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90_SB0347ham001
LRB9002370DPcwam
1 AMENDMENT TO SENATE BILL 347
2 AMENDMENT NO. . Amend Senate Bill 347 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Chemical Safety Act by
5 changing Sections 3 and 4."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Chemical Safety Act is amended
9 by changing Sections 3 and 4 as follows:
10 (430 ILCS 45/3) (from Ch. 111 1/2, par. 953)
11 Sec. 3. Definitions. For the purposes of this Act:
12 "Agency" means the Illinois Environmental Protection
13 Agency.
14 "Business" means any individual, partnership,
15 corporation, or association in the State engaged in a
16 business operation that has 5 or more full-time employees, or
17 20 or more part-time employees, and that is properly assigned
18 or included within one of the following Standard Industrial
19 Classifications (SIC), as designated in the Standard
20 Industrial Classification Manual prepared by the Federal
21 Office of Management and Budget:
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1 2295 Coated fabrics, not rubberized;
2 2491 Wood preserving;
3 2671. Packaging paper and plastics film, coated and
4 laminated;
5 2672 Coated and laminated paper, not elsewhere
6 classified;
7 2812 Alkalies and chlorine;
8 2813 Industrial gases;
9 2819 Industrial inorganic chemicals, not elsewhere
10 classified;
11 2821 Plastic materials, synthetic resins, and
12 non-vulcanizable elastomers;
13 2834 Pharmaceutical preparations;
14 2842 Specialty cleaning, polishing and sanitation
15 preparations;
16 2851 Paints, varnishes, lacquers, enamels, and allied
17 products;
18 2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
19 dyes and organic pigments (lakes and toners);
20 2869 Industrial organic chemicals, not elsewhere
21 classified;
22 2873 Nitrogenous fertilizer;
23 2874 Phosphatic fertilizers;
24 2879 Pesticides and agricultural chemicals, not elsewhere
25 classified;
26 2891 Adhesives and sealants;
27 2892 Explosives;
28 2911 Petroleum refining;
29 2952 Asphalt felts and coatings;
30 2999 Products of petroleum and coal, not elsewhere
31 classified;
32 3081. Unsupported plastics, film and sheet;
33 3082 Unsupported plastics profile shapes;
34 3083 Laminated plastics plate, sheet and profile shapes;
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1 3084 Plastic pipe;
2 3085 Plastic bottles;
3 3086 Plastic foam products;
4 3087 Custom compounding of purchased plastic resin;
5 3088 Plastic plumbing fixtures;
6 3089 Plastic products, not elsewhere classified;
7 3111 Leather tanning and finishing;
8 3339 Primary smelting and refining of nonferrous metals,
9 except copper and aluminum;
10 3432 Plumbing fixture fittings and trim;
11 3471 Electroplating, plating, polishing, anodizing and
12 coloring;
13 4953 Refuse systems;
14 5085 Industrial supplies;
15 5162 Plastic materials and basic forms and shapes;
16 5169 Chemicals and allied products, not elsewhere
17 classified;
18 5171 Petroleum bulk stations and terminals;
19 5172 Petroleum and petroleum products, wholesalers,
20 except bulk stations and terminals.
21 For the purposes of this Act, the SIC Code that a
22 business uses for determining its coverage under The
23 Unemployment Insurance Act shall be the SIC Code for
24 determining the applicability of this Act. On an annual
25 basis, the Department of Employment Security shall provide
26 the IEMA with a list of those regulated facilities covered by
27 the above mentioned SIC codes.
28 "Business" also means any facility not covered by the
29 above SIC codes that is subject to the provisions of Section
30 302 of the federal Emergency Planning and Community
31 Right-to-Know Act of 1986 and that is found by the Agency to
32 use, store, or manufacture a chemical substance in a quantity
33 that poses a threat to the environment or public health.
34 Such a determination shall be based on an on-site inspection
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1 conducted by the Agency and certified to the IEMA. The
2 Agency shall also conduct inspections at the request of IEMA
3 or upon a written request setting forth a justification to
4 the IEMA from the chairman of the local emergency planning
5 committee upon recommendation of the committee. The IEMA
6 shall transmit a copy of the request to the Agency. The
7 Agency may, in the event of a reportable release that occurs
8 at any facility operated or owned by a business not covered
9 by the above SIC codes, conduct inspections if the site
10 hazard appears to warrant such action. The above
11 notwithstanding, any farm operation shall not be considered
12 as a facility subject to this definition.
