Bill Text: IL HB4113 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Creates the Toxic Chemical Safety Act. Requires the Director of the Illinois Environmental Protection Agency to publish a list of chemicals of high concern. Authorizes the Director to designate chemicals of high concern and other chemicals as priority chemicals. Requires the Director to report certain information about the designation process to the General Assembly. Requires each manufacturer and distributor of children's products that contain designated chemicals to provide certain information to the Director. Authorizes the Director, under certain circumstances, to prohibit, by rule, the sale and distribution of children's products containing a priority chemical. Requires manufacturers and distributors whose products are subject to one of these rules to file a compliance plan. Authorizes manufacturers and distributors to apply for, and the Director to grant, waivers from these rules. Exempts certain classes of chemicals, persons, and containers. Authorizes the Director to participate in an interstate clearinghouse to promote chemical safety. Authorizes the Director to request certificates of compliance from manufacturers and distributors. Requires the Director to develop certain educational materials. Creates the Advisory Council on Toxic Substances to provide expert and scientific advice to the Director. Authorizes the Director to adopt rules necessary to implement these provisions. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB4113 Detail]

Download: Illinois-2011-HB4113-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB4113 Introduced , by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED:
New Act
Creates the Toxic Chemical Safety Act. Requires the Director of the Illinois Environmental Protection Agency to publish a list of chemicals of high concern. Authorizes the Director to designate chemicals of high concern and other chemicals as priority chemicals. Requires the Director to report certain information about the designation process to the General Assembly. Requires each manufacturer and distributor of children's products that contain designated chemicals to provide certain information to the Director. Authorizes the Director, under certain circumstances, to prohibit, by rule, the sale and distribution of children's products containing a priority chemical. Requires manufacturers and distributors whose products are subject to one of these rules to file a compliance plan. Authorizes manufacturers and distributors to apply for, and the Director to grant, waivers from these rules. Exempts certain classes of chemicals, persons, and containers. Authorizes the Director to participate in an interstate clearinghouse to promote chemical safety. Authorizes the Director to request certificates of compliance from manufacturers and distributors. Requires the Director to develop certain educational materials. Creates the Advisory Council on Toxic Substances to provide expert and scientific advice to the Director. Authorizes the Director to adopt rules necessary to implement these provisions. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Toxic
Chemical Safety Act.
Section 5. Statement of policy. It is the policy of the
State of Illinois to protect public health and the environment
by reducing the exposure of its citizens and vulnerable
populations, such as children, to toxic chemicals, when safer
alternatives exist.
Section 10. Definitions. As used in this subchapter:
"Alternative" means a substitute process, product,
material, chemical, strategy, or combination that serves a
functionally equivalent purpose to a priority chemical or
chemical of high concern.
"Chemical" means a substance with a distinct molecular
composition or a group of structurally related substances and
includes the products that form through the decomposition or
metabolism of the substance.
"Chemical of high concern" means a chemical identified by
the Director under Section 15 of this Act.
"Chemical of low concern" means a chemical for which

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adequate toxicity and environmental data are available to
determine that it is not a chemical of high concern, a chemical
of moderate concern, or a chemical of unknown concern.
"Chemical of moderate concern" means a chemical identified
by an authoritative governmental entity on the basis of
credible scientific evidence as being suspected of causing one
or more of the adverse health or environmental effects set
forth under subsection (a) of Section 15 of this Act.
"Chemical of unknown concern" means a chemical for which
insufficient data are available to classify it as a chemical of
high concern, a chemical of moderate concern, or a chemical of
low concern.
"Children's product" means:
(1) a consumer product intended for use by children,
such as a baby product, toy, car seat, personal care
product, or clothing; and
(2) any consumer product containing a chemical of high
concern that when used or disposed of will likely result in
a child being exposed to that chemical.
"Consumer product" means any item sold for residential or
commercial use, including any component or packaging.
"Consumer product" does not include:
(1) A food or beverage or an additive to a food or
beverage.
(2) A tobacco product.
(3) A paper or forest product.

