Illinois 101st Regular Session Status: Enacted Bipartisan · 10 D · 3 R cosponsors

SB 1852 — EPA-PERMITS-ETHYLENE OXIDE

Last action — Public Act . . . . . . . . . 101-0022

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 30 sponsors

    0 primary, 30 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 D · 3 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Environmental Protection Act. Provides that in the event of an ethylene oxide leak a facility shall issue a notice to all affected property owners and local government within 2,500 feet of the leak site. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that in the event of an ethylene oxide leak a facility shall issue a notice with specified information immediately upon discovery to all affected property owners and local government within 2,500 feet of the leak site. Provides that the amendatory Act's provisions apply only to an owner or operator of a sterilization source using one ton or more of ethylene oxide in a rolling 12-month period of sterilization or fumigation operations, and do not apply to beehive fumigators, research or laboratory facilities, or sources such as hospitals, doctors' offices, clinics, or other facilities for which the primary purpose is to provide medical services to humans or animals. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that no person shall conduct ethylene oxide sterilization operations, unless the ethylene oxide sterilization source captures 100% of all ethylene oxide emissions and reduces ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source by at least 99.9% or to 0.2 parts per million. Requires that, within 180 days after the effective date of the amendatory Act or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date as an ethylene oxide sterilization source, the owner or operator of the ethylene oxide sterilization source shall conduct an initial emissions test. Sets forth criteria for the test and requires certain information concerning the test be submitted to the Environmental Protection Agency. Requires the owner or operator of the ethylene oxide sterilization source to conduct emissions testing on all exhaust points at the ethylene oxide sterilization source at least once each calendar year (at least 6 months apart) to demonstrate compliance with these requirements and any applicable requirements concerning ethylene oxide that are set forth in either United States Environmental Protection Agency rules or Pollution Control Board rules. Provides that if certain conditions are not met the owner or operator of an ethylene oxide sterilization source shall immediately cease ethylene oxide sterilization operations and notify the Agency within 24 hours of becoming aware of a failed emissions test. Within 60 days after the date of the test, requires the owner or operator of the ethylene oxide sterilization source to: complete an analysis to determine the root cause of the failed emissions test; take any actions necessary to address that root cause; submit a report to the Agency; and restart operations only to the extent necessary to conduct additional emissions tests. Provides that, beginning 180 days after the effective date of the amendatory Act or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date of the amendatory Act as an ethylene oxide sterilization source, no person shall conduct ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization source submits for review and approval by the Agency an Ambient Air Monitoring Plan. Requires the owner or operator of an ethylene oxide sterilization source to apply for and obtain a construction permit from the Agency for any modifications made to the source to comply with the requirements of the amendatory Act and a modification of the source's operating permit to incorporate such modifications made to the source. Prohibits a person from conducting ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization source has performed dispersion modeling and the Agency approves such modeling. Prohibits a facility that is permitted to emit ethylene oxide and subject to a seal order from using ethylene oxide for sterilization or fumigation purposes. Requires specified entities to notify the Agency of any property right in sterilization technology that does not involve the use of ethylene oxide. Provides that, within 30 days after discovering noncompliance with specified requirements the Agency must post a notice on its website and notify the specified persons and entities. Requires the Agency to conduct at least one unannounced inspection of all ethylene oxide sterilization sources subject to the provisions per year. Requires the Agency to (i) conduct air testing to determine ambient levels of ethylene oxide and (ii) submit rules for ambient air testing of ethylene oxide to the Board within 180 days after the amendatory Act's effective date. Effective immediately.

Bill Text

What changed in the latest version

461 added · 41 removed

Plain-language change summary

The recent amendment to Bill SB 1852 has changed the focus from requiring immediate notification about ethylene oxide leaks to establishing regulations for controlling ethylene oxide sterilization sources. Instead of mandating notifications to affected property owners when a leak occurs, the bill now specifies a clearer definition of what constitutes ethylene oxide sterilization operations and creates standards for their emissions. This shift is significant as it aims to improve overall environmental safety by regulating emissions rather than merely focusing on leak notifications.

