SB3101ham005 100TH GENERAL ASSEMBLY

Rep. Carol Sente

Filed: 11/26/2018

10000SB3101ham005 LRB100 19678 JWD 43577 a

AMENDMENT TO SENATE BILL 3101

AMENDMENT NO. ______. Amend Senate Bill 3101 by replacing everything after the enacting clause with the following:

"Section 5. The Environmental Protection Act is amended by adding Section 9.16 as follows:

(415 ILCS 5/9.16 new)

Sec. 9.16. Ethylene oxide control.

(a) This Section may be referred to as the Ethylene Oxide Emission Control Law.

(b) On and after July 1, 2019, the provisions of this Section apply to the owner or operator of a sterilization source using 1 ton (907 kg) or more of ethylene oxide in a rolling 12-month period in sterilization or fumigation operations. These requirements do not apply to: beehive fumigators; research or laboratory facilities, as defined in Section 112(c)(7) of Title III of the Clean Air Act (42 U.S.C. 7412(c)(7)); or sources such as hospitals, doctor's offices, clinics, or other facilities whose primary purpose is to provide medical services to humans or animals.

(c) The owner or operator must reduce ethylene oxide emissions to the atmosphere from each chamber exhaust vent by at least 99%. "Chamber exhaust vent", also known as "back vent", means the point through which ethylene oxide-laden air is removed from the sterilization chamber during chamber unloading following the completion of sterilization and associated air washes.

(d) The owner or operator must conduct an initial emissions test to verify that emissions from each chamber exhaust vent are reduced by at least 99%.

(1) A notification of the scheduled test date and an emissions test protocol must be submitted to the Agency for review and written approval by August 1, 2019 for an existing source, or within 30 days after the initial startup of a new or modified source. The protocol must address the manner in which testing will be conducted, including, but not limited to, the methodologies to be used and conditions under which the test will be performed.

(2) The owner or operator must perform testing in accordance with an Agency-approved test protocol and at representative conditions by September 1, 2019 for an existing source, or within 60 days after the initial startup of a new or modified source. The owner or operator must submit test results to the Agency within 60 days after the date of testing.

(e) The owner or operator must conduct emissions testing on all regulated emission points at least once each calendar year, starting in calendar year 2019, to demonstrate compliance with the control requirements of this Section and all applicable Illinois Pollution Control Board and United States Environmental Protection Agency control requirements regarding ethylene oxide. Annual emissions tests must take place at least 6 months apart. An initial emissions test conducted on the chamber exhaust vent pursuant to subsection (c) above satisfies this requirement for that particular emission point for the year in which the initial emissions test is conducted.

A notification of the scheduled test date and an emissions test protocol must be submitted to the Agency for review and written approval at least 30 days prior to the scheduled test date. The protocol must address the manner in which testing will be conducted, including but not limited to the methodologies to be used and conditions under which the test will be performed. The owner or operator must perform testing in accordance with an Agency-approved test protocol and at representative conditions. The owner or operator must submit test results to the Agency within 60 days after the date of testing.

(f) The Agency must post a notice on its website and notify the following persons within 30 days after receiving emissions test results or periodic monitoring information that indicates noncompliance with the emissions control requirements of this Section or emissions control requirements in any applicable Illinois Pollution Control Board or United States Environmental Protection Agency provision regarding ethylene oxide:

(1) The members of the General Assembly from the Legislative and Representative Districts in which the source in question is located.

(2) The county board members of the county in which the source in question is located.

(3) The corporate authorities of the municipality in which the source in question is located.

(4) The Illinois Department of Public Health.

(g) The Agency must reopen and modify the operating permit for each source subject to this Section to include the requirements set forth in this Section as well as all other applicable Illinois Pollution Control Board and United States Environmental Protection Agency requirements regarding ethylene oxide adopted after the effective date of this amendatory Act of the 100th General Assembly.

(h) Violations of the requirements of this Section are subject to enforcement and penalties as provided under this Act.

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