SCHOLARSHIP LUNCHEON ON MAY 5 

On Wednesday, May 5, the Illinois Chemical Education Foundation (ICEF) is hosting the 53^rd Annual Scholarship Luncheon at the Beau Jolie, 9950 W. Lawrence Ave. in Schiller Park (near O’Hare Airport).

The luncheon is the main fundraiser for the Illinois Chemical Education Foundation’s (ICEF) Career Conference, 5^th Grade Girls Science Program, the statewide “You Be the Chemist Challenge,” and the college scholarships presented on May 5. The luncheon speaker is Dr. Richard Silverman, Professor at Northwestern University.

For your sponsorship of a table ($750), you can send 10 people to the luncheon, have your company name listed on the sponsor board and in the CICI newsletter, have your money go to scholarships for bright young minds, and your contribution is tax deductible. If you can’t send folks, but would like to send money of any amount, we’ll gladly put it to good use.

If you can make a donation, please fill out the form below and fax to the Des Plaines office at 847/544-5999 or go to: http://www.cicil.net/events/calendar/event.asp?EVENT_ID=39&

We hope you can help with this worthy cause by investing in the future of our industry.

ANNUAL LEGISLATIVE DAY 

CICI's membership had a good turn-out for our Annual Legislative & Regulatory Day and Reception. Numerous government officials, legislators and CICI members attended the evening reception. CICI would like to thank the members for their attendance and showing of support of our efforts in Springfield. The active and enthusiastic support of our members does not go unnoticed by the policy makers in the General Assembly and state government. Thank you very much for making it a good event.

During the afternoon Legislative & Regulatory Affairs Committee meeting, State Senator and GOP candidate for Governor, Bill Brady, discussed how he would address the state’s challenges. Tom Johnson, President of the Taxpayers Federation of Illinois, also gave a detailed overview of the state’s budget problems and the various proposals for increasing revenues during the luncheon.

Joining us for the evening were many legislators, regulators and government officials. Among the elected officials in attendance were Senate GOP Leader Christine Radogno (R-Lemont) and Senate Majority Leader James Clayborne (D-E. St. Louis) along with a host of other legislators and key government officials.

MEASURES ADVANCING TO THE GOVERNOR

IPCB Actions, Stays
This measure, SB 2812 (Harmon, D-Oak Brook), requires the Illinois Pollution Control Board (IPCB), if requested by an applicant, instead of a 3rd party, to stay the effectiveness of certain actions taken or permit conditions imposed by the IEPA in the course of administering the Clean Air Act Permit Program (CAAPP).

If IPCB stays any condition, then any related conditions from any prior existing permit will continue in full force and effect until they make a final decision regarding the appeal of the granted CAAPP permit.

The bill provides that, if the Board stays all conditions, then the applicant shall continue to operate in accordance with "all" related terms and conditions of any other applicable permits until final IPCB action in the review process. Any stays granted shall be deemed effective upon the date of final IEPA action appealed by the applicant.

Mercury Thermostat "Take-Back" Program
This is an issue which has been debated in the General Assembly for the past few years. An agreement has finally been reached between the environmental community and manufacturers of thermostats to initiate a collection and management program for out-of-service mercury thermostats. The measure, SB 3346 (Steans, D-Chicago), sets up statewide goals for the collection of mercury thermostats taken out of service in the state. The measure authorizes the IEPA to reduce, beginning in calendar year 2018, these statewide goals if it, in consultation with mercury thermostat manufacturers, thermostat wholesalers, contractors, environmental organizations, and other stakeholders, determines that mercury thermostats no longer pose a threat to the environment and public health in Illinois. Further, if the statewide goals are not met by the manufacturers, then the manufacturers must provide a specified financial incentive to achieve these goals.

The bill also provides that contractors, thermostat wholesalers, thermostat manufacturers, and thermostat retailers participating in the program must handle and manage out-of-service mercury thermostats in a manner that is consistent with the provisions of IPCB rules regarding the disposal of universal waste.

The measure also prohibits, on and after July 1, 2011, a thermostat wholesaler from selling, offering to sell, distributing, or offering to distribute thermostats unless the wholesaler participates in the collection program. It also prohibits, beginning July 1, 2011, the mixing of out-of-service mercury thermostats with municipal waste that is intended for disposal at a sanitary landfill. Finally, if this bill becomes law, it will be repealed January 1, 2021.

Antifreeze Bittering Agents
This measure, HB 4722 (Feigenholtz, D-Chicago), creates the Antifreeze Bittering Act to provide that any engine coolant or antifreeze that is manufactured after January 1, 2011, and subsequently sold within the state, and that contains more than 10% ethylene glycol, shall include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as a bittering agent within the product so as to render it unpalatable. The bill also requires a manufacturer of a product subject to this Act to maintain a record of the trade name, scientific name, and active ingredients of any bittering agent used and to make such information available to the public upon request. This proposal further provides that subject to certain exceptions, a manufacturer, processor, distributor, recycler, or seller of an engine coolant or antifreeze that is required to contain an aversive agent shall not be liable to any person for any personal injury, death, property damage, damage to the environment (including natural resources), or economic loss that results from the inclusion of denatonium benzoate in any engine coolant or antifreeze, provided that the inclusion of denatonium benzoate is present in concentrations mandated under the Act.

Waste Collections
This measure, SB 3692 (Harmon, D-Oak Brook), provides that if a municipality with a population of less than 1,000,000 has never awarded a franchise to a private entity for the collection of waste from non-residential locations, then the municipality may not award a franchise without issuing a request for proposal. The bill also provides for franchise fees that cannot exceed $25,000.

A Senate amendment added that a municipality may not award a franchise without first (1) allowing at least 30 days for proposals to be submitted; (2) holding at least one public hearing on whether to award a franchise to a proposed franchisee; and (3) providing at least 30 days' public notice of the hearing.

TACO – Underground Storage Tanks Cleanup
This proposal, SB 3320 (Jones, J., R-Mt. Vernon), is an initiative of the IEPA and provides, for the purpose of payment from the Underground Storage Tank Fund, that corrective action activities required to meet minimum requirements include compliance with certain provisions related to the Tiered Approach to Corrective Action Objective (TACO) rules. The bill requires that the bidding process adopted under IPCB rules to determine the reasonableness of costs of corrective action also provide for a publicly-notified, competitive, and sealed bidding process that is, among other things, optional and allows bidding only if the owner or operator demonstrates that corrective action cannot be performed for less than a certain amount. The legislation also decreases the deductible that must be applied before an owner or operator may access moneys in the fund. It also authorizes the IEPA each fiscal year, subject to appropriation, to commit up to $10 million of the moneys in the fund, which have been appropriated for the payment of corrective action costs, to the payment of corrective action costs for legacy sites that meet certain criteria.

The bill also provides that the Petroleum Underground Storage Tank Title of the Environmental Protection Act applies to all underground storage tank releases for which a NFR letter is issued on or after the effective date of this bill but that (1) costs incurred prior to this effective date will be payable from the Underground Storage Tank Fund in the same manner currently allowed and (2) releases for which corrective action was completed prior to this effective date be eligible for a NFR in the same manner currently allowed at the time the corrective action was completed. Further, if a change in state or federal law requires additional remedial action in response to releases for which NFR letters have been issued, then the IEPA will propose legislation to allow owners and operators to perform the additional remedial action and seek payment from the fund for the costs of the action. Finally, the bill also authorizes payment from the fund of certain costs incurred after the issuance of a NFR letter.

Please note that the Chemical Industry Council of Illinois Legisletter is not intended to convey legal advice or set forth all legal requirements applicable to particular circumstances.


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