ILLINOIS POLLUTION CONTROL BOARD

February

2,

1989

IN THE MATTER OF:

)

MANAGING SCRAP TIRE ACCUMULATIONS

)

FOR THE CONTROL OF MOSQUITOES

)

P88-24

PART 849

)

PROPOSED RULE.

SECOND

NOTICE.

PROPOSED OPINION AND ORDER OF THE BOARD

(by J. Marlin):

On September

22,

1988,

the Board proposed

a rule

for First

Notice

in this matter.

That proposal was published

in the

Illinois Register on October

7,

1988.

12

Ill.

Peg.

15828.

The

Board held hearings

in this matter

in Chicago

and Springfield

on

November

22,

1988

and December

6,

1988,

respectively.

Members of

the public were

in attendance at both hearings.

By his Order

of

September

29, 1988,

which was reiterated at the December

6,

1988

hearing,

the Hearing Officer ordered

that comments

in

this matter

were due by December

30,

1988.

The Department of Commerce and

Community Affairs

(DCCA)

filed comments on January 19,

1989.

Those comments are accepted.

This Opinion will include the Board’s Economic Impact Study

(EcIS) determination and discuss changes made

to the version of

the rule which was proposed

for

First Notice.

References

to the

emergency rule transcript

(Exh.

32) will be

in the form of

RI

___

References

to

the emergency rule Final Opinion will be

in the

form of 0

______.

References to the transcript

in this proceeding

are

in the form of RU

______.

Most material

in

the First Notice

Proposed Opinion

is not repeated here.

A comprehensive Opinion

will

accompany

the Final Order.

Economic

Impact Determination

Pursuant to Board Resolution 89—1 the Hearing Officer

issued

an Order on January

11,

1989, which stated that the Board would

accept comments as

to whether

an Economic Impact Study

(EcIS)

should be performed

~or this rulemaking.

Comments concerning

the

EcIS

issue were due by February

1,

1989.

The Board received one

such comment

(P.C.

~8) from Midwest Rubber Reclaiming Division

(Midwest).

Midwest points out the difficulty of processing

the

11—12 million scrap tires generated

in Illinois annually or

treating them with pesticides.

It has an inventory of about

200,000 tires stored outdoors on 20—25

acres.

The facility has

the capacity to process

2.5 million

tires per year.

Midwest

asserts

that processing

tires is

a permanent solution while

treating the piles

is

a never ending liability.

It

raises the

question as

to whether

it

is economically feasible to treat all

tire accumulations

in Illinois, and

at what cost.

~6—85

---

2

Section 27(a)

of the Environmental Protection Act

(Act) has

recently been amended by P.A.85—1048

to give the Board exclusive

authority in deciding whether an EcIS should

be performed

for

a

rulemaking.

Since

that change became effective January

1,

1989,

Resolution 89—1 sets forth

the procedure that the Board will

utilize

for rulemakings which were filed prior

to 1989 and for

which an EcIS determination had not been made by the Department

of Energy and Natural Resources.

In part,

the amendments

to the

Act provide:

The

Board

shall

determine

whether

an

economic

impact

study

should

be

conducted.

The

Board

shall

reach

its decision based

on

its

assessment

of

the

potential

economic

impact

of

the

rule,

the

potential

for

consideration

of

the

economic

impact

absent

such

a

study,

the

extent,

if

any,

to

which

the

Board

is

free

under

the

statute

authorizing

the

rule

to modify

the

substance

of

the

rule

based

upon

the

conclusions

of

such

a

study,

and

any

other

considerations

the Board

deems

appropriate.

The Board may,

in

addition,

identify

specific

issues

to

be

addressed in the study.

Section

27(a)

of

the

Act.

(as

amended

by

P.A.85—1048)

It

is upon these criteria that the Board must make

its EcIS

determination

in

this matter.

The rule the Board proposes today requires that scrap tires

be kept dry, be converted so as not

to hold water

or be treated

with

a pesticide during

the mosquito breeding season.

These

requirements apply

to commercial establishments which have

accumulations of more than

50 scrap tires.

This

50 tire

limitation greatly reduces

the universe of facilities which must

manage scrap tires.

For example, while most

tire dealers will

fall under

the regulation, most gas stations which sell tires

will not

(P11 at 239).

The least costly method of complying with the rule over

the

short

term is treatment of tires by

a property owner with

pesticides approved by the Inter—Agency Committee on

the Use

of

Pesticides (Committee).

