Full Text of HB4526 97th General Assembly
HB4526eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Environmental Protection Act is amended by | 5 | | adding Section 22.57 as follows: | 6 | | (415 ILCS 5/22.57 new) | 7 | | Sec. 22.57. Perchloroethylene in drycleaning. | 8 | | (a) For the purposes of this Section: | 9 | | "Drycleaning" means the process of cleaning clothing, | 10 | | garments, textiles, fabrics, leather goods, or other like | 11 | | articles using a nonaqueous solvent. | 12 | | "Drycleaning machine" means any machine, device, or other | 13 | | equipment used in drycleaning. | 14 | | "Drycleaning solvents" means solvents used in drycleaning. | 15 | | "Perchloroethylene drycleaning machine" means a | 16 | | drycleaning machine that uses perchloroethylene. | 17 | | "Primary control system" means a refrigerated condenser or | 18 | | an equivalent closed-loop vapor recovery system that reduces | 19 | | the concentration of perchloroethylene in the recirculating | 20 | | air of a perchloroethylene drycleaning machine. | 21 | | "Refrigerated condenser" means a closed-loop vapor | 22 | | recovery system into which perchloroethylene vapors are | 23 | | introduced and trapped by cooling below the dew point of the |
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| 1 | | perchloroethylene. | 2 | | "Secondary control system" means a device or apparatus that | 3 | | reduces the concentration of perchloroethylene in the | 4 | | recirculating air of a perchloroethylene drycleaning machine | 5 | | at the end of the drying cycle beyond the level achievable with | 6 | | a refrigerated condenser alone. | 7 | | (b) Beginning January 1, 2013: | 8 | | (1) Perchloroethylene drycleaning machines in | 9 | | operation on the effective date of this Section that have a | 10 | | primary control system but not a secondary control system | 11 | | can continue to be used until the end of their useful life, | 12 | | provided that perchloroethylene drycleaning machines that | 13 | | do not have a secondary control system cannot be operated | 14 | | at a facility other than the facility at which they were | 15 | | located on the effective date of this Section. | 16 | | (2) Except as allowed under paragraph (1) of subsection | 17 | | (b) of this Section, no person shall install or operate a | 18 | | perchloroethylene drycleaning machine unless the machine | 19 | | has a primary control system and a secondary control | 20 | | system. | 21 | | (c) Beginning January 1, 2014, no person shall operate a | 22 | | drycleaning machine unless all of the following are met: | 23 | | (1) During the operation of the machine, a person with | 24 | | the following training is present at the facility where the | 25 | | machine is located: | 26 | | (A) Successful completion of an initial |
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| 1 | | environmental training course that is approved by the | 2 | | Dry Cleaner Environmental Response Trust Fund Council, | 3 | | in consultation with the Agency and representatives of | 4 | | the drycleaning industry, as providing appropriate | 5 | | training on drycleaning best management practices, | 6 | | including, but not limited to, reducing solvent air | 7 | | emissions, reducing solvent spills and leaks, | 8 | | protecting groundwater, and promoting the efficient | 9 | | use of solvents. | 10 | | (B) Once every 4 years after completion of the | 11 | | initial environmental training course, successful | 12 | | completion of a refresher environmental training | 13 | | course that is approved by the Dry Cleaner | 14 | | Environmental Response Trust Fund Council, in | 15 | | consultation with the Agency and representatives of | 16 | | the drycleaning industry, as providing (i) appropriate | 17 | | review and updates on drycleaning best management | 18 | | practices, including, but not limited to, reducing | 19 | | solvent air emissions, reducing solvent spills and | 20 | | leaks, protecting groundwater, and promoting the | 21 | | efficient use of solvents, and (ii) information on | 22 | | drycleaning solvents, technologies, and alternatives | 23 | | that do not utilize perchloroethylene. | 24 | | (2) Proof of successful completion of the training | 25 | | required under paragraph (1) of subsection (c) of this | 26 | | Section is maintained at the drycleaning facility. Proof of |
