Full Text of HB3888 101st General Assembly
HB3888ham002 101ST GENERAL ASSEMBLY | Rep. Rita Mayfield Adopted in House on Oct 30, 2019
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| 1 | | AMENDMENT TO HOUSE BILL 3888
| 2 | | AMENDMENT NO. ______. Amend House Bill 3888, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Environmental Protection Act is amended by | 6 | | adding Section 9.18 as follows: | 7 | | (415 ILCS 5/9.18 new) | 8 | | Sec. 9.18. Ethylene oxide phase-out. | 9 | | (a) In this Section: | 10 | | "Densely populated location" means a location that does not | 11 | | qualify as a remote location as defined in this subsection. | 12 | | "Ethylene oxide emissions source" means a stationary | 13 | | source that currently, or at any point in the previous 15 | 14 | | years, emits, emitted, or has the potential to emit ethylene | 15 | | oxide into the atmosphere, regardless of the specific emissions | 16 | | source. "Ethylene oxide emissions source" does not include an |
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| 1 | | ethylene oxide sterilization source, hospital, or natural | 2 | | biological source such as the human body, plant, or animal. | 3 | | "Ethylene oxide sterilization operation" means the process | 4 | | of using ethylene oxide to make one or more items free from | 5 | | microorganisms, pathogens, or both microorganisms and | 6 | | pathogens. | 7 | | "Ethylene oxide sterilization source" means a stationary | 8 | | source where operations include ethylene oxide sterilization | 9 | | operations and that currently, or at any point in the previous | 10 | | 15 years, emits, emitted, or has the potential to emit ethylene | 11 | | oxide into the atmosphere, regardless of its emissions source. | 12 | | "Ethylene oxide sterilization source" does not include a | 13 | | hospital as defined in this subsection. | 14 | | "Hospital" means a hospital licensed under the Hospital | 15 | | Licensing Act or operated under the University of Illinois | 16 | | Hospital Act. | 17 | | "Remote location" means a location removed from | 18 | | populations especially vulnerable to the emission of ethylene | 19 | | oxide. "Remote location" only includes a location meeting the | 20 | | requirements of the following paragraphs (1) or (2). | 21 | | (1) In counties with an average population density of | 22 | | less than 1,000 people per square mile, the location must | 23 | | be: | 24 | | (A) at the center of a 5 mile radius within which | 25 | | there is a population density of 100 people or fewer | 26 | | per square mile; and |
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| 1 | | (B) at least 5 miles from the nearest registered | 2 | | day care or school serving students in grades preschool | 3 | | through 12 and in existence before October 1, 2019. | 4 | | (2) In counties with an average population density | 5 | | equal to or greater than 1,000 people per square mile, the | 6 | | location must be: | 7 | | (A) at the center of a 10 mile radius within which | 8 | | there is a population density of 100 people or fewer | 9 | | per square mile; and | 10 | | (B) at least 10 miles from the nearest registered | 11 | | day care or school serving students in grades preschool | 12 | | through 12 and in existence before October 1, 2019. | 13 | | (b) Ethylene oxide sterilization sources are subject to the | 14 | | following requirements: | 15 | | (1) On and after January 1, 2021, no ethylene oxide | 16 | | sterilization source in a densely populated location shall | 17 | | conduct ethylene oxide sterilization operations that | 18 | | result in the emission of ethylene oxide or propylene | 19 | | oxide. | 20 | | (2) On and after January 1, 2021, no ethylene oxide | 21 | | sterilization source in a remote location shall emit more | 22 | | than 30 pounds of ethylene oxide or 30 pounds of propylene | 23 | | oxide annually. | 24 | | (3) Within 90 days after the effective date of this | 25 | | amendatory Act of the 101st General Assembly, each ethylene | 26 | | oxide sterilization source shall submit a letter to the |
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| 1 | | Agency stating whether they intend to modify or phase out | 2 | | the emissions of ethylene oxide consistent with their | 3 | | obligations established under this Section. Upon receipt | 4 | | by the Agency, the Agency shall make the letter publicly | 5 | | available on the Agency's website. | 6 | | (4) No ethylene oxide sterilization source shall | 7 | | conduct ethylene oxide sterilization operations or other | 8 | | activities that cause ethylene oxide or propylene oxide | 9 | | emissions unless the owner or operator of the ethylene | 10 | | oxide sterilization source submits for review and approval | 11 | | by the Agency a plan describing how the owner or operator | 12 | | will continuously collect emissions information. The plan | 13 | | must also specify locations at the source from which | 14 | | emissions will be collected and identify equipment used for | 15 | | their collection and analysis, including the equipment's | 16 | | individual system components. Emissions monitoring | 17 | | equipment must be tested and validated at least once in any | 18 | | 12-month period and the results forwarded to the Agency. | 19 | | (5) In issuing the applicable permits to ethylene oxide | 20 | | sterilization sources, the Agency shall include | 21 | | limitations, informed by each ethylene oxide sterilization | 22 | | source's risk management plan, on the amount of ethylene | 23 | | oxide that may be stored on-site to protect public health, | 24 | | public safety, and the environment. Prior to issuing the | 25 | | applicable permits, the Agency shall require the | 26 | | submission of documentation demonstrating that the permit |
