ILLINOIS POLLUTION CONTROL BOARD

July 11,

1991

IN THE MATTER OF:

)

MANAGEMENT OF

)

 R90-9(B)

USED

AND

WASTE TIRES

)

(RULEMAKING)

PROPOSED

RULE.

PROPOSAL

FOR

PUBLIC

COMMENT.

OPINION

AND

ORDER OF THE BOARD

 (by J.

Marlin):

On

 April

25,

1991

the

 Board

 adopted

in

 Docket

 R90-9(A)

regulations concerning the processing, storage, transportation and

disposal of used and waste tires.

 At the time of that Order the

Board opened this docket for the purpose of repealing 35 Illinois

Administrative Code Part

 849,

for

 further consideration of the

retreaders/recyclers exemption contained in Docket A, and to fine—

tune

 certain

 provisions

of

 these

 rules

 e.g.

the

 pesticide

application provisions,

 etc.

The Board has assembled a “package”

 of these provisions for

consideration by the participants.

 Because the effective date of

the new management standards

 is January

1,

 1992,

the

 Board

is

requesting public comment upon both the standards adopted in Docket

A

and

 today’s

 proposal

to

be

 submitted

by

 August

1,

 1991.

Thereafter,

 the Board will expeditiously proceed to First Notice

publication

 after

 considering

 suggested

 changes

in

 order

to

accomplish repeal of the existing Part 849 standards prior to the

effective

 date

of

 new Part

 848.

 The Board

 urges

the

 careful

consideration of all aspects of this proposal by the participants.

To that end, the Board emphasizes that a considered review of its

Opinion and Order in R90-9(A)

 (April

25,

 1991)

 will reveal the

difficulties the Board

 encountered

 in the development

of

 these

standards and areas where input is desired.

DISCUSSION

Exemptions for Tire Retrepdinc Facilities

During

the

 course

of

the

 R9O-9(A)

 proceeding,

 tire

reinanufacturers

 (retreaders)

 expressed

 concern

 regarding

the

management standards proposed by the Agency, particularly, the 14

day storage limitation and the fire exposure separation distances.

The testimony presented at the hearings

Tr.

No.

 1, pp. 98-104 and

Tr.

No.

2,

pp.

 101-102

 indicate that these facilities will have

to manufacture at least 500 tires of a specific type at a time to

achieve economies of scale

 in production,

 and further notes that

it is not possible to collect 500 tires of a kind within 14 days.

Therefore,

 as a practical matter,

 far more than 500 tires must be

stored on site

 at any given

 time.

 In order to have

 efficient

124—13

1

2

production, affected participants stated that retreading facilities

need to maintain sufficient inventory with a turnover time in the

range of 2 to

 3 months.

The testimony presented at the August 10, 1990 hearing Tr.2

pp.

 118—127

 and the comments filed with the Board

PC9

 indicate

that the proposed fire exposure separation distances will place a

considerable burden on tire retreading facilities located in urban

areas having limited property.

In PC #14 the Agency proposed exempting tire retreaders from

certain management standards.

 The Agency proposal included the

following observation:

In proposing these revisions the Agency is motivated

by

 a heightened awareness that remanufacturers of

tires play an important role in contributing to the

solution to the problem of waste tires.

 By reusing

otherwise unusable tires the remanufacturerprevents

 those

 tires

 from being

 landfilled

or

 improperly

discarded.

 The Agency believes that adoption of

the proposed regulations could create a regulatory

environment

 where

 small

and

 medium

 size

remanufacturers as

 a category of facilities could

not legitimately operate.

 Therefore the following

additional comments are made with the recognition

that

 tire

 remanufacturers

are

 performing

an

important role related to used and waste tires and

that their activities should be encouraged and not

prohibited when carried out in an environmentally

safe manner.

The Agency

 suggested

 changes

 which

 provide

 exemptions

to

retreading facilities from specific requirements of the management

standards of Section 848.202.

 The Agency’s proposal exempts sites

at which tires are retreaded from the pile separation requirements

of subsections 848.202

 (b)(l),

 (b)(2),

 (c)(4)

 and (C)(5), and the

earthen berm requirement of subsection 848.202

 (d) (3) based on the

number of tires stored, the size of the tire storage unit, and the

number of tires retreaded on a daily basis.

