April

26, 1990

I:~

1r~

MJ½TTER OF:

USED AND WASTE TIRE REGULATION

)

R90-9

(35 ILL. ADM.

CODE 848)

)

(Rulemaking)

PROPOSED RULE.

FIRST NOTICE

ORDER

OF THE BOARD

(by

3.

Marlin)

This matter comes before the Board

on

the April

6,

1990

filing

by

the

Iliino:s

Environmental

Protection

Agency

of

proposed

regulations

for the

“Management of Used and Waste Tires.”

This

proposal for rulemaking

is made pursuant to Section 55.2(a)

of the

Environmental

Protection Act

(Act)

Ill.

Rev.

Stat.

1987,

ch,

111

1/2,

par.

1355,2

as

amended

by

P.A,

86—452.

This proposal

sets

~crth

provisions

for

the

regulation

of

disposal,

storage,

processing and transportation

of used and waste tires,

including

enforcement and financial assurance mechanisms.

Section

55.2

cf

the

Act. specifies that the Board

adopt

such

a proposal within one

year of receipt

of proposed regulations.

Nc

hearings have been held on this rulemaking.

On April

12,

.993

the

Board

accepted

the proposal

for hearing with directions

:o

the Hearing

Officer.

These directions

concerned, deficiencies

identified

by

the

Board

during

its

preliminary

review

of

the

proposal.

The Hearing Officer was directed to order the Agency to

submit amendatory language to correct these deficiencies prior to

holding

a

hearing

on

this proposal

for

rulemaking.

The Nearing

Officer sent the Agenóy his Order on April

20,

1990.

The Board today acts to send this regulatory proposal tc First

Notice

without

ruling

on

the merits

of

the

proposal.

As

noted

previously,

this proposal

is

required pursuant to Section 55.2

of

the Act.

The Board

directs the Clerk

of

the Board

to cause the

publication of the proposal

in the Illinois Register.

Again,

this

action does

not constitute

the Board’s adoption of

a substantive

position concerning the proposal.

In addition to the

foregoing,

the Board directs the Hearing

Officer

to

set

a

hearing

date

for

this

proposal;

to

establish

deadlines

for the pre—f~.J,~ing~

of testimony and exhibits for those

who

wish

to

introduce

evidence

at

the

merit

hearings;

and,

to

establish deadlines for the pre—filing of questions.

Those who do

not pre—file such materials will be able to present their evidence

only

if time permits at the end of the hearing process.

The Board

believes

that

such

procedures

will

accelerate

the

rulemaking

process

and

at

the

same

time

provide

continued

opportunity

for

public participation.

11.0—501

---

2

The Board

once again notes that by

its action on April

12,

1990, .the calculation of time during which the Board must determine

whether

or

not

an

Economic

Impact

Study

is

necessary

for this

proposal -began to

‘run.

-~Pursuantto Section 28 of the—Act,

that

time is 21 days from date of first acceptance for hearing.

Those

wishing to

comment

on

this

aspect of

the proceeding

must do

so

ORDER

The

Board

directs

the

Clerk

to

cause

first

notice

~xab1ication

in the

Illinois

Register

of

the

fo11~.iir~proposed

ru1~:

TITLE

35:

E2~VIFCNMENTALP!~1I’ECTI0N

SUBTITLE

G:

WASTE

DISFOSAL

Q~APTER

1:

POLUJ~IONCOt~’TI’1~DL

BOARD

SUBG-IAITER

m:

USED

AND

WASTE

TIRES

PARt’ 848

GE~~T

OF USED AND WASTE TIRES

SUBPART

A:

GE~E~AL

Section

848.101

Applicability

848.102

Severability

848.103

Other

Regulations

848. 104

Dafinitions

SUBPART

B:

GE~ThNt’

STANDARDS

Section

848.201

Applicability

848.202

Reguireir~nts

848.203

Contingency

Plan

SUBPART

C:

REXDRDKEEPING AND RDRI11~

Section

848.301

Applicability

848.302

Records

848.303

Daily Tire Record

848.304

Annual

Tire SumiTary

848

.

305

Retention

of Records

848.306

Certification

SUBPART

D:

FINANCIAL

ASSURANCE

Section

848.401

Appiicability

848.402

Cost

Estirr~r,e

for lire

ReiTcval

1l”—5~~

---

3

348.4(.~3

F’~r~c:-.i~3sLanc~

fc~r

Ti~

Rer~.c~val

SUBPART

E:

TIRE

RE~JVALAGREEME~’TTS

Section

848.501

Applicability

848.502

Removal

Perfont~ance Standard

848 .503

Contents

of

Proposed

Tire

Removal

Agreements

848 .504

Time

A1lc,~edfor

Tire

Removal

848.505

Certification

of

Removal

Cospletion

848.506

Agency

Approval

848.507

Board

Review

SUBPART

F:

ThANS1~RTATIONRE)2UIREXENTS

Section

848.601

‘Tire

Transpor-tation Prohibitions

848.602

Tire

Transportation

Registrations

848.603

Agency Approval of Registrations

848.604

Registration No

Dafense

848.605

~ration and

Renewal

848.606

Vehicle Placarding

Appendix

A,

Illustration

A

“Trust

Agreement”

Illustration

B

“Certification

of

Acknc~ledgement”

Illustration

C

“Irrevokable

Standy

Letter

of

Credit”

Illustration

D

“Letter

from

thief

Financial

Officer”

Illustration

E

“Corporate

Guarantee

f

or

Removal

of

Used

and

Waste

Tires”

AUflIORITi:

Irrplexnenting

Section

55.2

and

authorized

by

Section

27

of

the

Envirorirrental

Protection

Act (“Act”)

(Ill.

Rev.

Stat.

oh.

111

1/2,

pars.

1055.2

and

1027).

SOURCE:

Adopted

in

R90-

,

at

Ill. Reg.

effective

____________________

NOTE:

Capitalization

denotes

statutory

language.

SUBPART

A:

GENERAL

Section

848.101

Applicability

This

Part

sets

forth

rules

establishing

reguirements

relative

to

the

storage,

processing,

disposal

aixi

transportation

of

used

and

waste

tires.

