Bill Text: IL SB1854 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Environmental Protection Act. Provides that beginning on the effective date of the amendatory Act no facility shall have fugitive emissions of ethylene oxide above zero. Provides that each facility shall be subject to regular and frequent inspections and testing to ensure that no fugitive emissions of ethylene oxide exist. Provides that inspections shall be unannounced and conducted by a third party chosen by the municipality in which the facility operates. Provides that each facility shall be subject to fence line ambient air testing, at random, once within every 90 to 120 days for a duration of 24-hour samples of no less than 6 consecutive days. Provides that the testing shall be conducted by a third party chosen by the municipality in which the facility operates. Defines "fugitive emissions". Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 20-2)

Status: (Passed) 2019-06-21 - Public Act . . . . . . . . . 101-0023 [SB1854 Detail]

Download: Illinois-2019-SB1854-Chaptered.html



Public Act 101-0023
SB1854 EnrolledLRB101 09540 CPF 54638 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
adding Section 9.16 as follows:
(415 ILCS 5/9.16 new)
Sec. 9.16. Nonnegligible ethylene oxide emissions sources.
(a) In this Section, "nonnegligible ethylene oxide
emissions source" means an ethylene oxide emissions source
permitted by the Agency that currently emits more than 150
pounds of ethylene oxide as reported on the source's 2017 Toxic
Release Inventory and is located in a county with a population
of at least 700,000 based on 2010 census data. "Nonnegligible
ethylene oxide emissions source" does not include facilities
that are ethylene oxide sterilization sources or hospitals that
are licensed under the Hospital Licensing Act or operated under
the University of Illinois Hospital Act.
(b) Beginning 180 days after the effective date of this
amendatory Act of the 101st General Assembly, no nonnegligible
ethylene oxide emissions source shall conduct activities that
cause ethylene oxide emissions unless the owner or operator of
the nonnegligible ethylene oxide emissions source submits for
review and approval of the Agency a plan describing how the
owner or operator will continuously collect emissions
information. The plan must specify locations at the
nonnegligible ethylene oxide emissions source from which
emissions will be collected and identify equipment used for
collection and analysis, including the individual system
components.
(1) The owner or operator of the nonnegligible ethylene
oxide emissions source must provide a notice of acceptance
of any conditions added by the Agency to the plan or
correct any deficiencies identified by the Agency in the
plan within 3 business days after receiving the Agency's
conditional acceptance or denial of the plan.
(2) Upon the Agency's approval of the plan the owner or
operator of the nonnegligible ethylene oxide emissions
source shall implement the plan in accordance with its
approved terms.
(c) Beginning 180 days after the effective date of this
amendatory Act of the 101st General Assembly, no nonnegligible
ethylene oxide emissions source shall conduct activities that
cause ethylene oxide emissions unless the owner or operator of
the nonnegligible ethylene oxide emissions source has
performed dispersion modeling and the Agency approves the
dispersion modeling.
(1) Dispersion modeling must:
(A) be conducted using accepted United States
Environmental Protection Agency methodologies,
including Appendix W to 40 CFR 51, except that no
background ambient levels of ethylene oxide shall be
used;
(B) use emissions and stack parameter data from any
emissions test conducted and 5 years of hourly
meteorological data that is representative of the
nonnegligible ethylene oxide emissions source's
location; and
(C) use a receptor grid that extends to at least
one kilometer around the nonnegligible ethylene oxide
emissions source and ensures the modeling domain
includes the area of maximum impact, with receptor
spacing no greater than every 50 meters starting from
the building walls of the nonnegligible ethylene oxide
emissions source extending out to a distance of at
least 1/2 kilometer, then every 100 meters extending
out to a distance of at least one kilometer.
(2) The owner or operator of the nonnegligible ethylene
oxide emissions source shall submit revised results of all
modeling if the Agency accepts with conditions or declines
to accept the results submitted.
(d) Beginning 180 days after the effective date of this
amendatory Act of the 101st General Assembly, no nonnegligible
ethylene oxide emissions source shall conduct activities that
cause ethylene oxide emissions unless the owner or operator of
the nonnegligible ethylene oxide emissions source obtains a
permit consistent with the requirements in this Section from
the Agency to conduct activities that may result in the
emission of ethylene oxide.
(e) The Agency in issuing the applicable permits to a
nonnegligible ethylene oxide emissions source shall:
(1) impose a site-specific annual cap on ethylene oxide
emissions set to protect the public health; and
(2) include permit conditions granting the Agency the
authority to reopen the permit if the Agency determines
that the emissions of ethylene oxide from the permitted
nonnegligible ethylene oxide emissions source pose a risk
to the public health as defined by the Agency.
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