Bill Text: IL HB4526 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Environmental Protection Act. Beginning January 1, 2013, authorizes the use of (i) perchloroethylene drycleaning machines that have only a primary control system, but only for the remainder of each machine's useful life and at the facility at which it is located on the effective date of the amendatory Act and (ii) perchloroethylene drycleaning machines that have primary and secondary control systems. Beginning January 1, 2014, prohibits a person from operating a drycleaning machine unless (i) a person with specified training is present at the facility during the machine's operation and (ii) certain secondary containment measures are in place. Requires manufacturers of drycleaning solvents or other cleaning agents used in drycleaning to provide the Agency with certain information about those products. Requires the Agency, by no later than January 1, 2016, to submit to the General Assembly a report on the impact to groundwater from newly discovered releases of perchloroethylene in the State. Defines "drycleaning", "drycleaning machine", "drycleaning solvents", "perchloroethylene drycleaning machine", "primary control system", "refrigerated condenser", and "secondary control system". Effective January 1, 2013.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1057 [HB4526 Detail]

Download: Illinois-2011-HB4526-Engrossed.html

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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
adding Section 22.57 as follows:
(415 ILCS 5/22.57 new)
Sec. 22.57. Perchloroethylene in drycleaning.
(a) For the purposes of this Section:
"Drycleaning" means the process of cleaning clothing,
garments, textiles, fabrics, leather goods, or other like
articles using a nonaqueous solvent.
"Drycleaning machine" means any machine, device, or other
equipment used in drycleaning.
"Drycleaning solvents" means solvents used in drycleaning.
"Perchloroethylene drycleaning machine" means a
drycleaning machine that uses perchloroethylene.
"Primary control system" means a refrigerated condenser or
an equivalent closed-loop vapor recovery system that reduces
the concentration of perchloroethylene in the recirculating
air of a perchloroethylene drycleaning machine.
"Refrigerated condenser" means a closed-loop vapor
recovery system into which perchloroethylene vapors are
introduced and trapped by cooling below the dew point of the

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perchloroethylene.
"Secondary control system" means a device or apparatus that
reduces the concentration of perchloroethylene in the
recirculating air of a perchloroethylene drycleaning machine
at the end of the drying cycle beyond the level achievable with
a refrigerated condenser alone.
(b) Beginning January 1, 2013:
(1) Perchloroethylene drycleaning machines in
operation on the effective date of this Section that have a
primary control system but not a secondary control system
can continue to be used until the end of their useful life,
provided that perchloroethylene drycleaning machines that
do not have a secondary control system cannot be operated
at a facility other than the facility at which they were
located on the effective date of this Section.
(2) Except as allowed under paragraph (1) of subsection
(b) of this Section, no person shall install or operate a
perchloroethylene drycleaning machine unless the machine
has a primary control system and a secondary control
system.
(c) Beginning January 1, 2014, no person shall operate a
drycleaning machine unless all of the following are met:
(1) During the operation of the machine, a person with
the following training is present at the facility where the
machine is located:
(A) Successful completion of an initial

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environmental training course that is approved by the
Dry Cleaner Environmental Response Trust Fund Council,
in consultation with the Agency and representatives of
the drycleaning industry, as providing appropriate
training on drycleaning best management practices,
including, but not limited to, reducing solvent air
emissions, reducing solvent spills and leaks,
protecting groundwater, and promoting the efficient
use of solvents.
(B) Once every 4 years after completion of the
initial environmental training course, successful
completion of a refresher environmental training
course that is approved by the Dry Cleaner
Environmental Response Trust Fund Council, in
consultation with the Agency and representatives of
the drycleaning industry, as providing (i) appropriate
review and updates on drycleaning best management
practices, including, but not limited to, reducing
solvent air emissions, reducing solvent spills and
leaks, protecting groundwater, and promoting the
efficient use of solvents, and (ii) information on
drycleaning solvents, technologies, and alternatives
that do not utilize perchloroethylene.
(2) Proof of successful completion of the training
required under paragraph (1) of subsection (c) of this
Section is maintained at the drycleaning facility. Proof of

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successful completion of the training must be made
available for inspection and copying by the Agency or units
of local government during normal business hours.
(3) All of the following secondary containment
measures are in place:
(A) There is a containment dike or other
containment structure around each machine, item of
equipment, drycleaning area, and portable waste
container in which any drycleaning solvent is
utilized, which shall be capable of containing leaks,
spills, or releases of drycleaning solvent from that
machine, item, area, or container. The containment
dike or other containment structure shall be capable of
at least the following: (i) containing a capacity of
110% of the drycleaning solvent in the largest tank or
vessel within the machine; (ii) containing 100% of the
drycleaning solvent of each item of equipment or
drycleaning area; and (iii) containing 100% of the
drycleaning solvent of the largest portable waste
container or at least 10% of the total volume of the
portable waste containers stored within the
containment dike or structure, whichever is greater.
Petroleum underground storage tank systems that are
upgraded in accordance with USEPA upgrade standards
pursuant to 40 CFR Part 280 for the tanks and related
piping systems and use a leak detection system approved

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by the USEPA or the Agency are exempt from this
subparagraph (A).
(B) Those portions of diked floor surfaces on which
a drycleaning solvent may leak, spill, or otherwise be
released have been sealed or otherwise rendered
impervious.
(C) All chlorine-based drycleaning solvent is
delivered to the drycleaning facility by means of
closed, direct-coupled delivery systems. The Dry
Cleaner Environmental Response Trust Fund Council may
adopt rules specifying methods of delivery of solvents
other than chlorine-based solvents to drycleaning
facilities. Solvents other than chlorine-based
solvents must be delivered to drycleaning facilities
in accordance with rules adopted by the Dry Cleaner
Environmental Response Trust Fund Council.
(d) Manufacturers of drycleaning solvents or other
cleaning agents used as alternatives to perchloroethylene
drycleaning that are sold or offered for sale in Illinois must,
in accordance with Agency rules, provide to the Agency
sufficient information to allow the Agency to determine whether
the drycleaning solvents or cleaning agents may pose negative
impacts to human health or the environment. These alternatives
shall include, but are not limited to, drycleaning solvents or
other cleaning agents used in solvent-based cleaning,
carbon-dioxide based cleaning, and professional wet cleaning

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methods. The information shall include, but is not limited to,
information regarding the physical and chemical properties of
the drycleaning solvents or cleaning agents and toxicity data.
No later than July 1, 2015, the Agency shall adopt in
accordance with the Illinois Administrative Procedure Act
rules specifying the information that manufacturers must
submit under this subsection (d). The rules must include, but
shall not be limited to, a deadline for submission of the
information to the Agency. No later than July 1, 2018, the
Agency shall post information resulting from its review of the
drycleaning solvents and cleaning agents on the Agency's
website.
(e) No later than January 1, 2016, the Agency shall submit
to the General Assembly a report on the impact to groundwater
from newly discovered releases of perchloroethylene in this
State. Depending on the nature and scope of any releases that
have impacted groundwater, the report may include, but shall
not be limited to, recommendations for reducing or eliminating
impacts to groundwater from future releases.
Section 99. Effective date. This Act takes effect January
1, 2013.