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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Environmental Protection Act is amended by | |||||||||||||||||||
5 | changing Section 9.16, as added by Public Act 101-22, as | |||||||||||||||||||
6 | follows: | |||||||||||||||||||
7 | (415 ILCS 5/9.16) | |||||||||||||||||||
8 | Sec. 9.16. Control of ethylene oxide sterilization | |||||||||||||||||||
9 | sources. | |||||||||||||||||||
10 | (a) As used in this Section: | |||||||||||||||||||
11 | "Ethylene oxide sterilization operations" means the | |||||||||||||||||||
12 | process of using ethylene oxide at an ethylene oxide | |||||||||||||||||||
13 | sterilization source to make one or more items free from | |||||||||||||||||||
14 | microorganisms, pathogens, or both microorganisms and | |||||||||||||||||||
15 | pathogens. | |||||||||||||||||||
16 | "Ethylene oxide sterilization source" means any stationary | |||||||||||||||||||
17 | source with ethylene oxide usage that would subject it to the | |||||||||||||||||||
18 | emissions standards in 40 CFR 63.362. "Ethylene oxide | |||||||||||||||||||
19 | sterilization source" does not include beehive fumigators, | |||||||||||||||||||
20 | research or laboratory facilities, hospitals, doctors' | |||||||||||||||||||
21 | offices, clinics, or other stationary sources for which the | |||||||||||||||||||
22 | primary purpose is to provide medical services to humans or | |||||||||||||||||||
23 | animals. |
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1 | "Exhaust point" means any point through which ethylene | ||||||
2 | oxide-laden air exits an ethylene oxide sterilization source. | ||||||
3 | "Stationary source" has the meaning set forth in subsection | ||||||
4 | 1 of Section 39.5. | ||||||
5 | (b) Beginning 180 days after the effective date of this | ||||||
6 | amendatory Act of the 101st General Assembly, no person shall | ||||||
7 | conduct ethylene oxide sterilization operations, unless the | ||||||
8 | ethylene oxide sterilization source captures, and demonstrates | ||||||
9 | that it captures, 100% of all ethylene oxide emissions and | ||||||
10 | reduces ethylene oxide emissions to the atmosphere from each | ||||||
11 | exhaust point at the ethylene oxide sterilization source by at | ||||||
12 | least 99.9% or to 0.2 parts per million. | ||||||
13 | (1) Within 180 days after the effective date of this | ||||||
14 | amendatory Act of the 101st General Assembly for any | ||||||
15 | existing ethylene oxide sterilization source, or prior to | ||||||
16 | any ethylene oxide sterilization operation for any source | ||||||
17 | that first becomes subject to regulation after the | ||||||
18 | effective date of this amendatory Act of the 101st General | ||||||
19 | Assembly as an ethylene oxide sterilization source under | ||||||
20 | this Section, the owner or operator of the ethylene oxide | ||||||
21 | sterilization source shall conduct an initial emissions | ||||||
22 | test in accordance with all of the requirements set forth | ||||||
23 | in this paragraph (1) to verify that ethylene oxide | ||||||
24 | emissions to the atmosphere from each exhaust point at the | ||||||
25 | ethylene oxide sterilization source have been reduced by at | ||||||
26 | least 99.9% or to 0.2 parts per million: |
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1 | (A) At least 30 days prior to the scheduled | ||||||
2 | emissions test date, the owner or operator of the | ||||||
3 | ethylene oxide sterilization source shall submit a | ||||||
4 | notification of the scheduled emissions test date and a | ||||||
5 | copy of the proposed emissions test protocol to the | ||||||
6 | Agency for review and written approval. Emissions test | ||||||
7 | protocols submitted to the Agency shall address the | ||||||
8 | manner in which testing will be conducted, including, | ||||||
9 | but not limited to: | ||||||
10 | (i) the name of the independent third party | ||||||
11 | company that will be performing sampling and | ||||||
12 | analysis and the company's experience with similar | ||||||
13 | emissions tests; | ||||||
14 | (ii) the methodologies to be used; | ||||||
15 | (iii) the conditions under which emissions | ||||||
16 | tests will be performed, including a discussion of | ||||||
17 | why these conditions will be representative of | ||||||