The Committee has approved the use of

temephos and BTi

for use on tire piles by unlicensed personnel

(P.C..#5).

Representatives of Clarke Outdoor

Spraying Company

(Clarke)

of Poselle,

IL, testified that they sell

a

ternephos

formulation

at

a cost of about $100

for

25 pounds.

At

a per tire

rate of

5.0 grams this amount would

treat 2270 tires.

This

is

a

cost of less than five cents per tire.

Labor

involves placing

a

spoonful

(5g.)

of this dry material into

tires.

(Ru

at

152,

ex.

96—36

---

3

41).

Depending

upon

a variety of conditions

the pesticide

remains effective

for

30

to 150 days.

Clarke also provided

estimates for treating larger tire accumulations.

The company

estimates

the cost of professionally treating

a pile of 10,000

tires with temephos

at $2,081.05 for the

two annual treatments

assumed

to be necessary.

Treatment with BTi would cost $5,186.78

for seven required treatments.

The pesticide alone

for 10,000

tires and the specified number of

treatments would

be $881.05

for

temephos and $986.78

for BTI.

(Exh.

41).

A contract

for

treating

6-5,000 tires

in Chicago during the 1988

season haa

an

estimated cost of $5,930.70.

This includes two treatments

~,ith a

granular pesticide and

14 professional

inspections

to be

determined

if treatment were needed.

Almost $2,000

of this

amount was for control of adult mosquitoes which

is not required

by the proposed

rule.

(Exh.

25).

A representative

of

the City of Urbana testified about

a

cooperative effort Urbana has with

the City of Champaign and

the

University of

Illinois.

These entities have since

1976

controlled mosquitoes

as part of a

St. Louis Encephalitis Control

program.

This effort includes treating tires with BTi.

Under

the program, seasonal employees check

tire piles and other

breeding areas on a regular basis

and

treat as needed.

The cost

of the program

in this urban area with

a population

of about

100,000

is

about $25,000 per year.

(P11

at

211).

A program

targeted at tires only would be

less costly.

Shredding

tires permanently solves

the mosquito problem

since the tires

no longer hold water.

Such permanent disposal

is

preferred since the cost of periodic pesticide treatment over

time will exceed

the cost of shredding

and disposal

and lead

to

resistance

in mosquitoes.

This

is particularly true where

the

nature and location of the piles leads

to labor

intensive

efforts.

The director

of the Northwest Mosquito Abatement

District estimated

that about

30 percent of his district’s

overall manhours o~insecticide use and between

10 and

30 percent

of his total budget unit went

into tire

treatment.

(Ru

at

143).

On the other

hand,

the Macon Mosquito Abatement District

treated tires

at

a cost of

120 man hours

and

$60

in materials.

(P11 at 223).

A representative of Oxford Energy Company

(Oxford) testified

as

to the experiences of his company

in scrap tire management.

He estimated

that

250 million

tires are discarded

in the U.S.

annually and that only between

20 and

40 million of them are

reused as

tires.

The remainder contain

the equivalent of 500

million gallons of oil worth

about

$214 million.

Oxford believes

that finding ways

to tap that resource

is the ultimate solution

to the scrap

tire problem.

The company collects tires

in

California and

on

the East Coast.

By 1990 Oxford expects

to

collect

25 million

tires annually,

turning

3 million over

to

retreaders,

burning

15 million

in

its two fuel—to—energy plants

and shredding

the rest

for fuel

and other

uses.

96—

S 7

---

4

Oxford collects tires

from businesses, municipalities and

other entities.

In general the cost of shredding tires

is $20 to

$40 per ton depending upon how clean the tires are.

Picking

up,

transporting and shredding costs $60

to $80 per

ton.

One hundred

passenger

tires make up a

ton.

(P11

at 249—270).

Oxford

estimates that a 30 megawatt power plant could utilize

10 million

tires per year

in Illinois.

Such a plant would have

a capital

cost of

$60 million and be supported by up to

four regional

collection and shredding centers at a cost of one million dollars

each.

Alternatively,

tires could be shredded and used as a fuel

substitute

along with coal.

(P11 at 256).

Other witnesses mentioned shredding costs

of one dollar per

passenger tire

(P11

at

95 and 112) and

three dollars per

truck

tire.

(P11 at 95).

One tire dealer

testified that he purchased

a tire

slitter

for $3,500 and

is generally satisfied with its performance.

