Full Text of SB1617 97th General Assembly
SB1617eng 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 22.56 as follows: | 6 | | (415 ILCS 5/22.56 new) | 7 | | Sec. 22.56. 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) The following shall apply until January 1, 2030: | 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) On and after January 1, 2030, no person shall install | 22 | | or operate a perchloroethylene drycleaning machine. | 23 | | (d) Beginning January 1, 2013, no person shall operate a | 24 | | drycleaning machine unless all of the following are met: | 25 | | (1) During the operation of the machine, a person with | 26 | | the following training is present at the facility where the |
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| 1 | | machine is located: | 2 | | (A) Successful completion of an initial | 3 | | environmental training course that is approved by the | 4 | | Dry Cleaner Environmental Response Trust Fund Council, | 5 | | in consultation with the Agency, as providing | 6 | | appropriate training on drycleaning best management | 7 | | practices, including, but not limited to, reducing | 8 | | solvent air emissions, reducing solvent spills and | 9 | | leaks, protecting groundwater, and promoting the | 10 | | efficient use of solvents. | 11 | | (B) Once every 4 years after completion of the | 12 | | initial environmental training course, successful | 13 | | completion of a refresher environmental training | 14 | | course that is approved by the Dry Cleaner | 15 | | Environmental Response Trust Fund Council, in | 16 | | consultation with the Agency, as providing (i) | 17 | | appropriate review and updates on drycleaning best | 18 | | management practices, including, but not limited to, | 19 | | reducing solvent air emissions, reducing solvent | 20 | | spills and leaks, protecting groundwater, and | 21 | | promoting the efficient use of solvents, and (ii) until | 22 | | January 1, 2030, information on drycleaning solvents, | 23 | | technologies, and alternatives that do not utilize | 24 | | perchloroethylene. | 25 | | (2) Proof of successful completion of the training | 26 | | required under paragraph (1) of subsection (d) of this |
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| 1 | | Section is maintained at the drycleaning facility. Proof of | 2 | | successful completion of the training must be made | 3 | | available for inspection and copying by the Agency or units | 4 | | of local government during normal business hours. | 5 | | (3) All of the following secondary containment | 6 | | measures are in place: | 7 | | (A) There is a containment dike or other | 8 | | containment structure around each machine, item of | 9 | | equipment, drycleaning area, and portable waste | 10 | | container in which any drycleaning solvent is | 11 | | utilized, which shall be capable of containing leaks, | 12 | | spills, or releases of drycleaning solvent from that | 13 | | machine, item, area, or container. The containment | 14 | | dike or other containment structure shall be capable of | 15 | | at least the following: (i) containing a capacity of | 16 | | 110% of the drycleaning solvent in the largest tank or | 17 | | vessel within the machine; (ii) containing 100% of the | 18 | | drycleaning solvent of each item of equipment or | 19 | | drycleaning area; and (iii) containing 100% of the | 20 | | drycleaning solvent of the largest portable waste | 21 | | container or at least 10% of the total volume of the | 22 | | portable waste containers stored within the | 23 | | containment dike or structure, whichever is greater. | 24 | | Petroleum underground storage tank systems that are | 25 | | upgraded in accordance with USEPA upgrade standards | 26 | | pursuant to 40 CFR Part 280 for the tanks and related |
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| 1 | | piping systems and use a leak detection system approved | 2 | | by the USEPA or the Agency are exempt from this | 3 | | subparagraph (A). | 4 | | (B) Those portions of diked floor surfaces on which | 5 | | a drycleaning solvent may leak, spill, or otherwise be | 6 | | released have been sealed or otherwise rendered | 7 | | impervious. | 8 | | (C) All chlorine-based drycleaning solvent is | 9 | | delivered to the drycleaning facility by means of | 10 | | closed, direct-coupled delivery systems. The Dry | 11 | | Cleaner Environmental Response Trust Fund Council may | 12 | | adopt rules specifying methods of delivery of solvents | 13 | | other than chlorine-based solvents to drycleaning | 14 | | facilities. Solvents other than chlorine-based | 15 | | solvents must be delivered to drycleaning facilities | 16 | | in accordance with rules adopted by the Dry Cleaner | 17 | | Environmental Response Trust Fund Council. | 18 | | (e) Manufacturers of drycleaning solvents or other | 19 | | cleaning agents used as alternatives to perchloroethylene | 20 | | drycleaning that are sold or offered for sale in Illinois must, | 21 | | in accordance with Agency rules, provide to the Agency | 22 | | sufficient information that will allow the Agency to determine | 23 | | whether the drycleaning solvents or cleaning agents may pose | 24 | | negative impacts to human health or the environment. These | 25 | | alternatives shall include, but are not limited to, drycleaning | 26 | | solvents or other cleaning agents used in solvent-based |
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| 1 | | cleaning, carbon-dioxide based cleaning, and professional wet | 2 | | cleaning methods. The information shall include, but is not | 3 | | limited to, information regarding the physical and chemical | 4 | | properties of the drycleaning solvents or cleaning agents and | 5 | | toxicity data. No later than July 1, 2013, the Agency shall | 6 | | adopt rules specifying the information that manufacturers must | 7 | | submit under this subsection (e). The rules must include, but | 8 | | shall not be limited to, a deadline for submission of the | 9 | | information to the Agency. The Agency shall post information | 10 | | resulting from its review of the drycleaning solvents and | 11 | | cleaning agents on the Agency's website. | 12 | | (f) In order to provide drycleaners with information about | 13 | | alternatives to the use of perchlorethylene in drycleaning, the | 14 | | Agency shall review alternatives to determine whether they (i) | 15 | | are allowed by law and (ii) may pose negative impacts to human | 16 | | health or the environment. The Agency shall conduct its review | 17 | | at least 3 times: by January 1, 2015, by January 1, 2021, and | 18 | | by January 1, 2028. The Agency shall post information resulting | 19 | | from these reviews on its website and otherwise distribute the | 20 | | information to drycleaners. | 21 | | (g) Prior to January 1, 2030, but no earlier than January | 22 | | 1, 2028, the drycleaning industry, in consultation with the | 23 | | Agency, may recommend to the General Assembly a delay in the | 24 | | deadline set forth in subsection (c) of this Section if | 25 | | technically and economically feasible alternatives to the use | 26 | | of perchloroethylene drycleaning machines will not be |
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| 1 | | available by January 1, 2030.
| 2 | | Section 99. Effective date. This Act takes effect January | 3 | | 1, 2012.
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