The

r~uirements

set

forth

in

these

rules

are

in

addition

to,

and

do

not

supplant,

the

ohibns,

standards,

and

reguirements

set

forth

in

Section

55

of

the

Environmental

Protection

Act

(“Act”)

(Ill.

Rev.

Stat.

oh.

111

1/2,

par.

110—503

---

4

Section

848.102

Severability

If any section, subaection, sentence or clause of this Part shall be adjudged

unoonstitutional,

invalid

or

otherwise

not

effective

for

any

reason,

such

adjixlication

shall

not

affect

the

validity

of

this

Part

as

a whole

or

of

any

section,

subeection,

sentence

or

clause

thereof

not

adjudged

uncxnstitutional,

invalid

or

otherwise

not

effective

f

or

any

reason.

Section

848

.

103

Other

Regulations

a)

Unless

otherwise

expressly

stated,

persons

and

facilities

subject

to

this

Part

are

also

subject

to

other

Board

regulations.

Applicability

is

determined

on

the

basis

of the

language

in

the

other

provisions.

b)

The follc~ing

are specific

e~nples

of

other

provisions

which

may

be

applicable

to

facilities

subject

to

this

Part:

1)

Facilities

cathisting

used

and

waste

tires

in

enclosed

devices

are

subject

to

Subtitle

B:

Air

Pollution.

2)

Facilities

which discharge

wastewater

to

waters

of

the

State

or

sewers

are

subject

to

Subtitle

C:

Water

Pollution.

3)

FaciJ

ties

processing

used

arid waste

tires

are

subject

to

Subtitle

H:

Noise

Pollution.

4)

Transporters

are

subject

to

35 Ill.

Adm.

Code

809:

Special

Waste

Hauling,

if

used

arid waste

tires

are

catuningled

with

special

wastes

in

transport

5)

Facilities

disposing

used

arid waste

tires

are

subject

to

35

Ill.

Adrn.

Code

807

Section

848.104

Definitions

For

the

purposes

of

this

Part,

except

as

the

context

otherwise

clearly

requires,

the

words

arid ter~

defined

in

this

Section

shall

have

the

meanings

given

therein.

Words

arid

tenrs

not

defined

shall

have

the

meanings

otherwise

set

forth

in

the

Act

and

regulations

adopted

thereunder.

“Aisle”

means

an

accessible

clear

space

batween

storage

piles

or

groups

of

piles

suitable

for

housekeeping

operations,

visual

inspection

of

piling

areas

arid

initial

fire

fighting

operations.

“ALTERED TIRE”

MEANS

A

USED

TIRE

WHICII

HAS

BEEN

ALTERED

SO

ThAI

IT

IS

NO

LONGER

CAPABLE

OF

HOLDING

ACCUMUlATIONS

OF

WATER,

INCLUDING,

BUT

NOT

LIMITED

TO,

USED

TIRES

ThAT

HAVE

BEEN

SHRELOED,

C-LOPPED,

DRUI.FD

WITh

HOLES

SUFFICIENT

‘10

ASSURE

DRAINAGE,

SLIT

LONGflU)INALLY

AND

STACKED

SO

AS

Nor

‘10

(DLLEL’T

WATER

OR

WHOLLY

OR

PARTIALLY

FILED

‘.iiTh

CE~FNT

OR

OTHER

MATERIAL ID

PENf

I~

ACCUMULATION

OF

WATER.

“ALTERATION”

OR

“ALTERING”

~.ANS

AC1iON

1

in—c,ii.

---

5

~-~i~:

~x~s

~

~ux~t~

n:.~.

,ill.

F~v. St3t.

1~89

c~.

iii

i/2.

par. 104.O1)

“CONVERTED

TIRE”

MEANS

A

USED

TIRE

WHIGi

HAS

BEEN

~NUFACIURED

INIO

A

UFJ~BLE

CX~DDIT~

(XNER

ThAN

A

TIRE.

“CONVERSION”

JR

“CONVERIING”

MEANS

ACTION

WHIQI

PRODUCES

A

CONVERTED

TIRE.

USABLE

PRODUCTS

MANUFACflJRED

F1~

TIRES,

WHIGI

PRODUCIS

ARE

THEMSELVES

CAPABLE

OF

HOLDING

ACCUMULATIONS

OF

WATER,

SHALL

BE

DE~EDTO

BE

“CONVERrED”

IF THEY ARE

STACKED,

PACKAGED, BOXED, (X)~rAINERIlET)

OR

ENCWSED

IN

SUQ-1

A

MANNER

AS

TO

PRDLLDE

EXFOSURE

TO

PRECIPITATION

PRIOR

TO

SALE

OR CONVEYANCE.

(Ill.

Rev. Stat.

1989 ch. ill 112,

par.

1054,02)

“COVERED

TIRE”

MEANS

A

USED

TIRE

LOCATED

IN

A

BUILDING,

VEHICLE

OR

FACIL~fl~

WITH

A

~X)F

EXTENDING

OVER

THE

TIRE,

OR

SEXXJREIY

LOCATED

UNDER

A

MATERIAL

SO

AS

TO

PREXLUDE

EXIDSIJRE

TO

PREXIPITATION.

(Ill.

Rev.

Stat.

1989

ch.

lii 1/2,

par.

1054.03)

“DISPOSAL”

MEANS

THE

PLACEMENT

OF

USED

TIRES

INTO

OR

ON

ANY

LAND

OR

WATER

EXCEPT

AS

AN

IN~~RALPART

OF

SYSTEMATIC

REUSE

OR

CONVERSION

IN

THE

P~ULARCOURSE

OF

BUSINESS.

(Ill.

Rev.

Stat.

1989 ch. 111 1/2,

par.

1054.04)

“NF~JTIRE”

MEANS

A

TIRE

WIUCH

HAS

NEVER

BEEN

PLACED

ON

A

VEHICLE

WHEEL

RIM.

(Ill.

Rev.

Stat.

1989 ch.

111 1/2,

par.

1054.05)

“PROCESSING”

MEANS THE

ALTERING,

CONVERTING

OR

REPROCESSING

OF

USED

OR WASrE TIRES.