The

machine slices tires longitudinally

so that they

take up far less

space

and can be stacked so as

to shed water.

He

termed the

slitter

a

“moderate cost”.

(P11 235—237).

The cost of keeping tires dry was not discussed at any

length, although Clarke estimates the draining cost at 20 cents

per

tire after each rain.

(Exh.40).

The Department of Energy and Natural Resources

(DENR)

has

identified

five companies

in the State that process scrap

tires.

Tire shreds can compete economically with $20 per ton

coal at a selling price of $27.30 per ton or

less.

According

to

DENR there are not enough tire processors

in Illinois presently

to process all tires generated.

(P11 at 192—197).

It was generally agreed that landfills discourage

the

landfilling of whole tires and charge

a premium

to

take

them.

According

to

DENR:

Solid waste

landfills are becoming

reluctant

to accept whole

tires

for disposal because of

problems

with

whole

tires

floating

to

the

surface

once

buried,

and

landfill

capacity

problems

in general

which allow operators

to

be more

selective

in

the

types

of materials

they

will

accept.

Some

Illinois

landfills

will

no

longer

accept

whole

tires,

others

will

charge

a

premium

fee

for gate

receipt.

Many

landfills

still

accepting

tires

charge

an

additional

fee on

a

per

tire basis

of

$2

to

$5,

or on

a per cubic yard basis of $12 or

greater.

(P11 at

197).

Alternate uses of tires such as oil extraction,

rubber

reclaiming,

use

in asphalt and a variety of other processes

exist, but are not common

in Illinois.

It

is apparent that uses

96—88

---

5

exist

for scrap tires, but

it will take time to develop them on

a

scale necessary

to handle the 10 million generated annually

in

Illinois.

The economic information contained

in this record

is

sufficient for

the Board to make an EcIS determination.

The

record shows that tires can be treated with relatively safe

pesticides at less than five cents each and passenger tires can

be permanently shredded

at a cost of

a dollar or

less.

The

pesticide is readily available from at least one Illinois company

and some shredding and processing capacity exists.

This can be

expected

to increase as pressure mounts

to properly dispose of

tires.

These

costs are not excessive, particularly when compared

to the cost of a new

tire.

Any facility with a special situation

can apply for an alternate management program under Section

849.105,

a variance,

an adjusted standard,

or

a site—specific

rule change.

Given this situation

the Board

finds that an EcIS

is not necessary in this matter,

and

the Board

also finds that

the rule

is technically feasible and economically reasonable.

At hearing comment on the proposal

largely centered on the

issues of the number of tires that should trigger controls,

the

time span

for controls and reporting requirements.

The Illinois

Environmental Protection Agency (Agency)

and Illinois Department

of Public Health

(IDPH)

both expressed concerns about available

resources to address the tire associated problems.

The Agency

in

particular requested that the permanent rule track the emergency

rule

in scope and that any broadening be phased

in after the

legislature acts on

a comprehensive tire bill that would also

address the solid waste aspects of the problem.

(P11 at 155).

The Board generally agrees with this concept.

The draft proposal set ten tires as the limit at which

scrap

tire accumulation would

not be regulated.

At hearing

it was well

established that the target mosquitoes will lay eggs

in only one

tire

(P11

at

11,

76,

and 244) but that new infestations of the

Tiger Mosquito tend

to be found

in larger accumulations.

(P11

77).

Many witnesses considered

the

ten tire limit to be

unpractic~lin terms of available resources.

The Agency and IDPH

both

favor

a

50 tire cutoff

(P11

78 and

157)

as does

the

Department of Commerce and Community Affairs

(DCCA)

(P.C.#7).

Based on

the testimony

in this record,

the reasoning used to set

the

50 tire limit

in the Emergency Rule

(0 at

27)

remains

valid.

The Board again notes

that local

authorities remain free

to

regulate smaller accumulations at any location they deem

appropriate.

Likewise,

as in the Emergency Rule,

the Board will accept

the Agency recommendation

(P11 at

167)

that the rule only apply

to accumulations of tires at commercial

facilities or those

generated by commercial activities.

This

is consistent with the

Emergency Rule provision.

The board

notes

that commercial

facilities routinely ship or receive tires

and this tire movement

is the primary means by which species such as the Tiger Mosquito

96—89

---

6

spread.

The Board will also continue

to exempt scrap tires

generated on a farm or livestock operation, given that they are

not likely to be regularly transported.