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SB1852 Engrossed LRB101 09550 CPF 54648 b AN ACT concerning safety.
SB1852 Enrolled LRB101 09550 CPF 54648 b AN ACT concerning safety.
Section 1.
Short Title.
This Act may be referred to as the Matt Haller Act.
Notice for facilities emitting ethylene oxide.
Control of ethylene oxide sterilization sources.
(a) Any facility that self-reports an ethylene oxide leak or is found to be in violation concerning an ethylene oxide leak shall issue a notice immediately upon discovery of the leak to all affected property owners and units of local government within 2,500 feet of the leak site.
(a) As used in this Section:
The notice system shall be funded by the facility.
"Ethylene oxide sterilization operations" means the process of using ethylene oxide at an ethylene oxide sterilization source to make one or more items free from microorganisms, pathogens, or both microorganisms and pathogens.
The notice shall, at a minimum, contain the following information:
"Ethylene oxide sterilization source" means any stationary source with ethylene oxide usage that would subject it to the emissions standards in 40 CFR 63.362.
(1) the name and address of the site or facility where the leak occurred or is suspected to have occurred;
"Ethylene oxide sterilization source" does not include beehive fumigators, research or laboratory facilities, hospitals, doctors' offices, clinics, or other stationary sources for which the SB1852 Enrolled - 2 - LRB101 09550 CPF 54648 b primary purpose is to provide medical services to humans or animals.
(2) the identification and approximate amount of the contaminant leaked or suspected to have been leaked;
"Exhaust point" means any point through which ethylene oxide-laden air exits an ethylene oxide sterilization source.
(3) information as to whether the contaminant was leaked or suspected to have been leaked into the air, land, or water;
"Stationary source" has the meaning set forth in subsection 1 of Section 39.5.
(4) a brief description of the potential adverse health effects posed by the contaminant;
(b) Beginning 180 days after the effective date of this amendatory Act of the 101st General Assembly, no person shall conduct ethylene oxide sterilization operations, unless the ethylene oxide sterilization source captures, and demonstrates that it captures, 100% of all ethylene oxide emissions and reduces ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source by at least 99.9% or to 0.2 parts per million.
SB1852 Engrossed - 2 - LRB101 09550 CPF 54648 b (5) the name, business address, and phone number of persons at the Agency from whom additional information about the leak or suspected leak can be obtained;
(1) Within 180 days after the effective date of this amendatory Act of the 101st General Assembly for any existing ethylene oxide sterilization source, or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date of this amendatory Act of the 101st General Assembly as an ethylene oxide sterilization source under this Section, the owner or operator of the ethylene oxide sterilization source shall conduct an initial emissions test in accordance with all of the requirements set forth in this paragraph (1) to verify that ethylene oxide emissions to the atmosphere from each exhaust point at the SB1852 Enrolled - 3 - LRB101 09550 CPF 54648 b ethylene oxide sterilization source have been reduced by at least 99.9% or to 0.2 parts per million:
(6) the name, business address, and phone number of persons at the Department of Public Health from whom additional information about the health effects of the leak or suspected leak can be obtained;
(A) At least 30 days prior to the scheduled emissions test date, the owner or operator of the ethylene oxide sterilization source shall submit a notification of the scheduled emissions test date and a copy of the proposed emissions test protocol to the Agency for review and written approval.
(7) the date, time of occurrence, and duration of the leak;
Emissions test protocols submitted to the Agency shall address the manner in which testing will be conducted, including, but not limited to:
and (8) if known, the wind direction during the leak.
(i) the name of the independent third party company that will be performing sampling and analysis and the company's experience with similar emissions tests;
(b) The provisions of this Section apply only to an owner or operator of a sterilization source using one ton or more of ethylene oxide in a rolling 12-month period of sterilization or fumigation operations.
(ii) the methodologies to be used;
This Section does not apply to:
(iii) the conditions under which emissions tests will be performed, including a discussion of why these conditions will be representative of maximum emissions from each of the 3 cycles of operation (chamber evacuation, back vent, and aeration) and the means by which the operating parameters for the emission unit and any control equipment will be determined;
beehive fumigators;
(iv) the specific determinations of emissions and operations that are intended to be made, SB1852 Enrolled - 4 - LRB101 09550 CPF 54648 b including sampling and monitoring locations;
research or laboratory facilities, as defined in Section 112(c)(7) of Title III of the federal Clean Air Act;
and (v) any changes to the test method or methods proposed to accommodate the specific circumstances of testing, with justification.
or sources such as hospitals, doctors' offices, clinics, or other facilities for which the primary purpose is to provide medical services to humans or animals.
(B) The owner or operator of the ethylene oxide sterilization source shall perform emissions testing in accordance with an Agency-approved test protocol and at representative conditions to verify that ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source have been reduced by at least 99.9% or to 0.2 parts per million.