(Ill. Rev.

Stat.

1989 ch. 111 1/2,

par.

1054.06)

“REPROCESSED

TIRE”

MEANS

A

USED

TIRE

WHICH

HAS

BEEN

RDAPPED,

RETREADED

OR

REXRCX)VED

AND

WHICH

HAS

NOT

BEEN

PLACED

ON

A

VEHtCUE

WHEEL

RIM.

(Ill. Rev.

Stat.

1989

di.

111 1/2, par.

1054.07)

“REUSED

TIRE”

MEANS

A

USED

TIRE

THAT

IS

USED

AGAIN,

IN

PART

OR

AS

A

WHOLE,

BY

BEING

EMPLOYED

IN

A

PARTICULAR

FUNCTION

OR

APPLICATION

AS AN EFFEL~TIVESUBSITIUTE

FOR

A

CX~MERCIALPRODUCT

OR FUEL

WITHOUT

HAVING

BEEN

CONVERTED.

(Ill.

Rev.

Stat.

1989

ch.

111 1/2,

par.

1054.08)

“STORAGE”

MEANS

ANY

ACCUMULATION

OF

USED

TIRES

THAT

tOES

NOT

ODNSTPIU~EDISPOSAL.

AT

A

MINIMUM,

SUCH

AN

ACCUMULATION

MUST

BE

AN

INTEXRAL

PART

OF

THE

SYSTEMATIC

ALTERATION,

REUSE,

REPROCESSING

OR

CONVERSION

OF

THE

TIRE

IN

THE

RESULAR

COURSE

OF

BUSINESS.

(Ill.

Rev.

Stat.

1989 ch. 111 1/2,

par. 1054.09)

“TIRE”

MEANS

A

HOL1C~A1RING,

MADE

OF

RUBBER

OR

SIMILAR

MATERIALS,

WHICH

WAS

MANUFACIURED

FOR

THE

PURPOSE

OF

BEING

PLACED

ON

THE

WHEEL

RIM

OF

A

VEHICUE.

(Ill. Rev.

Stat.

1989 ch.

111 1

/

2,

par.

1054.10)

“TIRE

DISPOSAL SITE” MEANS A

SITE

WHERE USED TIRES HAVE

BEEN

110—505

---

6

DISPOSED OF OtHER THAN A SANITARY LANDFILL

P~ETTED

BY

THE

AGENCY.

(Ill.

Rev.

Stat.

1989 ch.

111

1/2,

par.

1054.11)

“TIRE

STORAGE

SITE”

MEANS

A

SITE

WHERE

USED

TIRES

APE

SlOPE)

OR

PI~)CESSED, OTHER

THAN

1)

THE

SITE

AT

WHICH

THE

TIRES

WERE

SEPARATED

FT~1THE

VEELCLE

WHEEL

RIM,

2)

THE

SITE

WHERE

THE USED TIRES WERE

ACCEPTED

IN

TRADE

AS

PART

OF A SALE OF NEW TIRES, OR

3)

A

SITE

AT

WELCH

~1IH

NEW

AND

USED

TIRES

ARE

SOLD

AT

REEATL

IN

THE

RESULAR

COURSE

OF

BUSINESS,

AND

AT

WHICH

NOT

MOPE

THAN

250

USED

TIRES

APE

KEPT

AT

ANY

TIME.

(Ill.

Rev.

Stat.

1989

ch.

111 1/2,

par.

1054.12)

“Tire

Storage

Unit”

rt~ansa pile

of

tires

or

a

group

of

piles

of

tires.

“Tire

Transporter”

ireans

a

person

who

transports

used.

or

waste

tires

in a

vehicle.

“USED

TIRE”

MEANS

A

~JRN,

DAMAGED

OR

DEFEXTIVE

TIRE

WHICH

IS

NOT

MOUNI’ED

ON

A

VEHICLE

WHEEL

RIM.

(Ill.

Rev.

Stat.

1989

ch.

111

1/2,

par.

1054.13)

“VEX~IOR”MEANS

ARHE~DFODS,

RATS,

MICE,

BIRDS

OR

OTHER

ANIMALS

CAPABLE

OF

CARRYING

DISEASE-PRODUCING

OROANISHS

TO

A

HUMAN

OR

ANIMAL HOST.

“VtOTOR”

tOES

NOT

INCLUDE

ANIMALS

THAT

‘1?AN~LT

DISEASE

TO

HUMANS

ONLY

WHEN

USED

AS

HUMAN

RX)D.

(Ill.

Rev.

Stat.

1989

di.

111 1/2,

par.

1054.14)

“VEELCLE”

MEANS

EVERY

DEVICE

IN,

UPON

OR BY

WHICH

ANY

PERSON

OR

PROPERFL

IS

OR

MAY

BE

TRANSPORtED

OR

DRAWN,

EXCEPT

DEVICES

MOVED

BY HUMAN PCWER OR

BY

ANIMAL

POWER,

DEVICES

USED

EXCLUSIVELY

UPON

STATIONARY

RAILS

OR TRACKS, AND

MYEORIZEI)

WHEELCHAIRS.

(Ill.

Rev

Stat.

1989 di. 111 1/2, par.

1054.15)

“WASTE

TIRE”

MEANS

A

USED

TIRE

THAT

HAS

BEEN

DISPOSED

OF.

(Ill.

Rev.

Stat.

1989 di.

111 1/2,

par. 1054.16)

SUBPART

B:

MANAGEMENT

STANDARDS

Section

848.201

A~iplica~i1ity

a)

Owners ard operators of tire

disposal

sites ard tire storage

sites

whose

operations

are

not

specifically

exempted

by

su~ections

(b)

through

(d)

shall:

1)

Meet t~c~

r&a:~it~of

this

Sut~part by

Janu~y

1~.iJS2 if

used

or -~ste

tires

were

di3posed

of

or

storemi. prior

110—506

---

7

January

1,

1992; or

2)

~et

the

r~uirerrents

of

this

Sutpart

prior

to

storing

or

disposing

any

used

or

waste

tires

at

the

site if

the

site

first

accepts

tires

for

storage

or

disposal

after

Janu3Iy

1,

1992.

b)

Tire

storage

sites

and tire

disposal

sites

where

less than 50 used

or

waste

tires

are

stored

at

the

site

are

exempted

from

the

requirements

of this

SuJ~art.