 The Agency believes

that

 these

 exemptions

 will

 provide

 relief

to

 legitimate

 tire

remanufacturers from the fire protection and mosquito management

standards.

The Board agrees that tire retreaders need relief from certain

requirements in the adopted rule and, therefore, proposes to adopt

new Section 848.206 which allows tire retreaders to develop and

implement alternate management standards to minimize the threat of

fire and mosquito breeding.

 This Board

 solicits comments

 from

interested parties on the advisability of adopting this section.

124—132

Under this proposal, existing large retreaders will be exempt

from certain provisions if they have a storage unit no more than

500

 feet

by

500

 feet by

20

 feet

 (dimensions

 suggested by the

Agency); the site operator was registered with the U.S. Department

of Transportation (U.S.

 DOT) prior to April 25,

 1991; and retreads

at least 500 tires per day.

 The date April

25,

 1991 was chosen

because

it

is

the

day

the

 Board

 finalized

 Docket

A

of

 this

proceeding.

 The intent is that a site which operated under a U.S.

DOT registration on that date will meet the

 848.206

 (a) (2.) (B)

requirement despite changes of ownership.

As

 suggested

by

the

 Agency

the

 exemption

 will

 apply

to

848.202(b)(l),

 (b)(2),

 (c)(4)

and

 (c)(5).

 These

 subsections

involve separation

of

 piles,

 distance

 from buildings,

 stacking

requirements,

 and unit size.

 The Board additionally proposes an

exemption from 848.202(b) (5) which requires that tires be “altered,

reprocessed,

 converted,

 covered

or

 otherwise

 prevented

 from

accumulating water” within

 14 days of receipt.

 Large retreaders

will be allowed to control mosquitoes by an alternate method to be

detailed in the contingency plan pursuant to Section 848.203.

The

Agency suggested limiting the exemption to retreaders

 located in

Chicago.

 The Board proposal applies statewide.

At

 hearing,

 Lakin

 General

 raised

the

 issue

of

 whether

retreaders should receive a credit in terms of financial assurance

requirements

for

 retreadable

 tires

 (TR.l,

 p.170).

The

 Board

proposes to exempt retreadable tires stored on site from removal

cost estimate calculation under Section 848.404.

 These tires have

intrinsic value beyond their fuel potential and are not likely to

 be abandoned.

 Tire derived fuel stored at the site it is to be

burned is exempt from financial assurance.

 Under this reasoning

it likewise makes sense to exempt retreadable tires.

 The proposal

also exempts up to 2000 other tires from the financial assurance

calculation.

 This will prevent a situation where a retreader must

seek assurance for a small number of used or waste tires.

New large sites will be exempt from 848.202(b) (5), and have

the same financial assurance requirements as existing large sites.

It is assumed that a new site will be selected in an area large

enough to meet the spacing requirements.

Small

 retreading

 sites with

 less

 than

500

 tires

and

the

capacity to retread at least 20 tires per day are currently exempt

from financial assurance requirements and 848.202(c)(4),

 (c)(5),

and (d)(3).

 The proposed rule exempts them from 848.202(b) (1) and

(b) (2) as well.

 Given the small number of tires involved the Board

does not propose to exempt them from

 (b) (5).

Pesticide Treatment

The proposed amendment to the Pesticide Treatment Section,

848.205, will make that section applicable to the entire Part and

124—133

Title XIV of the Act rather than just Section 848.203.

 The rule

will then be applicable to most tire piles that are subject to the

 provisions of the Act and rules.

Existing Part 849

Part 849, the original rules for management of scrap tires to

control mosquitoes,

 is proposed to be repealed.

 Part 849 will

remain in force, however, until this proposal becomes a final rule

and takes effect.

Section 848.202

At

 subsection

 848.202(b)(6),

the

 Board

has

 replaced

the

reference to Part 807 with a reference to Subtitle G, since it is

more inclusive of the landfill permitting requirements.

ORDER

The following rules are hereby submitted for public comment.

Today’s proposal will not be submitted to the Secretary of State

for publication in the Illinois Register.

