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90_SB0347enr
430 ILCS 45/10 from Ch. 111 1/2, par. 960
Amends the Illinois Chemical Safety Act to make a
technical change.
LRB9002370DPcc
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1 AN ACT to amend the Illinois Chemical Safety Act by
2 changing Sections 3 and 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Chemical Safety Act is amended
6 by changing Sections 3 and 4 as follows:
7 (430 ILCS 45/3) (from Ch. 111 1/2, par. 953)
8 Sec. 3. Definitions. For the purposes of this Act:
9 "Agency" means the Illinois Environmental Protection
10 Agency.
11 "Business" means any individual, partnership,
12 corporation, or association in the State engaged in a
13 business operation that has 5 or more full-time employees, or
14 20 or more part-time employees, and that is properly assigned
15 or included within one of the following Standard Industrial
16 Classifications (SIC), as designated in the Standard
17 Industrial Classification Manual prepared by the Federal
18 Office of Management and Budget:
19 2295 Coated fabrics, not rubberized;
20 2491 Wood preserving;
21 2671. Packaging paper and plastics film, coated and
22 laminated;
23 2672 Coated and laminated paper, not elsewhere
24 classified;
25 2812 Alkalies and chlorine;
26 2813 Industrial gases;
27 2819 Industrial inorganic chemicals, not elsewhere
28 classified;
29 2821 Plastic materials, synthetic resins, and
30 non-vulcanizable elastomers;
31 2834 Pharmaceutical preparations;
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1 2842 Specialty cleaning, polishing and sanitation
2 preparations;
3 2851 Paints, varnishes, lacquers, enamels, and allied
4 products;
5 2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
6 dyes and organic pigments (lakes and toners);
7 2869 Industrial organic chemicals, not elsewhere
8 classified;
9 2873 Nitrogenous fertilizer;
10 2874 Phosphatic fertilizers;
11 2879 Pesticides and agricultural chemicals, not elsewhere
12 classified;
13 2891 Adhesives and sealants;
14 2892 Explosives;
15 2911 Petroleum refining;
16 2952 Asphalt felts and coatings;
17 2999 Products of petroleum and coal, not elsewhere
18 classified;
19 3081. Unsupported plastics, film and sheet;
20 3082 Unsupported plastics profile shapes;
21 3083 Laminated plastics plate, sheet and profile shapes;
22 3084 Plastic pipe;
23 3085 Plastic bottles;
24 3086 Plastic foam products;
25 3087 Custom compounding of purchased plastic resin;
26 3088 Plastic plumbing fixtures;
27 3089 Plastic products, not elsewhere classified;
28 3111 Leather tanning and finishing;
29 3339 Primary smelting and refining of nonferrous metals,
30 except copper and aluminum;
31 3432 Plumbing fixture fittings and trim;
32 3471 Electroplating, plating, polishing, anodizing and
33 coloring;
34 4953 Refuse systems;
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1 5085 Industrial supplies;
2 5162 Plastic materials and basic forms and shapes;
3 5169 Chemicals and allied products, not elsewhere
4 classified;
5 5171 Petroleum bulk stations and terminals;
6 5172 Petroleum and petroleum products, wholesalers,
7 except bulk stations and terminals.
8 For the purposes of this Act, the SIC Code that a
9 business uses for determining its coverage under The
10 Unemployment Insurance Act shall be the SIC Code for
11 determining the applicability of this Act. On an annual
12 basis, the Department of Employment Security shall provide
13 the IEMA with a list of those regulated facilities covered by
14 the above mentioned SIC codes.
15 "Business" also means any facility not covered by the
16 above SIC codes that is subject to the provisions of Section
17 302 of the federal Emergency Planning and Community
18 Right-to-Know Act of 1986 and that is found by the Agency to
19 use, store, or manufacture a chemical substance in a quantity
20 that poses a threat to the environment or public health.
21 Such a determination shall be based on an on-site inspection
22 conducted by the Agency and certified to the IEMA. The
23 Agency shall also conduct inspections at the request of IEMA
24 or upon a written request setting forth a justification to
25 the IEMA from the chairman of the local emergency planning
26 committee upon recommendation of the committee. The IEMA
27 shall transmit a copy of the request to the Agency. The
28 Agency may, in the event of a reportable release that occurs
29 at any facility operated or owned by a business not covered
30 by the above SIC codes, conduct inspections if the site
31 hazard appears to warrant such action. The above
32 notwithstanding, any farm operation shall not be considered
33 as a facility subject to this definition.
