HB 3888

Abstract

Amends the Environmental Protection Act. Provides requirements for the prohibition of the conduct of ethylene oxide sterilization operations or other activities that emit ethylene oxide (and, for ethylene oxide sterilization sources, propylene oxide). Requires entities to submit a plan to the Environmental Protection Agency describing how they will continuously collect emissions information. Provides requirements for emissions monitoring and testing. Requires specified hospitals to submit a plan to the Agency describing how the hospital will phase out the emissions of ethylene oxide by an established deadline. Provides that when issuing permits to ethylene oxide sterilization sources, hospitals, and ethylene oxide emissions sources, the Agency shall include limitations on the amount of ethylene oxide that may be stored on-site to protect public health, public safety, and the environment. Requires storage of ethylene oxide in excess of 100 pounds to be underground. Provides that the unit of local government in which an ethylene oxide sterilization source, hospital, or ethylene oxide emissions source is located may regulate the storage and location of ethylene oxide in a manner that is more restrictive or matches the standards established by the Agency. Requires the Agency to set annual emissions limitations on ethylene oxide for all ethylene oxide emissions sources. Provides that, on and after January 1, 2022, the maximum cumulative emissions from any sum of ethylene oxide emissions sources located within 3 and one half miles of each other shall not exceed 35 pounds annually. Requires the Agency to conduct a comprehensive review of ethylene oxide use and emissions within the State and to submit its findings in a report to the General Assembly. Effective immediately. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes: Defines and refers to the term "densely populated location" rather than "densely populated region". Provides that the terms "ethylene oxide emissions source" and "ethylene oxide sterilization source" are limited to stationary sources. Provides that 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. Removes language allowing units of local government to create more restrictive standards for ethylene oxide storage. Provides that, prior to issuing specified permits, the Environmental Protection Agency shall require submission of documentation demonstrating that the permit applicant is in compliance with laws governing the storage of ethylene oxide. Requires all permits issued by the Agency to grant the Agency the authority to modify them to change storage limitations, modify storage practices or equipment requirements, and grant the Agency the right to conduct unannounced inspections. Requires the Agency to conduct at least one unannounced inspection annually of the ethylene oxide storage system for each permit holder. Provides that owners or operators of ethylene oxide sterilization sources or ethylene oxide emissions sources shall provide the Agency with specified materials within 10 (currently, 3) business days after receiving the Agency's conditional acceptance or denials of their plans. Removes provisions regarding the emission of more than 30 pounds of ethylene oxide or propylene oxide by an ethylene oxide emissions source meeting specified location requirements. Removes provisions that only permit the storage of ethylene oxide in excess of 100 pounds if it is underground. Provides that on and after January 1, 2023 (currently, January 1, 2025) critical access hospitals shall not conduct ethylene oxide sterilization operations in a densely populated location. Requires entities conducting ethylene oxide sterilization operations to submit a letter (currently, a plan) to the Agency. Removes provisions regarding a hospital's requirements concerning the plan. Provides that, 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 (currently, only 30 pounds annually). Prohibits ethylene oxide emissions sources from conducting operations or other activities that emit ethylene oxide in excess of 150 pounds annually. Requires the submission or resubmission of a risk management plan to the Agency by specified dates. Removes language requiring the Agency to conduct its comprehensive review within 180 days of the amendatory Act's effective and instead requires the Agency to submit and make publicly available its report on or before June 30, 2021. Provides that if multiple applicants request to emit ethylene oxide in a collective sum that is greater than the annual collective maximum regional emissions, the Agency shall prioritize applicants seeking to provide medical services. Makes other changes. Effective immediately. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of House Amendment No. 1 and removes language making the bill effective immediately. Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 3888, as amended by House Amendment 1, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to House Bill 3888, as amended by House Amendment 2, as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Pension Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) HB 3888, as amended by HA 1, amends the Environmental Protection Act in a manner that will not impact any public pension fund or retirement system in Illinois. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 3888, as amended by HA 2, amends the Environmental Protection Act in a manner that will not impact any public pension fund or retirement system in Illinois. State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) HB 3888, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) HB 3888, as amended by House Amendment 2, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation) No land conveyances are included in House Bill 3888 (H-AM 1) therefore, there are no appraisals to be filed. Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included in House Bill 3888 (H-AM 2) therefore, there are no appraisals to be filed. Fiscal Note, House Committee Amendment No. 1 (Illinois Environmental Protection Agency) The Illinois EPA anticipates accomplishing the mandates of the legislation with existing resources. Fiscal Note, House Floor Amendment No. 2 (Illinois Environmental Protection Agency) The Illinois EPA anticipates accomplishing the mandates of the legislation with existing resources. Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Senate Committee Amendment No. 1 Adds reference to: 415 ILCS 5/9.16 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Defines "emissions of ethylene oxide" and "emit ethylene oxide". Changes the definition of "remote location". Changes the beginning date of various requirements for ethylene oxide sterilization sources and ethylene oxide emissions sources. Changes the amount of ethylene oxide or propylene oxide an ethylene oxide sterilization source is allowed to emit annually to 50 pounds (currently 30 pounds). Provides that the Environmental Protection Agency shall set annual emissions limitations on ethylene oxide emissions. Provides that the requirements for ethylene oxide emissions sources apply to ethylene oxide emissions sources located in counties with a population of at least 700,000 or not in existence prior to January 1, 2020. Changes the amount of ethylene oxide an ethylene oxide emissions source in a densely populated location is allowed to emit to 110 pounds annually (currently 30 pounds annually and 3 pounds monthly). Provides additional requirements for an ethylene oxide emissions source in a densely populated location. Changes the amount of ethylene oxide an ethylene oxide emissions source in a remote location is allowed to emit to 50 pounds (currently 30 pounds) annually. Changes the facilities included in the calculation of the maximum cumulative emissions in a densely populated location to only ethylene oxide sterilization sources (currently includes ethylene oxide emissions sources and hospitals). Changes the sum of the maximum cumulative emissions of facilities in a densely populated area located within 3 and one-half miles of each other to 55 pounds (currently 35 pounds) annually. Provides that if a person 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 permit for emission of ethylene oxide only if the nearest school or park is at least 10 miles from the permit applicant in counties with a population greater than 700,000.