HB3888eng 101ST GENERAL ASSEMBLY

HB3888 Engrossed LRB101 14210 CPF 63238 b

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 9.18 as follows:

(415 ILCS 5/9.18 new)

Sec. 9.18. Ethylene oxide phase-out.

(a) In this Section:

"Densely populated location" means a location that does not qualify as a remote location as defined in this subsection.

"Ethylene oxide emissions source" means a stationary source that currently, or at any point in the previous 15 years, emits, emitted, or has the potential to emit ethylene oxide into the atmosphere, regardless of the specific emissions source. "Ethylene oxide emissions source" does not include an ethylene oxide sterilization source, hospital, or natural biological source such as the human body, plant, or animal.

"Ethylene oxide sterilization operation" means the process of using ethylene oxide to make one or more items free from microorganisms, pathogens, or both microorganisms and pathogens.

"Ethylene oxide sterilization source" means a stationary source where operations include ethylene oxide sterilization operations and that currently, or at any point in the previous 15 years, emits, emitted, or has the potential to emit ethylene oxide into the atmosphere, regardless of its emissions source. "Ethylene oxide sterilization source" does not include a hospital as defined in this subsection.

"Hospital" means a hospital licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act.

"Remote location" means a location removed from populations especially vulnerable to the emission of ethylene oxide. "Remote location" only includes a location meeting the requirements of the following paragraphs (1) or (2).

(1) In counties with an average population density of less than 1,000 people per square mile, the location must be:

(A) at the center of a 5 mile radius within which there is a population density of 100 people or fewer per square mile; and

(B) at least 5 miles from the nearest registered day care or school serving students in grades preschool through 12 and in existence before October 1, 2019.

(2) In counties with an average population density equal to or greater than 1,000 people per square mile, the location must be:

(A) at the center of a 10 mile radius within which there is a population density of 100 people or fewer per square mile; and

(B) at least 10 miles from the nearest registered day care or school serving students in grades preschool through 12 and in existence before October 1, 2019.

(b) Ethylene oxide sterilization sources are subject to the following requirements:

(1) On and after January 1, 2021, no ethylene oxide sterilization source in a densely populated location shall conduct ethylene oxide sterilization operations that result in the emission of ethylene oxide or propylene oxide.

(2) On and after January 1, 2021, no ethylene oxide sterilization source in a remote location shall emit more than 30 pounds of ethylene oxide or 30 pounds of propylene oxide annually.

(3) Within 90 days after the effective date of this amendatory Act of the 101st General Assembly, each ethylene oxide sterilization source shall submit a letter to the Agency stating whether they intend to modify or phase out the emissions of ethylene oxide consistent with their obligations established under this Section. Upon receipt by the Agency, the Agency shall make the letter publicly available on the Agency's website.

(4) No ethylene oxide sterilization source shall conduct ethylene oxide sterilization operations or other activities that cause ethylene oxide or propylene oxide emissions unless the owner or operator of the ethylene oxide sterilization source submits for review and approval by the Agency a plan describing how the owner or operator will continuously collect emissions information. The plan must also specify locations at the source from which emissions will be collected and identify equipment used for their collection and analysis, including the equipment's individual system components. Emissions monitoring equipment must be tested and validated at least once in any 12-month period and the results forwarded to the Agency.

(5) In issuing the applicable permits to ethylene oxide sterilization sources, the Agency shall include limitations, informed by each ethylene oxide sterilization source's risk management plan, on the amount of ethylene oxide that may be stored on-site to protect public health, public safety, and the environment. Prior to issuing the applicable permits, the Agency shall require the submission of documentation demonstrating that the permit applicant is in compliance, and will maintain compliance, with local, State, and federal law governing the storage of ethylene oxide. All permits issued by the Agency shall grant the Agency the authority to modify the permit to change limitations on the amount of ethylene oxide that can be stored on-site at any time and to modify storage practices or equipment requirements. All permits issued by the Agency shall grant the Agency the right to conduct unannounced inspections. The Agency shall conduct at least one unannounced inspection annually of the ethylene oxide storage system for each permit holder.

(6) Ethylene oxide sterilization sources shall be required to submit or resubmit a risk management plan to the Agency within 90 days of the effective date of this amendatory Act of the 101st General Assembly, on or before December 31, 2020, and on or before December 31 of every fifth year thereafter.

(c) Hospitals are subject to the following requirements:

(1) On and after January 1, 2023, any hospital designated as a critical access hospital by the Centers for Medicare and Medicaid Services under the federal Balanced Budget Act of 1997 shall not conduct ethylene oxide sterilization operations.

(2) On and after January 1, 2022, any hospital not designated as a critical access hospital by the Centers for Medicare and Medicaid Services shall not conduct ethylene oxide sterilization operations.

(3) Within 90 days after the effective date of this amendatory Act of the 101st General Assembly, any hospital conducting ethylene oxide sterilization operations shall submit a letter to the Agency committing the hospital to phase out the emissions of ethylene oxide by applicable deadlines established under this Section.