34 "Chemical name" means the scientific designation of a
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1 chemical in accordance with the nomenclature system developed
2 by the International Union of Pure and Applied Chemistry
3 (IUPAC) or the American Chemical Society's Chemical Abstracts
4 Service (CAS) rules of nomenclature, or a name that will
5 clearly identify the chemical for hazard evaluation purposes.
6 "Chemical substance" means any "extremely hazardous
7 substance" listed in Appendix A of 40 C.F.R. Part 355 that is
8 present at a facility in an amount in excess of its threshold
9 planning quantity, as defined by the federal Emergency
10 Planning and Community Right-to-Know Act of 1986, any
11 "hazardous substance" listed in 40 C.F.R. Section 302.4 that
12 is present at a facility in an amount in excess of its
13 reportable quantity or in excess of its threshold planning
14 quantity if it is also an "extremely hazardous substance", as
15 defined by the Environmental Protection Act and any petroleum
16 including crude oil or any fraction thereof that is present
17 at a facility in an amount exceeding 100 pounds unless it is
18 specifically listed as a "hazardous substance" or an
19 "extremely hazardous substance". "Chemical substance" does
20 not mean any substance to the extent it is used for personal,
21 family, or household purposes or to the extent it is present
22 in the same form and concentration as a product packaged for
23 distribution to and use by the general public.
24 "IEMA" means the Illinois Emergency Management Agency.
25 "Facility" means the buildings and all real property
26 contiguous thereto, and the equipment at a single location
27 used for the conduct of business.
28 "Local emergency planning committee" means the committee
29 that is appointed for an emergency planning district under
30 the provisions of Section 301 of the federal Emergency
31 Planning and Community Right-to-Know Act of 1986.
32 "Release" means any sudden spilling, leaking, pumping,
33 pouring, emitting, escaping, emptying, discharging,
34 injecting, leaching, dumping, or disposing into the
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1 environment beyond the boundaries of a facility, but excludes
2 the following:
3 (a) Any release that results in exposure to persons
4 solely within a workplace, with respect to a claim that
5 such persons may assert against their employer.
6 (b) Emissions from the engine exhaust of a motor
7 vehicle, rolling stock, aircraft, vessel, or pipeline
8 pumping station engine.
9 (c) Release of source, byproduct, or special
10 nuclear material from a nuclear incident, as those terms
11 are defined in the Atomic Energy Act of 1954, if the
12 release is subject to requirements with respect to
13 financial protection established by the Nuclear
14 Regulatory Commission under Section 170 of the Atomic
15 Energy Act of 1954.
16 (d) The normal application of fertilizer.
17 "Significant release" means any release which is so
18 designated in writing by the Agency or the IEMA based upon an
19 inspection at the site of an emergency incident, or any
20 release which results in any evacuation, hospitalization, or
21 fatalities of the public.
22 (Source: P.A. 86-548; 87-168.)
23 (430 ILCS 45/4) (from Ch. 111 1/2, par. 954)
24 Sec. 4. Chemical Safety Contingency Plans.
25 (a) After July 1, 1986, no business shall operate a
26 facility without a written Chemical Safety Contingency Plan
27 unless exempted from this requirement under subsection (f) or
28 otherwise included under the requirements of subsection (g)
29 of this Section. At least one copy of the current plan shall
30 be maintained at the facility at all times. The plan shall
31 be reviewed by the business no less than annually, and
32 changes from the previous year's plan shall be clearly
33 identified, if such changes are necessary.
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1 (b) The Chemical Safety Contingency Plan shall, at a
2 minimum, include the following:
3 (1) A listing of the chemical substances that may
4 be released at the facility, including both the chemical
5 names and corresponding trade names, if any, and a brief
6 description of the manner in which the substances are
7 stored and used. This listing is not intended to include
8 substances that are reasonably expected to be innocuous
9 under the circumstances of their use or any release. In
10 the case of mixtures of substances, the business may rely
11 upon labeling in determining the need for listing.
12 (2) Information on the probable nature and routes
13 of any releases of these substances, and the possible
14 causes of any of the releases.
15 (3) The response procedures to be followed at the
16 facility and for notifying local emergency response
17 agencies, including but not limited to on-site alarm
18 systems, on-site evacuation plans, and arrangements made
19 under Section 5 to coordinate emergency services with
20 local police departments, fire departments, hospitals,
21 and other local emergency response agencies.
22 (4) A list of names, addresses, and phone numbers
23 (office and home) of appropriate persons qualified to act
24 as the facility's emergency coordinator and alternate
25 coordinator; if more than 2 persons are listed, the
26 persons must be listed in the order in which they will
27 assume responsibility as alternates.