The duration of the test must incorporate all 3 cycles of operation for determination of the emission reduction efficiency.
(C) Upon Agency approval of the test protocol, any source that first becomes subject to regulation after the effective date of this amendatory Act of the 101st General Assembly as an ethylene oxide sterilization source under this Section may undertake ethylene oxide sterilization operations in accordance with the Agency-approved test protocol for the sole purpose of demonstrating compliance with this subsection (b).
(D) The owner or operator of the ethylene oxide sterilization source shall submit to the Agency the results of any and all emissions testing conducted after the effective date of this amendatory Act of the SB1852 Enrolled - 5 - LRB101 09550 CPF 54648 b 101st General Assembly, until the Agency accepts testing results under subparagraph (E) of paragraph (1) of this subsection (b), for any existing source or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date of this amendatory Act of the 101st General Assembly as an ethylene oxide sterilization source under this Section.
The results documentation shall include at a minimum:
(i) a summary of results;
(ii) a description of test method or methods, including description of sample points, sampling train, analysis equipment, and test schedule;
(iii) a detailed description of test conditions, including process information and control equipment information;
and (iv) data and calculations, including copies of all raw data sheets, opacity observation records and records of laboratory analyses, sample calculations, and equipment calibration.
(E) Within 30 days of receipt, the Agency shall accept, accept with conditions, or decline to accept a stack testing protocol and the testing results submitted to demonstrate compliance with paragraph (1) of this subsection (b).
If the Agency accepts with conditions or declines to accept the results SB1852 Enrolled - 6 - LRB101 09550 CPF 54648 b submitted, the owner or operator of the ethylene oxide sterilization source shall submit revised results of the emissions testing or conduct emissions testing again.
If the owner or operator revises the results, the revised results shall be submitted within 15 days after the owner or operator of the ethylene oxide sterilization source receives written notice of the Agency's conditional acceptance or rejection of the emissions testing results.
If the owner or operator conducts emissions testing again, such new emissions testing shall conform to the requirements of this subsection (b).
(2) The owner or operator of the ethylene oxide sterilization source shall conduct emissions testing on all exhaust points at the ethylene oxide sterilization source at least once each calendar year to demonstrate compliance with the requirements of this Section and any applicable requirements concerning ethylene oxide that are set forth in either United States Environmental Protection Agency rules or Board rules.
Annual emissions tests required under this paragraph (2) shall take place at least 6 months apart.
An initial emissions test conducted under paragraph (1) of this subsection (b) satisfies the testing requirement of this paragraph (2) for the calendar year in which the initial emissions test is conducted.
(3) At least 30 days before conducting the annual SB1852 Enrolled - 7 - LRB101 09550 CPF 54648 b emissions test required under paragraph (2) of this subsection (b), the owner or operator shall submit a notification of the scheduled emissions test date and a copy of the proposed emissions test protocol to the Agency for review and written approval.
Emissions test protocols submitted to the Agency under this paragraph (3) must address each item listed in subparagraph (A) of paragraph (1) of this subsection (b).
Emissions testing shall be performed in accordance with an Agency-approved test protocol and at representative conditions.
In addition, as soon as practicable, but no later than 30 days after the emissions test date, the owner or operator shall submit to the Agency the results of the emissions testing required under paragraph (2) of this subsection (b).
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Such results must include each item listed in subparagraph (D) of paragraph (1) of this subsection (b).
(4) If the owner or operator of an ethylene oxide sterilization source conducts any emissions testing in addition to tests required by this amendatory Act of the 101st General Assembly, the owner or operator shall submit to the Agency the results of such emissions testing within 30 days after the emissions test date.
(5) The Agency shall accept, accept with conditions, or decline to accept testing results submitted to demonstrate compliance with paragraph (2) of this subsection (b).
If the Agency accepts with conditions or declines to accept SB1852 Enrolled - 8 - LRB101 09550 CPF 54648 b the results submitted, the owner or operator of the ethylene oxide sterilization source shall submit revised results of the emissions testing or conduct emissions testing again.
If the owner or operator revises the results, the revised results shall be submitted within 15 days after the owner or operator of the ethylene oxide sterilization source receives written notice of the Agency's conditional acceptance or rejection of the emissions testing results.
If the owner or operator conducts emissions testing again, such new emissions testing shall conform to the requirements of this subsection (b).
(c) If any emissions test conducted more than 180 days after the effective date of this amendatory Act of the 101st General Assembly fails to demonstrate that ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source have been reduced by at least 99.9% or to 0.2 parts per million, the owner or operator of the ethylene oxide sterilization source shall immediately cease ethylene oxide sterilization operations and notify the Agency within 24 hours of becoming aware of the failed emissions test.