18 | maximum emissions from each of the 3 cycles of | ||||||
19 | operation (chamber evacuation, back vent, and | ||||||
20 | aeration) and the means by which the operating | ||||||
21 | parameters for the emission unit and any control | ||||||
22 | equipment will be determined; | ||||||
23 | (iv) the specific determinations of emissions | ||||||
24 | and operations that are intended to be made, | ||||||
25 | including sampling and monitoring locations; and | ||||||
26 | (v) any changes to the test method or methods |
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1 | proposed to accommodate the specific circumstances | ||||||
2 | of testing, with justification. | ||||||
3 | (B) The owner or operator of the ethylene oxide | ||||||
4 | sterilization source shall perform emissions testing | ||||||
5 | in accordance with an Agency-approved test protocol | ||||||
6 | and at representative conditions to verify that | ||||||
7 | ethylene oxide emissions to the atmosphere from each | ||||||
8 | exhaust point at the ethylene oxide sterilization | ||||||
9 | source have been reduced by at least 99.9% or to 0.2 | ||||||
10 | parts per million. The duration of the test must | ||||||
11 | incorporate all 3 cycles of operation for | ||||||
12 | determination of the emission reduction efficiency. | ||||||
13 | (C) Upon Agency approval of the test protocol, any | ||||||
14 | source that first becomes subject to regulation after | ||||||
15 | the effective date of this amendatory Act of the 101st | ||||||
16 | General Assembly as an ethylene oxide sterilization | ||||||
17 | source under this Section may undertake ethylene oxide | ||||||
18 | sterilization operations in accordance with the | ||||||
19 | Agency-approved test protocol for the sole purpose of | ||||||
20 | demonstrating compliance with this subsection (b). | ||||||
21 | (D) The owner or operator of the ethylene oxide | ||||||
22 | sterilization source shall submit to the Agency the | ||||||
23 | results of any and all emissions testing conducted | ||||||
24 | after the effective date of this amendatory Act of the | ||||||
25 | 101st General Assembly, until the Agency accepts | ||||||
26 | testing results under subparagraph (E) of paragraph |
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1 | (1) of this subsection (b), for any existing source or | ||||||
2 | prior to any ethylene oxide sterilization operation | ||||||
3 | for any source that first becomes subject to regulation | ||||||
4 | after the effective date of this amendatory Act of the | ||||||
5 | 101st General Assembly as an ethylene oxide | ||||||
6 | sterilization source under this Section. The results | ||||||
7 | documentation shall include at a minimum: | ||||||
8 | (i) a summary of results; | ||||||
9 | (ii) a description of test method or methods, | ||||||
10 | including description of sample points, sampling | ||||||
11 | train, analysis equipment, and test schedule; | ||||||
12 | (iii) a detailed description of test | ||||||
13 | conditions, including process information and | ||||||
14 | control equipment information; and | ||||||
15 | (iv) data and calculations, including copies | ||||||
16 | of all raw data sheets, opacity observation | ||||||
17 | records and records of laboratory analyses, sample | ||||||
18 | calculations, and equipment calibration. | ||||||
19 | (E) Within 30 days of receipt, the Agency shall | ||||||
20 | accept, accept with conditions, or decline to accept a | ||||||
21 | stack testing protocol and the testing results | ||||||
22 | submitted to demonstrate compliance with paragraph (1) | ||||||
23 | of this subsection (b). If the Agency accepts with | ||||||
24 | conditions or declines to accept the results | ||||||
25 | submitted, the owner or operator of the ethylene oxide | ||||||
26 | sterilization source shall submit revised results of |
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1 | the emissions testing or conduct emissions testing | ||||||
2 | again. If the owner or operator revises the results, | ||||||
3 | the revised results shall be submitted within 15 days | ||||||
4 | after the owner or operator of the ethylene oxide | ||||||
5 | sterilization source receives written notice of the | ||||||
6 | Agency's conditional acceptance or rejection of the | ||||||
