HB2385 102ND GENERAL ASSEMBLY

LRB102 12783 CPF 18122 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2385

Introduced 2/17/2021, by Rep. Joyce Mason

SYNOPSIS AS INTRODUCED:

415 ILCS 5/9.18 new

Amends the Environmental Protection Act. Requires the Environmental Protection Agency to conduct continuous fence line air monitoring, using air canisters, of ethylene oxide at any facility emitting ethylene oxide in a densely-populated area. Provides that the Agency shall publicly post the results of the monitoring on its website within 30 days after each sample is taken. Requires the Agency to establish fence line monitoring of ethylene oxide limits at 0.02 micrograms per cubic meter. Provides specified civil penalties for emitting facilities with different specified annual revenues. Contains other provisions.

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 Environmental Protection Act is amended by adding Section 9.18 as follows:

(415 ILCS 5/9.18 new)

Sec. 9.18. Continuous fence line monitoring; ethylene oxide.

(a) The Agency shall conduct continuous fence line air monitoring, using air canisters, of ethylene oxide at any facility emitting ethylene oxide in a densely-populated area. The Agency shall publicly post the results of the monitoring on its website within 30 days after each sample is taken.

(b) The Agency shall utilize the results under subsection (a) to determine if facilities emitting ethylene oxide are in compliance with statutory limits, including Section 9.16, regarding ethylene oxide pollution.

(c) The Agency shall establish fence line monitoring of ethylene oxide limits at 0.02 micrograms per cubic meter (0.02 µg/m³). If fence line monitoring under subsection (a) shows ethylene oxide levels higher than 0.02 micrograms per cubic meter (0.02 µg/m³) for any period of 5 or more days during a 30-day period, the emitting facility is subject to a civil penalty under subsection (d).

(d) Civil penalties under this Act shall be in the following amounts for the following number of violations:

(1) Civil penalties for emitting facilities with over $5,000,000,000 in annual revenue shall be:

(A) for a first violation, $500,000;

(B) for a second violation, $1,000,000;

(C) for a third violation, $5,000,000;

(D) for a fourth violation, $10,000,000;

(E) for a fifth violation, $50,000,000; and

(F) for a sixth or subsequent violation, $100,000,000.

(2) Civil penalties for emitting facilities with over $1,000,000,000 and up to$5,000,000,000 in annual revenue shall be:

(A) for a first violation, $250,000;

(B) for a second violation, $500,000;

(C) for a third violation, $1,000,000;

(D) for a fourth violation, $5,000,000;

(E) for a fifth violation, $10,000,000; and

(F) for a sixth or subsequent violation, $20,000,000.

(3) Civil penalties for emitting facilities with between $500,000,000 and$1,000,000,000 in annual revenue shall be:

(A) for the first violation, $25,000;

(B) for a second violation, $50,000;

(C) for a third violation, $100,000;

(D) for a fourth violation, $250,000;

(E) for a fifth violation, $500,000; and

(F) for a sixth or subsequent violation, $1,000,000.