Bill Text: IL HB5521 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Emergency Planning and Community Right to Know Act. Provides that the State Emergency Response Commission (SERC) shall by rule establish an annual fee for filing an inventory form. Provides that the rules shall establish procedures for collection, management, and disbursement of the fees and may include penalties for late filing of forms. Provides that the rules may provide an exemption for State, county, and municipal entities, special districts, and other public bodies or political subdivisions the Illinois Emergency Management Agency deems appropriate. Provides that fees collected by the SERC under this provision shall be deposited into the Emergency Planning and Training Fund and shall be used by the SERC, pursuant to appropriation, for its activities arising under the Act and under certain federal statutes, including providing financial support for local emergency planning committees and for training initiatives authorized by the SERC. Provides that all such fees shall be nonrefundable. Eliminates provisions concerning tier I inventory forms, and makes changes concerning tier II inventory forms. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-15 - Rule 19(a) / Re-referred to Rules Committee [HB5521 Detail]

Download: Illinois-2009-HB5521-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5521 Introduced 2/9/2010, by Rep. Greg Harris SYNOPSIS AS INTRODUCED:
430 ILCS 100/12 from Ch. 111 1/2, par. 7712
430 ILCS 100/17 from Ch. 111 1/2, par. 7717
Amends the Illinois Emergency Planning and Community Right to Know Act. Provides that the State Emergency Response Commission (SERC) shall by rule establish an annual fee for filing an inventory form. Provides that the rules shall establish procedures for collection, management, and disbursement of the fees and may include penalties for late filing of forms. Provides that the rules may provide an exemption for State, county, and municipal entities, special districts, and other public bodies or political subdivisions the Illinois Emergency Management Agency deems appropriate. Provides that fees collected by the SERC under this provision shall be deposited into the Emergency Planning and Training Fund and shall be used by the SERC, pursuant to appropriation, for its activities arising under the Act and under certain federal statutes, including providing financial support for local emergency planning committees and for training initiatives authorized by the SERC. Provides that all such fees shall be nonrefundable. Eliminates provisions concerning tier I inventory forms, and makes changes concerning tier II inventory forms. Makes other changes. 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 5. The Illinois Emergency Planning and Community
Right to Know Act is amended by changing Sections 12 and 17 as
follows:
(430 ILCS 100/12) (from Ch. 111 1/2, par. 7712)
Sec. 12. Inventory forms. (a) The owner or operator of any
facility which is required to prepare or have available a
material safety data sheet for a hazardous chemical under the
Occupational Safety and Health Act of 1970 and regulations
promulgated under that Act shall, in accordance with the
threshold levels for reporting as established by regulations
promulgated under the Federal Act, prepare and submit an
emergency and hazardous chemical inventory form (hereafter in
this Act referred to as an "inventory form") to each of the
following:
(1) the appropriate local emergency planning committee;
(2) the State Emergency Response Commission; and
(3) the fire department with jurisdiction over the
facility.
The inventory form shall be submitted annually on or before
March 1, and shall contain tier II I data with respect to the

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preceding calendar year.
(a-5) The SERC shall by rule establish an annual fee for
filing an inventory form. The rules shall establish procedures
for collection, management, and disbursement of the fees and
may include penalties for late filing of forms. The rules may
provide an exemption for State, county, and municipal entities,
special districts, and other public bodies or political
subdivisions the Agency deems appropriate. Fees collected by
the SERC under this subsection shall be deposited into the
Emergency Planning and Training Fund and shall be used by the
SERC, pursuant to appropriation, for its activities arising
under this Act and the Federal Act, including providing
financial support for local emergency planning committees and
for training initiatives authorized by the SERC. All fees
collected under this subsection shall be nonrefundable.
(b) (Blank). The requirement of subsection (a) does not
apply if an owner or operator provides, to the recipients
described in subsection (a), by the same deadline and with
respect to the same calendar year, an inventory form containing
tier II information.
(c) An owner or operator may meet the requirements of this
Section with respect to a hazardous chemical which is a mixture
by doing one of the following:
(1) Providing information on the inventory form on each
element or compound in the mixture which is a hazardous
chemical. If more than one mixture has the same element or