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

 POLLUTION CONTROL BOARD

SUBCHAPTER

USED

AND

WASTE TIRES

PART 848

MANAGEMENT OF USED

AND

WASTE TIRES

SUBPART

GENERAL

Section

848.101

 Applicability

848.102

 Severability

848.103

 Other Regulations

848.104

 Definitions

848.105

 Incorporation by Reference

SUBPART

MANAGEMENT

STANDARDS

Section

848.201

 Applicability

 848.202

 Requirements

848.203

 Contingency Plan

848.204

 storage of Used and Waste Tires Within Buildings

848.205

 Pesticide Treatment

848.206

 Exemptions for Tire Retreading Facilities

124—134

SUBPART

RECORDKEEPING

AND

REPORTING

Section

848.301

 Applicability

848.302

 Records

848.303

 Daily Tire Record

848.304

 Annual Tire Summary

848.305

 Retention of Records

848.306

 Certification

SUBPART D:

 FINANCIAL

ASSURANCE

Section

848.400

 Scope and Applicability

848.401

 Upgrading Financial Assurance

848.402

 Release of Financial Institution

848.403

 Application of Proceeds and Appeal

848.404

 Removal of Cost Estimate

848.406

 Mechanisms for Financial Assurance

848.407

 Use of Multiple Financial Mechanisms

848.408

 Use of a Financial Mechanism for Multiple Sites

848.410

 Trust Fund

848.413

 Letter of Credit

848.415

 Self—Insurance for Non—commercial Sites

SUBPART

TIRE

REMOVAL

AGREEMENTS

Section

848.501

Applicability

 848.502

 Removal Performance Standard

848.503

 Contents of Proposed Tire Removal Agreements

848.504

 Time Allowed for Tire Removal

848.505

 Removal Plan

848.506

 Initiation of Tire Removal

848.507

 Certification of Removal Completion

848.508

 Agency Approval

848.509

 Board Review

SUBPART

TIRE

TRANSPORTATION

REQUIREMENTS

Section

848.601

 Tire Transportation Prohibitions

848.602

 Tire Transportation Registrations

848.603

 Agency Approval of Registrations

848.604

 Registration No Defense

848.605

 Duration and Renewal

848.606

 Vehicle Placarding

124—135

6

848.Appendix A FINANCIAL ASSURANCE FORMS

Illustration A “Trust Agreement”

Illustration B “Certification of Acknowledgement”

Illustration E “Irrevocable Standby Letter of Credit”

Illustration C “Owner or Operator’s Bond Without Surety”

Illustration D “Owner or Operator’s Bond With Parent

surety”

Illustration E “Letter from the Chief Financial Officer”

AUTHORITY:

 Implementing Section 55.2 and authorized by Section 27

of the Environmental Protection Act

 (Ill. Rev. Stat.

 1989, ch. 111

1/2, pars.

 1055.2 and 1027).

SOURCE:

 Adopted in R90-9(A), at 15

 Ill. Reg.

 7959, effective May

10,

 1991;

 amended in R90—9(B)

 at 15 Ill.

 Reg.

 effective

SUBPART A:

 GENERAL

Section 848.101

 Applicability

Section 55 of the Illinois Environmental Protection Act

 (Ill. Rev.

Stat.

 1989,

ch.

111

 1/2,

 par,

 1055)

 sets

 forth

 prohibitions

relative to the storage,

 processing,

 disposal and transportation

of used and waste tires.

 This Part sets forth rules establishing

further requirements relative to the storage, processing, disposal

and transportation of used and waste tires.

This Part 3hall not apply to any site at which tires are retreaded

if the

owner

or operator of such a site holds a valid registration

as

 a tire

 retreader pursuant to

49

 CFR 571.117 and

 49 CFR 574

(incorporated by reference at Cection 040.105)

 and complies with

35 Ill.

 Adm. Code 049.

SUBPART B:

 MANAGEMENT STANDARDS

Section 848.202

 Requirements

a)

 Unless exempted by Section 848.201, owners 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 more than 50 used or waste tires are

located the

 owner

or

 operator

 shall

 comply

 with

the

following requirements:

124—136

1)

 Used

 or waste

 tires

 shall

not

be

 placed

on

or

accumulated

in

 any pile

 outside

of

 any building

unless the pile is separated

 from all other piles

by

no

 less

 than

25

 feet

and

 aisle

 space

is

maintained to

 allow

 the unobstructed movement of

personnel and equipment.

2)

 Used or waste tires shall not be accumulated in any

area

 located

 outside

 of any building unless

the

accumulation

is

 separated

 from

all

 buildings,

whether

 on or

off

the

 site,

 by no

 less than

25

feet.