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| 1 | | applicant is in compliance, and will maintain compliance, | 2 | | with local, State, and federal law governing the storage of | 3 | | ethylene oxide. All permits issued by the Agency shall | 4 | | grant the Agency the authority to modify the permit to | 5 | | change limitations on the amount of ethylene oxide that can | 6 | | be stored on-site at any time and to modify storage | 7 | | practices or equipment requirements. All permits issued by | 8 | | the Agency shall grant the Agency the right to conduct | 9 | | unannounced inspections. The Agency shall conduct at least | 10 | | one unannounced inspection annually of the ethylene oxide | 11 | | storage system for each permit holder. | 12 | | (6) Ethylene oxide sterilization sources shall be | 13 | | required to submit or resubmit a risk management plan to | 14 | | the Agency within 90 days of the effective date of this | 15 | | amendatory Act of the 101st General Assembly, on or before | 16 | | December 31, 2020, and on or before December 31 of every | 17 | | fifth year thereafter. | 18 | | (c) Hospitals are subject to the following requirements: | 19 | | (1) On and after January 1, 2023, any hospital | 20 | | designated as a critical access hospital by the Centers for | 21 | | Medicare and Medicaid Services under the federal Balanced | 22 | | Budget Act of 1997 shall not conduct ethylene oxide | 23 | | sterilization operations. | 24 | | (2) On and after January 1, 2022, any hospital not | 25 | | designated as a critical access hospital by the Centers for | 26 | | Medicare and Medicaid Services shall not conduct ethylene |
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| 1 | | oxide sterilization operations. | 2 | | (3) Within 90 days after the effective date of this | 3 | | amendatory Act of the 101st General Assembly, any hospital | 4 | | conducting ethylene oxide sterilization operations shall | 5 | | submit a letter to the Agency committing the hospital to | 6 | | phase out the emissions of ethylene oxide by applicable | 7 | | deadlines established under this Section. | 8 | | (d) Ethylene oxide emissions sources are subject to the | 9 | | following requirements: | 10 | | (1) On and after January 1, 2021, no ethylene oxide | 11 | | emissions source in a densely populated location shall | 12 | | conduct operations or other activities that emit ethylene | 13 | | oxide in excess of 30 pounds annually and 3 pounds monthly. | 14 | | (2) Beginning 90 days after the effective date of this | 15 | | amendatory Act of the 101st General Assembly, no ethylene | 16 | | oxide emissions source shall conduct activities that cause | 17 | | ethylene oxide emissions unless the owner or operator | 18 | | submits for review and approval by the Agency a plan | 19 | | describing how the ethylene oxide emissions source will | 20 | | continuously collect emissions information. Each ethylene | 21 | | oxide emissions source must specify in its plan all | 22 | | locations at which ethylene oxide may enter the atmosphere | 23 | | at each emissions source and shall install proper | 24 | | monitoring equipment. The equipment for monitoring and | 25 | | collecting emissions must be installed and the owner or | 26 | | operator of the ethylene oxide emissions source must begin |
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| 1 | | reporting the results to the Agency within 120 days of the | 2 | | effective date of this amendatory Act of the 101st General | 3 | | Assembly. The plan must also specify locations at the | 4 | | source from which emissions will be collected and identify | 5 | | equipment used for collection and analysis, including the | 6 | | equipment's individual system components. The emissions | 7 | | monitoring equipment must be tested and validated at least | 8 | | once in any 12-month period and the results forwarded to | 9 | | the Agency. | 10 | | (A) The owner or operator of an ethylene oxide | 11 | | emissions source must provide a notice of acceptance of | 12 | | any conditions added by the Agency to the plan, or | 13 | | correct any deficiencies identified by the Agency in | 14 | | the plan, within 10 business days after receiving the | 15 | | Agency's conditional acceptance or denial of the plan. | 16 | | (B) Upon the Agency's approval of the plan, the | 17 | | owner or operator of the ethylene oxide emissions | 18 | | source shall implement the plan in accordance with its | 19 | | approved terms. | 20 | | (3) Each ethylene oxide emissions source shall report | 21 | | to the Agency the amount of ethylene oxide used and the | 22 | | ethylene oxide emissions created at the ethylene oxide | 23 | | emissions source annually. All reports submitted to the | 24 | | Agency shall include documentation necessary to verify the | 25 | | quantity used and purchased by the ethylene oxide emissions | 26 | | source. |