Sites

where

less

than

50

used

or

waste

tires

are

disposed

are

not

exempted

from

the

requirements

of

this

Subpart.

C)

The

requirements

of this Subpart do not apply to

used

or

waste

tires

disposed

in

permitted

areas

of

sanitary

lardf

ills

permitted

by

the

Agency pursuant

to

35

Iii.

Adm.

Ccxie

807.

Any

used

or

waste

tires

thus

disposed

shall

not

be

included

in

determining

the

number

of

tires

for

purooses

of

the

requirenents

of

this

Sulpart.

Used

or

waste

tires

stored

at

a

sanitary

landfill

permitted

pursuant

to

35

Ill.

Adm.

Ccxie

807

are

subject

to

the

requirecents

of

this

Subpart.

d)

Used

tires

stored

within

a

biilding

are

not

subject

to the

requirements

of

this

Sulpart

if:

1)

the

luilding

has

a

roof

extending

over

all

sides

of

the

b.iilding

which

is

impermeable

to

precipitation;

and

2)

all

windc~s

and

doors

are

in

working

order

and

are

secured

to

prevent

unauthorized

access.

Section

848.202

Requirements

a)

Unless

exertpted

by

Section

848.201,

c~ners

and

operators

of

tire

storage

sites

and tire

disposal

sites

shall

meet

the

requirements

of

this

Section.

These

requirements

shall

apply

to

all

used

or

waste

tires

located

at

the

site,

including

altered

tires,

converted

tires

and

reprocessed

tires.

b)

At

sites

at

which

not

more

than

500

used

or

waste

tires

are

located

the

follc~ing

requirements

shall

apply.

1)

Used

or

waste

tires

shall

not

be

placed

on

or

accumulated

in

any

pile

outside

of

any

b.iilding

unless

the

pile

is

separated

from

all

other

piles

by

no

less

than

25

feet

and

aisle

space

is

maintained

to

allci~ithe

uno~tructed

movement

of

personnel

and

equipment.

2)

Used

or

waste

tires

shall

not

be

accumulated

in

any

area

located

outside

of

any

beilding

unless

the

accumulation

is

separated

from all

b.iildings,

whether

on

or

of f

the

site,

by

no

less

than

25

feet.

110-507

---

8

3)

Used

or

waste tires

shall

not

be

placed on or

ac~umulated in

any

pile

unless

the

pile

is

separated

frau

all

potential

ignition

sources,

inolixiing

cul±ingand welding

devices,

and

open

fires.

by

not

less

than

250

feet

or all

such

activities

are

carried

out within

a

buldrg.

4)

Used or

waste

tires

received

at

the

site

shall

not

be

stored

unless

within

14

days after

the

receipt

of

any used tire

the

used tire

is

altered,

reprocessed,

converted,

covered

or

otherwise

prevented

fran

acx~.mulatingwater

All

used

tires

received

at

the

site

before

Jure

1,

1989, shall be

altered, reprocessed,

converted,

covered

or

otherwise

prevented

from acomulating

water

by

no

later

than

January

1,

1992.

5)

Used

or

waste

tires

shall

not

be

abandoned,

dumped

or

disposed

on private

or

public

property

in

Illinois,

except

in

a

sanitary

landfill

permitted

by

the

Agency

pursuant

to

35 Iii. Adm.

Ccxle

Part

807.

6)

Used

or

waste

tires

shall

hot

be

accepted

from

a

vehicle

in

which

more

than

10

tires

are

loaded

unless

the

tires

were

transported

to

the site:

A)

in an

enclosed

vehicle

or

in

a

vehicle

in

which

the

tires

were

covered

with

a

material

impermeable

to

water;

and

B)

the

vehicle

displays

a

placard

issued

by

the

Agency

under

Section

848:

Subpart

F.

7)

Tires

shall

not

be

accumulated

in

an

area

if

the

grade

of

this

area

exceeds

two

percent

slope

unless

the

requirements

of

su~ection

(d)

(3)

of

this

Section

are

met.

c)

In

ac~iition to

the

requirements

set

forth

in

su~ection

(b),

the

follc~ing

requirements

shall

apply

at

sites

at

which

more

than

500

used

or

waste

tires

are

located.

1)

The

~‘ner

or

operator

shall

have

and maintain

a

contingency

plan

which meets

the

requirements

of

Section

848. 203.

2)

The

c~neror

operator

shall

maintain

records in accordance

with

Section

848:

Subpart

C.

3)

Used

or

waste

tires

shall

not

be

placed

on

or

accumulated

in

any pile

unless

the

pile

is

separated

fran

grass,

weeds,

brush,

over-hanging

tree

liin~ and

similar

veqetative

growth

by

no

less

than

50

feet.

4)

Used

or

waste

tires

shall

not

be

placed on or ac

.uL~c~d

11~~—50~

---

9

any ti

storage

urü ~ unk~ssth~ur

t

is

no

ir~rethan

20

feet

hi~~

by

250

feet-

wide

by

250

feet

long.

In

deterxninin~

the

width

or

length

of

any

tire

storage

unit

the

aisle

space

between

any

piles

within

the

unit

shall

be

included.

5)

Used

or

waste

tires

shall

not

be

placed

or

acdumulated

in

any

tire

storage

unit

unless

one

of

the

fol1c~ing

requirements

is

met:

A)

The

tire

storage

unit

is

separated

fran

all

~aildings,

whether

located

on or off the site, and all other

tirestorage

units

by

an

earthen

berm

that

is

no

less

than

1.5

times

the naximum

height

of any tire pile

within

the

storage

unit;

or

B)

The tire storage

unit

is

separated

from

all

b~iilding~,

whether

located

on

or

off

the

site,

and

all

other

tire

storage

units

by

a

separation

distance

that

is not

less

than

the

distance

identified

by

the

follc~ing:

Required

Separation

Distances

F~omTire

Storage

Units

(in

feet)

Tire

Storage

Unit

Height

(in

feet)

8

12

16

25

56

67

77

Unit

Face

50

75

93

107

118

Dimension

100

100

128

146

(in

feet)

150

117

149

178

200

130

167

198

250

140

181

216

245

d)

In

addition

to

the

requirements

set

forth

in

subaections

(b)

and

(c)

of

this

Section,

the

fo11c~ing

requirements

shall

apply

at

sites

at

which

more

than

2,500

used

or

waste

tires

are

located.

