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90_SB0347sam001
LRB9002370DPccam
1 AMENDMENT TO SENATE BILL 347
2 AMENDMENT NO. . Amend Senate Bill 347 on page 1, in
3 line 2, by replacing "Section 10" with "Section 4"; and
4 by replacing everything after the enacting clause with the
5 following:
6 "Section 5. The Illinois Chemical Safety Act is amended
7 by changing Section 4 as follows:
8 (430 ILCS 45/4) (from Ch. 111 1/2, par. 954)
9 Sec. 4. Chemical Safety Contingency Plans.
10 (a) After July 1, 1986, no business shall operate a
11 facility without a written Chemical Safety Contingency Plan
12 unless exempted from this requirement under subsection (f) or
13 (h) or otherwise included under the requirements of
14 subsection (g) of this Section. At least one copy of the
15 current plan shall be maintained at the facility at all
16 times. The plan shall be reviewed by the business no less
17 than annually, and changes from the previous year's plan
18 shall be clearly identified, if such changes are necessary.
19 (b) The Chemical Safety Contingency Plan shall, at a
20 minimum, include the following:
21 (1) A listing of the chemical substances that may
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1 be released at the facility, including both the chemical
2 names and corresponding trade names, if any, and a brief
3 description of the manner in which the substances are
4 stored and used. This listing is not intended to include
5 substances that are reasonably expected to be innocuous
6 under the circumstances of their use or any release. In
7 the case of mixtures of substances, the business may rely
8 upon labeling in determining the need for listing.
9 (2) Information on the probable nature and routes
10 of any releases of these substances, and the possible
11 causes of any of the releases.
12 (3) The response procedures to be followed at the
13 facility and for notifying local emergency response
14 agencies, including but not limited to on-site alarm
15 systems, on-site evacuation plans, and arrangements made
16 under Section 5 to coordinate emergency services with
17 local police departments, fire departments, hospitals,
18 and other local emergency response agencies.
19 (4) A list of names, addresses, and phone numbers
20 (office and home) of appropriate persons qualified to act
21 as the facility's emergency coordinator and alternate
22 coordinator; if more than 2 persons are listed, the
23 persons must be listed in the order in which they will
24 assume responsibility as alternates.
25 (5) A list of emergency equipment at the facility,
26 such as fire extinguishing systems and decontamination
27 equipment, including the location and description of each
28 item of equipment.
29 (c) No later than July 1, 1986, and whenever the plan is
30 changed, one copy of the current Chemical Safety Contingency
31 Plan for each facility shall be provided by each business to
32 the appropriate local fire, police or other emergency
33 response agency as determined by the local response plan or
34 by agreement. After submission, the plan shall be made
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1 available for inspection by the public during normal
2 operating hours. The IEMA may by rule under Section 5 of
3 this Act require the business to provide copies of the
4 Chemical Safety Contingency Plan to additional entities.
5 (d) For each facility, a business shall notify IEMA of
6 compliance with subsection (c) no later than July 15, 1986,
7 and whenever the plan is changed.
8 (e) On an annual basis, the appropriate local response
9 agency may notify a business in writing that a chemical
10 substance, that is not listed in the plan but is present at
11 the facility, must be included within 60 days. In issuing
12 the notice, the local response agency shall consider the
13 quantity, phase (gas, liquid or solid) and relative toxicity
14 of the chemical substance, and the potential for a release to
15 result in acute impacts on human health or the environment.
16 The requirement shall be binding upon the business unless,
17 within 15 days of receipt of the notification, the business
18 submits to the IEMA a written request for reconsideration,
19 including the reasons therefor. In consultation with the
20 Agency, the IEMA shall, within 30 days of the receipt of the
21 request, notify the business and the local response agency in
22 writing regarding the final determination. This final
23 determination shall take effect following the 35th day after
24 receipt by the business of notice of the determination,
25 unless prior to such date the business or the local response
26 agency files a petition for review of the decision under the
27 Administrative Review Law.
28 (f) The IEMA may issue an exemption to a business from
29 the requirements of subsection (a) for any facility that
30 uses, stores, or manufactures any chemical substance in an
31 innocuous amount that is not likely to result in a release
32 that threatens the environment or the public health. An
33 exemption shall be issued only on the basis of an on-site
34 inspection of the facility conducted by the Agency and
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1 certified to the IEMA after providing 60 days notice to the
2 appropriate local emergency planning committee. If an
3 objection to the exemption is filed by the local emergency
4 planning committee, the IEMA may not further act until the
5 objection is resolved. Exemptions shall be valid for not
6 more than 2 years, but may be renewed upon written request.
7 The IEMA may cancel any exemption at any time by sending
8 written notice to the business that operates the facility.
9 If action is taken to cancel an exemption, the business shall
10 comply with subsection (a) within 90 days.
11 A business that has been granted an exemption for a
12 facility shall notify the IEMA within 30 days after using,
13 storing, or manufacturing any chemical substance in greater
14 than innocuous amounts.
15 (g) No business, that has been notified in writing by
16 the IEMA of the applicability of this Act under the last
17 paragraph of the definition of "business" in Section 3, shall
18 operate a facility after 90 days after the receipt of the
19 notification without a written Chemical Safety Contingency
20 Plan. The plan shall, at a minimum, include the following:
21 (1) A listing of those extremely hazardous
22 substances, that are present in an amount in excess of
23 the threshold planning quantity, as defined by the
24 Federal Emergency Planning and Community Right-to-Know
25 Act of 1986, unless the business is a chemical and allied
26 products terminal (SIC 5169) or a petroleum and petroleum
27 products wholesaler/terminal (SIC 5172). For these types
28 of terminal facilities, the listing shall include those
29 chemical substances as required under paragraph (1) of
30 subsection (b), except that the substances that are
31 present at a facility for not more than 14 consecutive
32 days may be listed categorically by USDOT Hazard Class.
33 (2) The information, procedures, and listings as
34 required under paragraphs (2), (3), (4), and (5) of
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1 subsection (b).
2 At least one copy of the current plan shall be maintained
3 at each facility at all times, and the plan shall be reviewed
4 by each business no less often than annually. Upon initial
5 preparation, and whenever the plan is changed, one copy of
6 the current plan shall be provided by each business to the
7 appropriate local fire, police, or other emergency response
8 agency. For each facility, a business shall notify IEMA of
9 compliance with this subsection no later than 15 days after
10 the initial 90 day period, and whenever the plan is changed.
11 (h) A facility that the Agency determines has prepared a
12 written plan that incorporates the requirements of subsection
13 (b) and that is consistent with the "One Plan" approach in
14 the Agency's National Response Team's Integrated Contingency
15 Plan Guidance is otherwise exempt from the requirements of
16 this Section.
17 (Source: P.A. 87-168.)".