3)

 Used

or

 waste

 tires

 shall

not

be

 placed

on

or

accumulated

in

any

 pile

 unless

the

 pile

is

separated

 from

all

 potential

 ignition

 sources,

including

 cutting

 and welding

 devices,

and

 open

fires,

by

not

 less

 than

250

 feet

or

all

 such

activities are carried out within a building.

4)

 Used

 or waste tires shall be drained of water on

the day of generation or receipt.

5)

 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 from accumulating water.

 All used and

waste

 tires

 received

 at the site before June

1,

1989,

 shall

be

 altered,

 reprocessed,

 converted,

covered or otherwise prevented from

 accumulating

water by January

1,

 1992.

6)

 USED OR WASTE TIRES

SHALL

NOT BE ABANDONED, DUMPED

OR

 DISPOSED

ON

 PRIVATE

OR

 PUBLIC

 PROPERTY

IN

ILLINOIS,

 EXCEPT

 IN A LANDFILL PERMITTED BY

THE

AGENCY

 PURSUANT

TO

35

 ILL.

 ADM.

 CODE

 PART

007

Subtitle G.

 (Section 55(a) (5) of the Act)

7)

 Used or waste tires

 shall

 not be accepted from a

vehicle

 in which

 more than

20

 tires

are

 loaded

unless the vehicle displays a placard issued by the

Agency under Section 848:

 subpart F.

8)

 Tires shall not be accumulated in an area

 if the

grade

of

 the ground

 surface exceeds

 two percent

slope unless the requirements of subsection

 (d) (3)

of this Section are met.

c)

 In addition to the requirements set forth in subsection

(b),

the

 owner

or

 operator

 shall

 comply

 with

the

124—137

8

following requirements at sites at which more than 500

used or waste tires are located.

1)

 A contingency plan which meets the requirements of

Section 848.203 shall be maintained.

2)

The

 recordkeeping

and

 reporting

 requirements

of

Subpart C shall be met.

3)

 Used

or

 waste

 tires

 shall

not

 be placed

on

or

accumulated

in

any

 pile

 unless

the

 pile

is

separated

 from grass,

 weeds,

 brush,

 over—hanging

tree limbs and similar vegetative growth by no less

than 50 feet.

4)

 Used

 or waste

 tires

 shall

 not be

 placed

on

or

accumulated

 in any

 tire

 storage

 unit unless

the

unit is no more than 20 feet high by 250 feet wide

by

250

 feet

 long.

In

 determining

 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

accumulated in any tire storage unit unless one of

the following requirements is met:

A)

 The tire storage unit

 is separated from all

buildings, whether located on or off the site,

and all other tire storage units by an earthen

berm

 that

is

no

 less

 than

1.5

 times

the

maximum height

of

 any tire pile within

the

storage unit; or

B)

 The tire storage unit is separated from all

buildings, 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 following:

124—138

9

Required Separation Distances

From Tire Storage Units

 (in feet)

Tire Storage Unit Height

(in feet)

Unit Face

50

75

93

107

118

Dimensions

100

100

128

146

164

(feet)

250

140

181

216

245

d)

 In addition to the requirements set forth in subsections

(b) and

 (c) of this Section, the owner or operator shall

comply with the following requirements at sites at which

more than 10,000 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

 times

by

an

attendant,

 locked

 entrance,

 television

 monitors,

controlled

 roadway

 access

or

 other

 equivalent

mechanisms.

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

 except

 that

the

 owner

or

 operator

 shall

provide a means for access through or over the berm

or

 other

 structure,

 capable of containing

 runoff

resulting

 from

 tire

 fires,

 accessible

by

 fire

fighting equipment.

Section 848.205

 Pesticide Treatment

Owners or operators of tire storage sites or tire disposal sites

treating used or waste tires with pesticides pursuant to Cection

040.203 this Part or Title XIV of the Act shall meet the following

requirements:

a)

 Maintain a record of pesticide use at the site.

 Such

a

 record

 shall

 include

the

 following information

for

each application:

124—139

10

1)

 Date of pesticide application;

2)

 Number

of used or waste tires treated;

3)

 Amount of pesticide applied; and

4)

 Type of pesticide used.

b)

 Notify

 the Agency

 of pesticide use within

 10 days

of

each application.

