Illinois General Assembly - Full Text of HB3888
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Full Text of HB3888  101st General Assembly

HB3888ham002 101ST GENERAL ASSEMBLY

Rep. Rita Mayfield

Adopted in House on Oct 30, 2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3888

2    AMENDMENT NO. ______. Amend House Bill 3888, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Environmental Protection Act is amended by
6adding Section 9.18 as follows:
 
7    (415 ILCS 5/9.18 new)
8    Sec. 9.18. Ethylene oxide phase-out.
9    (a) In this Section:
10    "Densely populated location" means a location that does not
11qualify as a remote location as defined in this subsection.
12    "Ethylene oxide emissions source" means a stationary
13source that currently, or at any point in the previous 15
14years, emits, emitted, or has the potential to emit ethylene
15oxide into the atmosphere, regardless of the specific emissions
16source. "Ethylene oxide emissions source" does not include an

 

 

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1ethylene oxide sterilization source, hospital, or natural
2biological source such as the human body, plant, or animal.
3    "Ethylene oxide sterilization operation" means the process
4of using ethylene oxide to make one or more items free from
5microorganisms, pathogens, or both microorganisms and
6pathogens.
7    "Ethylene oxide sterilization source" means a stationary
8source where operations include ethylene oxide sterilization
9operations and that currently, or at any point in the previous
1015 years, emits, emitted, or has the potential to emit ethylene
11oxide into the atmosphere, regardless of its emissions source.
12"Ethylene oxide sterilization source" does not include a
13hospital as defined in this subsection.
14    "Hospital" means a hospital licensed under the Hospital
15Licensing Act or operated under the University of Illinois
16Hospital Act.
17    "Remote location" means a location removed from
18populations especially vulnerable to the emission of ethylene
19oxide. "Remote location" only includes a location meeting the
20requirements of the following paragraphs (1) or (2).
21        (1) In counties with an average population density of
22    less than 1,000 people per square mile, the location must
23    be:
24            (A) at the center of a 5 mile radius within which
25        there is a population density of 100 people or fewer
26        per square mile; and

 

 

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1            (B) at least 5 miles from the nearest registered
2        day care or school serving students in grades preschool
3        through 12 and in existence before October 1, 2019.
4        (2) In counties with an average population density
5    equal to or greater than 1,000 people per square mile, the
6    location must be:
7            (A) at the center of a 10 mile radius within which
8        there is a population density of 100 people or fewer
9        per square mile; and
10            (B) at least 10 miles from the nearest registered
11        day care or school serving students in grades preschool
12        through 12 and in existence before October 1, 2019.
13    (b) Ethylene oxide sterilization sources are subject to the
14following requirements:
15        (1) On and after January 1, 2021, no ethylene oxide
16    sterilization source in a densely populated location shall
17    conduct ethylene oxide sterilization operations that
18    result in the emission of ethylene oxide or propylene
19    oxide.
20        (2) On and after January 1, 2021, no ethylene oxide
21    sterilization source in a remote location shall emit more
22    than 30 pounds of ethylene oxide or 30 pounds of propylene
23    oxide annually.
24        (3) Within 90 days after the effective date of this
25    amendatory Act of the 101st General Assembly, each ethylene
26    oxide sterilization source shall submit a letter to the

 

 

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1    Agency stating whether they intend to modify or phase out
2    the emissions of ethylene oxide consistent with their
3    obligations established under this Section. Upon receipt
4    by the Agency, the Agency shall make the letter publicly
5    available on the Agency's website.
6        (4) No ethylene oxide sterilization source shall
7    conduct ethylene oxide sterilization operations or other
8    activities that cause ethylene oxide or propylene oxide
9    emissions unless the owner or operator of the ethylene
10    oxide sterilization source submits for review and approval
11    by the Agency a plan describing how the owner or operator
12    will continuously collect emissions information. The plan
13    must also specify locations at the source from which
14    emissions will be collected and identify equipment used for
15    their collection and analysis, including the equipment's
16    individual system components. Emissions monitoring
17    equipment must be tested and validated at least once in any
18    12-month period and the results forwarded to the Agency.
19        (5) In issuing the applicable permits to ethylene oxide
20    sterilization sources, the Agency shall include
21    limitations, informed by each ethylene oxide sterilization
22    source's risk management plan, on the amount of ethylene
23    oxide that may be stored on-site to protect public health,
24    public safety, and the environment. Prior to issuing the
25    applicable permits, the Agency shall require the
26    submission of documentation demonstrating that the permit