Scrap tire accumulations

on agricultural land which are not the result of personal,

agricultural, horticultural, or livestock raising activities are

not exempt from the rule.

The scope of the regulation may be

expanded

in later proceedings.

This

is consistent with phasing

in tire regulations.

The City of Chicago in particular asked

for

more

time to comply.

It explained its tire control program and

the problems encountered with fly dumping.

(P11 at

104).

The

Board believes these concerns are not unique

to Chicago.

The proposed

rule applies

to all accumulations in excess of

50 tires at commercial facilities.

This includes persons who

receive scrap tires

for disposal, storage or processing and those

who use scrap tires

for such purposes as bumpers and weights.

Unlike the Emergency Pule,

all scrap

tires at a facility

fall

under

the rule,

regardless of when they were accumulated.

The First Notice version of the rule required that tires be

managed

to control mosquitoes between May

1

and November

1 of

each year.

The tire dealers preferred that the dates

not be

changed.

(Rh

at 229).

The entomologists were uncomfortable

with the May

1 date as perhaps being

too late.

Their

views

ranged from the need

to gather more information on this topic

to

moving the date forward.

(P11 at 13,42,72,

and 220).

Dr. Brown of the Macon Mosquito Abatement District

recommended March 15 as

a starting date based on observations

that Tiger Mosquito larvae have been found

in Evansville,

Indiana

as early as March.

He also said that Tree Hole Mosquito larvae

have been found

in Decatur

as early as the first week of May and

Northern House Mosquito larvae as early as the first week of

April.

(Rh

at 220—223).

Dr. Novak of

the Illinois Natural

History Survey presented temperature data supporting moving the

time forward

(P11

at

42)

and Dr. Haramis of

Illinois Department

of Public Health favored the April

1 date.

Based on this

testimony the Board will set the date at April

1.

However,

the

proposed rule will not take effect until May

1,

1989,

so

this

year’s starting date for

the implementation of management

standards will be one month later than that of following years.

The Agency requested that regulated

persons be required

to

report their

accumulations and keep records of their

tire

management activities.

(Exh.42).

The

tire dealers do not want

reporting, but request

that any reporting requirements carry as

little burden as possible.

(Rh

230—233).

The Board agrees with

the Agency that enforcement requires that at least some record be

kept and some information be reported.

These proposed

requirements are similar

to those which were adopted

in the

Emergency Rule.

Regulated persons will be required

to maintain documentation

sufficient

to demonstrate compliance.

As

a practical matter this

96—90

---

7

will involve keeping invoices on other

records to show that tires

have been professionally treated or that appropriate pesticides

have been purchased and used.

The person should have

a tire

management plan that an inspector can verify as being carried

out.

A plan which involves keeping tires dry converted will be

easy

for

an inspector

to verify visually.

A plan involving

regular pick up of tires

for disposal may require supporting

documentation such as

a handling contract.

The tire dealers suggested that reprocessed

tires be treated

as new tires for purposes of this rule.

Such tires are excluded

from the definition of scrap tires unless they are commingled

with scrap

tires.

Testimony indicated

that reprocessed

tires are

readily distinguishable from scrap

tires

in that they are

in

general “clean”, often have

a label and are dyed or painted.

They are generally well cared for

and stored indoors.

(PhI at

220 and 233).

In addition to

the above—described changes, some definitions

have been refined

in the interest of clarity, particularly that

of

“converted tire.”

The presence of mosquito larvae

in tires does not of itself

constitute

a violation of the regulation.

It

is expected

that

some mosquitoes will develop, especially with plans involving

pesticides.

Persons electing

to use pesticides must keep records

of treatment and segregate treated from untreated tires.

ORDER

The Board hereby proposes

for Second Notice the following

rule to be filed with

the Joint Committee on Administrative

Rules.

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

C:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER m:

MANAGEMENT OF SCRAP TIRES

PART

849

MANAGEMENT OF SCRAP TIRES

Section

849.101

Definitions

849.102

Severability

849.103

Reporting of Scrap Tires and Their Disposition

849.104

Management Standards

for

the Accumulations of Scrap

Tires

849.105

Alternate Management Programs For Accumulations of Scrap

Tires

849.106

Persons Who May Apply Pesticides

96—91

---

8

Authority:

Implementing Section 22 and authorized by Section 27

of the Environmental Protection Act

(Ill.

Rev.

Stat.

1985,

ch.

ill lj~

,

pars.