7 | emissions testing results. If the owner or operator | ||||||
8 | conducts emissions testing again, such new emissions | ||||||
9 | testing shall conform to the requirements of this | ||||||
10 | subsection (b). | ||||||
11 | (2) The owner or operator of the ethylene oxide | ||||||
12 | sterilization source shall conduct emissions testing on | ||||||
13 | all exhaust points at the ethylene oxide sterilization | ||||||
14 | source at least once each calendar year to demonstrate | ||||||
15 | compliance with the requirements of this Section and any | ||||||
16 | applicable requirements concerning ethylene oxide that are | ||||||
17 | set forth in either United States Environmental Protection | ||||||
18 | Agency rules or Board rules. Annual emissions tests | ||||||
19 | required under this paragraph (2) shall take place at least | ||||||
20 | 6 months apart. An initial emissions test conducted under | ||||||
21 | paragraph (1) of this subsection (b) satisfies the testing | ||||||
22 | requirement of this paragraph (2) for the calendar year in | ||||||
23 | which the initial emissions test is conducted. | ||||||
24 | (3) At least 30 days before conducting the annual | ||||||
25 | emissions test required under paragraph (2) of this | ||||||
26 | subsection (b), the owner or operator shall submit a |
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1 | notification of the scheduled emissions test date and a | ||||||
2 | copy of the proposed emissions test protocol to the Agency | ||||||
3 | for review and written approval. Emissions test protocols | ||||||
4 | submitted to the Agency under this paragraph (3) must | ||||||
5 | address each item listed in subparagraph (A) of paragraph | ||||||
6 | (1) of this subsection (b). Emissions testing shall be | ||||||
7 | performed in accordance with an Agency-approved test | ||||||
8 | protocol and at representative conditions. In addition, as | ||||||
9 | soon as practicable, but no later than 30 days after the | ||||||
10 | emissions test date, the owner or operator shall submit to | ||||||
11 | the Agency the results of the emissions testing required | ||||||
12 | under paragraph (2) of this subsection (b). Such results | ||||||
13 | must include each item listed in subparagraph (D) of | ||||||
14 | paragraph (1) of this subsection (b). | ||||||
15 | (4) If the owner or operator of an ethylene oxide | ||||||
16 | sterilization source conducts any emissions testing in | ||||||
17 | addition to tests required by this amendatory Act of the | ||||||
18 | 101st General Assembly, the owner or operator shall submit | ||||||
19 | to the Agency the results of such emissions testing within | ||||||
20 | 30 days after the emissions test date. | ||||||
21 | (5) The Agency shall accept, accept with conditions, or | ||||||
22 | decline to accept testing results submitted to demonstrate | ||||||
23 | compliance with paragraph (2) of this subsection (b). If | ||||||
24 | the Agency accepts with conditions or declines to accept | ||||||
25 | the results submitted, the owner or operator of the | ||||||
26 | ethylene oxide sterilization source shall submit revised |
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1 | results of the emissions testing or conduct emissions | ||||||
2 | testing again. If the owner or operator revises the | ||||||
3 | results, the revised results shall be submitted within 15 | ||||||
4 | days after the owner or operator of the ethylene oxide | ||||||
5 | sterilization source receives written notice of the | ||||||
6 | Agency's conditional acceptance or rejection of the | ||||||
7 | emissions testing results. If the owner or operator | ||||||
8 | conducts emissions testing again, such new emissions | ||||||
9 | testing shall conform to the requirements of this | ||||||
10 | subsection (b). | ||||||
11 | (c) If any emissions test conducted more than 180 days | ||||||
12 | after the effective date of this amendatory Act of the 101st | ||||||
13 | General Assembly fails to demonstrate that ethylene oxide | ||||||
14 | emissions to the atmosphere from each exhaust point at the | ||||||
15 | ethylene oxide sterilization source have been reduced by at | ||||||
16 | least 99.9% or to 0.2 parts per million, the owner or operator | ||||||
17 | of the ethylene oxide sterilization source shall immediately | ||||||