(d) Ethylene oxide emissions sources are subject to the following requirements:

(1) On and after January 1, 2021, no ethylene oxide emissions source in a densely populated location shall conduct operations or other activities that emit ethylene oxide in excess of 30 pounds annually and 3 pounds monthly.

(2) Beginning 90 days after the effective date of this amendatory Act of the 101st General Assembly, no ethylene oxide emissions source shall conduct activities that cause ethylene oxide emissions unless the owner or operator submits for review and approval by the Agency a plan describing how the ethylene oxide emissions source will continuously collect emissions information. Each ethylene oxide emissions source must specify in its plan all locations at which ethylene oxide may enter the atmosphere at each emissions source and shall install proper monitoring equipment. The equipment for monitoring and collecting emissions must be installed and the owner or operator of the ethylene oxide emissions source must begin reporting the results to the Agency within 120 days of the effective date of this amendatory Act of the 101st General Assembly. The plan must also specify locations at the source from which emissions will be collected and identify equipment used for collection and analysis, including the equipment's individual system components. The emissions monitoring equipment must be tested and validated at least once in any 12-month period and the results forwarded to the Agency.

(A) The owner or operator of an ethylene oxide emissions source must provide a notice of acceptance of any conditions added by the Agency to the plan, or correct any deficiencies identified by the Agency in the plan, within 10 business days after receiving the Agency's conditional acceptance or denial of the plan.

(B) Upon the Agency's approval of the plan, the owner or operator of the ethylene oxide emissions source shall implement the plan in accordance with its approved terms.

(3) Each ethylene oxide emissions source shall report to the Agency the amount of ethylene oxide used and the ethylene oxide emissions created at the ethylene oxide emissions source annually. All reports submitted to the Agency shall include documentation necessary to verify the quantity used and purchased by the ethylene oxide emissions source.

(4) In issuing the applicable permits to ethylene oxide emissions sources, the Agency shall include limitations, informed by each ethylene oxide emissions source's risk management plan, on the amount of ethylene oxide that may be stored on-site to protect public health, public safety, and the environment. The unit of local government in which the ethylene oxide emissions source is located may regulate the storage of ethylene oxide in a manner that is more restrictive or matches the standards established by the Agency. Prior to issuing the applicable permits, the Agency shall require the submission of documentation demonstrating that the permit applicant is in compliance, and will maintain compliance, with local, State, and federal law governing the storage of ethylene oxide. All permits issued by the Agency shall grant the Agency the authority to modify the permit to change limitations on the amount of ethylene oxide that can be stored on-site at any time and to modify storage practices or equipment requirements. All permits issued by the Agency shall grant the Agency the right to conduct unannounced inspections. The Agency shall conduct at least one unannounced inspection annually of the ethylene oxide storage system for each permit holder.

(5) The Agency shall set annual emissions limitations on ethylene oxide emissions that are equal to or lesser than the maximums established under this Section for all ethylene oxide emissions sources. The limitations shall be set to provide maximum protection for public health without consideration of financial cost. No ethylene oxide emissions source shall conduct operations or other activities that emit ethylene oxide in excess of 150 pounds annually.

(6) In establishing the annual emissions limitation on ethylene oxide emissions sources in remote locations, the Agency shall consider the health and safety of children in rural schools. On and after January 1, 2021, no ethylene oxide emissions source in a remote location shall conduct operations or other activities that emit ethylene oxide in excess of 30 pounds annually and 3 pounds monthly if the emissions source is within 5 miles of the nearest registered day care or school serving students in grades preschool through 12 and in existence before October 1, 2019.

(7) Ethylene oxide emissions sources shall be required to submit or resubmit a risk management plan to the Agency within 90 days of the effective date of this amendatory Act of the 101st General Assembly, on or before December 31, 2020, and on or before December 31 of every fifth year thereafter.

(e) On and after January 1, 2022, the maximum cumulative emissions in a densely populated location from any sum of ethylene oxide emissions sources, hospitals, and ethylene oxide sterilization sources located within 3 and one half miles of each other shall not exceed 35 pounds annually, inclusive of any emissions not emanating from any stack. The Agency shall set emissions limitations for individual ethylene oxide emissions sources to comply with this requirement. If multiple applicants request to emit ethylene oxide in a collective sum that is greater than the annual collective maximum regional emissions established under this subsection, the Agency shall prioritize applicants seeking to provide medical services, such as hospitals and ethylene oxide sterilization sources that sterilize medical products.

(f) The Agency shall conduct a comprehensive review of ethylene oxide use and emissions within the State of Illinois. The Agency shall submit its findings in a report to the General Assembly and make the report publicly available on the Agency's website on or before June 30, 2021. At a minimum, the report shall include the following:

(1) A comprehensive assessment of where ethylene oxide is used at levels that may cause measurable emissions.

(2) The Agency's recommendations for future administrative actions, regulations, or legislation pertaining to ethylene oxide, designed to provide maximum protection to public health.

(3) The Agency's assessment of the risk to human health and environmental damage that can be caused by exposure to ethylene oxide.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.