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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Environmental Protection Act is amended by
5adding Section 22.57 as follows:
 
6    (415 ILCS 5/22.57 new)
7    Sec. 22.57. Perchloroethylene in drycleaning.
8    (a) For the purposes of this Section:
9    "Drycleaning" means the process of cleaning clothing,
10garments, textiles, fabrics, leather goods, or other like
11articles using a nonaqueous solvent.
12    "Drycleaning machine" means any machine, device, or other
13equipment used in drycleaning.
14    "Drycleaning solvents" means solvents used in drycleaning.
15    "Perchloroethylene drycleaning machine" means a
16drycleaning machine that uses perchloroethylene.
17    "Primary control system" means a refrigerated condenser or
18an equivalent closed-loop vapor recovery system that reduces
19the concentration of perchloroethylene in the recirculating
20air of a perchloroethylene drycleaning machine.
21    "Refrigerated condenser" means a closed-loop vapor
22recovery system into which perchloroethylene vapors are
23introduced and trapped by cooling below the dew point of the

 

 

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1perchloroethylene.
2    "Secondary control system" means a device or apparatus that
3reduces the concentration of perchloroethylene in the
4recirculating air of a perchloroethylene drycleaning machine
5at the end of the drying cycle beyond the level achievable with
6a refrigerated condenser alone.
7    (b) The following shall apply until January 1, 2030:
8        (1) Perchloroethylene drycleaning machines in
9    operation on the effective date of this Section that have a
10    primary control system but not a secondary control system
11    can continue to be used until the end of their useful life,
12    provided that perchloroethylene drycleaning machines that
13    do not have a secondary control system cannot be operated
14    at a facility other than the facility at which they were
15    located on the effective date of this Section.
16        (2) Except as allowed under paragraph (1) of subsection
17    (b) of this Section, no person shall install or operate a
18    perchloroethylene drycleaning machine unless the machine
19    has a primary control system and a secondary control
20    system.
21    (c) On and after January 1, 2030, no person shall install
22or operate a perchloroethylene drycleaning machine.
23    (d) Beginning January 1, 2013, no person shall operate a
24drycleaning machine unless all of the following are met:
25        (1) During the operation of the machine, a person with
26    the following training is present at the facility where the

 

 

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1    machine is located:
2            (A) Successful completion of an initial
3        environmental training course that is approved by the
4        Dry Cleaner Environmental Response Trust Fund Council,
5        in consultation with the Agency, as providing
6        appropriate training on drycleaning best management
7        practices, including, but not limited to, reducing
8        solvent air emissions, reducing solvent spills and
9        leaks, protecting groundwater, and promoting the
10        efficient use of solvents.
11            (B) Once every 4 years after completion of the
12        initial environmental training course, successful
13        completion of a refresher environmental training
14        course that is approved by the Dry Cleaner
15        Environmental Response Trust Fund Council, in
16        consultation with the Agency, as providing (i)
17        appropriate review and updates on drycleaning best
18        management practices, including, but not limited to,
19        reducing solvent air emissions, reducing solvent
20        spills and leaks, protecting groundwater, and
21        promoting the efficient use of solvents, and (ii) until
22        January 1, 2030, information on drycleaning solvents,
23        technologies, and alternatives that do not utilize
24        perchloroethylene.
25        (2) Proof of successful completion of the training
26    required under paragraph (1) of subsection (d) of this

 

 

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1    Section is maintained at the drycleaning facility. Proof of
2    successful completion of the training must be made
3    available for inspection and copying by the Agency or units
4    of local government during normal business hours.
5        (3) All of the following secondary containment
6    measures are in place:
7            (A) There is a containment dike or other
8        containment structure around each machine, item of
9        equipment, drycleaning area, and portable waste
10        container in which any drycleaning solvent is
11        utilized, which shall be capable of containing leaks,
12        spills, or releases of drycleaning solvent from that
13        machine, item, area, or container. The containment
14        dike or other containment structure shall be capable of
15        at least the following: (i) containing a capacity of
16        110% of the drycleaning solvent in the largest tank or
17        vessel within the machine; (ii) containing 100% of the
18        drycleaning solvent of each item of equipment or
19        drycleaning area; and (iii) containing 100% of the
20        drycleaning solvent of the largest portable waste
21        container or at least 10% of the total volume of the
22        portable waste containers stored within the
23        containment dike or structure, whichever is greater.
24        Petroleum underground storage tank systems that are
25        upgraded in accordance with USEPA upgrade standards
26        pursuant to 40 CFR Part 280 for the tanks and related

 

 

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1        piping systems and use a leak detection system approved
2        by the USEPA or the Agency are exempt from this
3        subparagraph (A).
4            (B) Those portions of diked floor surfaces on which
5        a drycleaning solvent may leak, spill, or otherwise be
6        released have been sealed or otherwise rendered
7        impervious.
8            (C) All chlorine-based drycleaning solvent is
9        delivered to the drycleaning facility by means of
10        closed, direct-coupled delivery systems. The Dry
11        Cleaner Environmental Response Trust Fund Council may
12        adopt rules specifying methods of delivery of solvents
13        other than chlorine-based solvents to drycleaning
14        facilities. Solvents other than chlorine-based
15        solvents must be delivered to drycleaning facilities
16        in accordance with rules adopted by the Dry Cleaner
17        Environmental Response Trust Fund Council.
18    (e) Manufacturers of drycleaning solvents or other
19cleaning agents used as alternatives to perchloroethylene
20drycleaning that are sold or offered for sale in Illinois must,
21in accordance with Agency rules, provide to the Agency
22sufficient information that will allow the Agency to determine
23whether the drycleaning solvents or cleaning agents may pose
24negative impacts to human health or the environment. These
25alternatives shall include, but are not limited to, drycleaning
26solvents or other cleaning agents used in solvent-based

 

 

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1cleaning, carbon-dioxide based cleaning, and professional wet
2cleaning methods. The information shall include, but is not
3limited to, information regarding the physical and chemical
4properties of the drycleaning solvents or cleaning agents and
5toxicity data. No later than July 1, 2013, the Agency shall
6adopt rules specifying the information that manufacturers must
7submit under this subsection (e). The rules must include, but
8shall not be limited to, a deadline for submission of the
9information to the Agency. The Agency shall post information
10resulting from its review of the drycleaning solvents and
11cleaning agents on the Agency's website.
12    (f) In order to provide drycleaners with information about
13alternatives to the use of perchlorethylene in drycleaning, the
14Agency shall review alternatives to determine whether they (i)
15are allowed by law and (ii) may pose negative impacts to human
16health or the environment. The Agency shall conduct its review
17at least 3 times: by January 1, 2015, by January 1, 2021, and
18by January 1, 2028. The Agency shall post information resulting
19from these reviews on its website and otherwise distribute the
20information to drycleaners.
21    (g) Prior to January 1, 2030, but no earlier than January
221, 2028, the drycleaning industry, in consultation with the
23Agency, may recommend to the General Assembly a delay in the
24deadline set forth in subsection (c) of this Section if
25technically and economically feasible alternatives to the use
26of perchloroethylene drycleaning machines will not be

 

 

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1available by January 1, 2030.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.