13 "Chemical name" means the scientific designation of a
14 chemical in accordance with the nomenclature system developed
15 by the International Union of Pure and Applied Chemistry
16 (IUPAC) or the American Chemical Society's Chemical Abstracts
17 Service (CAS) rules of nomenclature, or a name that will
18 clearly identify the chemical for hazard evaluation purposes.
19 "Chemical substance" means any "extremely hazardous
20 substance" listed in Appendix A of 40 C.F.R. Part 355 that is
21 present at a facility in an amount in excess of its threshold
22 planning quantity, as defined by the federal Emergency
23 Planning and Community Right-to-Know Act of 1986, any
24 "hazardous substance" listed in 40 C.F.R. Section 302.4 that
25 is present at a facility in an amount in excess of its
26 reportable quantity or in excess of its threshold planning
27 quantity if it is also an "extremely hazardous substance", as
28 defined by the Environmental Protection Act and any petroleum
29 including crude oil or any fraction thereof that is present
30 at a facility in an amount exceeding 100 pounds unless it is
31 specifically listed as a "hazardous substance" or an
32 "extremely hazardous substance". "Chemical substance" does
33 not mean any substance to the extent it is used for personal,
34 family, or household purposes or to the extent it is present
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1 in the same form and concentration as a product packaged for
2 distribution to and use by the general public.
3 "IEMA" means the Illinois Emergency Management Agency.
4 "Facility" means the buildings and all real property
5 contiguous thereto, and the equipment at a single location
6 used for the conduct of business.
7 "Local emergency planning committee" means the committee
8 that is appointed for an emergency planning district under
9 the provisions of Section 301 of the federal Emergency
10 Planning and Community Right-to-Know Act of 1986.
11 "Release" means any sudden spilling, leaking, pumping,
12 pouring, emitting, escaping, emptying, discharging,
13 injecting, leaching, dumping, or disposing into the
14 environment beyond the boundaries of a facility, but excludes
15 the following:
16 (a) Any release that results in exposure to persons
17 solely within a workplace, with respect to a claim that
18 such persons may assert against their employer.
19 (b) Emissions from the engine exhaust of a motor
20 vehicle, rolling stock, aircraft, vessel, or pipeline
21 pumping station engine.
22 (c) Release of source, byproduct, or special
23 nuclear material from a nuclear incident, as those terms
24 are defined in the Atomic Energy Act of 1954, if the
25 release is subject to requirements with respect to
26 financial protection established by the Nuclear
27 Regulatory Commission under Section 170 of the Atomic
28 Energy Act of 1954.
29 (d) The normal application of fertilizer.
30 "Significant release" means any release which is so
31 designated in writing by the Agency or the IEMA based upon an
32 inspection at the site of an emergency incident, or any
33 release which results in any evacuation, hospitalization, or
34 fatalities of the public.
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1 (Source: P.A. 86-548; 87-168.)
2 (430 ILCS 45/4) (from Ch. 111 1/2, par. 954)
3 Sec. 4. Chemical Safety Contingency Plans.
4 (a) After July 1, 1986, no business shall operate a
5 facility without a written Chemical Safety Contingency Plan
6 unless exempted from this requirement under subsection (f) or
7 otherwise included under the requirements of subsection (g)
8 of this Section. At least one copy of the current plan shall
9 be maintained at the facility at all times. The plan shall
10 be reviewed by the business no less than annually, and
11 changes from the previous year's plan shall be clearly
12 identified, if such changes are necessary.
13 (b) The Chemical Safety Contingency Plan shall, at a
14 minimum, include the following:
15 (1) A listing of the chemical substances that may
16 be released at the facility, including both the chemical
17 names and corresponding trade names, if any, and a brief
18 description of the manner in which the substances are
19 stored and used. This listing is not intended to include
20 substances that are reasonably expected to be innocuous
21 under the circumstances of their use or any release. In
22 the case of mixtures of substances, the business may rely
23 upon labeling in determining the need for listing.
24 (2) Information on the probable nature and routes
25 of any releases of these substances, and the possible
26 causes of any of the releases.
27 (3) The response procedures to be followed at the
28 facility and for notifying local emergency response
29 agencies, including but not limited to on-site alarm
30 systems, on-site evacuation plans, and arrangements made
31 under Section 5 to coordinate emergency services with
32 local police departments, fire departments, hospitals,
33 and other local emergency response agencies.
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1 (4) A list of names, addresses, and phone numbers
2 (office and home) of appropriate persons qualified to act
3 as the facility's emergency coordinator and alternate
4 coordinator; if more than 2 persons are listed, the
5 persons must be listed in the order in which they will
6 assume responsibility as alternates.