18 | cease ethylene oxide sterilization operations and notify the | ||||||
19 | Agency within 24 hours of becoming aware of the failed | ||||||
20 | emissions test. Within 60 days after the date of the test, the | ||||||
21 | owner or operator of the ethylene oxide sterilization source | ||||||
22 | shall: | ||||||
23 | (1) complete an analysis to determine the root cause of | ||||||
24 | the failed emissions test; | ||||||
25 | (2) take any actions necessary to address that root | ||||||
26 | cause; |
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1 | (3) submit a report to the Agency describing the | ||||||
2 | findings of the root cause analysis, any work undertaken to | ||||||
3 | address findings of the root cause analysis, and | ||||||
4 | identifying any feasible best management practices to | ||||||
5 | enhance capture and further reduce ethylene oxide levels | ||||||
6 | within the ethylene oxide sterilization source, including | ||||||
7 | a schedule for implementing such practices; and | ||||||
8 | (4) upon approval by the Agency of the report required | ||||||
9 | by paragraph (3) of this subsection, restart ethylene oxide | ||||||
10 | sterilization operations only to the extent necessary to | ||||||
11 | conduct additional emissions test or tests. The ethylene | ||||||
12 | oxide sterilization source shall conduct such emissions | ||||||
13 | test or tests under the same requirements as the annual | ||||||
14 | test described in paragraphs (2) and (3) of subsection (b). | ||||||
15 | The ethylene oxide sterilization source may restart | ||||||
16 | operations once an emissions test successfully | ||||||
17 | demonstrates that ethylene oxide emissions to the | ||||||
18 | atmosphere from each exhaust point at the ethylene oxide | ||||||
19 | sterilization source have been reduced by at least 99.9% or | ||||||
20 | to 0.2 parts per million, the source has submitted the | ||||||
21 | results of all emissions testing conducted under this | ||||||
22 | subsection to the Agency, and the Agency has approved the | ||||||
23 | results demonstrating compliance. | ||||||
24 | (d) Beginning 180 days after the effective date of this | ||||||
25 | amendatory Act of the 101st General Assembly for any existing | ||||||
26 | source or prior to any ethylene oxide sterilization operation |
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1 | for any source that first becomes subject to regulation after | ||||||
2 | the effective date of this amendatory Act of the 101st General | ||||||
3 | Assembly as an ethylene oxide sterilization source under this | ||||||
4 | Section, no person shall conduct ethylene oxide sterilization | ||||||
5 | operations unless the owner or operator of the ethylene oxide | ||||||
6 | sterilization source submits for review and approval by the | ||||||
7 | Agency a plan describing how the owner or operator will | ||||||
8 | continuously collect emissions information at the ethylene | ||||||
9 | oxide sterilization source. This plan must also specify | ||||||
10 | locations at the ethylene oxide sterilization source from which | ||||||
11 | emissions will be collected and identify equipment used for | ||||||
12 | collection and analysis, including the individual system | ||||||
13 | components. | ||||||
14 | (1) The owner or operator of the ethylene oxide | ||||||
15 | sterilization source must provide a notice of acceptance of | ||||||
16 | any conditions added by the Agency to the plan, or correct | ||||||
17 | any deficiencies identified by the Agency in the plan, | ||||||
18 | within 3 business days after receiving the Agency's | ||||||
19 | conditional acceptance or denial of the plan. | ||||||
20 | (2) Upon the Agency's approval of the plan, the owner | ||||||
21 | or operator of the ethylene oxide sterilization source | ||||||
22 | shall implement the plan in accordance with its approved | ||||||
23 | terms. | ||||||
24 | (e) Beginning 180 days after the effective date of this | ||||||
25 | amendatory Act of the 101st General Assembly for any existing | ||||||
26 | source or prior to any ethylene oxide sterilization operation |
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1 | for any source that first becomes subject to regulation after | ||||||
2 | the effective date of this amendatory Act of the 101st General | ||||||
3 | Assembly as an ethylene oxide sterilization source under this | ||||||
