HB4150 97TH GENERAL ASSEMBLY

LRB097 17967 JDS 63190 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4150

Introduced 1/30/2012, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

415 ILCS 5/22.57 new

Amends the Environmental Protection Act. Beginning January 1, 2030, prohibits the installation or operation of drycleaning machines that use perchloroethylene. Until that date, authorizes the use of (i) perchloroethylene drycleaning machines that have only a primary control system, but only for the remainder of each machine's useful life and at the facility at which it is located on the effective date of the amendatory Act and (ii) perchloroethylene drycleaning machines that have primary and secondary control systems. Beginning January 1, 2013, prohibits a person from operating a drycleaning machine unless (i) a person with specified training is present at the facility during the machine's operation and (ii) certain secondary containment measures are in place. Authorizes the Environmental Protection Agency, by rules adopted before July 1, 2013, to require manufacturers of alternatives to perchloroethylene to provide information about those products to the Agency. Requires the Agency to review the safety and legality of the perchloroethylene alternatives. Defines "drycleaning", "drycleaning machine", "drycleaning solvents", "perchloroethylene drycleaning machine", "primary control system", "refrigerated condenser", and "secondary control system". Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

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

Section 5. The Environmental Protection Act is amended by adding Section 22.57 as follows:

(415 ILCS 5/22.57 new)

Sec. 22.57. Perchloroethylene in drycleaning.

(a) For the purposes of this Section:

"Drycleaning" means the process of cleaning clothing, garments, textiles, fabrics, leather goods, or other like articles using a nonaqueous solvent.

"Drycleaning machine" means any machine, device, or other equipment used in drycleaning.

"Drycleaning solvents" means solvents used in drycleaning.

"Perchloroethylene drycleaning machine" means a drycleaning machine that uses perchloroethylene.

"Primary control system" means a refrigerated condenser or an equivalent closed-loop vapor recovery system that reduces the concentration of perchloroethylene in the recirculating air of a perchloroethylene drycleaning machine.

"Refrigerated condenser" means a closed-loop vapor recovery system into which perchloroethylene vapors are introduced and trapped by cooling below the dew point of the perchloroethylene.

"Secondary control system" means a device or apparatus that reduces the concentration of perchloroethylene in the recirculating air of a perchloroethylene drycleaning machine at the end of the drying cycle beyond the level achievable with a refrigerated condenser alone.

(b) The following shall apply until January 1, 2030:

(1) Perchloroethylene drycleaning machines in operation on the effective date of this Section that have a primary control system but not a secondary control system can continue to be used until the end of their useful life, provided that perchloroethylene drycleaning machines that do not have a secondary control system cannot be operated at a facility other than the facility at which they were located on the effective date of this Section.

(2) Except as allowed under paragraph (1) of subsection (b) of this Section, no person shall install or operate a perchloroethylene drycleaning machine unless the machine has a primary control system and a secondary control system.

(c) On and after January 1, 2030, no person shall install or operate a perchloroethylene drycleaning machine.

(d) Beginning January 1, 2013, no person shall operate a drycleaning machine unless all of the following are met:

(1) During the operation of the machine, a person with the following training is present at the facility where the machine is located:

(A) Successful completion of an initial environmental training course that is approved by the Dry Cleaner Environmental Response Trust Fund Council, in consultation with the Agency, as providing appropriate training on drycleaning best management practices, including, but not limited to, reducing solvent air emissions, reducing solvent spills and leaks, protecting groundwater, and promoting the efficient use of solvents.

(B) Once every 4 years after completion of the initial environmental training course, successful completion of a refresher environmental training course that is approved by the Dry Cleaner Environmental Response Trust Fund Council, in consultation with the Agency, as providing (i) appropriate review and updates on drycleaning best management practices, including, but not limited to, reducing solvent air emissions, reducing solvent spills and leaks, protecting groundwater, and promoting the efficient use of solvents, and (ii) until January 1, 2030, information on drycleaning solvents, technologies, and alternatives that do not utilize perchloroethylene.

(2) Proof of successful completion of the training required under paragraph (1) of subsection (d) of this Section is maintained at the drycleaning facility. Proof of successful completion of the training must be made available for inspection and copying by the Agency or units of local government during normal business hours.

(3) All of the following secondary containment measures are in place:

(A) There is a containment dike or other containment structure around each machine, item of equipment, drycleaning area, and portable waste container in which any drycleaning solvent is utilized, which shall be capable of containing leaks, spills, or releases of drycleaning solvent from that machine, item, area, or container. The containment dike or other containment structure shall be capable of at least the following: (i) containing a capacity of 110% of the drycleaning solvent in the largest tank or vessel within the machine; (ii) containing 100% of the drycleaning solvent of each item of equipment or drycleaning area; and (iii) containing 100% of the drycleaning solvent of the largest portable waste container or at least 10% of the total volume of the portable waste containers stored within the containment dike or structure, whichever is greater. Petroleum underground storage tank systems that are upgraded in accordance with USEPA upgrade standards pursuant to 40 CFR Part 280 for the tanks and related piping systems and use a leak detection system approved by the USEPA or the Agency are exempt from this subparagraph (A).

(B) Those portions of diked floor surfaces on which a drycleaning solvent may leak, spill, or otherwise be released have been sealed or otherwise rendered impervious.

(C) All chlorine-based drycleaning solvent is delivered to the drycleaning facility by means of closed, direct-coupled delivery systems. The Dry Cleaner Environmental Response Trust Fund Council may adopt rules specifying methods of delivery of solvents other than chlorine-based solvents to drycleaning facilities. Solvents other than chlorine-based solvents must be delivered to drycleaning facilities in accordance with rules adopted by the Dry Cleaner Environmental Response Trust Fund Council.

(e) Manufacturers of drycleaning solvents or other cleaning agents used as alternatives to perchloroethylene drycleaning that are sold or offered for sale in Illinois must, in accordance with Agency rules, provide to the Agency sufficient information that will allow the Agency to determine whether the drycleaning solvents or cleaning agents may pose negative impacts to human health or the environment. These alternatives shall include, but are not limited to, drycleaning solvents or other cleaning agents used in solvent-based cleaning, carbon-dioxide based cleaning, and professional wet cleaning methods. The information shall include, but is not limited to, information regarding the physical and chemical properties of the drycleaning solvents or cleaning agents and toxicity data. No later than July 1, 2013, the Agency shall adopt rules specifying the information that manufacturers must submit under this subsection (e). The rules must include, but shall not be limited to, a deadline for submission of the information to the Agency. The Agency shall post information resulting from its review of the drycleaning solvents and cleaning agents on the Agency's website.

(f) In order to provide drycleaners with information about alternatives to the use of perchlorethylene in drycleaning, the Agency shall review alternatives to determine whether they (i) are allowed by law and (ii) may pose negative impacts to human health or the environment. The Agency shall conduct its review at least 3 times: by January 1, 2015, by January 1, 2021, and by January 1, 2028. The Agency shall post information resulting from these reviews on its website and otherwise distribute the information to drycleaners.

(g) Prior to January 1, 2030, but no earlier than January 1, 2028, the drycleaning industry, in consultation with the Agency, may recommend to the General Assembly a delay in the deadline set forth in subsection (c) of this Section if technically and economically feasible alternatives to the use of perchloroethylene drycleaning machines will not be available by January 1, 2030.

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