | used; | ||||||
20 | (B) use emissions and stack parameter data from any | ||||||
21 | emissions test conducted and 5 years of hourly | ||||||
22 | meteorological data that is representative of the | ||||||
23 | nonnegligible ethylene oxide emissions source's | ||||||
24 | location; and | ||||||
25 | (C) use a receptor grid that extends to at least | ||||||
26 | one kilometer around the nonnegligible ethylene oxide |
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1 | emissions source and ensures the modeling domain | ||||||
2 | includes the area of maximum impact, with receptor | ||||||
3 | spacing no greater than every 50 meters starting from | ||||||
4 | the building walls of the nonnegligible ethylene oxide | ||||||
5 | emissions source extending out to a distance of at | ||||||
6 | least 1/2 kilometer, then every 100 meters extending | ||||||
7 | out to a distance of at least one kilometer. | ||||||
8 | (2) The owner or operator of the nonnegligible ethylene | ||||||
9 | oxide emissions source shall submit revised results of all | ||||||
10 | modeling if the Agency accepts with conditions or declines | ||||||
11 | to accept the results submitted. | ||||||
12 | (e) Beginning 180 days after the effective date of this | ||||||
13 | amendatory Act of the 101st General Assembly, no nonnegligible | ||||||
14 | ethylene oxide emissions source shall conduct activities that | ||||||
15 | cause ethylene oxide emissions unless the owner or operator of | ||||||
16 | the nonnegligible ethylene oxide emissions source obtains a | ||||||
17 | permit consistent with the requirements in this Section from | ||||||
18 | the Agency to conduct activities that may result in the | ||||||
19 | emission of ethylene oxide. | ||||||
20 | (f) The Agency in issuing the applicable permits to a | ||||||
21 | nonnegligible ethylene oxide emissions source shall: | ||||||
22 | (1) impose a site-specific annual cap on ethylene oxide | ||||||
23 | emissions set to protect the public health; and | ||||||
24 | (2) include permit conditions granting the Agency the | ||||||
25 | authority to reopen the permit if the Agency determines | ||||||
26 | that the emissions of ethylene oxide from the permitted |
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1 | nonnegligible ethylene oxide emissions source pose a risk | ||||||
2 | to the public health as defined by the Agency. ".
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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