 The notification shall

 include the

information listed in subsection

 (a).

c)

 Persons applying pesticides to used and waste tires must

comply with the requirements of the Illinois Pesticide

Act

 (Ill.

 Rev.

 Stat.

 1989,

ch.

5,

 par.

 801 et

 seq.).

Information is available from:

Illinois Department of Agriculture

Bureau of Plant

 & Apiary Protection

State Fairgrounds

P.O. Box 19281

Springfield, IL 62794—9281

New

 Section

Section 848.206

 Exemptions for Tire Retreading Facilities

a)

 Existing

 sites.

 Sites

 which

 meet

the

 conditions

of

subsection

 (a) (1) are exempt as set out in subsection

 (a) (2).

1)

 Conditions for exemption.

A)

 Size

 of unit.

 The storage unit

 is no more

than 20 feet high by 500 feet wide by 500 feet

long,

 including the aisle

 space between any

piles within the unit.

B)

 Registration.

 The site was operated by a tire

retreader who,

 as of April

25,

 1991,

 held a

valid registration with the U.S. Department of

Transportation as

a

 tire retreader under

49

CFR 571.117 and 574.

C)

 Eaui~ment. The retreader:

i)

Has

 equipment

at

the

 site

 which

is

capable of retreading at least 500 tires

per day when operated in accordance with

the

equinment manufacturer’s specifications

and

124—140

ii)

 Maintains documentation at the site which

demonstrates that

 an average of

 500 or

more tires per day were retreaded at the

site

 during

the

 previous

two

 calendar

months.

2)

 Scope of exemption.

A)

 Pile

 separation

 distances

 specified

at

subsections 848.202(b) (1) and

 (b) (2), storage

limitation

on

 whole

 tires

 specified

at

 subsection

 848.202(b)(5),

 tire stora~eunit

reauirements

of

 subsections

 848.202

 (c) (4).

(c) (5), and the earthern berm requirement of

subsection 848.202

 (d) (3) do not apply.

B)

 The cost of removing the following is excluded

from the cost estimate under Section 848.404:

i)

 All retreadable tires;

and

ii)

 Up to 2000 other tires.

fl

 Alternate Management Standards.

As

 a part of the

contingency plan reguirements of Section 848.203,

the owner or operator shall develop and implement

a tire storage plan within 60 days of the effective

date of these regulations to minimize the threat of

fire and mosquitoe breeding.

 Such

a

 plan

 shall

include

but

not

be

 limited

to

 tire

 storage

arrangements, aisle space,

 access to fire fighting

personnel and

 eauipment,

 mosquito

 inspection

and

control.

b)

 New sites.

 Sites which meet the conditions of subsection

(b) (1) are exempt as set out in subsection

 (b) (2).

1)

 Conditions for exemption.

A)

 Size of unit.

 The storage unit

is

 no more

than 20 feet high by 500 feet wide by 500 feet

long,

 including the aisle

 space between

any

piles within the unit.

B)

 Registration.

 The site is operated by a tire

retreader who,

 since

 April

25,

 1991,

 first

obtained

 a valid

 registration with the U.S.

Department

of

 Transportation

as

a

 tire

retreader under 49 CFR 571.117 and 574.

124—141

12

C)

 Equipment.

 The retreader:

i)

Has

 eauipment

at

the

 site

 which

is

capable of retreading at least 500 tires

per day when operated in accordance with

the

 eguipment

 manufacturer’s

specifications;

and

ii)

 Maintains documentation at the site which

demonstrates that an average of

 500 or

more tires per day were retreaded at the

site

 during

the

 previous

two

 calendar

months.

2)

 Scope of exemption.

A)

The

 storage

 limitation

for

 whole

 tires

specified at subsection 848.202(b) (5) does not

apply.

B)

 The cost of removing the following is excluded

from the cost estimate under Section 848.404:

i)

 All retreadable tires;

and

ii)

 Up to 2000 other tires.

 Small

 sites.

 Sites which meet the conditions of subsection

(c) (1) are exempt as set out in subsection

(C)

 (2).

1)

 Conditions for exemption.

A)

 Size of unit.

 The storage unit contains no

more than 500 used or waste tires.

B)

 Registration.

 The site is operated by a tire

retreader who holds a valid registration with

the

 U.S.

