HB5521 96TH GENERAL ASSEMBLY

LRB096 18919 DRJ 34307 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5521

Introduced 2/9/2010, by Rep. Greg Harris

SYNOPSIS AS INTRODUCED:

430 ILCS 100/12	from Ch. 111 1/2, par. 7712
430 ILCS 100/17	from Ch. 111 1/2, par. 7717

Amends the Illinois Emergency Planning and Community Right to Know Act. Provides that the State Emergency Response Commission (SERC) shall by rule establish an annual fee for filing an inventory form. Provides that the rules shall establish procedures for collection, management, and disbursement of the fees and may include penalties for late filing of forms. Provides that the rules may provide an exemption for State, county, and municipal entities, special districts, and other public bodies or political subdivisions the Illinois Emergency Management Agency deems appropriate. Provides that fees collected by the SERC under this provision shall be deposited into the Emergency Planning and Training Fund and shall be used by the SERC, pursuant to appropriation, for its activities arising under the Act and under certain federal statutes, including providing financial support for local emergency planning committees and for training initiatives authorized by the SERC. Provides that all such fees shall be nonrefundable. Eliminates provisions concerning tier I inventory forms, and makes changes concerning tier II inventory forms. Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Emergency Planning and Community Right to Know Act is amended by changing Sections 12 and 17 as follows:

(430 ILCS 100/12) (from Ch. 111 1/2, par. 7712)

Sec. 12. Inventory forms. (a) The owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act shall, in accordance with the threshold levels for reporting as established by regulations promulgated under the Federal Act, prepare and submit an emergency and hazardous chemical inventory form (hereafter in this Act referred to as an "inventory form") to each of the following:

(1) the appropriate local emergency planning committee;

(2) the State Emergency Response Commission; and

(3) the fire department with jurisdiction over the facility.

The inventory form shall be submitted annually on or before March 1, and shall contain tier II I data with respect to the preceding calendar year.

(a-5) The SERC shall by rule establish an annual fee for filing an inventory form. The rules shall establish procedures for collection, management, and disbursement of the fees and may include penalties for late filing of forms. The rules may provide an exemption for State, county, and municipal entities, special districts, and other public bodies or political subdivisions the Agency deems appropriate. Fees collected by the SERC under this subsection shall be deposited into the Emergency Planning and Training Fund and shall be used by the SERC, pursuant to appropriation, for its activities arising under this Act and the Federal Act, including providing financial support for local emergency planning committees and for training initiatives authorized by the SERC. All fees collected under this subsection shall be nonrefundable.

(b) (Blank). The requirement of subsection (a) does not apply if an owner or operator provides, to the recipients described in subsection (a), by the same deadline and with respect to the same calendar year, an inventory form containing tier II information.

(c) An owner or operator may meet the requirements of this Section with respect to a hazardous chemical which is a mixture by doing one of the following:

(1) Providing information on the inventory form on each element or compound in the mixture which is a hazardous chemical. If more than one mixture has the same element or compound, only one listing on the inventory form for the element or compound at the facility is necessary.

(2) Providing information on the inventory form on the mixture itself.

(d) A hazardous chemical shall be subject to the requirements of this Section only if it is a hazardous chemical for which a material safety data sheet or a listing is required under Section 311 of the Federal Act.

(e) (Blank). A tier I inventory form shall provide the following information in aggregate terms for hazardous chemicals in categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act:

(1) an estimate (in ranges) of the maximum amount of hazardous chemicals in each category present at the facility at any time during the preceding calendar year;

(2) an estimate (in ranges) of the maximum amount of hazardous chemicals in each category present at the facility at any time during the preceding calendar year; and

(3) the general location of hazardous chemicals in each category.

(f) A tier II inventory form shall provide the following additional information for each hazardous chemical present at the facility, but only upon request and in accordance with subsection (g):

(1) the chemical name or the common name of the chemical as provided on the material safety data sheet;

(2) an estimate (in ranges) of the maximum amount of the hazardous chemical present at the facility at any time during the preceding calendar year;

(3) an estimate (in ranges) of the average daily amount of the hazardous chemical present at the facility during the preceding calendar year;

(4) a brief description of the manner of storage of the hazardous chemical;

(5) the location at the facility of the hazardous chemical; and

(6) an indication of whether the owner elects to withhold location information of a specific hazardous chemical from disclosure to the public under Section 324 of the Federal Act.

(g) Availability of tier II information shall be as follows:

(1) Upon request by the State Emergency Planning Commission, a local emergency planning committee, or a fire department with jurisdiction over the facility, the owner or operator of a facility shall provide tier II information, as described in subsection (g), to the person making the request.

(2) A State or local official acting in his or her official capacity may have access to tier II information by submitting a request to the SERC or the local emergency planning committee. Upon receipt of a request for tier II information, the SERC or local committee shall, pursuant to paragraph (1), request the facility owner or operator for the tier II information and make available such information to the official.

(3) Any person may request the SERC or a local emergency planning committee for tier II information relating to the preceding calendar year with respect to a facility. Any such request shall be in writing and shall be with respect to a specific facility.

(4) Any tier II information which the SERC or a local emergency planning committee has in its possession shall be made available to a person making a request under this paragraph in accordance with Section 324 of the Federal Act. If the SERC or local emergency planning committee does not have the tier II information in its possession, upon receiving a request for tier II information the SERC or local emergency planning committee shall, pursuant to paragraph (1), request the facility owner or operator for tier II information with respect to a hazardous chemical which a facility has stored in an amount in excess of 10,000 pounds present at the facility at any time during the preceding calendar year and make such information available to the person making the request in accordance with Section 324 of the Federal Act.

(5) In the case of tier II information which is not in the possession of the SERC or local emergency planning committee and which relates to a hazardous chemical which a facility has stored in an amount less than 10,000 pounds present at the facility at any time during the preceding calendar year, a request from a person must include the general need for the information. The SERC or local emergency planning committee may, pursuant to paragraph (1), make a request to the facility owner or operator for the tier II information on behalf of the person making the request. Upon receipt of any information requested on behalf of such person, the SERC or local emergency planning committee shall make the information available to the person in accordance with Section 324 of the Federal Act.

(6) The SERC or local emergency planning committee shall respond to a request for tier II information under this Section no later than 45 days after the date of receipt of the request.

(7) Upon request to an owner or operator of a facility which files an inventory form under this Section by the fire department with jurisdiction over the facility, the owner or operator of the facility shall allow the fire department to conduct an on-site inspection of the facility and shall provide to the fire department specific location information on hazardous chemicals at the facility.

(h) (Blank). The tier 1 and tier 2 inventory forms promulgated by USEPA for use in meeting the requirements of Section 312 of the Federal Act may be used to fulfill the requirements of this Section.

(Source: P.A. 86-449.)

(430 ILCS 100/17) (from Ch. 111 1/2, par. 7717)

Sec. 17. Citizen suits. (a) Except as provided in subsection (b), any person may commence a civil action on his own behalf against the owner or operator of a facility for failure to do any of the following:

(1) submit a followup emergency notice required under Section 10(d) of this Act;

(2) submit a material safety data sheet or a list as required under Section 11(a) of this Act;

(3) complete and submit an inventory form containing tier II I information required under Section 12(a) of this Act, unless such requirement does not apply by reason of Section 12(b) of this Act.

(b) No action may be commenced under subsection (a) against an owner or operator of a facility if the Administrator of USEPA has commenced and is diligently pursuing an administrative order or civil action to enforce the requirement concerned or to impose a civil penalty under the Federal Act with respect to the violation of the requirement.

(Source: P.A. 86-449.)

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