Full Text of HB0457 101st General Assembly
HB0457ham004 101ST GENERAL ASSEMBLY | Rep. Sam Yingling Filed: 4/11/2019
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| 1 | | AMENDMENT TO HOUSE BILL 457
| 2 | | AMENDMENT NO. ______. Amend House Bill 457 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Environmental Protection Act is amended by | 5 | | adding Section 9.16 as follows: | 6 | | (415 ILCS 5/9.16 new) | 7 | | Sec. 9.16. Control of ethylene oxide sterilization | 8 | | sources. | 9 | | (a) As used in this Section: | 10 | | "Ethylene oxide sterilization operations" means the | 11 | | process of using ethylene oxide at an ethylene oxide | 12 | | sterilization source to make one or more items free from | 13 | | microorganisms, pathogens, or both microorganisms and | 14 | | pathogens. | 15 | | "Ethylene oxide sterilization source" means any stationary | 16 | | source with ethylene oxide usage that would subject it to the |
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| 1 | | emissions standards in 40 CFR 63.362. | 2 | | "Exhaust point" means any point through which ethylene | 3 | | oxide-laden air exits an ethylene oxide sterilization source. | 4 | | "Stationary source" has the meaning set forth in subsection | 5 | | 1 of Section 39.5. | 6 | | (b) Beginning 180 days after the effective date of this | 7 | | amendatory Act of the 101st General Assembly, no person shall | 8 | | conduct ethylene oxide sterilization operations, unless the | 9 | | ethylene oxide sterilization source captures, and demonstrates | 10 | | that it captures, 100% of all ethylene oxide emissions and | 11 | | reduces ethylene oxide emissions to the atmosphere from each | 12 | | exhaust point at the ethylene oxide sterilization source by at | 13 | | least 99.9% or to 0.2 parts per million. | 14 | | (1) Within 180 days after the effective date of this | 15 | | amendatory Act of the 101st General Assembly for any | 16 | | existing ethylene oxide sterilization source or prior to | 17 | | any ethylene oxide sterilization operation for any source | 18 | | that first becomes subject to regulation after the | 19 | | effective date of this amendatory Act of the 101st General | 20 | | Assembly as an ethylene oxide sterilization source under | 21 | | this Section, the owner or operator of the ethylene oxide | 22 | | sterilization source shall conduct an initial emissions | 23 | | test in accordance with all of the requirements set forth | 24 | | in this paragraph (1) to verify that ethylene oxide | 25 | | emissions to the atmosphere from each exhaust point at the | 26 | | ethylene oxide sterilization source have been reduced by at |
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| 1 | | least 99.9% or to 0.2 parts per million: | 2 | | (A) At least 30 days prior to the scheduled | 3 | | emissions test date, the owner or operator of the | 4 | | ethylene oxide sterilization source shall submit a | 5 | | notification of the scheduled emissions test date and a | 6 | | copy of the proposed emissions test protocol to the | 7 | | Agency for review and written approval. Emissions test | 8 | | protocols submitted to the Agency shall address the | 9 | | manner in which testing will be conducted, including, | 10 | | but not limited to: | 11 | | (i) the person or persons who will be | 12 | | performing sampling and analysis and their | 13 | | experience with similar 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 such time as the Agency | 26 | | accepts testing results under subparagraph (E) of |
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| 1 | | paragraph (1) of this subsection (b), for any existing | 2 | | source or prior to any ethylene oxide sterilization | 3 | | operation for any source that first becomes subject to | 4 | | regulation after the effective date of this amendatory | 5 | | Act of the 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) The Agency shall accept, accept with | 20 | | conditions, or decline to accept testing results | 21 | | submitted to demonstrate compliance with paragraph (1) | 22 | | of this subsection (b). If the Agency accepts with | 23 | | conditions or declines to accept the results | 24 | | submitted, the owner or operator of the ethylene oxide | 25 | | sterilization source shall submit revised results of | 26 | | the emissions testing or conduct emissions testing |