 Department

of

 Transportation

as

a

tire retreader under 49 CFR 571.177 and 574.

C)

 Eciuipntent.

 The retreader:

1)

Has

 equipment

at

the

 site

 which

is

capable of retreading at

 least 20 tires

per day when operated in accordance with

eauipment manufacturer’s

 specification

and

ii)

 Maintains documentation at the site which

demonstrates that an average of 20 tires

p~r

day were retreaded at the site during

the previous two calendar months.

124—142

specified

Section

848.202

(b)(i)

and

 (b) (2)do

not apply.

Alternate Management Standards.

 As a part of the

contingency elan reauirements of Section 848.203,

the owner or operator shall develop and implement

a pesticide application plan within 60 days of the

effective date of these regulations to minimize the

threat of mosquitoe breeding.

 Such a plan shall

include

 mosquitoe

 inspection

and

 control

reauirements.

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION

CONTROL BOARD

SUBCHAPTER m:

 MANAGEMENT OF SCRAP TIRES

PART 849

MANAGEMENT OF SCRAP TIRES

105

Alternate

Managcmcnt

Programs

For

Accumulations

of

Ccrap

Tirea

049.106

 Pesticide Application

AUTHORITY:

 Implementing Cection 22 and authori~cdby Ccction 27

of the Environmental Protection Act

 (Ill. Rev. Ctat.

 1907,

 ch. 111

1/2

 pars. 1022 and 1027)

•

effective May 1, 1933, for a maximum of 150 days; emergency expired

Ceptember

23,

 1000;

 adopted

in

 fCC 24

at

13

 Ill.

 flcg.

 7949,

effective

 June 1,

 1909.

NOTE:

 Capitalization denotes statutory language.

Cection 849.101

 Definitions

Except as stated hcrcin and unless a different meaning of a word

~1~ni-

fi~nm

ii-~

context-

t-h~

f~ni~iw~

r~f

tinrd~

ni~

terms

as are used in thin Part shall be the same as those used in

the Environincntal Protection Act

 (Act)

 (Ill. Rev.

 Ctctt.

 1907,

ch.

111 1!~

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124—143

2)

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 Tht~r~i1~

 s~?oaratiicrndi~t~nc~

Cection

349.

101

049

102

049.

103

Ccverability

leporting

 and flcicord Keepiuy

14

“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 drainages

 slit

longitudinally and stacked so as not to collect watery or

wholly

 or partially filled with

 soil,

 cement

or

 other

material to prevent accumulation of water.

 “Conversion”

or “converting” means an 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.

“PERCON” IC

ANY

INDIVIDUAL,

 PART~1ERChIIP,

CO

PARTNE11CHIP,

FIPH,

 COMPANY,

 ConronATIoN,

 ACCOCIATION,

 JOINT

 OTOCK

COMPANY,

TRUCT,

ECTATE,

CTATE

 AGENCY, On

ANY

OThER

LEGAL

ENTITY,

THEIR

 LEGAL I1EPRECENTATIVE,

AGENT Of

ACCICNC.

(Cection 3.26

the

Act.)

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

retreaded or regroovcd and which has not been placed on

a motor vehicle wheel

 (rim)

 since being reprocessed.

“Ccrap Tire” means a tire which has been removed from use

on a motor vehicle and separated from the wheel

 (rim).

Any

 tirc

 which

is

not

a

new

 tire,

 converted tire

or

reprocessed 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

this

Part

only,

scrap

t-ire is considered to be a waste.

“Tire” means

 a hollow ring, made of rubber or similar

material, which

 is designed for placement on the wheel

-(rim)

of

 motor veni~~.

n__S_I__

ala

a,s

If

 any provision of this

 Part

 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

 Cubpart,

 Cection,

 subsection,

sentence or clause thereof not adjudged invalid.

Cection 849.103

 Reporting and Record Keeping

124—144

a)

 Any person subject to the requirements of Sections 049.104

or 049.105 shall by July

1,

 1909,

 report to the Illinois

Environmental Protection Agency

 (Agency) the information

required in subscction

 (c).

