Bill Amendment: IL HB3888 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EPA-ETHYLENE OXIDE PHASE OUT

Status: 2019-12-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB3888 Detail]

Download: Illinois-2019-HB3888-House_Amendment_002.html

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Rep. Rita Mayfield

Filed: 10/29/2019

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

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

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

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

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

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

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

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

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

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

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