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| 1 | | again. If the owner or operator revises the results, | 2 | | the revised results shall be submitted within 15 days | 3 | | after the owner or operator of the ethylene oxide | 4 | | sterilization source receives written notice of the | 5 | | Agency's conditional acceptance or rejection of the | 6 | | emissions testing results. If the owner or operator | 7 | | conducts emissions testing again, such new emissions | 8 | | testing shall conform to the requirements of this | 9 | | subsection (b). | 10 | | (2) The owner or operator of the ethylene oxide | 11 | | sterilization source shall conduct emissions testing on | 12 | | all exhaust points at the ethylene oxide sterilization | 13 | | source at least once each calendar year to demonstrate | 14 | | compliance with the requirements of this Section and any | 15 | | applicable requirements concerning ethylene oxide that are | 16 | | set forth in either United States Environmental Protection | 17 | | Agency rules or Board rules. Annual emissions tests | 18 | | required under this paragraph (2) shall take place at least | 19 | | 6 months apart. An initial emissions test conducted under | 20 | | paragraph (1) of this subsection (b) satisfies the testing | 21 | | requirement of this paragraph (2) for the calendar year in | 22 | | which the initial emissions test is conducted. | 23 | | (3) At least 30 days before conducting the annual | 24 | | emissions test required under paragraph (2) of this | 25 | | subsection (b), the owner or operator shall submit a | 26 | | notification of the scheduled emissions test date and a |
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| 1 | | copy of the proposed emissions test protocol to the Agency | 2 | | for review and written approval. Emissions test protocols | 3 | | submitted to the Agency under this paragraph (3) must | 4 | | address each item listed in subparagraph (A) of paragraph | 5 | | (1) of this subsection (b). Emissions testing shall be | 6 | | performed in accordance with an Agency-approved test | 7 | | protocol and at representative conditions. In addition, | 8 | | within 30 days after the emissions test date, the owner or | 9 | | operator shall submit to the Agency the results of the | 10 | | emissions testing required under paragraph (2) of this | 11 | | subsection (b). Such results must include each item listed | 12 | | in subparagraph (D) of paragraph (1) of this subsection | 13 | | (b). | 14 | | (4) If the owner or operator of an ethylene oxide | 15 | | sterilization source conducts any emissions testing in | 16 | | addition to tests required by this amendatory Act of the | 17 | | 101st General Assembly, the owner or operator shall submit | 18 | | to the Agency the results of such emissions testing within | 19 | | 30 days after the emissions test date. | 20 | | (5) The Agency shall accept, accept with conditions, or | 21 | | decline to accept testing results submitted to demonstrate | 22 | | compliance with paragraph (2) of this subsection (b). If | 23 | | the Agency accepts with conditions or declines to accept | 24 | | the results submitted, the owner or operator of the | 25 | | ethylene oxide sterilization source shall submit revised | 26 | | results of the emissions testing or conduct emissions |
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| 1 | | testing again. If the owner or operator revises the | 2 | | results, the revised results shall be submitted within 15 | 3 | | days after the owner or operator of the ethylene oxide | 4 | | sterilization source receives written notice of the | 5 | | Agency's conditional acceptance or rejection of the | 6 | | emissions testing results. If the owner or operator | 7 | | conducts emissions testing again, such new emissions | 8 | | testing shall conform to the requirements of this | 9 | | subsection (b). | 10 | | (c) If any emissions test conducted more than 180 days | 11 | | after the effective date of this amendatory Act of the 101st | 12 | | General Assembly fails to demonstrate that ethylene oxide | 13 | | emissions to the atmosphere from each exhaust point at the | 14 | | ethylene oxide sterilization source have been reduced by at | 15 | | least 99.9% or to 0.2 parts per million, the owner or operator | 16 | | of the ethylene oxide sterilization source shall immediately | 17 | | cease ethylene oxide sterilization operations and notify the | 18 | | Agency within 24 hours of becoming aware of the failed | 19 | | emissions test. Within 60 days after the date of the test, the | 20 | | owner or operator of the ethylene oxide sterilization source | 21 | | shall: | 22 | | (1) complete an analysis to determine the root cause of | 23 | | the failed emissions test; | 24 | | (2) take any actions necessary to address that root | 25 | | cause; | 26 | | (3) submit a report to the Agency describing the |
