ILLINOIS POLLUTION CONTROL BOARD
April 27,
1989
IN THE MATTER OF:
MANAGING SCRAP TIRE ACCUMULATIONS
FOR THE CONTROL OF MOSQUITOES
)
R88-24
PART 849
ADOPTED RULE.
FINAL ORDER.
OPINION AND ORDER OF THE BOARD
(By J.
Marlin):
On April
21,
1988
the Board adopted an emergency
rule
in
Docket R88—12, Managing Tire Accumulations
to Limit
the Spread
of
the Asian Tiger Mosquito.
12
Ill.
Reg.
8485.
The rule was
promulgated
in
response
to recent infestations
in the State of
the Asian Tiger Mosquito.
The emergency
rule expired
on
September
28,
1988.
In the Opinion accompanying
the emergency
rule the Board suggested that
a permanent
rulemaking
be initiated
by November
1,
1988.
On September
22,
1988,
the Board opened this docket
to
consider such
a permanent
rule.
On that same date,
the Board
proposed
a rule for First Notice which was published
in the
Illinois Register on October
7,
1988.
12 Ill.
Reg.
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.
After issuing
a Second Notice Opinion and Order
on February
2,
1989,
the Board
received motions
for reconsideration from the
Illinois Environmental Protection Agency (Agency) and
the
Department
of Agriculture.
By its Order
of February
9,
1989,
the
Board stated that
it would accept further
comments until February
21,
1989.
On February 23,
1989,
the Board issued another Opinion
and Order which vacated
the February
2,
1989 decision and
proposed
a
rule for Second Notice.
Also,
the February 23, 1989
decision found, pursuant
to Section 27(a)
of the Environmental
Protection Act
(Act)
that an Economic Impact Study was
unnecessary
for
this
rulemaking.
The Board gratefully acknowledges
the assistance of John Vandlik,
Kathleen Crowley, Morton Dorothy
and Phillip Van Ness
in the
preparation
of this regulation.
98—381
2
On April
10, 1989,
the Board
received the Joint Committee
on
Administrative Rules’
(JCAR) Certification of No Objection
to
Proposed Rulemaking.
The version of
the rule adopted
today has
been altered slightly
to conform
to agreements
made with JCAR.
The rule,
though,
is substantively unchanged from the version
proposed for Second Notice
on February
23, 1989,
although
it will
become effective June
1,
1989,
instead of May
1
as originally
proposed.
The
31 Exhibits admitted
in R88—12 are incorporated
into
this record and will keep their
original exhibit numbers.
The
transcript
of the Special Board Meeting
(Meeting of April
15,
1988
is exhibit
32.
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
The First and Second Notice Opinions describe many comments
and exhibits received during the rulemaking process
that are not
repeated
in this Opinion.
This Opinion
does, however,
go
into
detail
on the threat posed
by tire associated mosquitoes,
the
economic
impact of the
rule and
a discussion
of
the Final Rule.
LEGAL BASIS
FOR REGULATORY ACTION
Through Section
27 and
22 of
the Act,
the Board may adopt
substantive regulations
to promote
the purposes
of Title V of
the
Act which
is entitled
“Land Pollution and Refuse Disposal.”
Section 20(b)
of
the Act which sets forth the purposes of Title V
states:
It
is
the
purpose
of
this
Title
to
prevent
pollution
or
misuse
of
land,
to promote
the
conservation
of
natural
resources
and
minimize environmental damage
by reducing the
difficulty
of
disposal
of
wastes
and
encouraging
and effecting
the
re—cycling
and
re—use
of
waste
materials,
and
upgrading
waste
collection,
treatment,
storage,
and
disposal practices...
Ill.
Rev.
Stat.
1985,
ch.
l1i~-,~par.
1020(b).
Further, Section
2
of the Act states:
a)
The General Assembly finds
1)
that
environmental
damage
seriously endangers
the public
health and welfare...
98—382
3
Ill.
Rev.
Stat.
1985,
ch.
lll~ par.
1002(a)(l)
Reflecting
this legislative finding,
the Supreme Court has
held
that impairing
the Board’s ability
to “protect health,
welfare, property,
and the quality of life”
is inconsistent with
the objectives
of the Act because
of “the Act’s emphasis
on
public health.”
Monsanto Company
v.
Pollution Control Board,
67
Ill.
2d
276,
367 N.E.2d 684,
10 Ill.
Dec.
231,
235
(1977).
Similarly,
courts have held that actions
of the Board may
be
classified
as an exercise of the State’s police power which can
require
individuals
to expend funds
in “the interests
of public
health and welfare.”
A.E.
Staley Manufacturing Company
v.
Environmental Protection Agency,
8 Ill.
App.3d.
