Public Act 103-1000
 
SB3448 EnrolledLRB103 38471 BDA 68607 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Illinois Emergency Planning and Community 
Right to Know Act is amended by changing Section 12 as follows:
 
    (430 ILCS 100/12)  (from Ch. 111 1/2, par. 7712)
    Sec. 12. Inventory forms. (a) The owner or operator of any 
facility which is required to prepare or have available a 
material safety data sheet for a hazardous chemical under the 
Occupational Safety and Health Act of 1970 and regulations 
promulgated under that Act shall, in accordance with the 
threshold levels for reporting as established by regulations 
promulgated under the Federal Act, prepare and submit an 
emergency and hazardous chemical inventory form (hereafter in 
this Act referred to as an "inventory form") to each of the 
following:
    (1) the appropriate local emergency planning committee;
    (2) the State Emergency Response Commission; and
    (3) the fire department with jurisdiction over the 
facility.
    The inventory form shall be submitted annually on or 
before March 1, and shall contain tier I data with respect to 
the preceding calendar year.
    (b) The requirement of subsection (a) does not apply if an 
owner or operator provides, to the recipients described in 
subsection (a), by the same deadline and with respect to the 
same calendar year, an inventory form containing tier II 
information.
    (c) An owner or operator may meet the requirements of this 
Section with respect to a hazardous chemical which is a 
mixture by doing one of the following:
    (1) Providing information on the inventory form on each 
element or compound in the mixture which is a hazardous 
chemical. If more than one mixture has the same element or 
compound, only one listing on the inventory form for the 
element or compound at the facility is necessary.
    (2) Providing information on the inventory form on the 
mixture itself.
    (d) A hazardous chemical shall be subject to the 
requirements of this Section only if it is a hazardous 
chemical for which a material safety data sheet or a listing is 
required under Section 311 of the Federal Act.
    (e) A tier I inventory form shall provide the following 
information in aggregate terms for hazardous chemicals in 
categories of health and physical hazards as set forth under 
the Occupational Safety and Health Act of 1970 and regulations 
promulgated under that Act:
    (1) an estimate (in ranges) of the maximum amount of 
hazardous chemicals in each category present at the facility 
at any time during the preceding calendar year;
    (2) an estimate (in ranges) of the maximum amount of 
hazardous chemicals in each category present at the facility 
at any time during the preceding calendar year; and
    (3) the general location of hazardous chemicals in each 
category.
    (f) A tier II inventory form shall provide the following 
additional information for each hazardous chemical present at 
the facility, but only upon request and in accordance with 
subsection (g):
    (1) the chemical name or the common name of the chemical as 
provided on the material safety data sheet;
    (2) an estimate (in ranges) of the maximum amount of the 
hazardous chemical present at the facility at any time during 
the preceding calendar year;
    (3) an estimate (in ranges) of the average daily amount of 
the hazardous chemical present at the facility during the 
preceding calendar year;
    (4) a brief description of the manner of storage of the 
hazardous chemical;
    (5) the location at the facility of the hazardous 
chemical; and
    (6) an indication of whether the owner elects to withhold 
location information of a specific hazardous chemical from 
disclosure to the public under Section 324 of the Federal Act.
    (g) Availability of tier II information shall be as 
follows:
    (1) Upon request by the State Emergency Planning 
Commission, a local emergency planning committee, or a fire 
department with jurisdiction over the facility, the owner or 
operator of a facility shall provide tier II information, as 
described in subsection (g), to the person making the request.
    (2) A State or local official acting in his or her official 
capacity may have access to tier II information by submitting 
a request to the SERC or the local emergency planning 
committee. Upon receipt of a request for tier II information, 
the SERC or local committee shall, pursuant to paragraph (1), 
request the facility owner or operator for the tier II 
information and make available such information to the 
official.
    (3) Any person may request the SERC or a local emergency 
planning committee for tier II information relating to the 
preceding calendar year with respect to a facility. Any such 
request shall be in writing and shall be with respect to a 
specific facility.
    (4) Any tier II information which the SERC or a local 
emergency planning committee has in its possession shall be 
made available to a person making a request under this 
paragraph in accordance with Section 324 of the Federal Act. 
If the SERC or local emergency planning committee does not 
have the tier II information in its possession, upon receiving 
a request for tier II information the SERC or local emergency 
planning committee shall, pursuant to paragraph (1), request 
the facility owner or operator for tier II information with 
respect to a hazardous chemical which a facility has stored in 
an amount in excess of 10,000 pounds present at the facility at 
any time during the preceding calendar year and make such 
information available to the person making the request in 
accordance with Section 324 of the Federal Act.
    (5) In the case of tier II information which is not in the 
possession of the SERC or local emergency planning committee 
and which relates to a hazardous chemical which a facility has 
stored in an amount less than 10,000 pounds present at the 
facility at any time during the preceding calendar year, a 
request from a person must include the general need for the 
information. The SERC or local emergency planning committee 
may, pursuant to paragraph (1), make a request to the facility 
owner or operator for the tier II information on behalf of the 
person making the request. Upon receipt of any information 
requested on behalf of such person, the SERC or local 
emergency planning committee shall make the information 
available to the person in accordance with Section 324 of the 
Federal Act.
    (6) The SERC or local emergency planning committee shall 
respond to a request for tier II information under this 
Section no later than 45 days after the date of receipt of the 
request.
    (7) Upon request to an owner or operator of a facility 
which files an inventory form under this Section by the fire 
department with jurisdiction over the facility, the owner or 
operator of the facility shall allow the fire department to 
conduct an on-site inspection of the facility and shall 
provide to the fire department specific location information 
on hazardous chemicals at the facility.
    (8) The SERC shall provide and maintain a Tier II 
reporting system that has the capability to allow the 
reporting facility filing a Tier II inventory form to verify 
the accuracy of the facility's chemical storage address, 
including the latitude and longitude associated with that 
address, using a mapping-based software. 
    (h) The tier 1 and tier 2 inventory forms promulgated by 
USEPA for use in meeting the requirements of Section 312 of the 
Federal Act may be used to fulfill the requirements of this 
Section.
(Source: P.A. 86-449.)