Public Act 90-0442 of the 90th General Assembly

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Public Act 90-0442

SB347 Enrolled                                 LRB9002370DPcc

    AN ACT to amend  the  Illinois  Chemical  Safety  Act  by
changing Sections 3 and 4.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Chemical Safety Act  is  amended
by changing Sections 3 and 4 as follows:

    (430 ILCS 45/3) (from Ch. 111 1/2, par. 953)
    Sec. 3.  Definitions. For the purposes of this Act:
    "Agency"  means  the  Illinois  Environmental  Protection
    "Business"    means    any    individual,    partnership,
corporation,  or  association  in  the  State  engaged  in  a
business operation that has 5 or more full-time employees, or
20 or more part-time employees, and that is properly assigned
or  included  within one of the following Standard Industrial
Classifications  (SIC),  as  designated   in   the   Standard
Industrial  Classification  Manual  prepared  by  the Federal
Office of Management and Budget:
    2295 Coated fabrics, not rubberized;
    2491 Wood preserving;
    2671. Packaging  paper  and  plastics  film,  coated  and
    2672  Coated   and   laminated   paper,   not   elsewhere
    2812 Alkalies and chlorine;
    2813 Industrial gases;
    2819   Industrial   inorganic  chemicals,  not  elsewhere
    2821   Plastic   materials,   synthetic    resins,    and
non-vulcanizable elastomers;
    2834 Pharmaceutical preparations;
    2842   Specialty   cleaning,   polishing  and  sanitation
    2851 Paints, varnishes,  lacquers,  enamels,  and  allied
    2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
dyes and organic pigments (lakes and toners);
    2869   Industrial   organic   chemicals,   not  elsewhere
    2873 Nitrogenous fertilizer;
    2874 Phosphatic fertilizers;
    2879 Pesticides and agricultural chemicals, not elsewhere
    2891 Adhesives and sealants;
    2892 Explosives;
    2911 Petroleum refining;
    2952 Asphalt felts and coatings;
    2999  Products  of  petroleum  and  coal,  not  elsewhere
    3081. Unsupported plastics, film and sheet;
    3082  Unsupported plastics profile shapes;
    3083  Laminated plastics plate, sheet and profile shapes;
    3084  Plastic pipe;
    3085  Plastic bottles;
    3086  Plastic foam products;
    3087  Custom compounding of purchased plastic resin;
    3088  Plastic plumbing fixtures;
    3089  Plastic products, not elsewhere classified;
    3111 Leather tanning and finishing;
    3339  Primary smelting and refining of nonferrous metals,
except copper and aluminum;
    3432  Plumbing fixture fittings and trim;
    3471 Electroplating, plating,  polishing,  anodizing  and
    4953 Refuse systems;
    5085 Industrial supplies;
    5162  Plastic materials and basic forms and shapes;
    5169  Chemicals   and   allied  products,  not  elsewhere
    5171 Petroleum bulk stations and terminals;
    5172  Petroleum  and  petroleum  products,   wholesalers,
except bulk stations and terminals.
    For  the  purposes  of  this  Act,  the  SIC  Code that a
business  uses  for  determining  its  coverage   under   The
Unemployment   Insurance  Act  shall  be  the  SIC  Code  for
determining the applicability  of  this  Act.  On  an  annual
basis,  the  Department  of Employment Security shall provide
the IEMA with a list of those regulated facilities covered by
the above mentioned SIC codes.
    "Business" also means any facility  not  covered  by  the
above  SIC codes that is subject to the provisions of Section
302  of  the  federal  Emergency   Planning   and   Community
Right-to-Know  Act of 1986 and that is found by the Agency to
use, store, or manufacture a chemical substance in a quantity
that poses a threat to  the  environment  or  public  health.
Such  a determination shall be based on an on-site inspection
conducted by the Agency  and  certified  to  the  IEMA.   The
Agency  shall also conduct inspections at the request of IEMA
or upon a written request setting forth  a  justification  to
the  IEMA  from  the chairman of the local emergency planning
committee upon recommendation of  the  committee.   The  IEMA
shall  transmit  a  copy  of  the request to the Agency.  The
Agency may, in the event of a reportable release that  occurs
at  any  facility operated or owned by a business not covered
by the above SIC  codes,  conduct  inspections  if  the  site
hazard   appears   to   warrant   such   action.   The  above
notwithstanding, any farm operation shall not  be  considered
as a facility subject to this definition.
    "Chemical  name"  means  the  scientific designation of a
chemical in accordance with the nomenclature system developed
by the International Union  of  Pure  and  Applied  Chemistry
(IUPAC) or the American Chemical Society's Chemical Abstracts
Service  (CAS)  rules  of  nomenclature,  or a name that will
clearly identify the chemical for hazard evaluation purposes.
    "Chemical  substance"  means  any  "extremely   hazardous
substance" listed in Appendix A of 40 C.F.R. Part 355 that is
present at a facility in an amount in excess of its threshold
planning  quantity,  as  defined  by  the  federal  Emergency
Planning   and  Community  Right-to-Know  Act  of  1986,  any
"hazardous substance" listed in 40 C.F.R. Section 302.4  that
is  present  at  a  facility  in  an  amount in excess of its
reportable quantity or in excess of  its  threshold  planning
quantity if it is also an "extremely hazardous substance", as
defined by the Environmental Protection Act and any petroleum
including  crude  oil or any fraction thereof that is present
at a facility in an amount exceeding 100 pounds unless it  is
specifically   listed   as  a  "hazardous  substance"  or  an
"extremely hazardous substance".  "Chemical  substance"  does
not mean any substance to the extent it is used for personal,
family,  or household purposes or to the extent it is present
in the same form and concentration as a product packaged  for
distribution to and use by the general public.
    "IEMA" means the Illinois Emergency Management Agency.
    "Facility"  means  the  buildings  and  all real property
contiguous thereto, and the equipment at  a  single  location
used for the conduct of business.
    "Local  emergency planning committee" means the committee
that is appointed for an emergency  planning  district  under
the  provisions  of  Section  301  of  the  federal Emergency
Planning and Community Right-to-Know Act of 1986.
    "Release" means any sudden  spilling,  leaking,  pumping,
pouring,    emitting,    escaping,   emptying,   discharging,
injecting,  leaching,  dumping,   or   disposing   into   the
environment beyond the boundaries of a facility, but excludes
the following:
         (a)  Any release that results in exposure to persons
    solely  within  a workplace, with respect to a claim that
    such persons may assert against their employer.
         (b)  Emissions from the engine exhaust  of  a  motor
    vehicle,  rolling  stock,  aircraft,  vessel, or pipeline
    pumping station engine.
         (c)  Release  of  source,  byproduct,   or   special
    nuclear  material from a nuclear incident, as those terms
    are defined in the Atomic Energy  Act  of  1954,  if  the
    release  is  subject  to  requirements  with  respect  to
    financial   protection   established   by   the   Nuclear
    Regulatory  Commission  under  Section  170 of the Atomic
    Energy Act of 1954.
         (d)  The normal application of fertilizer.
    "Significant release"  means  any  release  which  is  so
designated in writing by the Agency or the IEMA based upon an
inspection  at  the  site  of  an  emergency incident, or any
release which results in any evacuation, hospitalization,  or
fatalities of the public.
(Source: P.A. 86-548; 87-168.)

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

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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