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(4) A pesticide regulated by the U.S. Environmental
Protection Agency.
(5) A drug or biologic regulated by the U.S. Food and
Drug Administration or the packaging of such a drug or
biologic if the U.S. Food and Drug Administration regulates
the drug or biologic's packaging.
"Director" means the Director of the Illinois
Environmental Protection Agency.
"Distributor" means a person who sells a consumer product
to a retail establishment on a wholesale basis.
"Manufacturer" means any person who manufactures a final
consumer product or whose brand name is affixed to the consumer
product. In the case of a consumer product imported into the
State and distributed, sold, or offered for sale in the State,
"manufacturer" includes the importer or domestic distributor
of the consumer product if the person who manufactured or
assembled the consumer product or whose brand name is affixed
to the consumer product does not have a presence in the United
States.
"Priority chemical" means a chemical identified as such by
the Director under Section 20 of this Act.
"Safer alternative" means an alternative that, when
compared to a priority chemical that it could replace, would
reduce the potential for harm to human health or the
environment or that has not been shown to pose the same or
greater potential for harm to human health or the environment

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as the priority chemical.
Section 15. Chemical of high concern.
(a) On or before January 1, 2013, the Director shall
publish a list of chemicals of high concern to public health or
the environment of the State of Illinois. The Director shall
update the list of chemicals of high concern as necessary and
at least annually. A chemical or other substance may be
included on the list of chemicals of high concern if the
Director determines that it has been identified by an
authoritative governmental entity on the basis of credible
scientific evidence as being known as one or more of the
following:
(1) A carcinogen.
(2) A mutagen.
(3) A reproductive or developmental toxin.
(4) An endocrine disruptor.
(5) A persistent or bioaccumulative toxin.
(b) The Director may revise the list as needed and may add
a chemical to the list of chemicals of high concern if it meets
one or more of the criteria of subsection (a) of this Section.
The Director may remove a chemical from the list of chemicals
of high concern if, based on evidence, the Director determines
that the chemical does not meet or no longer meets one or more
of the criteria of subsection (a) of this Section.

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Section 20. Priority chemicals.
(a) The Director shall designate as a priority chemical any
chemical classified as "known to be a human carcinogen" in the
most recent report on carcinogens by the National Toxicology
Program in the U.S. Department of Health and Human Services.
(b) The Director may designate a chemical of high concern
as a priority chemical if the Director finds one or more of the
following:
(1) The chemical has been found through biomonitoring
to be present in human blood, umbilical cord blood, breast
milk, urine, or other bodily tissues or fluids.
(2) The chemical has been found through sampling and
analysis to be present in household dust, indoor air,
drinking water, or elsewhere in the home environment.
(3) The chemical has been found through monitoring to
be present in fish, wildlife, or the natural environment.
(4) The chemical has been found to be present in a
consumer product used or present in the home.
(5) The chemical has been identified as a high
production volume chemical by the U.S. Environmental
Protection Agency.
(6) The sale or use of the chemical or a product
containing the chemical has been banned in another state
within the United States.
(c) In reviewing the list of chemicals of high concern for
designation as a priority chemical under subsection (b) of this

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Section, the Director shall prioritize designation of
chemicals that have been one or more of the following:
(1) Characterized as "reasonably anticipated to be a
human carcinogen" in the most recent report on carcinogens
by the National Toxicology Program in the U.S. Department
of Health and Human Services.
(2) Classified as "likely to be carcinogenic to humans"
in the U.S. Environmental Protection Agency's most recent
list of chemicals evaluated for carcinogenic potential.
(3) Identified by the U.S. Environmental Protection
Agency as causing birth defects, hormone disruption, or
harm to reproduction or development.
(d) Beginning January 1, 2013, the Director shall report
annually to the General Assembly with a summary of the
chemicals reviewed for designation under this Section, a
description of the review, and the number of chemicals
designated as priority chemicals under this Section.
Section 25. Priority chemical notification of use.
(a) No later than 180 days after the Director designates a
priority chemical under Section 20 of this Act, each
manufacturer and distributor of a children's product that is
distributed, sold, or offered for sale in Illinois and that
contains the priority chemical designated by the Director shall
notify the Director in writing of the presence of the priority
chemical in the children's product. The notification shall:

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(1) identify the children's product;
(2) disclose the number of units of the children's
product sold or distributed in the State;
(3) specify the priority chemical or chemicals and the
amount of chemical or chemicals contained in the children's
product; and
(4) describe the intended purpose or use of the
priority chemical in the children's product.
(b) Each manufacturer and distributor of a children's
product that contains a priority chemical shall provide the
following additional information if requested by the Director:
(1) information on the likelihood that the chemical
will be released from the children's product to the
environment during the product's life cycle and the extent
to which users of children's products are likely to be
exposed to the chemical;
(2) information on the extent to which the chemical is
present in the environment or human body; and
(3) an assessment of the availability, cost,
feasibility, and performance, including potential for harm
to public health and the environment, or alternatives to
the priority chemical and the reason the priority chemical
was used in the manufacture of the children's product in
lieu of the identified alternatives. If an assessment
acceptable to the Director is not timely submitted, the
Director may assess the manufacturer or distributor the

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cost of a report conducted by an independent contractor of
the Director's choice on the availability of safer
alternatives.
Section 30. Prohibition on sale.
(a) The Director may prohibit, by rule, the manufacture,
sale, or distribution in the State of a children's product
containing a priority chemical if the Director determines,
after consideration of the information submitted under Section
25 of this Act and other relevant information obtained by the
Director, that:
(1) distribution of the children's product directly or
indirectly exposes children and vulnerable populations to
the priority chemical; and
(2) one or more safer alternatives to the priority
chemical are available at a comparable cost.
(b) If, under subsection (a) of this Section, the Director
identifies several safer alternatives to a priority chemical,
the Director may ban the sale of children's products that do
not contain the alternative that is the least toxic to public
health or the environment.
(c) A prohibition adopted by rule under this Section shall
have an effective date of at least 12 months after the date the
final rule is published in the Illinois Register.
(d) For the purpose of determining whether a safer
alternative is available under subsection (a) of this Section,

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the Director may, in the absence of persuasive evidence to the
contrary:
(1) presume that an alternative is a safer alternative
if the alternative is not a chemical of high concern;
(2) presume that a safer alternative is available if
the sale of the children's product containing the priority
chemical has been banned by another state within the United
States;
(3) presume that a safer alternative is available if
the children's product containing the priority chemical is
an item of apparel or a novelty; and
(4) presume that a safer alternative is available if
the alternative is sold in the United States.
(e) At least 180 days before the effective date of a
prohibition of a priority chemical adopted under subsection (a)
of this Section, each manufacturer and distributor of a
children's product that contains the priority chemical that is
subject to the prohibition shall file a compliance plan with
the Director or shall seek a waiver from the Director under
subsection (g) of this Section. A compliance plan submitted
under this subsection shall:
(1) identify the children's product that contains a
priority chemical;
(2) specify whether compliance with a prohibition on a
priority chemical will be achieved by discontinuing the
sale of the children's product in the State or by

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substituting a safer alternative in the product; and
(3) if compliance is to be achieved by substitution of
a safer alternative in the product, identify the safer
alternative and the timetable for substitution.
(f) A manufacturer or distributor of a children's product
that contains a priority chemical shall notify all persons that
offer the children's product for sale or distribution in the
State of the requirements of this Act and whether the
children's product is subject to a prohibition on sale adopted
under subsection (a) of this Section.
(g)(1) The manufacturer or distributor of a children's
product that contains a priority chemical and that is subject
to a prohibition adopted under subsection (a) of this Section
may apply to the Director for a waiver for one or more specific
uses of the priority chemical. The waiver application shall, at
a minimum:
(A) identify the specific children's product use
or uses for which the waiver is sought;
(B) identify the alternatives considered for
substitution of the priority chemical;
(C) explain the alternatives considered for
substitution of the priority chemical; and
(D) identify the steps that have been and will be
taken to minimize the use of the priority chemical.
(2) The Director may grant a waiver under this subsection
with or without conditions upon a finding that (i) there is

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a need for the children's product in which the priority
chemical is used and (ii) there are no technically or
economically feasible alternatives for the use of the
priority chemical in the children's product. A waiver may
be granted for a term not to exceed 5 years and may be
renewed for one additional 5-year term upon written
application demonstrating that technically or economically
feasible alternatives remain unavailable. The Director
shall grant or deny a request for a waiver under this
subsection within 60 days after receipt of an
administratively complete application for a waiver.
Section 35. Exemptions. The requirements of this Act shall
not apply to:
(1) Chemicals in used products.
(2) Priority chemicals used in or for industry or
manufacturing.
(3) Priority chemicals generated solely as a
combustion byproduct or that are present in combustible
fuels.
(4) A person selling a children's product at retail
unless the person knowingly sells a children's product
containing a priority chemical after the effective date of
a prohibition adopted under Section 30 of this Act.
(5) A container or packaging for a food or beverage
product unless the product is intentionally marketed for