1)

The

area

of

the

site

where

used

or

waste

tires

are

stored

shall

be

completely

surrounded

by

fencing

in

good

repair

which

is

not

less

than

6

feet

in

height.

2)

Entrance

to

the

area

where

used

or

waste

tires

are

located

shall

be

controlled

at

all

tiit~s by

an

attendant,

locked

entrance,

television

monitors,

controlled

roadway

access

or

other

equivalent

mechanisn~s.

110—509

---

10

3)

The

area of the site

where

used

or

waste

tires

are

stored

shall

be

completely

surrounded

by

an

earthen

berm or other

structure

not

less

than

2

feet

in height.

The

c~neror

operator

shall

provide

a

means

for

a~ss

thrcxigh

or

over

the

berm

or

other

structure

accessible

by

fire

fighting

equiptient.

Section

848.203

Contingency

Plan

a)

If

an

c~neror

operator

of

a tire

storage

site

or

tire

disposal

site

is

required

by

Section

848.202

to

have

a

contingency

plan

under

this

Section,

the

contingency

plan

must

ir~t

the

requirements

of

this

Section.

b)

The

contingency

plan

must

be

designed

to

minimize

the

hazards

to

human health

and

the

environment

from

fires

and

run-off

of

contaminants

resultir~

from

fires

and

from disease—spreading

mosquitoes

and other

nuisance

organisn~ which

may

breed

in

water

accumulations

in

used

or

waste

tires.

c)

The

provisions

of

this

plan

mast

be

carried

out

irrtrr~iiately

whenever

there

is

a fire

or

run-off,

which

could

threaten

human

health

or

the

environment,

or

evidence

of

insect

production

in

used

or

waste

tires.

d)

The

contingency

plan

must describe

the

actions

site

personnel

must

take

in

response

to

fires,

run-off

resulting

from

fires

and

insect

breeding

in

used

or

waste

tires.

e)

This

plan

must

include

an

evacuation

plan

for

site

personnel.

This

plan

must

describe

signals

to

be

used

to

beqin

evacuation,

evacuation

routes,

and

alternate

evacuation

routes

(in

cases

where

the

primary

routes

could

be

blocked

by

fire).

The

plan

must

include

a pesticide

application

plan

for

control

of

insect

breeding

in used and waste tires.

After July 1,

1994,

pesticides

may

only

be

applied

to

tires

as

provided

in

the

contingency

plan

in

response

to:

1)

evidence

of. insect production in used or waste,

tires;

and

2)

after

notice

to

the Agency

that

pesticides

will be

applied.

f)

A copy

of

the

contingency

plan and

all

revisions

to

the

plan

must

be

maintained

at

the

site,

and

submitted

to

the

local

fire

departments,

police

departhents,

the

Agenôy

and

state

and

local

emergency

response

teams

that

may

be

called

upon

to

provide

~~ergency

service.

g)

The

contingency

plan

must

be

reviewed

and

imediately

amended,

if

the

plan

fails

in

an

emergency,

the

site

changes

in

~

way

thac

materially

increases

the

potential

risk

for

fires,

run-off

from

110—510

---

11

fires

or insect h~ee1ingor the

list

~f emergency

coordinatc.r~

chanqes.

h)

At all

times,

there

must

be

at

least

one

employee,

either

on the

site

premises

or on call, with

r~sponsinility

for

coordinating

all

emergency

response

measures.

This

errerger~y coordinator

must

be

familiar

with all aspects of the

contingency

plan,

all

operations

and

activities

at the site, the

location

of all

records

within the

site and the site layout.

In addition, this

person

must

have

the

authority to

commit

the

resources

needed

to carry

out

the

contingency

plan.

SUBPART

C:

R~P~DKEEPING

AND

RE~ORTING

Section

848.301

Applicability

If

an

c~’ner

or

operator

of a tire storage site or a tire

disposal

site

is

required

by

Section

848.202 to

maintain

records

in

accordance

with this

Subpart, the records and

recordkeeping

shall

meet

the

requirements

of this

Subpart.

Section

848.302

Records

a)

The c~nerand operator

shall

keep a

record

of used and

waste

tires

at

the

site.

The

c~ner and

operator

shall

keep

the

foll~ing

records:

1)

Daily Tire Record

2)

Annual

Tire

Surmuiiar-y

b)

Each

Annual

Tire Sunmary suthdtted to the

Agency

shall

be

in

a

form

as

prescribed

by the Agency.

Section

848.303

Daily

Tire

Record

a)

The

Daily

Tire

Record

shall

be

maintained

at the site and

shall

include

the

day

of the

week,

the date, the

Agency

designated

site

number

and

the

site

name

and

address.

b)

The

follcMing

information

relative

to

used

and

waste

tires

shall

be

recorded

in

the

Daily

Tire

Record:

1)

The

number

and weight

of

whole

tires

and

the

weight

of

chopped

or

shredded

of

tires

received

at

the

site

during

the

operating

besiness

day.

2)

The

number

and

weight

of

whole

tires

and

the

weight

of

chopped

or

shredded

tires

transported

from

the

site

during

the

operating

business

day

and

the

destination

of

the

tires

so

transported.

110—511

---

12

3)

The

total

number

of

whole tires

remaining

in

storage

at

the

conclusion

of

the

operating

b.isiness

day.

4)

The

number

and weight

of

whole

tires

and

the

weight

of

chopped

or

shrekled

tires

b.irned

or

cxati~xistedduring

the

operating

b.~siness day.

