Bill Text: IL HB3505 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Environmental Protection Act. In provisions regarding ethylene oxide emissions from nonnegligible ethylene oxide emissions sources, adds requirements for an Ambient Air Monitoring Plan that substantially mirror requirements in provisions regarding ethylene oxide emissions from ethylene oxide sterilization sources. Changes the definition of "nonnegligible ethylene oxide emissions source" to any ethylene oxide emissions source permitted by the Agency that currently emits more than 30 pounds of ethylene oxide, with certain other requirements (rather than an ethylene oxide emissions source permitted by the Agency that currently emits more than 150 pounds of ethylene oxide, with certain other requirements). Removes a provision in that definition that excludes facilities that are ethylene oxide sterilization sources or hospitals that are licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-18 - Referred to Rules Committee [HB3505 Detail]

Download: Illinois-2025-HB3505-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3505 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
415 ILCS 5/9.17
Amends the Environmental Protection Act. In provisions regarding ethylene oxide emissions from nonnegligible ethylene oxide emissions sources, adds requirements for an Ambient Air Monitoring Plan that substantially mirror requirements in provisions regarding ethylene oxide emissions from ethylene oxide sterilization sources. Changes the definition of "nonnegligible ethylene oxide emissions source" to any ethylene oxide emissions source permitted by the Agency that currently emits more than 30 pounds of ethylene oxide, with certain other requirements (rather than an ethylene oxide emissions source permitted by the Agency that currently emits more than 150 pounds of ethylene oxide, with certain other requirements). Removes a provision in that definition that excludes facilities that are ethylene oxide sterilization sources or hospitals that are licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Section 9.17 as follows:
(415 ILCS 5/9.17)
Sec. 9.17. Nonnegligible ethylene oxide emissions sources.
(a) In this Section, "nonnegligible ethylene oxide
emissions source" means any an ethylene oxide emissions source
permitted by the Agency that currently emits more than 30 150
pounds of ethylene oxide as reported on the source's 2017
Toxic Release Inventory and is located in a county with a
population of at least 700,000 based on 2010 census data.
"Nonnegligible ethylene oxide emissions source" does not
include facilities that are ethylene oxide sterilization
sources or hospitals that are licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act.
(b) Beginning 180 days after June 21, 2019 (the effective
date of Public Act 101-23), no nonnegligible ethylene oxide
emissions source shall conduct activities that cause ethylene
oxide emissions unless the owner or operator of the
nonnegligible ethylene oxide emissions source submits for

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review and approval of the Agency a plan describing how the
owner or operator will continuously collect emissions
information. The plan must specify locations at the
nonnegligible ethylene oxide emissions source from which
emissions will be collected and identify equipment used for
collection and analysis, including the individual system
components.
(1) The owner or operator of the nonnegligible
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 3 business days after receiving the
Agency's conditional acceptance or denial of the plan.
(2) Upon the Agency's approval of the plan the owner
or operator of the nonnegligible ethylene oxide emissions
source shall implement the plan in accordance with its
approved terms.
(b-5) Beginning 180 days after the effective date of this
amendatory Act of the 104th General Assembly, no nonnegligible
ethylene oxide emissions source shall conduct activities that
cause ethylene oxide emissions unless the owner or operator of
the nonnegligible ethylene oxide emissions source submits for
review and approval by the Agency an Ambient Air Monitoring
Plan.
(1) The Ambient Air Monitoring Plan shall include, at
a minimum, the following:

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(A) Detailed plans to collect and analyze air
samples for ethylene oxide, pursuant to the United
States Environmental Protection Agency Methods 325A
and 325B, on at least a quarterly basis near the
property boundaries of the nonnegligible ethylene
oxide emissions source and at community locations with
the highest modeled impact pursuant to the modeling
conducted under subsection (c). Each quarterly
sampling under this subsection shall be conducted over
a multiple-day sampling period.
(B) A schedule for implementation.
(C) The name of the independent third party
company that will be performing sampling and analysis
and the company's experience with similar testing.
(2) The owner or operator of the nonnegligible
ethylene oxide emissions source must provide a notice of
acceptance of any conditions added by the Agency to the
Ambient Air Monitoring Plan, or correct any deficiencies
identified by the Agency in the Ambient Air Monitoring
Plan, within 3 business days after receiving the Agency's
conditional acceptance or denial of the plan.
(3) Upon the Agency's approval of the plan, the owner
or operator of the nonnegligible ethylene oxide emissions
source shall implement the Ambient Air Monitoring Plan in
accordance with its approved terms.
(c) Beginning 180 days after June 21, 2019 (the effective

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date of Public Act 101-23), no nonnegligible ethylene oxide
emissions source shall conduct activities that cause ethylene
oxide emissions unless the owner or operator of the
nonnegligible ethylene oxide emissions source has performed
dispersion modeling and the Agency approves the dispersion
modeling.
(1) Dispersion modeling must:
(A) be conducted using accepted United States
Environmental Protection Agency methodologies,
including Appendix W to 40 CFR 51, except that no
background ambient levels of ethylene oxide shall be
used;
(B) use emissions and stack parameter data from
any emissions test conducted and 5 years of hourly
meteorological data that is representative of the
nonnegligible ethylene oxide emissions source's
location; and
(C) use a receptor grid that extends to at least
one kilometer around the nonnegligible ethylene oxide
emissions source and ensures the modeling domain
includes the area of maximum impact, with receptor
spacing no greater than every 50 meters starting from
the building walls of the nonnegligible ethylene oxide
emissions source extending out to a distance of at
least 1/2 kilometer, then every 100 meters extending
out to a distance of at least one kilometer.

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(2) The owner or operator of the nonnegligible
ethylene oxide emissions source shall submit revised
results of all modeling if the Agency accepts with
conditions or declines to accept the results submitted.
(d) Beginning 180 days after June 21, 2019 (the effective
date of Public Act 101-23), no nonnegligible ethylene oxide
emissions source shall conduct activities that cause ethylene
oxide emissions unless the owner or operator of the
nonnegligible ethylene oxide emissions source obtains a permit
consistent with the requirements in this Section from the
Agency to conduct activities that may result in the emission
of ethylene oxide.
(e) The Agency in issuing the applicable permits to a
nonnegligible ethylene oxide emissions source shall:
(1) impose a site-specific annual cap on ethylene
oxide emissions set to protect the public health; and
(2) include permit conditions granting the Agency the
authority to reopen the permit if the Agency determines
that the emissions of ethylene oxide from the permitted
nonnegligible ethylene oxide emissions source pose a risk
to the public health as defined by the Agency.
(Source: P.A. 101-23, eff. 6-21-19; 102-558, eff. 8-20-21.)