SB1854sam001 101ST GENERAL ASSEMBLY

Sen. John F. Curran

Filed: 4/5/2019

10100SB1854sam001 LRB101 09540 CPF 59228 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. Fugitive emissions of ethylene oxide ban.

(a) Beginning 6 months after the effective date of this amendatory Act of the 101st General Assembly, no facility shall produce fugitive emissions of ethylene oxide. In order to prevent fugitive emissions, facilities must have negative pressure systems that do not allow the escape of fugitive emissions in the following areas: sterilization chambers, aeration or off-gassing rooms, or warehouse areas where the post-sterilization product is stored.

(b) Each facility shall be subject to quarterly inspections to ensure that no sources of fugitive emissions of ethylene oxide exist. Inspections shall be unannounced and conducted by the Agency or, at the Agency's discretion, a qualified third party chosen by the Agency.

(c) Each facility shall be subject to emissions testing on all emission points at least once each calendar year, starting in calendar year 2019, to demonstrate compliance with the requirements of this Section and all applicable Illinois Pollution Control Board and United States Environmental Protection Agency control requirements regarding ethylene oxide. Emissions tests must take place at least 6 months apart from one another and shall be paid for by the facility.

(d) Each facility shall be subject to fence line ambient air testing, at random, quarterly, and for a duration of 24-hour samples of no less than 6 consecutive days. Testing shall be conducted by a third party chosen by the Agency and in consultation with the municipality in which the facility operates and shall be paid for by the facility.

(e) If, at any time, a facility emits ethylene oxide at a level higher than the standards set forth by Section 112 of the federal Clean Air Act or the Agency, then the facility shall immediately cease operations until sufficient changes are made to reduce the level of the emissions below both federal and State standards.

(f) The Agency shall conduct a study of ambient levels of ethylene oxide throughout the State. Air samples shall be taken from a variety of urban, suburban, and rural sample sites to gauge baseline levels of ethylene oxide. One hundred sixty-eight one-hour samples shall be taken at each test site for a period of at least 7 days.

(g) Fence line testing under subsection (d) shall begin no sooner than the conclusion of the Agency's ambient air study conducted under subsection (f) and after the Agency sets acceptable naturally occurring levels of ethylene oxide that the ambient air study may reveal.

(h) The provisions of this Section apply only to an owner or operator of a sterilization source using one ton or more of ethylene oxide in a rolling 12-month period of sterilization or fumigation operations. This Section does not apply to: beehive fumigators; research or laboratory facilities, as defined in Section 112(c)(7) of Title III of the federal Clean Air Act; or sources such as hospitals, doctors' offices, clinics, or other facilities for which the primary purpose is to provide medical services to humans or animals.

(i) For purposes of this Section, "fugitive emissions" means leaks from parts of a facility through which ethylene oxide-laden air is present, or those emissions which could not reasonably pass through a stack, chimney, or vent.

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