Within 60 days after the date of the test, the owner or operator of the ethylene oxide sterilization source shall:
(1) complete an analysis to determine the root cause of the failed emissions test;
SB1852 Enrolled - 9 - LRB101 09550 CPF 54648 b (2) take any actions necessary to address that root cause;
(3) submit a report to the Agency describing the findings of the root cause analysis, any work undertaken to address findings of the root cause analysis, and identifying any feasible best management practices to enhance capture and further reduce ethylene oxide levels within the ethylene oxide sterilization source, including a schedule for implementing such practices;
and (4) upon approval by the Agency of the report required by paragraph (3) of this subsection, restart ethylene oxide sterilization operations only to the extent necessary to conduct additional emissions test or tests.
The ethylene oxide sterilization source shall conduct such emissions test or tests under the same requirements as the annual test described in paragraphs (2) and (3) of subsection (b).
The ethylene oxide sterilization source may restart operations once an emissions test successfully demonstrates that ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source have been reduced by at least 99.9% or to 0.2 parts per million, the source has submitted the results of all emissions testing conducted under this subsection to the Agency, and the Agency has approved the results demonstrating compliance.
(d) Beginning 180 days after the effective date of this SB1852 Enrolled - 10 - LRB101 09550 CPF 54648 b amendatory Act of the 101st General Assembly for any existing source or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date of this amendatory Act of the 101st General Assembly as an ethylene oxide sterilization source under this Section, no person shall conduct ethylene oxide sterilization operations 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 at the ethylene oxide sterilization source.
This plan must also specify locations at the ethylene oxide sterilization 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 ethylene oxide sterilization 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 ethylene oxide sterilization source shall implement the plan in accordance with its approved terms.
(e) Beginning 180 days after the effective date of this SB1852 Enrolled - 11 - LRB101 09550 CPF 54648 b amendatory Act of the 101st General Assembly for any existing source or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date of this amendatory Act of the 101st General Assembly as an ethylene oxide sterilization source under this Section, no person shall conduct ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization 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:
(A) Detailed plans to collect and analyze air samples for ethylene oxide on at least a quarterly basis near the property boundaries of the ethylene oxide sterilization source and at community locations with the highest modeled impact pursuant to the modeling conducted under subsection (f).
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 ethylene oxide sterilization source must provide a notice of acceptance of any conditions added by the Agency to the Ambient Air SB1852 Enrolled - 12 - LRB101 09550 CPF 54648 b 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 ethylene oxide sterilization source shall implement the Ambient Air Monitoring Plan in accordance with its approved terms.
(f) Beginning 180 days after the effective date of this amendatory Act of the 101st General Assembly for any existing source or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date of this amendatory Act of the 101st General Assembly as an ethylene oxide sterilization source under this Section, no person shall conduct ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization source has performed dispersion modeling and the Agency approves such modeling.
(1) Dispersion modeling must:
(A) be conducted using accepted United States Environmental Protection Agency methodologies, including 40 CFR Part 51, Appendix W, except that no background ambient levels of ethylene oxide shall be used;
(B) use emissions and stack parameter data from the emissions test conducted in accordance with paragraph SB1852 Enrolled - 13 - LRB101 09550 CPF 54648 b (1) of subsection (b), and use 5 years of hourly meteorological data that is representative of the source's location;
and (C) use a receptor grid that extends to at least one kilometer around the source and ensure 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 source extending out to a distance of at least one-half kilometer, then every 100 meters extending out to a distance of at least one kilometer.
(2) The owner or operator of the ethylene oxide sterilization source shall submit revised results of all modeling if the Agency accepts with conditions or declines to accept the results submitted.
(g) A facility permitted to emit ethylene oxide that has been subject to a seal order under Section 34 is prohibited from using ethylene oxide for sterilization or fumigation purposes, unless (i) the facility can provide a certification to the Agency by the supplier of a product to be sterilized or fumigated that ethylene oxide sterilization or fumigation is the only available method to completely sterilize or fumigate the product and (ii) the Agency has certified that the facility's emission control system uses technology that produces the greatest reduction in ethylene oxide emissions currently available.
The certification shall be made by a SB1852 Enrolled - 14 - LRB101 09550 CPF 54648 b company representative with knowledge of the sterilization requirements of the product.
