* Press release…

Governor JB Pritzker signed two pieces of bipartisan legislation today to impose the strictest limits in the nation on ethylene oxide emissions from ethylene oxide sterilization facilities and other companies that use ethylene oxide.

“Protecting the health and well-being of the people of Illinois has always been my top priority, and I’m proud that this legislation keeps dangerous pollutants out of our communities,” said Gov. JB Pritzker. “Families in affected areas can breathe easy. Illinois now has the strictest safeguards in the nation, and I appreciate the hard work of the General Assembly in developing this bipartisan legislation and bringing it to my desk.”

“As Attorney General, I am pleased that, with Gov. Pritzker’s signature, Illinois will lead the nation in enacting stronger regulations of facilities that emit ethylene oxide,” said Attorney General Kwame Raoul. “I appreciate the General Assembly’s work to craft new, stringent regulations of ethylene oxide, which my office will work with the Illinois EPA to enforce.”

“Protecting Illinois residents from the threat of ethylene oxide was a bipartisan effort and I would like to thank everyone, including Governor Pritzker and his staff, who worked on this legislation that ensures proper protections are in place when it comes to this dangerous chemical,” said Leader Jim Durkin. “The tragic situation which unfolded in Willowbrook at the Sterigenics facility should have never happened. This law will help make sure that it never will again.”

“This new law creates the strongest ethylene oxide sterilization regulations in the nation,” said Senator John Curran (R-Downers Grove). “I would like to thank Governor Pritzker for swiftly signing this bill into law.”

“It is vital that once a public health crisis is identified, it is dealt with as quickly and aggressively as possible,” said Senator Melinda Bush (D-Grayslake). “As soon as I learned that Lake County had two companies that were emitting Ethylene Oxide into our air, I started to work on what is now the strictest set of regulations of Ethylene Oxide emissions in the United States. Today Governor Pritzker is signing into law two very important bills – bills that both set the highest emissions standards and ensure constant monitoring of those that use Ethylene Oxide. Our residents deserve nothing less than clean air to breathe.”

* The first new law…

Senate Bill 1852

Under Senate Bill 1852, ethylene oxide sterilization facilities would be prohibited from operating in Illinois unless:

The facility captures 100 percent of all fugitive ethylene oxide emissions within the facility.
The facility reduces ethylene oxide emissions to the atmosphere from each exhaust point by at least 99.9 percent or to 0.2 parts per million.

The bill requires facilities to conduct an initial emissions test within 180 days and yearly tests thereafter, and the results must be submitted to the Illinois EPA. Upon receiving a failed emissions test, a facility must:

Immediately cease operations.
Notify the Illinois EPA within 24 hours.
Within 60 days, conduct a root cause analysis of the failed emission test, take corresponding corrective actions, and seek IEPA approval prior to restart of operations.

The measure also requires EtO sterilization facilities to conduct quarterly ambient air testing and to obtain construction permits from the Illinois Environmental Protection Agency before making the modifications required to comply with the emissions limits in the legislation. After January 1, 2020, any new facility seeking a permit to sterilize with EtO must comply with setback requirements mandating that the facility be located at least 10 miles from schools or parks.

The measure prohibits facilities that have previously been subject to a Seal Order from the Illinois EPA relating to EtO emissions from using the substance unless the facility can certify to the Illinois EPA that EtO is the only available sterilization method for the medical instruments or other products and that the facility’s emissions control system uses technology that produces the greatest possible reduction in EtO emissions.

As Leader Durkin explained this to me recently, previous state law allowed companies subjected to a Seal Order to either use the only available method or install the best available emissions control system. Now they have to do both.

* The other new law…

Senate Bill 1854

Senate Bill 1854 applies emission limits on non-sterilization facilities that emit ethylene oxide. Beginning in 180 days, any such EtO facility would be required to obtain a permit from IEPA, which must include a site-specific cap on the facility’s EtO emissions. Hospitals are specifically excluded from the requirements of this bill.

The Illinois EPA will also be required to conduct at least one unannounced inspection of all EtO sterilization sources per year and air testing to determine the ambient levels of EtO throughout the state.

Both bills have immediate effective dates. We’ll see how long that hospital loophole lasts.