1022 and 1027)

(Source: Emergency rules adopted

in P88—12 at 12 Ill.

Peg.

,

effective May

1,

1988,

for

a maximum of 150 days, which

is

September

28,

1988; adopted

in R88—24 at

13

Ill. Beg.

effective

May

1,

1889.)

Section 849.101

Definitions

Except

as stated herein and unless

a different meaning of

a word

or

term is clear

from its context,

the definitions of words or

terms as are used

in this Part shall be the same as those used

in

the Environmental Protection Act.

“Converted Tire” means

a tire which has been manufactured

into

a usable product other

than a

tire,

or otherwise altered

so that it

is no longer capable of holding accumulations of

water.

Converted tires

include, but are not limited

to,

those which have been shredded,

chopped, drilled with holes

sufficient to assure drainage, slit longitudinally and

stacked

so

as not to collect water

or wholly or partially

filled with soil,

áement or other material

to prevent

accumulation of water.

“Conversion” or

“converting” means

action which produces

a converted tire.

“Generation” means

the creation of

a scrap tire by removal of

a tire from a wheel

(rim).

“New Tire” means

a tire which has never been placed on

a

motor vehicle wheel

(rim)

for

use.

“PERSON”

IS ANY INDIVIDUAL,

PARTNERSHIP, CO—PARTNERSHIP,

FIRM, COMPANY,

CORPORATION-,

ASSOCIATION, JOINT STOCK COMPANY,

TRUST,

ESTATE, POLITICAL SUBDIVISION,

STATE AGENCY,

OR ANY

OTHER LEGAL ENTITY,

OP THEIR LEGAL REPRESENTATIVE,

AGENT OR

ASSIGNS.

“Reprocessed Tire” means a tire which has been recapped,

retreaded or regrooved

and which has not been placed on a

motor vehicle wheel

(rim)

since being reprocessed.

“Scrap Tire” means

a tire which has been removed

from use on

a motor vehicle and separated from the wheel

(rim).

Any tire

which is not a new tire, converted tire or reprocessd tire is

considered to be a scrap tire until

it

is placed

on a motor

vehicle wheel

(rim).

A reprocessed

or new tire which

is

commingled with or placed within an accumulation of scrap

tires

is considered

to be

a scrap tire.

For

the purposes of

this Part only,

a scrap

tire is considered

to be

a waste.

()(S—92

---

9

“Tire” means

a hollow ring, made of rubber or similar

material, which is designed

for placement on the wheel

(rim)

of

a motor vehicle.

Section 849.102

Severability

If any provision of these rules or regulations is adjudged

invalid, or

if the application thereof

to any person or

in any

circumstance

is adjudged invalid, such invalidity shall

not

affect

the validity of this Part as

a whole or

of any Subpart,

Section, subsection, sentence or clause thereof not adjudged

invalid.

Section 849.103

Reporting and Record Keeping

a)

Any person subject

to the requirements of Sections

849.104

or 849.105 shall by July 1,

1989, report

to the

Illinois Environmental Protection Agency (Agency)

the

information required

in subsection

(c).

b)

Any person who after

July

1,

1989,

accumulates more than

50 scrap tires such that he

is subject

to the

requirements of Sections 849.104

or 849.105 shall report

to the Agency within 45 days of accumulation of such

scrap tires the information required

in subsection

(c).

c)

Information required:

1)

The legal name and post office address of the

person making the repOrt;

2)

The location of the accumulation

including street

address, municipality or

township, county, and

if

appropriate, descriptions of rural

locations;

3)

The approximate number of scrap tires at the

location;

4)

Whether

the person ships to or

receives scrap tires

from other locations and the estimated number of

scrap tires shipped or received annually;

5)

What use or disposition

a person makes or plans to

make of the scrap tires; and

6)

The manner

in which the accumulation

is stored

prior

to such

use or disposition.

d)

Reports required by this Section shall

be sent to:

96—93

---

10

Illinois

Environmental Protection Agency

Division of Land Pollution Control

2200 Churchill Road

P.O.

Box 19276

Springfield,

IL

62794—9276

e)

Any person subject

to the requirements of Sections

849.104 or 849.105 shall develop

a compliance plan to

achieve compliance with those Sections for managing

scrap tires

to control larval and pupal mosquitoes and

shall maintain records and manage scrap tires

in such

a

manner

as to be able to demonstrate that such plan

is

being implemented.