4 | Section, no person shall conduct ethylene oxide sterilization | ||||||
5 | operations unless the owner or operator of the ethylene oxide | ||||||
6 | sterilization source submits for review and approval by the | ||||||
7 | Agency an Ambient Air Monitoring Plan. | ||||||
8 | (1) The Ambient Air Monitoring Plan shall include, at a | ||||||
9 | minimum, the following: | ||||||
10 | (A) Detailed plans to collect and analyze air | ||||||
11 | samples for ethylene oxide on at least a quarterly | ||||||
12 | basis near the property boundaries of the ethylene | ||||||
13 | oxide sterilization source and at community locations | ||||||
14 | with the highest modeled impact pursuant to the | ||||||
15 | modeling conducted under subsection (f). Each | ||||||
16 | quarterly sampling under this subsection shall be | ||||||
17 | conducted over a multiple-day sampling period. | ||||||
18 | (B) A schedule for implementation. | ||||||
19 | (C) The name of the independent third party company | ||||||
20 | that will be performing sampling and analysis and the | ||||||
21 | company's experience with similar testing. | ||||||
22 | (2) The owner or operator of the ethylene oxide | ||||||
23 | sterilization source must provide a notice of acceptance of | ||||||
24 | any conditions added by the Agency to the Ambient Air | ||||||
25 | Monitoring Plan, or correct any deficiencies identified by | ||||||
26 | the Agency in the Ambient Air Monitoring Plan, within 3 |
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1 | business days after receiving the Agency's conditional | ||||||
2 | acceptance or denial of the plan. | ||||||
3 | (3) Upon the Agency's approval of the plan, the owner | ||||||
4 | or operator of the ethylene oxide sterilization source | ||||||
5 | shall implement the Ambient Air Monitoring Plan in | ||||||
6 | accordance with its approved terms. | ||||||
7 | (f) Beginning 180 days after the effective date of this | ||||||
8 | amendatory Act of the 101st General Assembly for any existing | ||||||
9 | source or prior to any ethylene oxide sterilization operation | ||||||
10 | for any source that first becomes subject to regulation after | ||||||
11 | the effective date of this amendatory Act of the 101st General | ||||||
12 | Assembly as an ethylene oxide sterilization source under this | ||||||
13 | Section, no person shall conduct ethylene oxide sterilization | ||||||
14 | operations unless the owner or operator of the ethylene oxide | ||||||
15 | sterilization source has performed dispersion modeling and the | ||||||
16 | Agency approves such modeling. | ||||||
17 | (1) Dispersion modeling must: | ||||||
18 | (A) be conducted using accepted United States | ||||||
19 | Environmental Protection Agency methodologies, | ||||||
20 | including 40 CFR Part 51, Appendix W, except that no | ||||||
21 | background ambient levels of ethylene oxide shall be | ||||||
22 | used; | ||||||
23 | (B) use emissions and stack parameter data from the | ||||||
24 | emissions test conducted in accordance with paragraph | ||||||
25 | (1) of subsection (b), and use 5 years of hourly | ||||||
26 | meteorological data that is representative of the |
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1 | source's location; and | ||||||
2 | (C) use a receptor grid that extends to at least | ||||||
3 | one kilometer around the source and ensure the modeling | ||||||
4 | domain includes the area of maximum impact, with | ||||||
5 | receptor spacing no greater than every 50 meters | ||||||
6 | starting from the building walls of the source | ||||||
7 | extending out to a distance of at least one-half | ||||||
8 | kilometer, then every 100 meters extending out to a | ||||||
9 | distance of at least one kilometer. | ||||||
10 | (2) The owner or operator of the ethylene oxide | ||||||
11 | sterilization source shall submit revised results of all | ||||||
12 | modeling if the Agency accepts with conditions or declines | ||||||
13 | to accept the results submitted. | ||||||
14 | (g) A facility permitted to emit ethylene oxide that has | ||||||
15 | been subject to a seal order under Section 34 is prohibited | ||||||
16 | from using ethylene oxide for sterilization or fumigation | ||||||
17 | purposes, unless (i) the facility can provide a certification | ||||||
