Illinois General Assembly - Bill Status for SB1852
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 Bill Status of SB1852  102nd General Assembly


Short Description:  EPA-PERMITS-ETHYLENE OXIDE

Senate Sponsors
Sen. John F. Curran - Melinda Bush - Laura Ellman - Jacqueline Y. Collins - Suzy Glowiak Hilton, Laura Fine, Terry Link, Thomas Cullerton, Julie A. Morrison and Heather A. Steans

House Sponsors
(Rep. Jim Durkin - Grant Wehrli - Joyce Mason - Deanne M. Mazzochi, Rita Mayfield, Chris Miller, Terra Costa Howard, Diane Pappas, Kathleen Willis, Sam Yingling, Deb Conroy, Ann M. Williams, John Connor, Jonathan Carroll, Daniel Didech, Yehiel M. Kalish, Mary E. Flowers, Martin J. Moylan, Maurice A. West, II and Tom Weber)

Last Action
DateChamber Action
  6/21/2019SenatePublic Act . . . . . . . . . 101-0022

Statutes Amended In Order of Appearance
415 ILCS 5/9.16 new


Synopsis As Introduced
Amends the Environmental Protection Act. Provides that in the event of an ethylene oxide leak a facility shall issue a notice to all affected property owners and local government within 2,500 feet of the leak site. Effective immediately.

Senate Floor Amendment No. 2
Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that in the event of an ethylene oxide leak a facility shall issue a notice with specified information immediately upon discovery to all affected property owners and local government within 2,500 feet of the leak site. Provides that the amendatory Act's provisions apply only to an owner or operator of a sterilization source using one ton or more of ethylene oxide in a rolling 12-month period of sterilization or fumigation operations, and do not apply to beehive fumigators, research or laboratory facilities, or sources such as hospitals, doctors' offices, clinics, or other facilities for which the primary purpose is to provide medical services to humans or animals.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that no person shall conduct ethylene oxide sterilization operations, unless the ethylene oxide sterilization source captures 100% of all ethylene oxide emissions and reduces ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source by at least 99.9% or to 0.2 parts per million. Requires that, within 180 days after the effective date of the amendatory Act or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date as an ethylene oxide sterilization source, the owner or operator of the ethylene oxide sterilization source shall conduct an initial emissions test. Sets forth criteria for the test and requires certain information concerning the test be submitted to the Environmental Protection Agency. Requires the owner or operator of the ethylene oxide sterilization source to conduct emissions testing on all exhaust points at the ethylene oxide sterilization source at least once each calendar year (at least 6 months apart) to demonstrate compliance with these requirements and any applicable requirements concerning ethylene oxide that are set forth in either United States Environmental Protection Agency rules or Pollution Control Board rules. Provides that if certain conditions are not met the owner or operator of an ethylene oxide sterilization source shall immediately cease ethylene oxide sterilization operations and notify the Agency within 24 hours of becoming aware of a failed emissions test. Within 60 days after the date of the test, requires the owner or operator of the ethylene oxide sterilization source to: complete an analysis to determine the root cause of the failed emissions test; take any actions necessary to address that root cause; submit a report to the Agency; and restart operations only to the extent necessary to conduct additional emissions tests. Provides that, beginning 180 days after the effective date of the amendatory Act or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date of the amendatory Act as an ethylene oxide sterilization source, no person shall conduct ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization source submits for review and approval by the Agency an Ambient Air Monitoring Plan. Requires the owner or operator of an ethylene oxide sterilization source to apply for and obtain a construction permit from the Agency for any modifications made to the source to comply with the requirements of the amendatory Act and a modification of the source's operating permit to incorporate such modifications made to the source. Prohibits a person from conducting ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization source has performed dispersion modeling and the Agency approves such modeling. Prohibits a facility that is permitted to emit ethylene oxide and subject to a seal order from using ethylene oxide for sterilization or fumigation purposes. Requires specified entities to notify the Agency of any property right in sterilization technology that does not involve the use of ethylene oxide. Provides that, within 30 days after discovering noncompliance with specified requirements the Agency must post a notice on its website and notify the specified persons and entities. Requires the Agency to conduct at least one unannounced inspection of all ethylene oxide sterilization sources subject to the provisions per year. Requires the Agency to (i) conduct air testing to determine ambient levels of ethylene oxide and (ii) submit rules for ambient air testing of ethylene oxide to the Board within 180 days after the amendatory Act's effective date. Effective immediately.

