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90_HB3633
415 ILCS 5/25b-7 new
Amends the Environmental Protection Act to provide that a
facility that has 2 or more releases of hazardous substances
a year that require notification under federal law shall hire
an outside consultant who is approved by the Environmental
Protection Agency to develop a comprehensive hazardous
substance use reduction program. Requires the facility to
submit a hazardous substance use reduction plan and an annual
progress report to the Agency and local community where the
facility is located. Requires the facility to comply with a
hazardous substance management hierarchy. Effective
immediately.
LRB9011009LDpkA
LRB9011009LDpkA
1 AN ACT to amend the Environmental Protection Act by
2 adding Section 25b-7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended
6 by adding Section 25b-7 as follows:
7 (415 ILCS 5/25b-7 new)
8 Sec. 25b-7. Hazardous substance use reduction program.
9 (a) The owner or operator of a facility that has 2 or
10 more releases of hazardous substances a year that require
11 notification under Section 304 of the federal Emergency
12 Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
13 11004) or subsection (a) of Section 103 of the federal
14 Comprehensive Environmental Response, Compensation, and
15 Liability Act of 1980 (42 U.S.C. 9603) shall hire an outside
16 consultant who is approved by the Agency to develop a
17 comprehensive hazardous substance use reduction program.
18 (b) The owner or operator of the facility shall submit a
19 hazardous substance use reduction plan and an annual progress
20 report to the Agency and the local community where the
21 facility is located. The hazardous substance use reduction
22 plan shall consist of the following components:
23 (1) Written policy articulating management and
24 corporate support for the plan and a commitment to
25 implementing planned activities and achieving established
26 goals within specific time frames.
27 (2) Specific scope and objective for the program.
28 (3) Prioritization of waste streams, preparation of
29 a process flow diagram for those processes selected for
30 study, and materials balance for each process utilizing
31 hazardous substances.
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1 (4) Generation of a descriptive analysis of current
2 hazardous substance use and hazardous and solid waste
3 generation, hazardous waste reduction, recycling, and
4 treatment activities.
5 (5) Identification of opportunities for further
6 hazardous substance use reduction, hazardous and solid
7 waste reduction, discharge and emissions reduction,
8 recycling, and treatment activities, together with an
9 analysis of the amount of reduction that would be
10 achieved and for what cost. This analysis shall
11 demonstrate compliance with the hazardous substance
12 management hierarchy under subsection (c) of this
13 Section.
14 (6) Selection of options to be implemented in
15 accordance with the hazardous substance management
16 hierarchy under subsection (c) of this Section.
17 (7) Analysis of the impediments to implementing the
18 options, such as adverse impacts to product quality,
19 legal or contractual obligations, economic practicality,
20 and technical feasibility.
21 (8) Written policy stating that in implementing the
22 selected options, risks will not be shifted from one part
23 of the process, environmental medium, or product to
24 another as the sole or primary means of achieving
25 emissions reduction.
26 (9) Statement of specific performance goals for
27 each of the following categories in numeric terms:
28 (A) Hazardous substances to be reduced or
29 eliminated through waste reduction techniques,
30 including air and water discharges and solid waste
31 generation.
32 (B) Materials or wastes to be recycled.
33 (C) Wastes to be treated.
34 Goals must be set for a 2-year and a 5-year period
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1 from the date of establishment of numeric goals. If
2 establishment of numeric performance goals are not
3 practicable, a clearly stated list of objectives must be
4 prepared that is designed to lead to the establishment of
5 numeric goals as soon as is practicable.
6 (10) Acknowledgment of the principle of achieving
7 zero discharge of persistent toxic substances into all
8 environmental media, including air, water, and land.
9 (11) Description of how the wastes are managed that
10 are not recycled or treated and how residues from
11 recycling and treatment processes are managed.
12 (12) Financial description of the plan, including
13 resource requirements, methods for tracking progress, and
14 financial analysis techniques that address hazardous
15 substance use and hazardous and solid waste management
16 costs and that factor in liability, compliance, and
17 oversight costs. This description shall include
18 information that will allow for an understanding of
19 avoided costs, such as reduced need for capital
20 expenditures, reduced maintenance needs, and similar
21 types of examples of actual or expected cost reductions.
22 This analysis shall also factor in any monetary credits
23 received for undertaking this hazardous substance use
24 reduction program.
25 (13) Personnel training and employee involvement
26 program.
27 (14) Documentation of hazardous substance use
28 reduction and hazardous and solid waste reduction efforts
29 completed before or in progress at the time of the first
30 reporting date.
31 (15) Executive summary of the plan.
32 The owner or operator of the facility shall advise its
33 employees of the planning process. Those developing the plan
34 shall solicit comments or suggestions from the employees on
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1 hazardous substance use and waste reduction options.
2 The annual progress report shall include a description of
3 the progress made toward achieving the specific performance
4 goals established for the facility under subdivision (9) of
5 this subsection (b).
6 (c) The facility shall comply with the following
7 hazardous substance management hierarchy:
8 (1) Hazardous substance use reduction. The
9 greatest emphasis must be on elimination of the use of
10 toxic chemicals from operations. When elimination is not
11 possible, every effort to use less toxic substitutes must
12 be made. Elimination or substitution studies shall
13 include, at a minimum, an analysis of raw material
14 substitution or product reformulation or both.
15 (2) Hazardous waste reduction. The second emphasis
16 must be on process changes to eliminate the release of
17 toxic substances into the environment. Closed-loop
18 systems, improved plant operations, and other technology
19 and equipment modifications must be studied to maximize
20 in-process reuse, recycling, and recovery of materials.
21 (3) Recycling. The emphasis must be on on-site
22 recycling when all source reduction and waste reduction
23 remedies have been exhausted. Off-site recycling should
24 be used when on-site recycling cannot be achieved.
25 (4) Treatment. When the goals in subdivisions (1),
26 (2), and (3) of this subsection (c) cannot be achieved,
27 detoxification of toxic materials should be achieved in
28 order to minimize discharge of harmful pollutants into
29 the environment.
30 First consideration in the hazardous substance hierarchy
31 planning process must be given to options in subdivisions (1)
32 and (2) of this subsection (c). Recycling options may be
33 considered only after hazardous substance use reduction and
34 hazardous and solid waste reduction options have been
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1 thoroughly researched and shown to be inappropriate.
2 Treatment options may be considered only after the strategies
3 in subdivisions (1), (2), and (3) of this subsection (c) have
4 been exhausted.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.