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| 1 | | (4) In issuing the applicable permits to ethylene oxide | 2 | | emissions sources, the Agency shall include limitations, | 3 | | informed by each ethylene oxide emissions source's risk | 4 | | management plan, on the amount of ethylene oxide that may | 5 | | be stored on-site to protect public health, public safety, | 6 | | and the environment. The unit of local government in which | 7 | | the ethylene oxide emissions source is located may regulate | 8 | | the storage of ethylene oxide in a manner that is more | 9 | | restrictive or matches the standards established by the | 10 | | Agency. Prior to issuing the applicable permits, the Agency | 11 | | shall require the submission of documentation | 12 | | demonstrating that the permit applicant is in compliance, | 13 | | and will maintain compliance, with local, State, and | 14 | | federal law governing the storage of ethylene oxide. All | 15 | | permits issued by the Agency shall grant the Agency the | 16 | | authority to modify the permit to change limitations on the | 17 | | amount of ethylene oxide that can be stored on-site at any | 18 | | time and to modify storage practices or equipment | 19 | | requirements. All permits issued by the Agency shall grant | 20 | | the Agency the right to conduct unannounced inspections. | 21 | | The Agency shall conduct at least one unannounced | 22 | | inspection annually of the ethylene oxide storage system | 23 | | for each permit holder. | 24 | | (5) The Agency shall set annual emissions limitations | 25 | | on ethylene oxide emissions that are equal to or lesser | 26 | | than the maximums established under this Section for all |
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| 1 | | ethylene oxide emissions sources. The limitations shall be | 2 | | set to provide maximum protection for public health without | 3 | | consideration of financial cost. No ethylene oxide | 4 | | emissions source shall conduct operations or other | 5 | | activities that emit ethylene oxide in excess of 150 pounds | 6 | | annually. | 7 | | (6) In establishing the annual emissions limitation on | 8 | | ethylene oxide emissions sources in remote locations, the | 9 | | Agency shall consider the health and safety of children in | 10 | | rural schools. On and after January 1, 2021, no ethylene | 11 | | oxide emissions source in a remote location shall conduct | 12 | | operations or other activities that emit ethylene oxide in | 13 | | excess of 30 pounds annually and 3 pounds monthly if the | 14 | | emissions source is within 5 miles of the nearest | 15 | | registered day care or school serving students in grades | 16 | | preschool through 12 and in existence before October 1, | 17 | | 2019. | 18 | | (7) Ethylene oxide emissions sources shall be required | 19 | | to submit or resubmit a risk management plan to the Agency | 20 | | within 90 days of the effective date of this amendatory Act | 21 | | of the 101st General Assembly, on or before December 31, | 22 | | 2020, and on or before December 31 of every fifth year | 23 | | thereafter. | 24 | | (e) On and after January 1, 2022, the maximum cumulative | 25 | | emissions in a densely populated location from any sum of | 26 | | ethylene oxide emissions sources, hospitals, and ethylene |
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| 1 | | oxide sterilization sources located within 3 and one half miles | 2 | | of each other shall not exceed 35 pounds annually, inclusive of | 3 | | any emissions not emanating from any stack. The Agency shall | 4 | | set emissions limitations for individual ethylene oxide | 5 | | emissions sources to comply with this requirement. If multiple | 6 | | applicants request to emit ethylene oxide in a collective sum | 7 | | that is greater than the annual collective maximum regional | 8 | | emissions established under this subsection, the Agency shall | 9 | | prioritize applicants seeking to provide medical services, | 10 | | such as hospitals and ethylene oxide sterilization sources that | 11 | | sterilize medical products. | 12 | | (f) The Agency shall conduct a comprehensive review of | 13 | | ethylene oxide use and emissions within the State of Illinois. | 14 | | The Agency shall submit its findings in a report to the General | 15 | | Assembly and make the report publicly available on the Agency's | 16 | | website on or before June 30, 2021. At a minimum, the report | 17 | | shall include the following: | 18 | | (1) A comprehensive assessment of where ethylene oxide | 19 | | is used at levels that may cause measurable emissions. | 20 | | (2) The Agency's recommendations for future | 21 | | administrative actions, regulations, or legislation | 22 | | pertaining to ethylene oxide, designed to provide maximum | 23 | | protection to public health. | 24 | | (3) The Agency's assessment of the risk to human health | 25 | | and environmental damage that can be caused by exposure to | 26 | | ethylene oxide. |
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| 1 | | Section 97. Severability. The provisions of this Act are | 2 | | severable under Section 1.31 of the Statute on Statutes.".
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