Actions 
DateChamber Action
  2/15/2019SenateFiled with Secretary by Sen. John F. Curran
  2/15/2019SenateFirst Reading
  2/15/2019SenateReferred to Assignments
  2/19/2019SenateAdded as Chief Co-Sponsor Sen. Melinda Bush
  2/19/2019SenateAdded as Chief Co-Sponsor Sen. Laura Ellman
  2/19/2019SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  2/19/2019SenateAdded as Chief Co-Sponsor Sen. Suzy Glowiak Hilton
  2/20/2019SenateAdded as Co-Sponsor Sen. Laura Fine
  2/21/2019SenateAdded as Co-Sponsor Sen. Terry Link
  2/21/2019SenateAdded as Co-Sponsor Sen. Thomas Cullerton
  2/27/2019SenateAssigned to Environment and Conservation
  3/11/2019SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. John F. Curran
  3/11/2019SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/12/2019SenateAdded as Co-Sponsor Sen. Julie A. Morrison
  3/14/2019SenateDo Pass Environment and Conservation; 009-000-000
  3/14/2019SenatePlaced on Calendar Order of 2nd Reading March 19, 2019
  4/5/2019SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John F. Curran
  4/5/2019SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/9/2019SenateSenate Floor Amendment No. 2 Assignments Refers to Environment and Conservation
  4/9/2019SenateSecond Reading
  4/9/2019SenatePlaced on Calendar Order of 3rd Reading April 10, 2019
  4/10/2019SenateAdded as Co-Sponsor Sen. Heather A. Steans
  4/10/2019SenateSenate Floor Amendment No. 2 Recommend Do Adopt Environment and Conservation; 007-000-000
  4/10/2019SenateRecalled to Second Reading
  4/10/2019SenateSenate Floor Amendment No. 2 Adopted; Curran
  4/10/2019SenatePlaced on Calendar Order of 3rd Reading
  4/10/2019SenateThird Reading - Passed; 054-000-000
  4/10/2019SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  4/11/2019HouseArrived in House
  4/11/2019HouseChief House Sponsor Rep. Jim Durkin
  4/11/2019HouseAdded Alternate Chief Co-Sponsor Rep. Grant Wehrli
  4/11/2019HouseAdded Alternate Chief Co-Sponsor Rep. Joyce Mason
  4/11/2019HouseFirst Reading
  4/11/2019HouseReferred to Rules Committee
  4/30/2019HouseAssigned to Energy & Environment Committee
  5/8/2019HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  5/10/2019HouseRule 19(a) / Re-referred to Rules Committee
  5/22/2019HouseAssigned to Energy & Environment Committee
  5/22/2019HouseFinal Action Deadline Extended-9(b) May 31, 2019
  5/22/2019HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jim Durkin
  5/22/2019HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/22/2019HouseMotion Filed to Suspend Rule 21 Energy & Environment Committee; Rep. Gregory Harris
  5/22/2019HouseMotion to Suspend Rule 21 - Prevailed
  5/22/2019HouseAdded Alternate Chief Co-Sponsor Rep. Deanne M. Mazzochi
  5/22/2019HouseDo Pass / Short Debate Energy & Environment Committee; 026-000-000
  5/22/2019HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  5/22/2019HousePlaced on Calendar 2nd Reading - Short Debate
  5/22/2019HouseSecond Reading - Short Debate
  5/22/2019HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2019HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jim Durkin
  5/23/2019HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/23/2019HouseHouse Floor Amendment No. 2 Rules Refers to Energy & Environment Committee
  5/24/2019HouseHouse Floor Amendment No. 2 Recommends Be Adopted Energy & Environment Committee; 027-000-000
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Chris Miller
  5/24/2019HouseHouse Floor Amendment No. 2 Adopted
  5/24/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/24/2019HouseThird Reading - Short Debate - Passed 108-000-001
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Terra Costa Howard
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Diane Pappas
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Kathleen Willis
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Sam Yingling
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Deb Conroy
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Ann M. Williams
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. John Connor
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Jonathan Carroll
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Daniel Didech
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Yehiel M. Kalish
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Martin J. Moylan
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Maurice A. West, II
  5/26/2019HouseAdded Alternate Co-Sponsor Rep. Tom Weber
  5/27/2019SenateSecretary's Desk - Concurrence House Amendment(s) 2
  5/27/2019SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2 - May 28, 2019
  5/27/2019SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. John F. Curran
  5/27/2019SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/28/2019SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Environment and Conservation
  5/29/2019SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Environment and Conservation; 007-000-000
  5/30/2019SenateHouse Floor Amendment No. 2 Senate Concurs 053-000-000
  5/30/2019SenateSenate Concurs
  5/30/2019SenatePassed Both Houses
  6/5/2019SenateSent to the Governor
  6/21/2019SenateGovernor Approved
  6/21/2019SenateEffective Date June 21, 2019
  6/21/2019SenatePublic Act . . . . . . . . . 101-0022

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