18 | to the Agency by the supplier of a product to be sterilized or | ||||||
19 | fumigated that ethylene oxide sterilization or fumigation is | ||||||
20 | the only available method to completely sterilize or fumigate | ||||||
21 | the product and (ii) the Agency has certified that the | ||||||
22 | facility's emission control system uses technology that | ||||||
23 | produces the greatest reduction in ethylene oxide emissions | ||||||
24 | currently available. The certification shall be made by a | ||||||
25 | company representative with knowledge of the sterilization | ||||||
26 | requirements of the product. The certification requirements of |
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1 | this Section shall apply to any group of products packaged | ||||||
2 | together and sterilized as a single product if sterilization or | ||||||
3 | fumigation is the only available method to completely sterilize | ||||||
4 | or fumigate more than half of the individual products contained | ||||||
5 | in the package. | ||||||
6 | A facility is not subject to the requirements of this | ||||||
7 | subsection if the supporting findings of the seal order under | ||||||
8 | Section 34 are found to be without merit by a court of | ||||||
9 | competent jurisdiction. | ||||||
10 | (h) If an entity, or any parent or subsidiary of an entity, | ||||||
11 | that owns or operates a facility permitted by the Agency to | ||||||
12 | emit ethylene oxide acquires by purchase, license, or any other | ||||||
13 | method of acquisition any intellectual property right in a | ||||||
14 | sterilization technology that does not involve the use of | ||||||
15 | ethylene oxide, or by purchase, merger, or any other method of | ||||||
16 | acquisition of any entity that holds an intellectual property | ||||||
17 | right in a sterilization technology that does not involve the | ||||||
18 | use of ethylene oxide, that entity, parent, or subsidiary shall | ||||||
19 | notify the Agency of the acquisition within 30 days of | ||||||
20 | acquiring it. If that entity, parent, or subsidiary has not | ||||||
21 | used the sterilization technology within 3 years of its | ||||||
22 | acquisition, the entity shall notify the Agency within 30 days | ||||||
23 | of the 3-year period elapsing. | ||||||
24 | An entity, or any parent or subsidiary of an entity, that | ||||||
25 | owns or operates a facility permitted by the Agency to emit | ||||||
26 | ethylene oxide that has any intellectual property right in any |
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1 | sterilization technology that does not involve the use of | ||||||
2 | ethylene oxide shall notify the Agency of any offers that it | ||||||
3 | makes to license or otherwise allow the technology to be used | ||||||
4 | by third parties within 30 days of making the offer. | ||||||
5 | An entity, or any parent or subsidiary of an entity, that | ||||||
6 | owns or operates a facility permitted by the Agency to emit | ||||||
7 | ethylene oxide shall provide the Agency with a list of all U.S. | ||||||
8 | patent registrations for sterilization technology that the | ||||||
9 | entity, parent, or subsidiary has any property right in. The | ||||||
10 | list shall include the following: | ||||||
11 | (1) The patent number assigned by the United States | ||||||
12 | Patent and Trademark Office for each patent. | ||||||
13 | (2) The date each patent was filed. | ||||||
14 | (3) The names and addresses of all owners or assignees | ||||||
15 | of each patent. | ||||||
16 | (4) The names and addresses of all inventors of each | ||||||
17 | patent. | ||||||
18 | (i) If a CAAPP permit applicant applies to use ethylene | ||||||
19 | oxide as a sterilant or fumigant at a facility not in existence | ||||||
20 | prior to January 1, 2020, the Agency shall issue a CAAPP permit | ||||||
21 | for emission of ethylene oxide only if: | ||||||
22 | (1) the nearest school or park is at least 10 miles | ||||||
23 | from the permit applicant in counties with populations | ||||||
24 | greater than 50,000; | ||||||
25 | (2) the nearest school or park is at least 15 miles | ||||||
26 | from the permit applicant in counties with populations less |
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1 | than or equal to 50,000; and | ||||||
2 | (3) within 7 days after the application for a CAAPP | ||||||