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compound, only one listing on the inventory form for the
element or compound at the facility is necessary.
(2) Providing information on the inventory form on the
mixture itself.
(d) A hazardous chemical shall be subject to the
requirements of this Section only if it is a hazardous chemical
for which a material safety data sheet or a listing is required
under Section 311 of the Federal Act.
(e) (Blank). A tier I inventory form shall provide the
following information in aggregate terms for hazardous
chemicals in categories of health and physical hazards as set
forth under the Occupational Safety and Health Act of 1970 and
regulations promulgated under that Act:
(1) an estimate (in ranges) of the maximum amount of
hazardous chemicals in each category present at the facility at
any time during the preceding calendar year;
(2) an estimate (in ranges) of the maximum amount of
hazardous chemicals in each category present at the facility at
any time during the preceding calendar year; and
(3) the general location of hazardous chemicals in each
category.
(f) A tier II inventory form shall provide the following
additional information for each hazardous chemical present at
the facility, but only upon request and in accordance with
subsection (g):
(1) the chemical name or the common name of the chemical as

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provided on the material safety data sheet;
(2) an estimate (in ranges) of the maximum amount of the
hazardous chemical present at the facility at any time during
the preceding calendar year;
(3) an estimate (in ranges) of the average daily amount of
the hazardous chemical present at the facility during the
preceding calendar year;
(4) a brief description of the manner of storage of the
hazardous chemical;
(5) the location at the facility of the hazardous chemical;
and
(6) an indication of whether the owner elects to withhold
location information of a specific hazardous chemical from
disclosure to the public under Section 324 of the Federal Act.
(g) Availability of tier II information shall be as
follows:
(1) Upon request by the State Emergency Planning
Commission, a local emergency planning committee, or a fire
department with jurisdiction over the facility, the owner or
operator of a facility shall provide tier II information, as
described in subsection (g), to the person making the request.
(2) A State or local official acting in his or her official
capacity may have access to tier II information by submitting a
request to the SERC or the local emergency planning committee.
Upon receipt of a request for tier II information, the SERC or
local committee shall, pursuant to paragraph (1), request the

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facility owner or operator for the tier II information and make
available such information to the official.
(3) Any person may request the SERC or a local emergency
planning committee for tier II information relating to the
preceding calendar year with respect to a facility. Any such
request shall be in writing and shall be with respect to a
specific facility.
(4) Any tier II information which the SERC or a local
emergency planning committee has in its possession shall be
made available to a person making a request under this
paragraph in accordance with Section 324 of the Federal Act. If
the SERC or local emergency planning committee does not have
the tier II information in its possession, upon receiving a
request for tier II information the SERC or local emergency
planning committee shall, pursuant to paragraph (1), request
the facility owner or operator for tier II information with
respect to a hazardous chemical which a facility has stored in
an amount in excess of 10,000 pounds present at the facility at
any time during the preceding calendar year and make such
information available to the person making the request in
accordance with Section 324 of the Federal Act.
(5) In the case of tier II information which is not in the
possession of the SERC or local emergency planning committee
and which relates to a hazardous chemical which a facility has
stored in an amount less than 10,000 pounds present at the
facility at any time during the preceding calendar year, a

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request from a person must include the general need for the
information. The SERC or local emergency planning committee
may, pursuant to paragraph (1), make a request to the facility
owner or operator for the tier II information on behalf of the
person making the request. Upon receipt of any information
requested on behalf of such person, the SERC or local emergency
planning committee shall make the information available to the
person in accordance with Section 324 of the Federal Act.
(6) The SERC or local emergency planning committee shall
respond to a request for tier II information under this Section
no later than 45 days after the date of receipt of the request.
(7) Upon request to an owner or operator of a facility
which files an inventory form under this Section by the fire
department with jurisdiction over the facility, the owner or
operator of the facility shall allow the fire department to
conduct an on-site inspection of the facility and shall provide
to the fire department specific location information on
hazardous chemicals at the facility.
(h) (Blank). The tier 1 and tier 2 inventory forms
promulgated by USEPA for use in meeting the requirements of
Section 312 of the Federal Act may be used to fulfill the
requirements of this Section.
(Source: P.A. 86-449.)
(430 ILCS 100/17) (from Ch. 111 1/2, par. 7717)
Sec. 17. Citizen suits. (a) Except as provided in

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subsection (b), any person may commence a civil action on his
own behalf against the owner or operator of a facility for
failure to do any of the following:
(1) submit a followup emergency notice required under
Section 10(d) of this Act;
(2) submit a material safety data sheet or a list as
required under Section 11(a) of this Act;
(3) complete and submit an inventory form containing tier
II I information required under Section 12(a) of this Act,
unless such requirement does not apply by reason of Section
12(b) of this Act.
(b) No action may be commenced under subsection (a) against
an owner or operator of a facility if the Administrator of
USEPA has commenced and is diligently pursuing an
administrative order or civil action to enforce the requirement
concerned or to impose a civil penalty under the Federal Act
with respect to the violation of the requirement.
(Source: P.A. 86-449.)
Section 99. Effective date. This Act takes effect upon
becoming law.