ILLINOIS POLLUTION CONTROL BOARD
    October
    6,
    1994
    IN THE MATTER OF:
    )
    )
    PETITION OF ILLINOIS WOOD ENERGY)
    PARTNERS, L.P. FOR AN ADJUSTED
    )
    STANDARD FROM 35 Iii. Adm. Code
    )
    AS 94-1
    807 OR, IN THE ALTERNATIVE, A
    )
    (Adjusted Standard)
    FINDING OF INAPPLICABILITY.
    )
    CONCURRING OPINION
    (by G.
    T.
    Girard):
    I agree with the majority interim opinion that the “produced
    wood fuel” as proposed by Wood Energy’ is a solid waste subject
    to the requirements of Part 807 of the Act.
    However,
    I concur
    because the majority opinion did not consider a critical aspect
    of the Wood Energy proposal and may be interpreted to establish
    an overly broad precedent.
    A key aspect of this case is the various materials that Wood
    Energy would mix to make “produced wood fuel”.
    Wood Energy
    anticipates receiving wood from industry, construction,
    demolition, forest land management, general land clearing
    operations,
    sawmills, wood product manufacturers, and other urban
    sources
    (ICC Pet. at
    3).
    As a mixture,
    “produced wood fuel” from
    these combined sources is properly considered a waste subject to
    the requirements of Part 807 of the Act.
    However, some subsets
    of this mixture should not be subject to Part 807 requirements.
    The definition of waste in Section 807.104, which includes
    the statutory language of 415 ILCS 5/3.53,
    is instructive.
    In
    pertinent part it reads, “waste iueans...discarded
    material...resulting from industrial, commercial, mining, and
    agricultural operations,
    or from community activities....”.
    (35
    Ill. Adm. Code 807.104.)
    Applying the definition to the Wood
    Energy sources of wood shows that discarded wood from industry,
    construction, demolition, wood product manufacturers, and other
    urban sources is properly classified as a waste.
    It is unclear
    from the definition whether or not wood fuel derived individually
    from general land clearing or sawmills should be subject to Part
    807 regulations, and
    I will not make that determination here.
    Wood fuel derived from forest land management should not be
    considered a waste because “forestry” operations are clearly not
    included in the definition of waste at Section 807.104 and 415
    ILCS 5/3.53.
    By not distinguishing wood fuel derived from forest land
    management from regulation by Part 807, the majority opinion
    ‘Short form references in this concurring opinion conform to
    the conventions used in the majority interim opinion.
    2
    could be interpreted to mean that Illinois citizens who burn wood
    to heat their homes would be subject to Part 807 requirements.
    Most of the heating wood used by citizens is derived from forest
    land management.
    If we follow the majority opinion analysis on
    page 10, since energy is a by-product of incineration leading
    to
    disposal, the wood fuel is a solid waste governed by Part 807.
    Therefore, this reasoning potentially leads to the conclusion
    that all citizens who burn wood in their homes are subject to the
    Part 807 requirements for handling solid waste.
    This potential
    result would clearly be incorrect and, hence,
    I respectfully
    concur.
    ~.
    Tanner Gir
    d
    Board Member
    IT IS SO ORDERED.
    I, Dorothy H.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify, that the above concurring opinion was
    submitted on the
    ~
    day of
    ____________________
    (/2
    Dorothy N. /~)1nn, Clerk
    Illinois Pàflution Control Board

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