3 | permit, the permit applicant has published its permit | ||||||
4 | request on its website, published notice in a local | ||||||
5 | newspaper of general circulation, and provided notice to: | ||||||
6 | (A) the State Representative for the | ||||||
7 | representative district in which the facility is | ||||||
8 | located; | ||||||
9 | (B) the State Senator for the legislative district | ||||||
10 | in which the facility is located; | ||||||
11 | (C) the members of the county board for the county | ||||||
12 | in which the facility is located; and | ||||||
13 | (D) the local municipal board members and | ||||||
14 | executives. | ||||||
15 | (j) The owner or operator of an ethylene oxide | ||||||
16 | sterilization source must apply for and obtain a construction | ||||||
17 | permit from the Agency for any modifications made to the source | ||||||
18 | to comply with the requirements of this amendatory Act of the | ||||||
19 | 101st General Assembly, including, but not limited to, | ||||||
20 | installation of a permanent total enclosure, modification of | ||||||
21 | airflow to create negative pressure within the source, and | ||||||
22 | addition of one or more control devices. Additionally, the | ||||||
23 | owner or operator of the ethylene oxide sterilization source | ||||||
24 | must apply for and obtain from the Agency a modification of the | ||||||
25 | source's operating permit to incorporate such modifications | ||||||
26 | made to the source. Both the construction permit and operating |
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1 | permit must include a limit on ethylene oxide usage at the | ||||||
2 | source. | ||||||
3 | (k) Nothing in this Section shall be interpreted to excuse | ||||||
4 | the ethylene oxide sterilization source from complying with any | ||||||
5 | applicable local requirements. | ||||||
6 | (l) The owner or operator of an ethylene oxide | ||||||
7 | sterilization source must notify the Agency within 5 days after | ||||||
8 | discovering any deviation from any of the requirements in this | ||||||
9 | Section or deviations from any applicable requirements | ||||||
10 | concerning ethylene oxide that are set forth in this Act, | ||||||
11 | United States Environmental Protection Agency rules, or Board | ||||||
12 | rules. As soon as practicable, but no later than 5 business | ||||||
13 | days, after the Agency receives such notification, the Agency | ||||||
14 | must post a notice on its website and notify the members of the | ||||||
15 | General Assembly from the Legislative and Representative | ||||||
16 | Districts in which the source in question is located, the | ||||||
17 | county board members of the county in which the source in | ||||||
18 | question is located, the corporate authorities of the | ||||||
19 | municipality in which the source in question is located, and | ||||||
20 | the Illinois Department of Public Health. | ||||||
21 | (m) The Agency must conduct at least one unannounced | ||||||
22 | inspection of all ethylene oxide sterilization sources subject | ||||||
23 | to this Section per year. Nothing in this Section shall limit | ||||||
24 | the Agency's authority under other provisions of this Act to | ||||||
25 | conduct inspections of ethylene oxide sterilization sources. | ||||||
26 | (n) The Agency shall conduct air testing to determine the |
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1 | ambient levels of ethylene oxide throughout the State. The | ||||||
2 | Agency shall, within 180 days after the effective date of this | ||||||
3 | amendatory Act of the 101st General Assembly, submit rules for | ||||||
4 | ambient air testing of ethylene oxide to the Board. | ||||||
5 | (o) Nothing in this Section shall limit the ability of a | ||||||
6 | home rule unit of local government to adopt an ordinance that | ||||||
7 | imposes additional operating restrictions upon or prohibits | ||||||
8 | ethylene oxide sterilization operations of a facility that is | ||||||
9 | located within the boundaries of the home rule unit of local | ||||||
10 | government and is permitted to emit ethylene oxide.
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11 | (Source: P.A. 101-22, eff. 6-21-19.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
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