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the use of children under 3 years of age.
Section 40. Interstate clearinghouse for safer chemicals.
The Director is authorized to participate, in cooperation with
other states and governmental entities, in an interstate
clearinghouse to classify existing chemicals and to promote
safer chemicals in consumer products. The Director may also
cooperate with an interstate clearinghouse in order to:
(1) organize and manage available data on chemicals,
including information on uses, hazards, and environmental
concerns;
(2) produce and inventory information on (i) safer
alternatives to uses of chemicals of concern and (ii) model
policies and programs;
(3) provide businesses and consumers with technical
assistance regarding the use of safer chemicals; and
(4) undertake other activities in support of State
programs to promote the use of safer chemicals.
Section 45. Certificate of compliance. In addition to any
remedies or procedures authorized by this Act, the Director may
request each manufacturer and distributor of a product offered
for sale or distribution in the State to provide the Director
with a certificate of compliance with the requirements of this
Act and rules adopted thereunder. Within 10 days after receipt
of a request from the Director under this Section, the

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manufacturer or distributor shall do one of the following:
(1) Provide the Director with a certificate attesting
that the product does not contain the priority chemical or
is not subject to the requirements of this Act.
(2) Notify persons who sell or distribute the product
in the State that the sale of the product is prohibited and
shall provide the Director with a list of the names and
addresses of those notified.
Section 50. Education and consultation. The Director shall
develop educational materials regarding the requirements of
this Act for distribution to manufacturers, distributors, and
retailers. The Director shall consult with retailers and
retailer associations in order to assist retailers in complying
with the requirements of this Act.
Section 55. Advisory Council on Toxic Substances.
(a) There is created an Advisory Council on Toxic
Substances to provide expert and scientific advice to the
Director regarding identification of chemicals of high
concern, designation of priority chemicals, and identification
of safer alternative chemicals. The Advisory Council on Toxic
Substances shall annually recommend to the Director:
(1) strategies or actions to reduce public health risks
from exposure to chemicals of high concern. In identifying
public health risks, the Advisory Council on Toxic

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Substances shall with heightened scrutiny evaluate
potential public health risks to citizens of the State of
Illinois;
(2) restrictions on or prohibitions of the
distribution, sale, or use of a chemical of high concern;
(3) public disclosure requirements for a manufacturer
of a chemical of high concern or a product containing a
chemical of high concern; and
(4) safer alternative chemicals to chemicals of high
concern.
(b) The Advisory Council on Toxic Substances shall consist
of the following members:
(1) one member of the House of Representatives,
appointed by the Speaker;
(2) one member of the Senate, appointed by the
President of the Senate;
(3) the Director or his or her designee;
(4) the Director of Public Health or his or her
designee;
(5) the Director of Agriculture or his or her designee;
(6) the Attorney General or his or her designee;
(7) a representative of a Solid Waste Management
District, appointed by the Director;
(8) an Illinois toxicologist, appointed by the
Director;
(9) a representative of the Illinois retail community,

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appointed by the Director;
(10) a representative of the Illinois manufacturing
community, appointed by the Director;
(11) a representative of an Illinois college or
university, appointed by the Director;
(12) a representative of the Illinois medical
community, appointed by the Director;
(13) a representative of a statewide consumer interest
group, appointed by the Director;
(14) a representative of a statewide environmental
group, appointed by the Director; and
(15) a scientist knowledgeable about matters related
to toxic substances, appointed by the Director.
(c) The Advisory Council on Toxic Substances shall report
annually to the General Assembly by January 15 with a summary
of the recommendations presented to the Director under
subsection (a) of this Section.
(d) The Environmental Protection Agency shall provide the
Advisory Council on Toxic Substances with technical, legal, and
administrative staff support as needed.
Section 60. Rulemaking. The Director may adopt rules in
accordance with the requirements of the Illinois
Administrative Procedure Act in order to implement the
requirements of this Act.
Section 99. Effective date. This Act takes effect upon

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becoming law.