1018,
290 N.E.2d
892 (1972);
Cobin
v.
Pollution Control Board,
16 Ill.
App.
3d.
958,
307 N.E.2d
191, 199
(1974).
In the instant situation,
the Board
is adopting rules
that
regulate scrap tires
for the benefit
of public health.
It
is the
Board’s position that the promulgation
of these
rules
is well
within the authority granted
to the Board under
the Act.
The storage, transport and disposal of scrap
tires
is
a
solid waste management problem.
Such matters
are commonly dealt
with by the Board.
The Board has traditionally promulgated rules
to control pests
and vectors
associated with solid waste.
The
best example
is regulations
to control
rodents and
birds
associated with landfills.
The Board also regulates hospital
wastes and
the bacterial levels
of raw and finished water.
Other
Board
regulations concern
the safe transportation and storage of
a variety of materials.
The adoption of
regulations
to control
mosquitoes
in scrap
tires
is consistent with
the Board’s other
regulatory functions.
SCIENTIFIC PANEL
Four
research scientists specializing
in mosquito biology
and control testified
on
this matter.
This group
is collectively
referred
to
as the Scientific Panel.
Dr. George Craig, Jr.
is
an entomologist and Director of the
Vector Biology Laboratory at
the University
of Notre Dame,
and
a
Fellow
of the National Academy of Sciences.
He has served on
expert committees
for numerous entities including
the World
Health Organization and Pan American Health Organization and has
authored
over
400 scientific papers
on Aedes mosquitoes.
Dr. Robert Metcalf
is
a Professor Emeritus
at the University
of Illinois and Principal Scientist
of the Illinois Natural
History Survey
(INHS) within the Department
of Energy and Natural
Resources
(DENR).
He
is
a member
of the National Academy of
Sciences,
has served on
the Expert Committee
on Insecticides
of
the World Health Organization; Pesticide Science Advisory Panel
98—383
4
of US.
Environmental Protection Agency;
and a variety
of
committees
of
the
National
Academy
including
that
on
Urban
Pest
Management.
He
is
the
author
of
more
than
400
scholarly
publications.
Dr. Robert Novak,
is currently with the
INFIS and Macon
Mosquito Abatement District.
Previous appointments were with the
University
of Puerto Rico;
and the Centers
for Disease Control
in
San Juan and Atlanta.
His career has been focused
on mosquito
research
including identification,
ecology, behavior
and
control.
He has been the lead person for the INHS
on
the Tiger
Mosquito since
its discovery
in Illinois
last year.
Dr. Chester
D. Moore
is
a research entomologist
at the
Arbovirus Ecology Branch,
Division of Vector-Borne Viral
Diseases,
Center
for
Infectious
Diseases,
Centers
for
Disease
Control
(CDC), Fort Collins, CO.
He was
an army entomologist
at
the Walter Reed Army Institute
of Research
and served with the
CDC
in Puerto Rico.
He has authored over
30 scientific papers
and
is
an advisor
to many organizations including the World
Health Organization.
MOSQUITOES
IN TIRES
Dr. Novak listed fourteen species
of mosquitoes
in Illinois
which are found
in tires
and similar containers.
Of these,
eight
are known to spread human or animal diseases
CR11
at
22 and Exh.
37).
Of these, Culex pipiens
(Northern House Mosquito) and Aedes
triseriatus
(Tree Hole Mosquito) are known
to spread serious
human diseases
in Illinois.
The Tree Hole Mosquito
transmits Lacrosse Encephalitis
(LAC), while
the House Mosquito transmits St. Louis Encephalitis
(SLE).
Aedes albopictus
(Asian Tiger Mosquito) entered
the United
States
in 1986
from Asia where
it spreads several human viral
diseases.
It has not yet been documented
as having transmitted
human disease
in the U.S.
although
it spreads dog heartworm.
Under
laboratory
conditions
it
has
been
shown
to
transmit
a
number
of
human viral diseases common
in the U.S.
The technical witnesses generally agreed that
these three
species
are
of primary concern regarding public health
(exhibits
14,
16,
19,
20,
21,
34,
37 and 39).
SLE
is
a viral disease which causes inflamation
of the human
central nervous
system.
Disease symptoms appear
in infected
persons of all ages,
but are most severe
in
the elderly.
Symptoms include headache,
fever,
stiff neck,
drowsiness,
lethargy,
nausea and vomiting, mental confusion,
and sometimes
seizures and death.
Mortality
rates range as high
as
30 percent
of
diagnosed
cases.
During
a 1975 epidemic
in Ohio,
29
of 416
infected people died.
The average age of
those who died was
70
98—384
5
years.
(Exh.
7).
SLE
is well established
in Illinois.