 

 

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1    applicant is in compliance, and will maintain compliance,
2    with local, State, and federal law governing the storage of
3    ethylene oxide. All permits issued by the Agency shall
4    grant the Agency the authority to modify the permit to
5    change limitations on the amount of ethylene oxide that can
6    be stored on-site at any time and to modify storage
7    practices or equipment requirements. All permits issued by
8    the Agency shall grant the Agency the right to conduct
9    unannounced inspections. The Agency shall conduct at least
10    one unannounced inspection annually of the ethylene oxide
11    storage system for each permit holder.
12        (6) Ethylene oxide sterilization sources shall be
13    required to submit or resubmit a risk management plan to
14    the Agency within 90 days of the effective date of this
15    amendatory Act of the 101st General Assembly, on or before
16    December 31, 2020, and on or before December 31 of every
17    fifth year thereafter.
18    (c) Hospitals are subject to the following requirements:
19        (1) On and after January 1, 2023, any hospital
20    designated as a critical access hospital by the Centers for
21    Medicare and Medicaid Services under the federal Balanced
22    Budget Act of 1997 shall not conduct ethylene oxide
23    sterilization operations.
24        (2) On and after January 1, 2022, any hospital not
25    designated as a critical access hospital by the Centers for
26    Medicare and Medicaid Services shall not conduct ethylene

 

 

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1    oxide sterilization operations.
2        (3) Within 90 days after the effective date of this
3    amendatory Act of the 101st General Assembly, any hospital
4    conducting ethylene oxide sterilization operations shall
5    submit a letter to the Agency committing the hospital to
6    phase out the emissions of ethylene oxide by applicable
7    deadlines established under this Section.
8    (d) Ethylene oxide emissions sources are subject to the
9following requirements:
10        (1) On and after January 1, 2021, no ethylene oxide
11    emissions source in a densely populated location shall
12    conduct operations or other activities that emit ethylene
13    oxide in excess of 30 pounds annually and 3 pounds monthly.
14        (2) Beginning 90 days after the effective date of this
15    amendatory Act of the 101st General Assembly, no ethylene
16    oxide emissions source shall conduct activities that cause
17    ethylene oxide emissions unless the owner or operator
18    submits for review and approval by the Agency a plan
19    describing how the ethylene oxide emissions source will
20    continuously collect emissions information. Each ethylene
21    oxide emissions source must specify in its plan all
22    locations at which ethylene oxide may enter the atmosphere
23    at each emissions source and shall install proper
24    monitoring equipment. The equipment for monitoring and
25    collecting emissions must be installed and the owner or
26    operator of the ethylene oxide emissions source must begin

 

 

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1    reporting the results to the Agency within 120 days of the
2    effective date of this amendatory Act of the 101st General
3    Assembly. The plan must also specify locations at the
4    source from which emissions will be collected and identify
5    equipment used for collection and analysis, including the
6    equipment's individual system components. The emissions
7    monitoring equipment must be tested and validated at least
8    once in any 12-month period and the results forwarded to
9    the Agency.
10            (A) The owner or operator of an ethylene oxide
11        emissions source must provide a notice of acceptance of
12        any conditions added by the Agency to the plan, or
13        correct any deficiencies identified by the Agency in
14        the plan, within 10 business days after receiving the
15        Agency's conditional acceptance or denial of the plan.
16            (B) Upon the Agency's approval of the plan, the
17        owner or operator of the ethylene oxide emissions
18        source shall implement the plan in accordance with its
19        approved terms.
20        (3) Each ethylene oxide emissions source shall report
21    to the Agency the amount of ethylene oxide used and the
22    ethylene oxide emissions created at the ethylene oxide
23    emissions source annually. All reports submitted to the
24    Agency shall include documentation necessary to verify the
25    quantity used and purchased by the ethylene oxide emissions
26    source.