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| 1 | | successful completion of the training must be made | 2 | | available for inspection and copying by the Agency or units | 3 | | of local government during normal business hours. | 4 | | (3) All of the following secondary containment | 5 | | measures are in place: | 6 | | (A) There is a containment dike or other | 7 | | containment structure around each machine, item of | 8 | | equipment, drycleaning area, and portable waste | 9 | | container in which any drycleaning solvent is | 10 | | utilized, which shall be capable of containing leaks, | 11 | | spills, or releases of drycleaning solvent from that | 12 | | machine, item, area, or container. The containment | 13 | | dike or other containment structure shall be capable of | 14 | | at least the following: (i) containing a capacity of | 15 | | 110% of the drycleaning solvent in the largest tank or | 16 | | vessel within the machine; (ii) containing 100% of the | 17 | | drycleaning solvent of each item of equipment or | 18 | | drycleaning area; and (iii) containing 100% of the | 19 | | drycleaning solvent of the largest portable waste | 20 | | container or at least 10% of the total volume of the | 21 | | portable waste containers stored within the | 22 | | containment dike or structure, whichever is greater. | 23 | | Petroleum underground storage tank systems that are | 24 | | upgraded in accordance with USEPA upgrade standards | 25 | | pursuant to 40 CFR Part 280 for the tanks and related | 26 | | piping systems and use a leak detection system approved |
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| 1 | | by the USEPA or the Agency are exempt from this | 2 | | subparagraph (A). | 3 | | (B) Those portions of diked floor surfaces on which | 4 | | a drycleaning solvent may leak, spill, or otherwise be | 5 | | released have been sealed or otherwise rendered | 6 | | impervious. | 7 | | (C) All chlorine-based drycleaning solvent is | 8 | | delivered to the drycleaning facility by means of | 9 | | closed, direct-coupled delivery systems. The Dry | 10 | | Cleaner Environmental Response Trust Fund Council may | 11 | | adopt rules specifying methods of delivery of solvents | 12 | | other than chlorine-based solvents to drycleaning | 13 | | facilities. Solvents other than chlorine-based | 14 | | solvents must be delivered to drycleaning facilities | 15 | | in accordance with rules adopted by the Dry Cleaner | 16 | | Environmental Response Trust Fund Council. | 17 | | (d) Manufacturers of drycleaning solvents or other | 18 | | cleaning agents used as alternatives to perchloroethylene | 19 | | drycleaning that are sold or offered for sale in Illinois must, | 20 | | in accordance with Agency rules, provide to the Agency | 21 | | sufficient information to allow the Agency to determine whether | 22 | | the drycleaning solvents or cleaning agents may pose negative | 23 | | impacts to human health or the environment. These alternatives | 24 | | shall include, but are not limited to, drycleaning solvents or | 25 | | other cleaning agents used in solvent-based cleaning, | 26 | | carbon-dioxide based cleaning, and professional wet cleaning |
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| 1 | | methods. The information shall include, but is not limited to, | 2 | | information regarding the physical and chemical properties of | 3 | | the drycleaning solvents or cleaning agents and toxicity data. | 4 | | No later than July 1, 2015, the Agency shall adopt in | 5 | | accordance with the Illinois Administrative Procedure Act | 6 | | rules specifying the information that manufacturers must | 7 | | submit under this subsection (d). The rules must include, but | 8 | | shall not be limited to, a deadline for submission of the | 9 | | information to the Agency. No later than July 1, 2018, the | 10 | | Agency shall post information resulting from its review of the | 11 | | drycleaning solvents and cleaning agents on the Agency's | 12 | | website. | 13 | | (e) No later than January 1, 2016, the Agency shall submit | 14 | | to the General Assembly a report on the impact to groundwater | 15 | | from newly discovered releases of perchloroethylene in this | 16 | | State. Depending on the nature and scope of any releases that | 17 | | have impacted groundwater, the report may include, but shall | 18 | | not be limited to, recommendations for reducing or eliminating | 19 | | impacts to groundwater from future releases.
| 20 | | Section 99. Effective date. This Act takes effect January | 21 | | 1, 2013.
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