28 (5) A list of emergency equipment at the facility,
29 such as fire extinguishing systems and decontamination
30 equipment, including the location and description of each
31 item of equipment.
32 (c) No later than July 1, 1986, and whenever the plan is
33 changed, one copy of the current Chemical Safety Contingency
34 Plan for each facility shall be provided by each business to
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1 the appropriate local fire, police or other emergency
2 response agency as determined by the local response plan or
3 by agreement. After submission, the plan shall be made
4 available for inspection by the public during normal
5 operating hours. The IEMA may by rule under Section 5 of
6 this Act require the business to provide copies of the
7 Chemical Safety Contingency Plan to additional entities.
8 (d) For each facility, a business shall notify IEMA of
9 compliance with subsection (c) no later than July 15, 1986,
10 and whenever the plan is changed.
11 (e) On an annual basis, the appropriate local response
12 agency may notify a business in writing that a chemical
13 substance, that is not listed in the plan but is present at
14 the facility, must be included within 60 days. In issuing
15 the notice, the local response agency shall consider the
16 quantity, phase (gas, liquid or solid) and relative toxicity
17 of the chemical substance, and the potential for a release to
18 result in acute impacts on human health or the environment.
19 The requirement shall be binding upon the business unless,
20 within 15 days of receipt of the notification, the business
21 submits to the IEMA a written request for reconsideration,
22 including the reasons therefor. In consultation with the
23 Agency, the IEMA shall, within 30 days of the receipt of the
24 request, notify the business and the local response agency in
25 writing regarding the final determination. This final
26 determination shall take effect following the 35th day after
27 receipt by the business of notice of the determination,
28 unless prior to such date the business or the local response
29 agency files a petition for review of the decision under the
30 Administrative Review Law.
31 (f) The IEMA may issue an exemption to a business from
32 the requirements of subsection (a) for any facility that
33 uses, stores, or manufactures any chemical substance in an
34 innocuous amount that is not likely to result in a release
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1 that threatens the environment or the public health. An
2 exemption shall be issued only on the basis of an on-site
3 inspection of the facility conducted by the Agency, or upon
4 written certification by the business that is verified by the
5 Agency, and certified to the IEMA after providing 60 days
6 notice to the appropriate local emergency planning committee.
7 If an objection to the exemption is filed by the local
8 emergency planning committee, the IEMA may not further act
9 until the objection is resolved. Exemptions shall be valid
10 for not more than 2 years, but may be renewed upon written
11 request.
12 The IEMA may cancel any exemption at any time by sending
13 written notice to the business that operates the facility.
14 If action is taken to cancel an exemption, the business shall
15 comply with subsection (a) within 90 days.
16 A business that has been granted an exemption for a
17 facility shall notify the IEMA within 30 days after using,
18 storing, or manufacturing any chemical substance in greater
19 than innocuous amounts.
20 (g) No business, that has been notified in writing by
21 the IEMA of the applicability of this Act under the last
22 paragraph of the definition of "business" in Section 3, shall
23 operate a facility after 90 days after the receipt of the
24 notification without a written Chemical Safety Contingency
25 Plan. The plan shall, at a minimum, include the following:
26 (1) A listing of those extremely hazardous
27 substances, that are present in an amount in excess of
28 the threshold planning quantity, as defined by the
29 Federal Emergency Planning and Community Right-to-Know
30 Act of 1986, unless the business is a chemical and allied
31 products terminal (SIC 5169) or a petroleum and petroleum
32 products wholesaler/terminal (SIC 5172). For these types
33 of terminal facilities, the listing shall include those
34 chemical substances as required under paragraph (1) of
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1 subsection (b), except that the substances that are
2 present at a facility for not more than 14 consecutive
3 days may be listed categorically by USDOT Hazard Class.
4 (2) The information, procedures, and listings as
5 required under paragraphs (2), (3), (4), and (5) of
6 subsection (b).
7 At least one copy of the current plan shall be maintained
8 at each facility at all times, and the plan shall be reviewed
9 by each business no less often than annually. Upon initial
10 preparation, and whenever the plan is changed, one copy of
11 the current plan shall be provided by each business to the
12 appropriate local fire, police, or other emergency response
13 agency. For each facility, a business shall notify IEMA of
14 compliance with this subsection no later than 15 days after
15 the initial 90 day period, and whenever the plan is changed.
16 (Source: P.A. 87-168.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.