SB 1852

Abstract

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.