Any

who

aft~July

1,

1989

- _

-—

— s_

—

___~~~S_

—

The

legal

name

and

post

office

address

the

person

making the report;

2)

 The legal name and post office address of the owner

the

 site or facility and of the operator of the

site

facility

 if the operator is a person other

than

the

owner;

The

location

the

 accumulation including street

address,

 municipality or township,

 county,

and

if

appropriate, descriptions of rural locations~

4)

The

 approximate

 number

of

 scrap

 tires

at

the

location;

5)

 Whether the person ships to or receives scrap tires

from other

 locations

and

 the estimated number

of

scrap tires shipped or received annuallyt

6)

 What

use or disposition a person makes or plans te

make

the

scrap

tires;

and

The

manner

which

the

accumulation

 is stored prior

such

 use or disposition.

0)

 The location at which

 the written compliance plan

and documentation required by Section 049.103(e) are

maintained

and

 available

for

 inspection

by

the

Agency.

d)

 Reports required by this Cection shall be sent to:

Illinois Environmental

_ _

—

—,

—

.S_

P.O. Box 19276

Springfield,

IL

12 4—145

62794 9276

b)

 accumulates more than

3cr~ip

~iiun

rnni~

~4Ifl

IT~~

 ~regui.rcmcn~ts

of Cections

U4J.JU4

or

U4~J.1U~

snuii report to the pgency

within

 45 days of accumulation of

information required in subsection

such

(c).

scrap tires

the

.I_

.Jd.

.a1#J

16

e)

Any

per3on subject to the rcquirernen

 of Sections

~iz.u~

~n~.iii.

aevei.op

aria

main~airi

a written compliance

plan

to

 achieve

 compliance

 with

 those

 Sections

for

managing

 scrap

 tires

to

 control

 larval

and

 pupa-I

mosquitoes.

In

 addition,

the

 person

 shall

 maintain

records and manage scrap tires in such a manner as to be

able

 to demonstrate that the compliance 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 340.105;

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

an~J

to document that the plan

is

 being

 implemented

as

planned.

J~:11r

•

,a.-.,.

 necessar”

f)

The

 compliance

 plan

and

 documentation

 required

by

subsection

(e)

 shall be available for inspection by the

Agency at reasonable times during normal business hours.

.104

Manag

Tires

lationa of Scrap

a)

 This Section does not apply

to

 scrap tires accumulated

solely

as

a

 result

 of personal

 (i.e.,

 noncommercial),

agricultural,

 horticultural,

or

 livestock

 raising

activities.

 In addition, this Section does not apply to

units of local and State government.

b)

 Except as otherwise provided in Section 049.105, 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:

Drained of

 on the day of

and kept

dry

by being:

124—146

aancrat

ion

 or receipt

—

r ~

r’~

-I

 within 24 ~

 ~_~tati~.

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

pestic~~

~r~~int~-

~

 prevent the development

moaauito

‘

r~iir~ria

ç~yfj

f~fj~fl

—~-r--

~arvac

and

as necessary to prevent such development, taking into

account

the

 persistence

 (effective

 life)

of

the

i:-c9j~

 nti1i~c~rL

cf

—

S_ I

a)

 A person with an accumulation of scrap tires may employ

mosquito control

 or management programs different than

those specified in Section 049.104

 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 tram

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 049.104.

 A person may file a plan on behalf

of 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

124—147

A)

 Placed within a closed container or structure;

e~

B)

 Covered by material impermeable to water? or

C)

 Drained or otherwise managed so

 as to remove

18

and

 shall

 be accompanied by information

 sufficient

to

allow the Department to assess the effectiveness

 of the

alternative program.

 Such ~eaueats shall be sent to:

Division

Environmental

Health

Office ot ricairn irotection

Illinois Department of Public Health

525

Jefferson

Street

Springfield, IL

62761

Section 049.106

 Pesticide Application

Persons applying pesticides

requirements of the Illinois

to scrap

Pesticide

tires

Act

must

(Ill.

comply with the

Rev. Stat.

 1987,

ch.

 5, par. 001 et seq.).

 .~.formationis available from:

•1~

Illinois Department of Agriculture

Bnr~nii

P1 nnt~

 ~r~inrv

Pi~t~i

P.O.

 Box 19201

Springfield, IL 62794 9281

Dorothy

Gunn,

Clerk

the

Illinois

Pollution

Control

Board, hereby certif

 that the above Op’

 ion and Order was adopted

on the

______________

 day of

~~-&--7

1991

;.;~_

124—148

IT IS SO ORDERED.

a vote of

Control Board