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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3414 Introduced , by Rep. Ed Sullivan, Jr. SYNOPSIS AS INTRODUCED: |
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430 ILCS 45/3 | from Ch. 111 1/2, par. 953 |
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Amends the Illinois Chemical Safety Act. Repeals a provision that requires the Illinois Department of Employment Security to annually provide
the Illinois Emergency Management Agency with a list of regulated facilities that are covered by certain Standard Industrial Classification (SIC) codes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3414 | | LRB098 08163 JDS 38258 b |
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1 | | AN ACT concerning safety.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Chemical Safety Act is amended by |
5 | | changing Section 3 as follows:
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6 | | (430 ILCS 45/3) (from Ch. 111 1/2, par. 953)
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7 | | Sec. 3. Definitions. For the purposes of this Act:
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8 | | "Agency" means the Illinois Environmental Protection |
9 | | Agency.
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10 | | "Business" means any individual, partnership, corporation, |
11 | | or association
in the State engaged in a business operation |
12 | | that has 5 or more
full-time employees, or 20 or more part-time |
13 | | employees, and that is
properly assigned or included within one |
14 | | of the following Standard
Industrial Classifications (SIC), as |
15 | | designated in the Standard Industrial
Classification Manual |
16 | | prepared by the Federal Office of Management and Budget:
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17 | | 2295 Coated fabrics, not rubberized;
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18 | | 2491 Wood preserving;
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19 | | 2671 Packaging paper and plastics film, coated and |
20 | | laminated;
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21 | | 2672 Coated and laminated paper, not elsewhere classified;
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22 | | 2812 Alkalies and chlorine;
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23 | | 2813 Industrial gases;
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1 | | 2819 Industrial inorganic chemicals, not elsewhere |
2 | | classified;
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3 | | 2821 Plastic materials, synthetic resins, and |
4 | | non-vulcanizable elastomers;
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5 | | 2834 Pharmaceutical preparations;
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6 | | 2842 Specialty cleaning, polishing and sanitation |
7 | | preparations;
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8 | | 2851 Paints, varnishes, lacquers, enamels, and allied |
9 | | products;
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10 | | 2865 Cyclic (coal tar) crudes, and cyclic intermediaries, |
11 | | dyes and organic
pigments (lakes and toners);
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12 | | 2869 Industrial organic chemicals, not elsewhere |
13 | | classified;
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14 | | 2873 Nitrogenous fertilizer;
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15 | | 2874 Phosphatic fertilizers;
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16 | | 2879 Pesticides and agricultural chemicals, not elsewhere |
17 | | classified;
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18 | | 2891 Adhesives and sealants;
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19 | | 2892 Explosives;
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20 | | 2911 Petroleum refining;
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21 | | 2952 Asphalt felts and coatings;
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22 | | 2999 Products of petroleum and coal, not elsewhere |
23 | | classified;
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24 | | 3081 Unsupported plastics, film and sheet;
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25 | | 3082 Unsupported plastics profile shapes;
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26 | | 3083 Laminated plastics plate, sheet and profile shapes;
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1 | | 3084 Plastic pipe;
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2 | | 3085 Plastic bottles;
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3 | | 3086 Plastic foam products;
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4 | | 3087 Custom compounding of purchased plastic resin;
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5 | | 3088 Plastic plumbing fixtures;
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6 | | 3089 Plastic products, not elsewhere classified;
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7 | | 3111 Leather tanning and finishing;
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8 | | 3339 Primary smelting and refining of nonferrous metals, |
9 | | except
copper and aluminum;
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10 | | 3432 Plumbing fixture fittings and trim;
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11 | | 3471 Electroplating, plating, polishing, anodizing and |
12 | | coloring;
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13 | | 4953 Refuse systems;
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14 | | 5085 Industrial supplies;
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15 | | 5162 Plastic materials and basic forms and shapes;
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16 | | 5169 Chemicals and allied products, not elsewhere |
17 | | classified;
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18 | | 5171 Petroleum bulk stations and terminals;
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19 | | 5172 Petroleum and petroleum products, wholesalers, except |
20 | | bulk
stations and terminals.
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21 | | For the purposes of this Act, the SIC Code that a business |
22 | | uses for
determining its coverage under The Unemployment |
23 | | Insurance Act shall
be the SIC Code for determining the |
24 | | applicability of this Act.
On an annual basis, the Department |
25 | | of Employment Security shall provide
the IEMA with a list of |
26 | | those regulated facilities covered by the
above mentioned SIC |
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1 | | codes.