C)

Entries

on

the

Daily- Tire

Record

as

required

by

suk~ection

(a)

shall

be

made conteit~oraneous1y with

the

receipt

or

transport

of

each

load,

unless

the

operator

uses

a different

n~ethodof

recording

the

required

information

which

assures

that

required

information

can

be

entered

onthe

Daily

Tire

Record

by

the

end

of

each

txisiness

day,

in

which

case

the

information

must

be

recorded

in

the

Daily

Tire

Record

by

the

end

of

each

b.isiness

day.

Where

an

alternative

method of

conteiriporanecus

recording

is

used,

that

record,

in

addition

to

the

Daily

Tire

Record,

mast

be

maintained

in

accordance

with

the

record

retention

provisions

of

Section

848.305.

Section 848.304

Annual

Tire Suirmary

a)

An

Annual

Tire

Sunmary

shall

be maintained

at

the

site

and

shall

include

the Agency

designated

site

number,

the

site

name

and

address

and the

calendar

year

for

which

the

si.ntmaxy

applies.

b)

The

follcMing

information

relative

to

Used

and

Waste

Tires

shall

be

recorded

in the

Annual

Tire

Sunmary~.

1)

The

number

and

weight

of

whole

tires

and

the

weight

of

chopped

or

shredded

tires

received

at

the

site

during the

calendar

year.

2)

The

number

and weight

of

whole

tires

and

the

weight

of

chopped

or

shredded

tires

transported

from

the

site

during

the

calendar

year.

3)

The

total

number

of

whole

tires

remaining

in

storage

at

the

conclusion

of

the

calendar

year.

4)

The

number

and

weight

of

whole

tires

and

the

weight

of

chopped

or

shredded

tires

t~irned

as

fuel

or

comb.isted

as

waste

during

the

calendar

year.

c)

The

Annual

Tire

Sumary

shall

be

received

by

the

Agency

on

or

before

January

31

of

each

year

and

shall

cover

the

preceding

calendar

year.

Section

848.305

Retention

of

Records

Copies

of all

records

required

to be

kept

under this Subpart

shall

be

retained

by

the

owner

and

operator

for

three

years

and

shall

be

made

available

at

the

site

during

the

normal

bisiness

hours

of

the

operator

for

inspection

and

11~-5t!

---

13

photocopying

by

the

Acency.

Section 848.306

Certification

a)

All

records,

surnaries

or

repc.rts

suhnitted

to

the

Ag~ncyas

required

by

this

Subpart

shall

be

sign~

by

a

person

responsible

for

preparing

and

reviewing

such

documents

as

part

of his or

her

duties

in

the

reqular

course

of

bisiness.

b)

Any

person

signing

a

document

sulznitted

under

this

Part

shall

make

the

following

certification:

I

certify

that

this.

docur-ent

and

all

attachments

were

prepared

under

my

direction

or

supervision.

Based

on

my

ir~uiry

of

the

person

or

persons

who

manage

the

system,

or

those

persons

directly

responsible

for

gathering

the

information,

the

information

su~nitted is,

to

the

best

of

my

knowledge

and

belief,

true,

accurate,

and coi~lete.

I

am

aware

that

there

are

significant

penalties

under

Section

44

of

the

Divironmental

Protection

Act

for

suhmitting

false

information,

including the possibility of fine and

imprisonment

for

knowing

violations.

SUBPART

D:

FINANCIAL

ASS~ANCE

Section

848.401

Applicability

a)

The

requirements

of

this

Subpart

shall

apply to c&~’nersand

operators

of

tire

storage

sites

and

tire

disposal

sites,

except

as

provided

otherwise

in

this

Section.

b)

Unless

exempted

by

subeection

(c),

for

tire

storage

sites

and

tire

disposal

sites

where

used

or

waste

tires

are

disposed

or

stored

prior

to

January

1,

1992,

owners

and

operators

shall

comply

with

the

requirements

of

this

Subpart

by

January

1,

1992.

Unless

exeii~ted by

subeection

(c),

for

tire

storage

sites

and tire

disposal

sites

where

used

or

waste

tires

are

first

stored

or

disposed

after

January

1,

1992,

owners

and

operators

shall

comrply

with

the

requirements

of

this

Subpart

prior

to

storing

or

disposing

any

used

or

waste

tires

at

the

site.

c)

The

following

owners

and

operators

of

tire

storage

sites

and tire

disposal

sites

are

exempted

from the

requirements

of

this

Subpart:

1)

CIX.iners

and

operators

where

the

real

estate

of

the

site

is

owned

by

the

federal

government

or

an

agenc”

thereof,

the

State

or

Illinois

or

an

agency

thereof

or

a

unit

of

local

110—513

---

14

2)

Owners

and

operators

of

tire

disposal

sites

where

the

site

has been

permitted

by

the

Agency

under

35

Ill.

Adm.

Code

807

for

the

disposal

of

solid

waste

at

a

sanitary

landfill.

If

used

or

waste

tires

are

stored

at

the

site

in addition

to

being

disposed

at

the

site

then

the

storage

activities,

unless

otherwise

exempted,

are

subject

to

the

requiren~nts

of

this

Subpart.

3)

Owners

and

operators

where

less

than

500

used

or waste

tires

are

stored

at

the

site

and

less

than

50

used

or

waste

tires

have

been

disposed

at

the

site

as

reported

on the

notice

of

activity

annually

sukznitted

to

the

Agency

under

Section

55(c)

of

the

Act.

4)

Owners

and

operators

where,

as

reported

on

the

notice

ofactivities

annually

su~itted

to

the

Agency

under

Subsection

55(c)

of

the

Act,

less

than

5000

used

or

waste

tires

are

stored

at

the

site

and

less

than

50

used

or

waste

tires

have

been

disposed,

if

the

owner

or

operator

has

not

been

issued

2

written

notices

under

Section

55.5 in

any

calendar

year

for

violation

of

subsection

(a),

(b)

or

(c)

of

Section

55.

5)

Owners

and operators

of tire

disposal

sites

where

written

approval

of

a tire

removal

agreement

has

been

obtained

from

the

Agency

under

Section

848:

Subpart

E

and tires

have

been

or

are

being

removed

from

the

site

in

accordance

with

the

schedule

in

the tire

rextoval

agreement.

