Public Act 90-0442 of the 90th General Assembly
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
Agency.
"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
laminated;
2672 Coated and laminated paper, not elsewhere
classified;
2812 Alkalies and chlorine;
2813 Industrial gases;
2819 Industrial inorganic chemicals, not elsewhere
classified;
2821 Plastic materials, synthetic resins, and
non-vulcanizable elastomers;
2834 Pharmaceutical preparations;
2842 Specialty cleaning, polishing and sanitation
preparations;
2851 Paints, varnishes, lacquers, enamels, and allied
products;
2865 Cyclic (coal tar) crudes, and cyclic intermediaries,
dyes and organic pigments (lakes and toners);
2869 Industrial organic chemicals, not elsewhere
classified;
2873 Nitrogenous fertilizer;
2874 Phosphatic fertilizers;
2879 Pesticides and agricultural chemicals, not elsewhere
classified;
2891 Adhesives and sealants;
2892 Explosives;
2911 Petroleum refining;
2952 Asphalt felts and coatings;
2999 Products of petroleum and coal, not elsewhere
classified;
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
coloring;
4953 Refuse systems;
5085 Industrial supplies;
5162 Plastic materials and basic forms and shapes;
5169 Chemicals and allied products, not elsewhere
classified;
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
request.
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.