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| 1 | | findings of the root cause analysis, any work undertaken to | 2 | | address findings of the root cause analysis, and | 3 | | identifying any feasible best management practices to | 4 | | enhance capture and further reduce ethylene oxide levels | 5 | | within the ethylene oxide sterilization source, including | 6 | | a schedule for implementing such practices; and | 7 | | (4) upon approval by the Agency of the report required | 8 | | by paragraph (3) of this subsection, restart ethylene oxide | 9 | | sterilization operations only to the extent necessary to | 10 | | conduct additional emissions test or tests. The ethylene | 11 | | oxide sterilization source shall conduct such emissions | 12 | | test or tests under the same requirements as the annual | 13 | | test described in paragraphs (2) and (3) of subsection (b). | 14 | | The ethylene oxide sterilization source may restart | 15 | | operations once an emissions test successfully | 16 | | demonstrates that ethylene oxide emissions to the | 17 | | atmosphere from each exhaust point at the ethylene oxide | 18 | | sterilization source have been reduced by at least 99.9% or | 19 | | to 0.2 parts per million, the source has submitted the | 20 | | results of all emissions testing conducted under this | 21 | | subsection to the Agency, and the Agency has approved the | 22 | | results demonstrating compliance. | 23 | | (d) Beginning 180 days after the effective date of this | 24 | | amendatory Act of the 101st General Assembly for any existing | 25 | | source or prior to any ethylene oxide sterilization operation | 26 | | for any source that first becomes subject to regulation after |
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| 1 | | the effective date of this amendatory Act of the 101st General | 2 | | Assembly as an ethylene oxide sterilization source under this | 3 | | Section, no person shall conduct ethylene oxide sterilization | 4 | | operations unless the owner or operator of the ethylene oxide | 5 | | sterilization source submits for review and approval by the | 6 | | Agency a plan describing how the owner or operator will | 7 | | continuously collect emissions information at the ethylene | 8 | | oxide sterilization source. This plan must also specify | 9 | | locations at the ethylene oxide sterilization source from which | 10 | | emissions will be collected and identify equipment used for | 11 | | collection and analysis, including the individual system | 12 | | components. | 13 | | (1) The owner or operator of the ethylene oxide | 14 | | sterilization source must provide a notice of acceptance of | 15 | | any conditions added by the Agency to the plan, or correct | 16 | | any deficiencies identified by the Agency in the plan, | 17 | | within 3 business days after receiving the Agency's | 18 | | conditional acceptance or denial of the plan. | 19 | | (2) Upon the Agency's approval of the plan, the owner | 20 | | or operator of the ethylene oxide sterilization source | 21 | | shall implement the plan in accordance with its approved | 22 | | terms. | 23 | | (e) Beginning 180 days after the effective date of this | 24 | | amendatory Act of the 101st General Assembly for any existing | 25 | | source or prior to any ethylene oxide sterilization operation | 26 | | for any source that first becomes subject to regulation after |
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| 1 | | the effective date of this amendatory Act of the 101st General | 2 | | Assembly as an ethylene oxide sterilization source under this | 3 | | Section, no person shall conduct ethylene oxide sterilization | 4 | | operations unless the owner or operator of the ethylene oxide | 5 | | sterilization source submits for review and approval by the | 6 | | Agency an Ambient Air Monitoring Plan. The Ambient Air | 7 | | Monitoring Plan shall include, at a minimum, detailed plans to | 8 | | collect and analyze air samples for ethylene oxide on at least | 9 | | a quarterly basis near the property boundaries of the ethylene | 10 | | oxide sterilization source and at community