Section

848.402

Cost

Estimate

for

Tire

Removal

a)

Beginning

January

1,

1992,

the

owner

or

operator

shall

annually

s~.thnitto

the Agency a

written

estimate

of

the

cost

of

removing

all

used

and waste

tires

from

the

site.

The

cost

estimate

shall

be

suthdtted

with

the

notice

of

activity

annually

suthdtted

to

the

Agency

under

Section

55(c)

of

the

Act.

b)

The

estimate

must

equal

the

cost

of

removing

the

maximum number

of

used

and

waste

tires

reported

on

the

notice

of

activity

for

the

calendar

year

as

su~nitted to

the

Agency

under

Section

55(c)

of

the Act.

c)

The

estimate

must

be

based

on

the

costs

to

the

owner

or

operator

of

hiring

a

third

party

to

remove

the

used

and

waste

tires

from

the

site.

A

third

party

is

a

party

who

is

neither

a

parent

nor

a

subsidiary

of the owner or

operator.

Not~ithstanding

the above,

an

owner

or

operator

may

use

costs

to

the

Agency

under

a

contract

to

perform

tire

removal

actions

for

the

area

in

which

the

site

is

located

as

a

basis

for

determining

the

removal

cost

estimate.

Section

848.403

Financial Assurance for Tire

Removal

11O~514

---

15

An

owner

or

operator

shall

establish

financial

assur; .nce

for the

r~tcval

of

used

and waste

tires

from

the

site.

The

owner

or

operator

shall

chcxDse

from

the

options

as

specified

in

subsections

(a)

thrcugh

(c).

a)

Removal

trust

fund.

1)

An

owner or

operator

may satisfy

the

requirements

of

this

Section

by

establishing

a

removal

trust

fund

which

conforms

to

the

requirements

of this paragraçii and suhaittirg an

original,

signed

duplicate

of the trust

agreement

to

the

Agency.

The trustee mist be an

entity

which

has

the

authority

to

act

as

a

trustee

and

whose

trust

operations

are

regulated

and

examined

by

a

Federal

or

State

agency.

2)

The

wording

of

the

trust

agreement

must

be

as

sp~ified

in

Section

848.Apperdix

A,

Illustration

A

and

the

trust

agreement

must.

be

accompanied

by

a

formal

certification

of

acknowledgment

as

specified

in

Section

848.Appendix

A,

Illustration

B.

Schedule

A

of

the

trust

agreement

must

be

updated

within

60

days

after

a

change

in

the

amount

of the

current

removal

cost

estimate

covered

by

the

agreement.

3)

Payments

into

the trust fund

must

be

made

annually

by

the

owner

or

operator

over

the

5

years

beginning

January

1,

1992,

or

the

date

used

or

waste

tires

are

first

received,

whichever

is

later.

This

period

is

hereafter

referred

to

as

the

“pay-in

period.

The payments

into

the

removal

trust

fund

must

be

made

as

follows:

A)

The

first

payment

must

be

made

before

January

1,

1992

or

the

date

used

or

waste

tires

are

first

received

at

the

facility,

whichever

is

later.

The

first

payment

must

be

at

least

equal

to

the

current

removal

cost

estimate,

except

as

provided

in

subsection

(f),

divided

by

5.

B)

Subsequent

payments

must

be

made

no

later

than

30

days

after

each

anniversary

date

of

the

first

payment.

The

amount

of

each

subsequent

payment

must

be

determined

by

this

formula:

Next

payment

(CE

-

CV)

/ Y

where

CE

is

the

current

removal

cost

estimate,

CV

is

the

current

value

of

the

trust

fund

and

~

is

the

niur~r of

years

remaining

in

the

pay-in

period.

4)

The

owner

or

operator

may

acx~e1eratepayments

into

the

trust

fund

or

may

deposit

the

full

amount

of

the

current

removal

cost

estimate

at

the

time

the

fund

is

established.

However,

the

owner

or

operator

shall

maintain

the

value

of

the

fund

at

no

less

than

the

value

that

the

fund

would

have

if

annual

110—515

---

16

payments

were

trade

as

speci.fied

in

subsection

(a)

(3).

5)

If

the

owner

or

operator

establishes

a

removal

trust

fund

after

having

used

one

or

more

alternate

methani~’tEspecified

in this

Section,

the

owner

or

operator’s

first

payment

irn.ist

be

in

at

least

the

axr~intthat

the

fund

would

contain

if

the

trust

fund

were

established

initially

and

annual

payments

made

as

specified

in

subsection

(a) (3).

6)

After

the

pay-in

period

is

caupleted,

the

owner

or

operator

shall

annually

compare

the

removal

cost

estimate

with

the

trustee’

s

most

recent

annual

valuation

of

the

trust

fund.

If

the

value

of

the

fund

is

less

than

the

mnt

of

the

most

recent

estimate,

the

owner

or

operator,

within

120

days

after

the

change

in

the

cost

estimate,

shall

either

deposit

an

amount

into

the

fund

so

that

its

value

after

this

deposit

at

least

equals

the

amount

of

the

current

removal

cost

estimate,

or

obtain

other

financial

assurance

as

specified

in

this

Section

to

cover

the

difference.

7)

If

the

value

of the

trust

fund

is

greater

than

the

total

amount

of

the

current

removal

cost

estimate,

the

owner

or

operator

may suhuit

a written

request

to

the

Agency

for

release

of

the

amount

in

excess

of the

current

removal

cost

estimate.

8)

If

an

owner

or

operator

substitutes

other

financial

assurance

as

specified

in

this

Section

for

all

or

part

of

the

trust

fund,

the

owner

or

operator

may suhuit

a

written

request

to

the

Agency

for

release

of

the

amount

in

excess

of

the

current

removal

cost

estimate

covered

by

the

trust

fund.

9)

Within

90

days

after

receiving

a

request

from

the

owner

or

operator

for

release

of

funds

as

specified

in

subsections

(a) (7)

or

(a) (8),

the

Agency

shall

instruct

the

trustee

to

release

to

the

owner

or

operator

such

funds

as

the

Agency

specifies

in

writing.