The certification requirements of this Section shall apply to any group of products packaged together and sterilized as a single product if sterilization or fumigation is the only available method to completely sterilize or fumigate more than half of the individual products contained in the package.
A facility is not subject to the requirements of this subsection if the supporting findings of the seal order under Section 34 are found to be without merit by a court of competent jurisdiction.
(h) If an entity, or any parent or subsidiary of an entity, that owns or operates a facility permitted by the Agency to emit ethylene oxide acquires by purchase, license, or any other method of acquisition any intellectual property right in a sterilization technology that does not involve the use of ethylene oxide, or by purchase, merger, or any other method of acquisition of any entity that holds an intellectual property right in a sterilization technology that does not involve the use of ethylene oxide, that entity, parent, or subsidiary shall notify the Agency of the acquisition within 30 days of acquiring it.
If that entity, parent, or subsidiary has not used the sterilization technology within 3 years of its acquisition, the entity shall notify the Agency within 30 days of the 3-year period elapsing.
An entity, or any parent or subsidiary of an entity, that SB1852 Enrolled - 15 - LRB101 09550 CPF 54648 b owns or operates a facility permitted by the Agency to emit ethylene oxide that has any intellectual property right in any sterilization technology that does not involve the use of ethylene oxide shall notify the Agency of any offers that it makes to license or otherwise allow the technology to be used by third parties within 30 days of making the offer.
An entity, or any parent or subsidiary of an entity, that owns or operates a facility permitted by the Agency to emit ethylene oxide shall provide the Agency with a list of all U.S.
patent registrations for sterilization technology that the entity, parent, or subsidiary has any property right in.
The list shall include the following:
(1) The patent number assigned by the United States Patent and Trademark Office for each patent.
(2) The date each patent was filed.
(3) The names and addresses of all owners or assignees of each patent.
(4) The names and addresses of all inventors of each patent.
(i) If a CAAPP permit applicant applies to use ethylene oxide as a sterilant or fumigant at a facility not in existence prior to January 1, 2020, the Agency shall issue a CAAPP permit for emission of ethylene oxide only if:
(1) the nearest school or park is at least 10 miles from the permit applicant in counties with populations greater than 50,000;
SB1852 Enrolled - 16 - LRB101 09550 CPF 54648 b (2) the nearest school or park is at least 15 miles from the permit applicant in counties with populations less than or equal to 50,000;
and (3) within 7 days after the application for a CAAPP permit, the permit applicant has published its permit request on its website, published notice in a local newspaper of general circulation, and provided notice to:
(A) the State Representative for the representative district in which the facility is located;
(B) the State Senator for the legislative district in which the facility is located;
(C) the members of the county board for the county in which the facility is located;
and (D) the local municipal board members and executives.
(j) The owner or operator of an ethylene oxide sterilization source must apply for and obtain a construction permit from the Agency for any modifications made to the source to comply with the requirements of this amendatory Act of the 101st General Assembly, including, but not limited to, installation of a permanent total enclosure, modification of airflow to create negative pressure within the source, and addition of one or more control devices.
Additionally, the owner or operator of the ethylene oxide sterilization source must apply for and obtain from the Agency a modification of the SB1852 Enrolled - 17 - LRB101 09550 CPF 54648 b source's operating permit to incorporate such modifications made to the source.
Both the construction permit and operating permit must include a limit on ethylene oxide usage at the source.
(k) Nothing in this Section shall be interpreted to excuse the ethylene oxide sterilization source from complying with any applicable local requirements.
(l) The owner or operator of an ethylene oxide sterilization source must notify the Agency within 5 days after discovering any deviation from any of the requirements in this Section or deviations from any applicable requirements concerning ethylene oxide that are set forth in this Act, United States Environmental Protection Agency rules, or Board rules.
As soon as practicable, but no later than 5 business days, after the Agency receives such notification, the Agency must post a notice on its website and notify the members of the General Assembly from the Legislative and Representative Districts in which the source in question is located, the county board members of the county in which the source in question is located, the corporate authorities of the municipality in which the source in question is located, and the Illinois Department of Public Health.
(m) The Agency must conduct at least one unannounced inspection of all ethylene oxide sterilization sources subject to this Section per year.
Nothing in this Section shall limit the Agency's authority under other provisions of this Act to SB1852 Enrolled - 18 - LRB101 09550 CPF 54648 b conduct inspections of ethylene oxide sterilization sources.
(n) The Agency shall conduct air testing to determine the ambient levels of ethylene oxide throughout the State.
The Agency shall, within 180 days after the effective date of this amendatory Act of the 101st General Assembly, submit rules for ambient air testing of ethylene oxide to the Board.
Section 99.
Effective date.
This Act takes effect upon becoming law.
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Action History