locations with the | 11 | | highest modeled impact pursuant to the modeling conducted under | 12 | | subsection (f) and a schedule for implementation. | 13 | | (1) The owner or operator of the ethylene oxide | 14 | | sterilization source must provide a notice of acceptance of | 15 | | any conditions added by the Agency to the Ambient Air | 16 | | Monitoring Plan, or correct any deficiencies identified by | 17 | | the Agency in the Ambient Air Monitoring Plan, within 3 | 18 | | business days after receiving the Agency's conditional | 19 | | 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 Ambient Air Monitoring Plan in | 23 | | accordance with its approved terms. | 24 | | (f) 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 has performed dispersion modeling and the | 7 | | Agency approves such modeling. | 8 | | (1) Dispersion modeling must: | 9 | | (A) be conducted using accepted United States | 10 | | Environmental Protection Agency methodologies, | 11 | | including 40 CFR Part 51, Appendix W, except that no | 12 | | background ambient levels of ethylene oxide shall be | 13 | | used; | 14 | | (B) use emissions and stack parameter data from the | 15 | | emissions test conducted in accordance with paragraph | 16 | | (1) of subsection (b), and use 5 years of hourly | 17 | | meteorological data that is representative of the | 18 | | source's location; and | 19 | | (C) use a receptor grid that extends to at least | 20 | | one kilometer around the source and ensure the modeling | 21 | | domain includes the area of maximum impact, with | 22 | | receptor spacing no greater than every 50 meters | 23 | | starting from the building walls of the source | 24 | | extending out to a distance of at least one-half | 25 | | kilometer, then every 100 meters extending out to a | 26 | | distance of at least one kilometer. |
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| 1 | | (2) The owner or operator of the ethylene oxide | 2 | | sterilization source shall submit revised results of all | 3 | | modeling if the Agency accepts with conditions or declines | 4 | | to accept the results submitted. | 5 | | (g) The owner or operator of an ethylene oxide | 6 | | sterilization source must apply for and obtain a construction | 7 | | permit from the Agency for any modifications made to the source | 8 | | to comply with the requirements of this amendatory Act of the | 9 | | 101st General Assembly, including, but not limited to, | 10 | | installation of a permanent total enclosure, modification of | 11 | | airflow to create negative pressure within the source, and | 12 | | addition of one or more control devices. Additionally, the | 13 | | owner or operator of the ethylene oxide sterilization source | 14 | | must apply for and obtain from the Agency a modification of the | 15 | | source's operating permit to incorporate such modifications | 16 | | made to the source. Both the construction permit and operating | 17 | | permit must include a limit on ethylene oxide usage at the | 18 | | source. | 19 | | (h) The owner or operator of an ethylene oxide | 20 | | sterilization source must notify the Agency within 5 days after | 21 | | discovering any deviation from any of the requirements in this | 22 | | Section or deviations from any applicable requirements | 23 | | concerning ethylene oxide that are set forth in this Act, | 24 | | United States Environmental Protection Agency rules, or Board | 25 | | rules. Within 30 days after the Agency receives such | 26 | | notification, the Agency must post a notice on its website and |
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| 1 | | notify the members of the General Assembly from the Legislative | 2 | | and Representative Districts in which the source in question is | 3 | | located, the county board members of the county in which the | 4 | | source in question is located, the corporate authorities of the | 5 | | municipality in which the source in question is located, and | 6 | | the Illinois Department of Public Health. | 7 | | (i) The Agency must conduct at least one unannounced | 8 | | inspection of all ethylene oxide sterilization sources subject | 9 | | to this Section per year. Nothing in this Section shall limit | 10 | | the Agency's authority under other provisions of this Act to | 11 | | conduct inspections of ethylene oxide sterilization sources.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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