Environmental Health Committee
Adopted in House Comm. on Mar 09, 2005
 
 

 




 

 		












09400HB2572ham001

LRB094 11168 DRJ 43199 a






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AMENDMENT TO HOUSE BILL 2572




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    AMENDMENT NO. ______. Amend House Bill 2572 on page 2, 
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after line 15, by inserting the following:
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    "(c) Subsections (a) and (b) of this Section do not apply 
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to the following:
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        (1) The sale by a business, charity, or private party 
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    of any used product containing PBDE.
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        (2) The manufacture, processing, or distribution in 
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    commerce of any new product or product component containing 
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    recycled or used materials with decaBDE.  Products 
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    containing any new PBDEs do not qualify for an exemption 
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    under this paragraph (2)."; and

 
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on page 2, after line 19, by inserting the following:
 
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    "Section 25. Exemption for specific use of decaBDE. A 
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manufacturer or user of decaBDE may apply for an exemption for 
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a specific use of decaBDE by filing a written petition with the 
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Illinois Environmental Protection Agency.  An exemption may be 
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granted for a term not to exceed 3 years and may be renewed for 
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one additional 3-year term upon written application if the 
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Illinois Environmental Protection Agency finds that the 
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specific use of decaBDE continues to meet the criteria set 
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forth in paragraphs (1) and (2) of this Section and the 
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manufacturer or other persons continue to comply with the 
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conditions of its original approval.  The Illinois 
 


 






09400HB2572ham001
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LRB094 11168 DRJ 43199 a




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Environmental Protection Agency may grant an exemption for a 
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specified use of decaBDE with or without conditions upon a 
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finding that the petitioner has demonstrated that:


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        (1) a technically feasible alternative to the use of 
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    decaBDE is not available at reasonable cost; or


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        (2) the potential harm to public health and the 
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    environment directly posed by a technically feasible and 
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    available alternative is greater than the potential harm 
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    posed by decaBDE.

 
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    Section 30. Transportation of products containing PBDEs. 
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Nothing in this Act restricts a manufacturer, importer, or 
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distributor from transporting products containing PBDEs 
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through this State or storing PBDEs in this State for further 
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distribution.".