7 (5) A list of emergency equipment at the facility,
8 such as fire extinguishing systems and decontamination
9 equipment, including the location and description of each
10 item of equipment.
11 (c) No later than July 1, 1986, and whenever the plan is
12 changed, one copy of the current Chemical Safety Contingency
13 Plan for each facility shall be provided by each business to
14 the appropriate local fire, police or other emergency
15 response agency as determined by the local response plan or
16 by agreement. After submission, the plan shall be made
17 available for inspection by the public during normal
18 operating hours. The IEMA may by rule under Section 5 of
19 this Act require the business to provide copies of the
20 Chemical Safety Contingency Plan to additional entities.
21 (d) For each facility, a business shall notify IEMA of
22 compliance with subsection (c) no later than July 15, 1986,
23 and whenever the plan is changed.
24 (e) On an annual basis, the appropriate local response
25 agency may notify a business in writing that a chemical
26 substance, that is not listed in the plan but is present at
27 the facility, must be included within 60 days. In issuing
28 the notice, the local response agency shall consider the
29 quantity, phase (gas, liquid or solid) and relative toxicity
30 of the chemical substance, and the potential for a release to
31 result in acute impacts on human health or the environment.
32 The requirement shall be binding upon the business unless,
33 within 15 days of receipt of the notification, the business
34 submits to the IEMA a written request for reconsideration,
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1 including the reasons therefor. In consultation with the
2 Agency, the IEMA shall, within 30 days of the receipt of the
3 request, notify the business and the local response agency in
4 writing regarding the final determination. This final
5 determination shall take effect following the 35th day after
6 receipt by the business of notice of the determination,
7 unless prior to such date the business or the local response
8 agency files a petition for review of the decision under the
9 Administrative Review Law.
10 (f) The IEMA may issue an exemption to a business from
11 the requirements of subsection (a) for any facility that
12 uses, stores, or manufactures any chemical substance in an
13 innocuous amount that is not likely to result in a release
14 that threatens the environment or the public health. An
15 exemption shall be issued only on the basis of an on-site
16 inspection of the facility conducted by the Agency, or upon
17 written certification by the business that is verified by the
18 Agency, and certified to the IEMA after providing 60 days
19 notice to the appropriate local emergency planning committee.
20 If an objection to the exemption is filed by the local
21 emergency planning committee, the IEMA may not further act
22 until the objection is resolved. Exemptions shall be valid
23 for not more than 2 years, but may be renewed upon written
24 request.
25 The IEMA may cancel any exemption at any time by sending
26 written notice to the business that operates the facility.
27 If action is taken to cancel an exemption, the business shall
28 comply with subsection (a) within 90 days.
29 A business that has been granted an exemption for a
30 facility shall notify the IEMA within 30 days after using,
31 storing, or manufacturing any chemical substance in greater
32 than innocuous amounts.
33 (g) No business, that has been notified in writing by
34 the IEMA of the applicability of this Act under the last
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1 paragraph of the definition of "business" in Section 3, shall
2 operate a facility after 90 days after the receipt of the
3 notification without a written Chemical Safety Contingency
4 Plan. The plan shall, at a minimum, include the following:
5 (1) A listing of those extremely hazardous
6 substances, that are present in an amount in excess of
7 the threshold planning quantity, as defined by the
8 Federal Emergency Planning and Community Right-to-Know
9 Act of 1986, unless the business is a chemical and allied
10 products terminal (SIC 5169) or a petroleum and petroleum
11 products wholesaler/terminal (SIC 5172). For these types
12 of terminal facilities, the listing shall include those
13 chemical substances as required under paragraph (1) of
14 subsection (b), except that the substances that are
15 present at a facility for not more than 14 consecutive
16 days may be listed categorically by USDOT Hazard Class.
17 (2) The information, procedures, and listings as
18 required under paragraphs (2), (3), (4), and (5) of
19 subsection (b).
20 At least one copy of the current plan shall be maintained
21 at each facility at all times, and the plan shall be reviewed
22 by each business no less often than annually. Upon initial
23 preparation, and whenever the plan is changed, one copy of
24 the current plan shall be provided by each business to the
25 appropriate local fire, police, or other emergency response
26 agency. For each facility, a business shall notify IEMA of
27 compliance with this subsection no later than 15 days after
28 the initial 90 day period, and whenever the plan is changed.
29 (Source: P.A. 87-168.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.".