  1. Public Act . . . . . . . . . 101-0022

  2. Effective Date June 21, 2019

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Concurs

  7. House Floor Amendment No. 2 Senate Concurs 053-000-000

  8. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Environment and Conservation; 007-000-000

  9. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Environment and Conservation

  10. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  11. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. John F. Curran

  12. Placed on Calendar Order of Concurrence House Amendment(s) 2 - May 28, 2019

  13. Secretary's Desk - Concurrence House Amendment(s) 2

  14. Added Alternate Co-Sponsor Rep. Tom Weber

  15. Added Alternate Co-Sponsor Rep. Maurice A. West, II

  16. Added Alternate Co-Sponsor Rep. Martin J. Moylan

  17. Added Alternate Co-Sponsor Rep. Mary E. Flowers

  18. Added Alternate Co-Sponsor Rep. Yehiel M. Kalish

  19. Added Alternate Co-Sponsor Rep. Daniel Didech

  20. Added Alternate Co-Sponsor Rep. Jonathan Carroll

  21. Added Alternate Co-Sponsor Rep. John Connor

  22. Added Alternate Co-Sponsor Rep. Ann M. Williams

  23. Added Alternate Co-Sponsor Rep. Deb Conroy

  24. Added Alternate Co-Sponsor Rep. Sam Yingling

  25. Added Alternate Co-Sponsor Rep. Kathleen Willis

  26. Added Alternate Co-Sponsor Rep. Diane Pappas

  27. Added Alternate Co-Sponsor Rep. Terra Costa Howard

  28. Third Reading - Short Debate - Passed 108-000-001

  29. Placed on Calendar Order of 3rd Reading - Short Debate

  30. House Floor Amendment No. 2 Adopted

  31. Added Alternate Co-Sponsor Rep. Chris Miller

  32. House Floor Amendment No. 2 Recommends Be Adopted Energy & Environment Committee; 027-000-000

  33. House Floor Amendment No. 2 Rules Refers to Energy & Environment Committee

  34. House Floor Amendment No. 2 Referred to Rules Committee

  35. House Floor Amendment No. 2 Filed with Clerk by Rep. Jim Durkin

  36. Held on Calendar Order of Second Reading - Short Debate

  37. Second Reading - Short Debate

  38. Placed on Calendar 2nd Reading - Short Debate

  39. House Committee Amendment No. 1 Tabled Pursuant to Rule 40

  40. Do Pass / Short Debate Energy & Environment Committee; 026-000-000

  41. Added Alternate Chief Co-Sponsor Rep. Deanne M. Mazzochi

  42. Motion to Suspend Rule 21 - Prevailed

  43. Motion Filed to Suspend Rule 21 Energy & Environment Committee; Rep. Gregory Harris

  44. House Committee Amendment No. 1 Referred to Rules Committee

  45. House Committee Amendment No. 1 Filed with Clerk by Rep. Jim Durkin

  46. Final Action Deadline Extended-9(b) May 31, 2019

  47. Assigned to Energy & Environment Committee

  48. Rule 19(a) / Re-referred to Rules Committee

  49. Added Alternate Co-Sponsor Rep. Rita Mayfield

  50. Assigned to Energy & Environment Committee

  51. Referred to Rules Committee

  52. First Reading

  53. Added Alternate Chief Co-Sponsor Rep. Joyce Mason

  54. Added Alternate Chief Co-Sponsor Rep. Grant Wehrli

  55. Chief House Sponsor Rep. Jim Durkin

  56. Arrived in House

  57. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  58. Third Reading - Passed; 054-000-000