During
the 1975 SLE epidemic there were 47 fatalities
in Illinois along
with 578 confirmed or probable cases
and over 700 suspect cases
(Exh.
39).
LAC has similar symptoms
to SLE.
Children are most
at
risk
of
contracting
this disease.
The mean age of 618 infected
persons
in Ohio between
1963 and 1985 was slightly less than nine
years.
Five of
the cases were
fatal.
(Exh.
7).
LAC
is well
established
in Illinois,
with over
90 confirmed cases between
1976 and 1987
(Exh.
39).
The Illinois Department
of Public Health
(IDPH) pointed out
that,
“Case investigations
by the State Health Departments
of
Minnesota and Ohio have determined
that discarded
tires were
present at 50—80
of residences where
cases of LaCrosse
encephalitis occurred....Mosquito control workers have found
that
tire casings
are one
of
the most common artificial encontainers
near private residences.
Consequently, eliminating tire casings
from private
residences will help minimize
risk
of disease
to
citizens.”
He also said that one reason attempts
to eliminate
the Yellow Fever Mosquito failed in the 1960’s was that “clean
areas were
reinfested
by eggs transported
in tire
casings.”
The Tiger Mosquito
is
of particular concern
in Illinois
because in
the laboratory
it
transmits SLE and LAC.
According
to
Dr. Moore,
laboratory
studies
indicate the Tiger Mosquito
is
as
good
a vector
of LAC
as
its normal vector,
the Tree Hole Mosquito
(Rh
at
15).
Early
in 1986,
the Tiger Mosquito was discovered
in Harris
County, Texas
and quickly spread
to other states including
Illinois.
The Centers
for Disease Control
(CDC), Division of
Vector—Borne Viral Diseases,
after investigating the infestation
made the following observations:
The
CDC
views
the
introduction
of
Ae.
albopictus
as
a
potentially
serious
public
health
problem,
both
for
the
United
States
and for
other countries
in the hemisphere; we
are devoting
a major portion
of our
time and
effort
to the matter.
**
*
We
are
strongly
encouraging
state
and
local
agencies
that
find
this
species within
their
jurisdictions
to
initiate
control
measures
against
it.
Eggs
and larvae
mosquito
young
which
live
in
water
seem
to
move
from
one
area
to
another
in
shipments
of
used
tire
casings
for
the
retreading
and
recycling
industry.
Thus,
a
major
component
in
confining
infestations
involves
the
98—385
6
cooperation,
and
possible
regulation,
of
these
businesses.
It
is
a
large
business,
and
tires
are
routinely
shipped
over
long
distances.
Tire
retreaders
and
recyclers
need
to
be
made aware
of
the
seriousness
of
the
problem
and
ensure
that
they
are
not
helping
to spread
the mosquito.
(Exh.
1.)
In 1987, CDC said the following regarding the potential
relationship between LAC
and the Tiger Mosquito:
La
Crosse
encephalitis
is
the
second
most
common form of mosquito—borne encephalitis
in
the U.S.
La Crosse
(LAC)
virus,
a member
of
the
California
serogroup
of
viruses,
is
distributed
throughout
the
eastern
U.S.
and
is especially common
in hardwood forest areas
of
the
upper
Mississippi
and
Ohio
River
valleys.
It
is
transmitted
primarily
in
a
transovarial
infection
cycle
in
Ae.
triseriatus,
with
seasonal
amplification
in
small
mammals.
Humans
typically
encounter
the virus
in heavily wooded suburban or
rural
environments.
Probably because
of
a
stable
vector—virus
cycle,
there
is
a
rather
constant
annual
number
of
about
75
human
cases
(range
of
30
to
1160
cases)
reported
to CDC.
Laboratory
studies
have
shown
that
Ae.
albopictus
is
an
efficient
vector
of
LAC
virus.
It
also transovarially transmits
the
virus.
If Ae.
albopictus becomes
involved
in
the LAC
virus
cycle
in the eastern U.S.,
the
epidemiology
of
the
disease
might
be
dramatically altered.
First, such
a new
(and
presumably
less
stable)
vector—virus
relationship could result
in greater year—to—
year
fluctuation
in
numbers
of
cases.
Second, Ae. albopictus
is better
adapted than
Ae.
triseriatus
to
urban
environments.
An
urban LAC virus
cycle would lead
to increased
man—mosquito
contact
and,
therefore,
increased
virus
transmission.
Third,
involvement’of Ae.
albopictus
could
result
in
increased
LAC
virus
activity
in
the
southeastern U.S.
(Exh.
5).
Unlike many Illinois mosquitos that are active
in the
evening,
the Tiger Mosquito
is
a day biter.
It
is active when
people are about their work and play.
It has
a reputation as
a
particularly noxious pest because
of
its bite
(Exh.