10)

After

beginning

partial

or

final

removal,

an

owner

or

operator

or

another

person

authorized

to

conduct

partial

or

final

removal

may

request

reixrtxirseirent

for

removal

expenditures

by

suhnitting

itemized

bills

to

the

Agency.

The

owner

or

operator

may

request

reimb~irsementfor

partial

removal

only

if

sufficient

funds

are

remaining

in

the

trust

fund

to cover the maximum costs of

removing

all

remaining

used

and waste

tires.

Within

60

days

after

receiving

bills

for

partial

or

final

renoval

activities,

the

Agency

shall

instruct

the

trustee

to make

reintiirsement

in

those

amounts

as

the

Agency

specifies

in

writing

if

the

Agency determines

that

the

partial

or

final

removal

expenditures

are

in

axxrdance

with

the

approved

removal

plan,

or

otherwise

110—516

---

17

justified.

If

the

Ag ncy

deten~nines that

the inaxim.xm

cost

of

removal

over

the

remaining

life

of

the

facility

will

be

significantly

greater

than

the

value

of

the trust fund, it

shall

withhold

reitnkx~isementof

such

an~xintsas

it

deeir~

pri~dent

until

it determines,

in

acxxrdance

with

subsection

(f),

that

the

owner

or

operator

is

no

longer

required

to

maintain

financial

assurance

for

final

removal

of

used

and

waste

tires

at

the

facility.

If

the

Agency

does

not

instruct

the trustee to

make

such

reiithirs~rents,

the

Agency

shall

provide

the

owner

or

operator

a detailed

written

statement

of

reasons.

U)

The

Agency

shall

agree

to

termination

of the

~ust

when:

A)

An

owner

or

operator

substitutes

altermate

financial

assurance as

specified

in this

Section;

or

B)

The

Agency

releases

the

owner

or

operator

from

the

requirements

of

this

Section

in

accordance

with

subsection

(f).

b)

P.enoval

letter of

credit.

1)

An owner

or

operator

may satisfy

the

requirements

of

this

Section

by

obtaining

an

irrevocable

standby

letter

of

credit

which confor~ to

the

requir~r~nts

of

this

paragraç~

and

sukinittirq

the

letter

to

the

Agency.

The

issuing

institution

must

be

an

entity

which

has

the

authority

to

issue

letters

of

credit

and whose

letter-of-credit

operations

are

regulated

and

examined

by

a

Federal

or

State

agency.

2)

The

wording

of

the

letter

of

credit

must

be

as

specified

in

Section 848.~perdixA, Illustration

C.

3)

An

owner or

operator

who

uses a letter of

credit

to

satisfy

the

requirements

of

this

Section

shall

also

establish

a

standby

trust

fund.

Under

the

terms

of the

letter

of

credit,

all

amounts

paid

~rsuant

to

a

draft

by

the

Agency

will

be

deposited

by

the

issuing

institution

directly

into

the

standby

trust

fund

in

accordance

with

instructions

from

the

Agency.

This

standby

trust

fund

must

meet

the

requirements

of

the

trust

fund

specified

in

subsection

(a),

except

that:

A)

An

original,

signed

duplicate

of

the

trust

agreement

must

be

sukinitted

to

the

Agency

with

the

letter

of

credit;

and

B)

Unless

the

standby

trust

fund

is

funded

p.irsuant

to

the

requirements

of

this

Section,

the

following

are

not

required

by

these

requlations.

110—517

---

18

i)

Payments

into

the

trust

fund

as

specified

in

subsection

(a).

ii)

Updating

of

Schedule

A of

the

trust

agreement

to

show

a.irrent

removal

cost

estimates.

iii)

Annual

valuations

as

required

by

the

trust

agreement.

iv)

Notices

of

nonpayment

as

required

by

the

trust

agreement.

4)

The

letter

of

credit

must

be

accorrpanied

by

a

letter

from

the

owner

or

operator

referring

to

the

letter

of

credit

by

number,

issuing

institution,

and date

and

providing

the

following

information:

the

EPA

Identification

Number,

name

and

address

of

the

site,

and

the

amount

of

funds

assured

for

removal

of

used

and waste

tires

at

the

site

by

the

letter

of

credit.

5)

The

letter

of

credit

rmist

be

irrevocable

and

issued

for

a

pericxd

of

at

least

1

year.

The

letter

of

credit

must

provide

that

the

expiration

date

will

be

automatically

extended

for

a

per

icxd

of

at

least

1

year

unless,

at

least

120

days

before

the

current

expiration

date,

the

issuing

institution

notifies

both

the

owner

or

operator

and

the

Agency

by

certified

mail

of

a

decision

not

to

extend

the

expiration

date.

Under

the

terms

of

the

letter

of

credit,

the

120

days

will

bein

on

the

date

when

both

the

owner

or

operator

and

the

Agency

have

received

the

notice,

as

evidenced

by

the

return

receipts.

6)

The

letter

of

credit

must

be

issued

in

an

amount

at

least

equal

to

the

current

removal

cost

estimate,

except

as

provided

in

subsection

(d).

7)

Whenever

the

current

renova

1

cost

estimate

increases

to

an

amount

greater

than

the

amount

of

the

credit,

the

owner

or

operator,

within

120

days

after

the

increase,

shall

either

cause

the

amount

of

the

credit

to

be

increased

so

that

it

at

least

~ia1s

the

current

removal

cost

estimate

and

submit

evidence

of

such

increase

to

the

Agency,

or

obtain

other

financial

assurance

as

specified

in

this

Section

to

cover

the

increase.

Whenever

the

current

removal

cost

estimate

decreases,

the

amount

of

the

credit

may

be

reduced

to

the

amount

of

the

current

removal

cost

estimate

following

written

approval

by

the

Agency.

8)

Following

a

failure

by

the

owner

or

operator

to

perform

final

removal

in

accordance

with

the

approved

removal

plan

when

required

to

do

so,

the

Agency

may

draw

on

the

letter

of

ii fl—518

---

19

9)

If

the

owner

or

operator

does

not

establish

alternate

financial

assurance

as

specified

in

this

Section