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| Public Act 101-0023 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Environmental Protection Act is amended by | ||||
adding Section 9.16 as follows: | ||||
(415 ILCS 5/9.16 new) | ||||
Sec. 9.16. Nonnegligible ethylene oxide emissions sources. | ||||
(a) In this Section, "nonnegligible ethylene oxide | ||||
emissions source" means an ethylene oxide emissions source | ||||
permitted by the Agency that currently emits more than 150 | ||||
pounds of ethylene oxide as reported on the source's 2017 Toxic | ||||
Release Inventory and is located in a county with a population | ||||
of at least 700,000 based on 2010 census data. "Nonnegligible | ||||
ethylene oxide emissions source" does not include facilities | ||||
that are ethylene oxide sterilization sources or hospitals that | ||||
are licensed under the Hospital Licensing Act or operated under | ||||
the University of Illinois Hospital Act. | ||||
(b) Beginning 180 days after the effective date of this | ||||
amendatory Act of the 101st General Assembly, no nonnegligible | ||||
ethylene oxide emissions source shall conduct activities that | ||||
cause ethylene oxide emissions unless the owner or operator of | ||||
the nonnegligible ethylene oxide emissions source submits for | ||||
review and approval of the Agency a plan describing how the | ||||
owner or operator will continuously collect emissions | ||
information. The plan must specify locations at the | ||
nonnegligible ethylene oxide emissions source from which | ||
emissions will be collected and identify equipment used for | ||
collection and analysis, including the individual system | ||
components. | ||
(1) The owner or operator of the nonnegligible ethylene | ||
oxide emissions source must provide a notice of acceptance | ||
of any conditions added by the Agency to the plan or | ||
correct any deficiencies identified by the Agency in the | ||
plan within 3 business days after receiving the Agency's | ||
conditional acceptance or denial of the plan. | ||
(2) Upon the Agency's approval of the plan the owner or | ||
operator of the nonnegligible ethylene oxide emissions | ||
source shall implement the plan in accordance with its | ||
approved terms. | ||
(c) Beginning 180 days after the effective date of this | ||
amendatory Act of the 101st General Assembly, no nonnegligible | ||
ethylene oxide emissions source shall conduct activities that | ||
cause ethylene oxide emissions unless the owner or operator of | ||
the nonnegligible ethylene oxide emissions source has | ||
performed dispersion modeling and the Agency approves the | ||
dispersion modeling. | ||
(1) Dispersion modeling must: | ||
(A) be conducted using accepted United States | ||
Environmental Protection Agency methodologies, | ||
including Appendix W to 40 CFR 51, except that no | ||
background ambient levels of ethylene oxide shall be | ||
used; | ||
(B) use emissions and stack parameter data from any | ||
emissions test conducted and 5 years of hourly | ||
meteorological data that is representative of the | ||
nonnegligible ethylene oxide emissions source's | ||
location; and | ||
(C) use a receptor grid that extends to at least | ||
one kilometer around the nonnegligible ethylene oxide | ||
emissions source and ensures the modeling domain | ||
includes the area of maximum impact, with receptor | ||
spacing no greater than every 50 meters starting from | ||
the building walls of the nonnegligible ethylene oxide | ||
emissions source extending out to a distance of at | ||
least 1/2 kilometer, then every 100 meters extending | ||
out to a distance of at least one kilometer. | ||
(2) The owner or operator of the nonnegligible ethylene | ||
oxide emissions source shall submit revised results of all | ||
modeling if the Agency accepts with conditions or declines | ||
to accept the results submitted. | ||
(d) Beginning 180 days after the effective date of this | ||
amendatory Act of the 101st General Assembly, no nonnegligible | ||
ethylene oxide emissions source shall conduct activities that | ||
cause ethylene oxide emissions unless the owner or operator of | ||
the nonnegligible ethylene oxide emissions source obtains a | ||
permit consistent with the requirements in this Section from | ||
the Agency to conduct activities that may result in the | ||
emission of ethylene oxide. | ||
(e) The Agency in issuing the applicable permits to a | ||
nonnegligible ethylene oxide emissions source shall: | ||
(1) impose a site-specific annual cap on ethylene oxide | ||
emissions set to protect the public health; and | ||
(2) include permit conditions granting the Agency the | ||
authority to reopen the permit if the Agency determines | ||
that the emissions of ethylene oxide from the permitted | ||
nonnegligible ethylene oxide emissions source pose a risk | ||
to the public health as defined by the Agency.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||