 

 

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1        (4) In issuing the applicable permits to ethylene oxide
2    emissions sources, the Agency shall include limitations,
3    informed by each ethylene oxide emissions source's risk
4    management plan, on the amount of ethylene oxide that may
5    be stored on-site to protect public health, public safety,
6    and the environment. The unit of local government in which
7    the ethylene oxide emissions source is located may regulate
8    the storage of ethylene oxide in a manner that is more
9    restrictive or matches the standards established by the
10    Agency. Prior to issuing the applicable permits, the Agency
11    shall require the submission of documentation
12    demonstrating that the permit applicant is in compliance,
13    and will maintain compliance, with local, State, and
14    federal law governing the storage of ethylene oxide. All
15    permits issued by the Agency shall grant the Agency the
16    authority to modify the permit to change limitations on the
17    amount of ethylene oxide that can be stored on-site at any
18    time and to modify storage practices or equipment
19    requirements. All permits issued by the Agency shall grant
20    the Agency the right to conduct unannounced inspections.
21    The Agency shall conduct at least one unannounced
22    inspection annually of the ethylene oxide storage system
23    for each permit holder.
24        (5) The Agency shall set annual emissions limitations
25    on ethylene oxide emissions that are equal to or lesser
26    than the maximums established under this Section for all

 

 

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1    ethylene oxide emissions sources. The limitations shall be
2    set to provide maximum protection for public health without
3    consideration of financial cost. No ethylene oxide
4    emissions source shall conduct operations or other
5    activities that emit ethylene oxide in excess of 150 pounds
6    annually.
7        (6) In establishing the annual emissions limitation on
8    ethylene oxide emissions sources in remote locations, the
9    Agency shall consider the health and safety of children in
10    rural schools. On and after January 1, 2021, no ethylene
11    oxide emissions source in a remote location shall conduct
12    operations or other activities that emit ethylene oxide in
13    excess of 30 pounds annually and 3 pounds monthly if the
14    emissions source is within 5 miles of the nearest
15    registered day care or school serving students in grades
16    preschool through 12 and in existence before October 1,
17    2019.
18        (7) Ethylene oxide emissions sources shall be required
19    to submit or resubmit a risk management plan to the Agency
20    within 90 days of the effective date of this amendatory Act
21    of the 101st General Assembly, on or before December 31,
22    2020, and on or before December 31 of every fifth year
23    thereafter.
24    (e) On and after January 1, 2022, the maximum cumulative
25emissions in a densely populated location from any sum of
26ethylene oxide emissions sources, hospitals, and ethylene

 

 

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1oxide sterilization sources located within 3 and one half miles
2of each other shall not exceed 35 pounds annually, inclusive of
3any emissions not emanating from any stack. The Agency shall
4set emissions limitations for individual ethylene oxide
5emissions sources to comply with this requirement. If multiple
6applicants request to emit ethylene oxide in a collective sum
7that is greater than the annual collective maximum regional
8emissions established under this subsection, the Agency shall
9prioritize applicants seeking to provide medical services,
10such as hospitals and ethylene oxide sterilization sources that
11sterilize medical products.
12    (f) The Agency shall conduct a comprehensive review of
13ethylene oxide use and emissions within the State of Illinois.
14The Agency shall submit its findings in a report to the General
15Assembly and make the report publicly available on the Agency's
16website on or before June 30, 2021. At a minimum, the report
17shall include the following:
18        (1) A comprehensive assessment of where ethylene oxide
19    is used at levels that may cause measurable emissions.
20        (2) The Agency's recommendations for future
21    administrative actions, regulations, or legislation
22    pertaining to ethylene oxide, designed to provide maximum
23    protection to public health.
24        (3) The Agency's assessment of the risk to human health
25    and environmental damage that can be caused by exposure to
26    ethylene oxide.
 

 

 

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1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.".