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2 | | "Business" also means any facility not covered by the above |
3 | | SIC codes
that is subject to the provisions of Section 302 of |
4 | | the federal Emergency
Planning and Community Right-to-Know Act |
5 | | of 1986 and that is found by the
Agency to use, store, or |
6 | | manufacture a chemical substance in a quantity that
poses a |
7 | | threat to the environment or public health. Such a |
8 | | determination
shall be based on an on-site inspection conducted |
9 | | by the Agency and
certified to the IEMA. The Agency shall also |
10 | | conduct
inspections at the
request of IEMA or upon a written |
11 | | request setting forth a justification to
the IEMA from the |
12 | | chairman of the local emergency planning committee upon
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13 | | recommendation of the committee. The IEMA shall transmit a copy |
14 | | of the
request to the Agency. The Agency may, in the event of a |
15 | | reportable
release that occurs at any facility operated or |
16 | | owned by a business not
covered by the above SIC codes, conduct |
17 | | inspections if the site hazard
appears to warrant such action. |
18 | | The above notwithstanding, any farm
operation shall not be |
19 | | considered as a facility subject to this definition.
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20 | | Notwithstanding the above, for purposes of this Act, |
21 | | "business" does not
mean any facility for which the |
22 | | requirements promulgated at Part 1910.119 of
Title 29 of the |
23 | | Code of Federal Regulations are applicable or which has
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24 | | completed and submitted the plan required by Part 68 of Title |
25 | | 40 of the Code
of Federal Regulations, provided that such |
26 | | business conducts and
documents in writing an assessment for |
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1 | | any instance where the Agency provides
notice that a |
2 | | significant release of a chemical substance has occurred at a
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3 | | facility. Such assessment shall explain the nature, cause and |
4 | | known effects
of the release, any mitigating actions taken, and |
5 | | preventive measures that can
be employed to avoid a future |
6 | | release. Such assessment shall be available at
the facility for |
7 | | review within 30 days after the Agency notifies the facility
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8 | | that a significant release has occurred. The Agency may provide |
9 | | written
comments to the business following an on-site review of |
10 | | an assessment.
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11 | | "Chemical name" means the scientific designation of a |
12 | | chemical in
accordance with the nomenclature system developed |
13 | | by the International
Union of Pure and Applied Chemistry |
14 | | (IUPAC) or the American Chemical
Society's Chemical Abstracts |
15 | | Service (CAS) rules of nomenclature, or a name
that will |
16 | | clearly identify the chemical for hazard evaluation purposes.
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17 | | "Chemical substance" means any "extremely hazardous
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18 | | substance" listed in Appendix A of 40 C.F.R. Part 355 that is |
19 | | present at
a facility in an amount in excess of its threshold
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20 | | planning quantity, any "hazardous substance" listed in 40
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21 | | C.F.R. Section 302.4 that is present at a facility in an amount |
22 | | in excess of
its
reportable quantity or in excess of its |
23 | | threshold planning quantity if it is
also an "extremely |
24 | | hazardous substance",
and any petroleum including crude
oil
or |
25 | | any fraction thereof
that is present at a facility in an
amount |
26 | | exceeding 100 pounds unless it is specifically listed as a |
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1 | | "hazardous
substance" or an "extremely hazardous substance". |
2 | | "Chemical substance" does
not mean any substance to the extent |
3 | | it is used for personal, family, or
household purposes or to |
4 | | the extent it is present in the same form and
concentration as |
5 | | a product packaged for distribution to and use by the general
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6 | | public.
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7 | | "IEMA" means the Illinois Emergency Management Agency.
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8 | | "Facility" means the buildings and all real property |
9 | | contiguous thereto,
and the equipment at a single
location used |
10 | | for the conduct of business.
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11 | | "Local emergency planning committee" means the committee |
12 | | that is
appointed for an emergency planning district under the |
13 | | provisions of
Section 301 of the federal Emergency Planning and |
14 | | Community Right-to-Know
Act of 1986.
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15 | | "Release" means any sudden spilling, leaking, pumping, |
16 | | pouring, emitting,
escaping, emptying, discharging, injecting, |
17 | | leaching, dumping, or disposing
into the environment beyond the |
18 | | boundaries of a facility, but excludes
the following:
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19 | | (a) Any release that results in exposure to persons |
20 | | solely
within a workplace,
with respect to a claim that |
21 | | such persons may assert against their
employer.
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22 | | (b) Emissions from the engine exhaust of a motor |
23 | | vehicle, rolling
stock, aircraft, vessel, or pipeline |
24 | | pumping station engine.
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25 | | (c) Release of
source, byproduct, or special nuclear |
26 | | material from a nuclear incident, as
those terms are |
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1 | | defined in the Atomic Energy Act of 1954, if the release
is |
2 | | subject to requirements with respect to financial |
3 | | protection established
by the Nuclear Regulatory |
4 | | Commission under Section 170 of the Atomic
Energy Act of |
5 | | 1954.
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6 | | (d) The normal application of fertilizer.
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7 | | "Significant release" means any release which is so |
8 | | designated in writing
by the Agency or the IEMA based upon an |
9 | | inspection at the site of an
emergency incident, or any release |
10 | | which results in any evacuation,
hospitalization, or |
11 | | fatalities of the public.
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12 | | (Source: P.A. 97-333, eff. 8-12-11.)
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