Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3448 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Public Act 103-1000
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3	2		SB3448 Enrolled LRB103 38471 BDA 68607 b
4		-	AN ACT concerning safety.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Emergency Planning and Community
8		-	Right to Know Act is amended by changing Section 12 as follows:
	3	+	1 AN ACT concerning safety.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Emergency Planning and Community
	7	+	5 Right to Know Act is amended by changing Section 12 as follows:
	8	+	6 (430 ILCS 100/12) (from Ch. 111 1/2, par. 7712)
	9	+	7 Sec. 12. Inventory forms. (a) The owner or operator of any
	10	+	8 facility which is required to prepare or have available a
	11	+	9 material safety data sheet for a hazardous chemical under the
	12	+	10 Occupational Safety and Health Act of 1970 and regulations
	13	+	11 promulgated under that Act shall, in accordance with the
	14	+	12 threshold levels for reporting as established by regulations
	15	+	13 promulgated under the Federal Act, prepare and submit an
	16	+	14 emergency and hazardous chemical inventory form (hereafter in
	17	+	15 this Act referred to as an "inventory form") to each of the
	18	+	16 following:
	19	+	17 (1) the appropriate local emergency planning committee;
	20	+	18 (2) the State Emergency Response Commission; and
	21	+	19 (3) the fire department with jurisdiction over the
	22	+	20 facility.
	23	+	21 The inventory form shall be submitted annually on or
	24	+	22 before March 1, and shall contain tier I data with respect to
	25	+	23 the preceding calendar year.
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	34	+	1 (b) The requirement of subsection (a) does not apply if an
	35	+	2 owner or operator provides, to the recipients described in
	36	+	3 subsection (a), by the same deadline and with respect to the
	37	+	4 same calendar year, an inventory form containing tier II
	38	+	5 information.
	39	+	6 (c) An owner or operator may meet the requirements of this
	40	+	7 Section with respect to a hazardous chemical which is a
	41	+	8 mixture by doing one of the following:
	42	+	9 (1) Providing information on the inventory form on each
	43	+	10 element or compound in the mixture which is a hazardous
	44	+	11 chemical. If more than one mixture has the same element or
	45	+	12 compound, only one listing on the inventory form for the
	46	+	13 element or compound at the facility is necessary.
	47	+	14 (2) Providing information on the inventory form on the
	48	+	15 mixture itself.
	49	+	16 (d) A hazardous chemical shall be subject to the
	50	+	17 requirements of this Section only if it is a hazardous
	51	+	18 chemical for which a material safety data sheet or a listing is
	52	+	19 required under Section 311 of the Federal Act.
	53	+	20 (e) A tier I inventory form shall provide the following
	54	+	21 information in aggregate terms for hazardous chemicals in
	55	+	22 categories of health and physical hazards as set forth under
	56	+	23 the Occupational Safety and Health Act of 1970 and regulations
	57	+	24 promulgated under that Act:
	58	+	25 (1) an estimate (in ranges) of the maximum amount of
	59	+	26 hazardous chemicals in each category present at the facility
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	70	+	1 at any time during the preceding calendar year;
	71	+	2 (2) an estimate (in ranges) of the maximum amount of
	72	+	3 hazardous chemicals in each category present at the facility
	73	+	4 at any time during the preceding calendar year; and
	74	+	5 (3) the general location of hazardous chemicals in each
	75	+	6 category.
	76	+	7 (f) A tier II inventory form shall provide the following
	77	+	8 additional information for each hazardous chemical present at
	78	+	9 the facility, but only upon request and in accordance with
	79	+	10 subsection (g):
	80	+	11 (1) the chemical name or the common name of the chemical as
	81	+	12 provided on the material safety data sheet;
	82	+	13 (2) an estimate (in ranges) of the maximum amount of the
	83	+	14 hazardous chemical present at the facility at any time during
	84	+	15 the preceding calendar year;
	85	+	16 (3) an estimate (in ranges) of the average daily amount of
	86	+	17 the hazardous chemical present at the facility during the
	87	+	18 preceding calendar year;
	88	+	19 (4) a brief description of the manner of storage of the
	89	+	20 hazardous chemical;
	90	+	21 (5) the location at the facility of the hazardous
	91	+	22 chemical; and
	92	+	23 (6) an indication of whether the owner elects to withhold
	93	+	24 location information of a specific hazardous chemical from
	94	+	25 disclosure to the public under Section 324 of the Federal Act.
	95	+	26 (g) Availability of tier II information shall be as
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	106	+	1 follows:
	107	+	2 (1) Upon request by the State Emergency Planning
	108	+	3 Commission, a local emergency planning committee, or a fire
	109	+	4 department with jurisdiction over the facility, the owner or
	110	+	5 operator of a facility shall provide tier II information, as
	111	+	6 described in subsection (g), to the person making the request.
	112	+	7 (2) A State or local official acting in his or her official
	113	+	8 capacity may have access to tier II information by submitting
	114	+	9 a request to the SERC or the local emergency planning
	115	+	10 committee. Upon receipt of a request for tier II information,
	116	+	11 the SERC or local committee shall, pursuant to paragraph (1),
	117	+	12 request the facility owner or operator for the tier II
	118	+	13 information and make available such information to the
	119	+	14 official.
	120	+	15 (3) Any person may request the SERC or a local emergency
	121	+	16 planning committee for tier II information relating to the
	122	+	17 preceding calendar year with respect to a facility. Any such
	123	+	18 request shall be in writing and shall be with respect to a
	124	+	19 specific facility.
	125	+	20 (4) Any tier II information which the SERC or a local
	126	+	21 emergency planning committee has in its possession shall be
	127	+	22 made available to a person making a request under this
	128	+	23 paragraph in accordance with Section 324 of the Federal Act.
	129	+	24 If the SERC or local emergency planning committee does not
	130	+	25 have the tier II information in its possession, upon receiving
	131	+	26 a request for tier II information the SERC or local emergency
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	142	+	1 planning committee shall, pursuant to paragraph (1), request
	143	+	2 the facility owner or operator for tier II information with
	144	+	3 respect to a hazardous chemical which a facility has stored in
	145	+	4 an amount in excess of 10,000 pounds present at the facility at
	146	+	5 any time during the preceding calendar year and make such
	147	+	6 information available to the person making the request in
	148	+	7 accordance with Section 324 of the Federal Act.
	149	+	8 (5) In the case of tier II information which is not in the
	150	+	9 possession of the SERC or local emergency planning committee
	151	+	10 and which relates to a hazardous chemical which a facility has
	152	+	11 stored in an amount less than 10,000 pounds present at the
	153	+	12 facility at any time during the preceding calendar year, a
	154	+	13 request from a person must include the general need for the
	155	+	14 information. The SERC or local emergency planning committee
	156	+	15 may, pursuant to paragraph (1), make a request to the facility
	157	+	16 owner or operator for the tier II information on behalf of the
	158	+	17 person making the request. Upon receipt of any information
	159	+	18 requested on behalf of such person, the SERC or local
	160	+	19 emergency planning committee shall make the information
	161	+	20 available to the person in accordance with Section 324 of the
	162	+	21 Federal Act.
	163	+	22 (6) The SERC or local emergency planning committee shall
	164	+	23 respond to a request for tier II information under this
	165	+	24 Section no later than 45 days after the date of receipt of the
	166	+	25 request.
	167	+	26 (7) Upon request to an owner or operator of a facility
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