SB1854ham001 101ST GENERAL ASSEMBLY

Rep. Joyce Mason

Filed: 5/26/2019

10100SB1854ham001 LRB101 09540 CPF 61218 a

AMENDMENT TO SENATE BILL 1854

AMENDMENT NO. ______. Amend Senate Bill 1854 by replacing everything after the enacting clause with the following:

"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, or at any point in the previous 5 years, emits or has the potential to emit more than 150 pounds of ethylene oxide annually, 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 submits for review and approval by the Agency an Ambient Air Monitoring Plan.

(1) The Ambient Air Monitoring Plan shall include, at a minimum, the following:

(A) Detailed plans to collect and analyze air samples for ethylene oxide on at least a quarterly basis near the property boundaries of the nonnegligible ethylene oxide emissions source and at community locations with the highest modeled impact according to the dispersion modeling conducted under subsection (d).

(B) A schedule for implementation of the plans under subparagraph (A).

(C) The name of the independent third party company that will perform sampling and analysis and the company's experience with similar testing.

(2) 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 Ambient Air Monitoring Plan or correct any deficiencies identified by the Agency in the Ambient Air Monitoring Plan within 15 business days after receiving any conditional acceptance or denial of the Ambient Air Monitoring Plan from the Agency.

(3) Upon the Agency's approval of the Ambient Air Monitoring Plan, the owner or operator of the nonnegligible ethylene oxide emissions source shall implement the Ambient Air Monitoring Plan in accordance with its approved terms.

(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 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.

(e) 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.

(f) 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.".

Section 99. Effective date. This Act takes effect upon becoming law.".