This activity may include but shall

not be limited

to

the following:

1)

Segregating

treated from untreated scrap tires;

2)

Maintaining invoices

for pesticides purchased

or

the services of

a professional pesticide service;

3)

Maintaining

records on the dates of periodic

treatment;

4)

Documentation showing approval

of any Alternate

Management Program under Section 849.105;

5)

Documentation such as hauling contracts or invoices

which indicate the dates on which or

frequency with

which scrap tires are removed from the location;

or

6)

Such other information as may be useful

or

necessary to document that the plan

is being

implemented

as planned.

Section 849.104

Management Standards for Accumulations of

Scrap Tires

a)

This Section does not apply to scrap tires accumulated

solely as a result of personal, agricultural,

horticultural, or livestock raising activities.

b)

Except as otherwise provided

in Section 849.105, between

April

1 and November

1,

no person shall accumulate

or

maintain an accumulation of more than 50 scrap tires

from that person’s commercial

or business activities or

maintain such an accumulation on any commercial or

business property unless the

tires are either:

1)

Drained of water on the day of generation or

receipt and kept dry-by being:

A)

Placed within

a closed container or

structure;

or

96—q4

---

11

B)

Covered by material impermeable

to water;

or

C)

Drained or otherwise managed

so as

to remove

water within 24 hours

after each precipitation

event;

or

2)

Drained

of water

on the day of generation or

receipt and processed into converted or

reprocessed

tires within

14

days.;

or

3)

Drained

of water on the day of generation or

receipt and treated within

14

days, with

a

pesticide appropriate

to prevent the development of

mosquito larvae and pupae,

and treated again as

often as necessary to prevent such development,

taking

into account the persistence (effective

life)

of the pesticide utilized;

or

4)

Treated

on the day of generation

or

receipt with

a

pesticide appropriate

to prevent the development of

mosquito larvae and pupae

and treated again as

often as necessary

to prevent such

development,

taking

into account the persistence

(effective

life)

of the pesticide utilized.

Section 849.105

Alternate Management Programs For Storage of

Scrap Tires

a)

A person with an accumulation of scrap tires may employ

mosquito control or management programs different than

those specified in Section 849.104

if, and only if,

that

person files

a complete plan

for

an alternative program

with the Agency which details the control

or management

measures which will

be

taken.

An alternative program

is

complete only if

it is accompanied

by

a statement from

the Illinois Department of Public Health that such

program

is expected

to achieve results for control

of

larval and pupal mosquitoes substantially equivalent to

those which would

be achieved by full compliance with

the requirements of Section 849.104.

A person may file

a plan on behalf or one or more persons for

the

management of

a number of different accumulations.

Each

person whose program

is

included in the plan need not

file

a separate plan, but must be identified

in the

submitted plan.

b)

Requests for statements of substantial equivalency shall

be submitted

to the

Illinois Department of Public Health

and shall be accompanied

by information sufficient

to

allow the Department

to assess. the effectiveness of the

alternative program.

Such requests shall

be sent to:

96—95

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12

Division of Environmental Health

Office of Health Protection

Illinois Department of Public Health

525 W. Jefferson Street

Springfield,

IL

62761

Section 849.106

Persons Who May Apply Pesticides

No person shall apply any pesticide

to scrap tires, unless:

a)

THE PERSON IS A CERTIFIED PESTICIDE APPLICATOR CERTIFIED

BY THE

ILLINOIS DEPARTMENT OF AGRICULTURE PURSUANT TO

THE ILLINOIS PESTICIDE ACT OF 1979 (Ill.

Rev.

Stat.

1987,

ch.5,

par 801

et seq.);

or

b)

THE PERSON

IS APPLYING A GENERAL USE PESTICIDE

SPECIFICALLY APPROVED BY THE INTER-AGENCY COMMITTEE

ON

THE USE OF PESTICIDES FOR USE BY AN UNCERTIFIED

APPLICATOR ON

SCRAP

TIRES pursuant

to Section 11.1(7) of

the Illinois Pesticide Act of

1979, as amended by P.A.

85—1327, effective August

31,

1988

(Suppl.

to

Ill.

Rev.

Stat., ch.5,

par.

811.1(7)).

IT

IS SO ORDERED.

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Proposed Opinion and Order

was adopted on the

__________________

day of

~

1989 by a vote of

7—C

.

Dorothy M./~unn,Clerk

Illinois P~llutionControl Board

96—96