  59. Placed on Calendar Order of 3rd Reading

  60. Senate Floor Amendment No. 2 Adopted; Curran

  61. Recalled to Second Reading

  62. Senate Floor Amendment No. 2 Recommend Do Adopt Environment and Conservation; 007-000-000

  63. Added as Co-Sponsor Sen. Heather A. Steans

  64. Placed on Calendar Order of 3rd Reading April 10, 2019

  65. Second Reading

  66. Senate Floor Amendment No. 2 Assignments Refers to Environment and Conservation

  67. Senate Floor Amendment No. 2 Referred to Assignments

  68. Senate Floor Amendment No. 2 Filed with Secretary by Sen. John F. Curran

  69. Placed on Calendar Order of 2nd Reading March 19, 2019

  70. Do Pass Environment and Conservation; 009-000-000

  71. Added as Co-Sponsor Sen. Julie A. Morrison

  72. Senate Committee Amendment No. 1 Referred to Assignments

  73. Senate Committee Amendment No. 1 Filed with Secretary by Sen. John F. Curran

  74. Assigned to Environment and Conservation

  75. Added as Co-Sponsor Sen. Thomas Cullerton

  76. Added as Co-Sponsor Sen. Terry Link

  77. Added as Co-Sponsor Sen. Laura Fine

  78. Added as Chief Co-Sponsor Sen. Suzy Glowiak Hilton

  79. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  80. Added as Chief Co-Sponsor Sen. Laura Ellman

  81. Added as Chief Co-Sponsor Sen. Melinda Bush

  82. Referred to Assignments

  83. First Reading

  84. Filed with Secretary by Sen. John F. Curran

Sponsors

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Sponsors (0)

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Co-sponsors (30)

Not signed on (153)

153 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 2

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 8005
Unaffiliated 25001
Democrat 20000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Link — Yea
Sandoval — Yea
Manar — Yea
Schimpf — Yea
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Glowiak — Yea
Bennett — Yea
Steans — Yea
McGuire — Yea
Bertino-Tarrant — Yea
Stewart — Yea
Harris — Yea
Brady — Yea
Mulroe — Yea
Bush — Yea
Muñoz — Yea
Oberweis — Yea
Hutchinson — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Yea
Righter — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Ram Villivalam Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Not Voting
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Not Voting
Steve McClure Republican Not Voting
Sue Rezin Republican Not Voting
Travis Weaver Republican Not Voting

Official roll call →

Third Reading

Passed 108 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Republican 17003
Unaffiliated 44005
Democrat 47002
Total 1080010
% of votes cast 92%0%0%8%
How each member voted (118)
Member Party Vote
Reitz — Yea
Arroyo — Yea
Robinson — Yea
Batinick — Yea
Harris — Yea
Bennett — Yea
Davis — Yea
Wehrli — Yea
McSweeney — Yea
Demmer — Yea
Welter — Yea
Durkin — Yea
Wheeler — Yea
Flowers — Yea
Willis — Yea
Frese — Yea
Yednock — Yea
Pappas — Yea
Zalewski — Yea
Parkhurst — Yea
Madigan — Yea
Ramirez — Yea
Greenwood — Yea
Bailey — Not Voting
Brady — Not Voting
Jones — Not Voting
Yingling — Not Voting
Caulkins — Not Voting
Skillicorn — Yea
Bourne — Yea
Bristow — Yea
Sommer — Yea
Hurley — Yea
Kalish — Yea
Burke — Yea
Butler — Yea
Carroll — Yea
Thapedi — Yea
Turner — Yea
Marron — Yea
Connor — Yea
Unes — Yea
Conroy — Yea
Mazzochi — Yea
McAuliffe — Yea
D'Amico — Yea
McDermed — Yea
Costa Howard — Yea
Williams, Jawaharial — Yea
Aarón M. Ortíz Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Not Voting
Celina Villanueva Democrat Yea
Curtis J. Tarver, II Democrat Yea
Daniel Didech Democrat Yea
Debbie Meyers-Martin Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Karina Villa Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Edly-Allen Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Not Voting
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Not Voting
Brad Halbrook Republican Not Voting
Charles Meier Republican Yea
Chris Miller Republican Not Voting
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Third Reading

