Bill
HB 3505
Illinois tightens ethylene oxide oversight by lowering the trigger to >30 lbs (TRI) in large counties, mandating ambient monitoring, stricter modeling, and emission caps.
Status
- Enacted (filed without the Governor’s signature). Effective immediately: June 20, 2025.
- Companion: SB 1443.
Purpose
- Strengthens Illinois requirements for monitoring and permitting of ethylene oxide (EtO) emissions by: (1) lowering the threshold that triggers enhanced oversight, (2) adding mandatory ambient air-monitoring requirements, and (3) tightening dispersion‑modeling and permit conditions to protect public health.
Key changes and provisions
- Lowered emissions threshold: Redefines a "nonnegligible ethylene oxide emissions source" to mean any Agency‑permitted EtO source that reported more than 30 pounds of EtO on its 2017 Toxic Release Inventory (TRI) (previously 150 pounds). Applies to sources located in counties with population ≥700,000 (2010 census).
- Removes prior exclusions: The bill eliminates a prior exclusion that exempted EtO sterilization facilities and licensed hospitals (Hospital Licensing Act / University of Illinois Hospital Act), thereby bringing those facilities within the statute's scope if they exceed the 30‑lb TRI threshold.
- Ambient Air Monitoring Plan (new, § b‑5):
- Owners/operators must submit an Ambient Air Monitoring Plan for Agency review and approval within the statutory timeline (see below).
- Minimum contents: quarterly sampling at/near the property boundary and at community locations with highest modeled impact; use U.S. EPA Methods 325A and 325B; sampling over multiple‑day periods; implementation schedule; identity and qualifications of independent third‑party samplers/analysts.
- Agency may add conditions or identify deficiencies; owners/operators must accept or correct within 3 business days. Plans must be implemented as approved.
- Dispersion modeling (existing/clarified):
- Must follow accepted EPA methodologies (including Appendix W to 40 CFR 51) but with no background ambient EtO concentration used.
- Use emissions/stack data from tests and 5 years of hourly meteorological data representative of the source location.
- Receptor grid must extend ≥1 km around the source; spacing ≤50 m from building walls out to 0.5 km, then ≤100 m out to 1 km. Modeling must be approved by the Agency.
- Permit conditions (§ e):
- Agency must impose site‑specific annual EtO emissions caps set to protect public health.
- Permits must include authority for the Agency to reopen permits if emissions are determined to pose a public‑health risk.
Who is affected
- Any Agency‑permitted EtO emissions source in large Illinois counties (≥700,000 population per 2010 census) that reported >30 lbs EtO on its 2017 TRI — including sterilization facilities and hospitals now explicitly covered.
- Impacts: increased monitoring and testing costs, potential operational or emission limits to meet site‑specific caps, and possible requirement to hire independent contractors for sampling/analysis.
Timing / procedural notes
- The bill’s new ambient‑monitoring requirement becomes applicable 180 days after the effective date of this amendatory Act. Because the Act is effective June 20, 2025, affected facilities will generally have about 180 days (approximately mid‑December 2025) to submit required plans and comply with submission/response timelines specified in the statute.
Compiled from official sources — confirm details with the bill’s official record.
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