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 10003
Unaffiliated 24002
Democrat 20000
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Link — Yea
Sandoval — Yea
Manar — Yea
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Glowiak — Yea
Bennett — Yea
Steans — Yea
McGuire — Yea
Bertino-Tarrant — Yea
Stewart — Yea
Brady — Yea
Mulroe — Yea
Bush — Yea
Muñoz — Yea
Oberweis — Yea
Hutchinson — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Yea
Righter — Yea
Schimpf — Not Voting
Harris — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Ram Villivalam Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Not Voting
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Not Voting
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Steve McClure Republican Not Voting
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 1852 do?
Amends the Environmental Protection Act. Provides that in the event of an ethylene oxide leak a facility shall issue a notice to all affected property owners and local government within 2,500 feet of the leak site. Effective immediately. Senate Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that in the event of an ethylene oxide leak a facility shall issue a notice with specified information immediately upon discovery to all affected property owners and local government within 2,500 feet of the leak site. Provides that the amendatory Act's provisions apply only to an owner or operator of a sterilization source using one ton or more of ethylene oxide in a rolling 12-month period of sterilization or fumigation operations, and do not apply to beehive fumigators, research or laboratory facilities, or sources such as hospitals, doctors' offices, clinics, or other facilities for which the primary purpose is to provide medical services to humans or animals. House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Environmental Protection Act. Provides that no person shall conduct ethylene oxide sterilization operations, unless the ethylene oxide sterilization source captures 100% of all ethylene oxide emissions and reduces ethylene oxide emissions to the atmosphere from each exhaust point at the ethylene oxide sterilization source by at least 99.9% or to 0.2 parts per million. Requires that, within 180 days after the effective date of the amendatory Act or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date as an ethylene oxide sterilization source, the owner or operator of the ethylene oxide sterilization source shall conduct an initial emissions test. Sets forth criteria for the test and requires certain information concerning the test be submitted to the Environmental Protection Agency. Requires the owner or operator of the ethylene oxide sterilization source to conduct emissions testing on all exhaust points at the ethylene oxide sterilization source at least once each calendar year (at least 6 months apart) to demonstrate compliance with these requirements and any applicable requirements concerning ethylene oxide that are set forth in either United States Environmental Protection Agency rules or Pollution Control Board rules. Provides that if certain conditions are not met the owner or operator of an ethylene oxide sterilization source shall immediately cease ethylene oxide sterilization operations and notify the Agency within 24 hours of becoming aware of a failed emissions test. Within 60 days after the date of the test, requires the owner or operator of the ethylene oxide sterilization source to: complete an analysis to determine the root cause of the failed emissions test; take any actions necessary to address that root cause; submit a report to the Agency; and restart operations only to the extent necessary to conduct additional emissions tests. Provides that, beginning 180 days after the effective date of the amendatory Act or prior to any ethylene oxide sterilization operation for any source that first becomes subject to regulation after the effective date of the amendatory Act as an ethylene oxide sterilization source, no person shall conduct ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization source submits for review and approval by the Agency an Ambient Air Monitoring Plan. Requires the owner or operator of an ethylene oxide sterilization source to apply for and obtain a construction permit from the Agency for any modifications made to the source to comply with the requirements of the amendatory Act and a modification of the source's operating permit to incorporate such modifications made to the source. Prohibits a person from conducting ethylene oxide sterilization operations unless the owner or operator of the ethylene oxide sterilization source has performed dispersion modeling and the Agency approves such modeling. Prohibits a facility that is permitted to emit ethylene oxide and subject to a seal order from using ethylene oxide for sterilization or fumigation purposes. Requires specified entities to notify the Agency of any property right in sterilization technology that does not involve the use of ethylene oxide. Provides that, within 30 days after discovering noncompliance with specified requirements the Agency must post a notice on its website and notify the specified persons and entities. Requires the Agency to conduct at least one unannounced inspection of all ethylene oxide sterilization sources subject to the provisions per year. Requires the Agency to (i) conduct air testing to determine ambient levels of ethylene oxide and (ii) submit rules for ambient air testing of ethylene oxide to the Board within 180 days after the amendatory Act's effective date. Effective immediately.
Who sponsors SB 1852?
SB 1852 is sponsored by Costa Howard, John F. Curran (Republican), Melinda Bush, Laura Ellman (Democrat), Laura Fine (Democrat), Terry Link, Thomas Cullerton, Julie A. Morrison (Democrat), Heather A. Steans, Jim Durkin, Grant Wehrli, Joyce Mason (Democrat), Deanne M. Mazzochi, Rita Mayfield (Democrat), Chris Miller (Republican), Diane Pappas, Kathleen Willis, Sam Yingling, Deb Conroy, Ann M. Williams (Democrat), John Connor, Jonathan Carroll, Daniel Didech (Democrat), Yehiel M. Kalish, Mary E. Flowers, Martin J. Moylan, Maurice A. West, II (Democrat), Tom Weber (Republican), Suzy Glowiak Hilton (Democrat), and Lakesia Collins (Democrat).
What is the current status of SB 1852?
This bill has been enacted into law. Introduced February 15, 2019. Enacted.
Where can I track SB 1852?
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