3).
It
is
98—386
7
well adapted
to human habits
and breeds
in
tires,
bottles,
jars,
plugged gutters,
and most other
small water—filled
containers.
This close association with man makes
it potentially more
dangerous than many other
species.
The Tiger Mosquito was found
in Illinois
in small
areas
of
Jefferson and St. Clair counties
in 1986 and
in one location
in
Cook County
in 1987.
(Exh.
6).
The
infestations were
in piles
of
tires.
By Fall of 1988 the Tiger Mosquito had spread
to Madison
County,
but was presumed
to be eliminated from Jefferson
(RII
at
9).
Scrap
tires also provide excellent breeding areas for the
Nothern House Mosquito and
the Tree Hole Mosquito as well as
Aedes aegypti
(Yellow Fever Mosquito).
(Exh.
7).
Dr.
Novak commented at hearing
on the large numbers of tires
found
in some neighborhoods.
The INUS scientists
inspected
premises
in the mixed residential—commercial area
around the site
of the Chicago Tiger Mosquito infestations.
Thirty—five
of
97
inspected premises had containers with mosquito larvae.
The
larvae were not necessarily
those
of the Tiger Mosquito.
Twenty—
two of the
97 premises had one
or more tire piles.
Of 40 tire
piles inspected,
eight contained over
50 tires,
12 contained
between
11
and
50 tires,
eight contained
6—10 tires
and 12
contained 1—5 tires
(Rh
at
30
and Exh.
37).
Dr. Moore pointed out that the Tiger Mosquito combines the
worst characteristics
of the mosquitoes
that transmit SLE and LAC
in Illinois:
“it has
a strong attraction to humans
for
its blood
meals,
and
is quite at home
in either
an urban or suburban
setting.”
He also pointed out that “removal
of tires
and other
major producer habitats may reduce populations of the mosquito to
a level where disease agents cannot effectively be transmitted.”
(Exh.
19A).
Regarding the proposed
rule,
Dr. Moore
stated
that:
If
you
have
full
and
total
compliance,
I
think
that
you
can
expect
essentially,
obviously,
a
total
shutdown
of
movement
of
the
mosquito
at
least
by
human
activity
within
the State.
Any
proportional
lack
of
compliance
would
give
a
proportionately
less
optimistic
picture of what’s going
to happen.
(RI.
90)
In response
to a direct question,
Dr.
Moore emphatically
stated,
“There
is no evidence
that
the Asian Tiger Mosquito,
any
other
mosquito,
or
any
other
blood—sucking
insect,
can
transmit
the
AIDS
virus.’1
(RI.
64).
Dr. Craig
said,
“Those who know anything about the public
health menace
of
this mosquito
in Asia are deeply concerned about
its introduction
to the Americas.”
He pointed out that the
insect by 1987 had spread to 77 counties
in
18 states,
has eggs
that tolerate freezing and
is
a major
biting pest.
He listed
20
98—387
8
organizations dealing with public health and entomology which
have expressed concern over the threat posed
by the Tiger
Mosquito
(Exh.
l4A).
On the importance
of acting quickly,
Dr.
Craig said,
“You have got your
last chance
to get them out
of
Chicago this spring
and summer.
You won’t have
a chance after
this fall.”
(RI.
217).
Dr.
Novak
and the INHS have studied
the Chicago
infestation.
It has spread from a tire yard to adjacent
neighborhoods.
In addition,
a search of
72 tire accumulations
in
32 Illinois counties failed
to ~Einda fourth infestation.
Drought conditions
at the
time could have caused
an infestation
to be missed due
to low mosquito production.
According to Novak:
This
pestiferous
daytime
biting
behavior
of
this
mosquito,
coupled
with
its
potential
disease—carrying capabilities, could create
a
severe
personnel
and
economic
burden
on
mosquito
abatement
districts
as
well
as
on
public
health
and
veterinary
agencies
throughout
the
State.
It
adds
yet
another
insect—and—disease—control responsibility for
these
agencies, many
of
which are unfamiliar
with
control
practices
necessary
to
abate
container—inhabiting mosquitoes. (Exh.
16A)
Dr. Metcalf said that many people are seeking his advice on
mosquito control programs.
He stated:
The
history
of practical mosquito
control
is
essentially
that
of
the
past
50
years.
It
has
been
abundantly
demonstrated
over
that
time
that
elimination
of
breeding
sites
for
larval
mosquitoes
by
drainage,
dewatering,
grading,
filling,,
etc.
or
by
ancillary
larviciding
activities
is
the most practical
method
for mosquito
abatement.
It
is obvious
that this must
be
true especially
in suburban
and
urban
locations
where
mosquito
breeding
sites
are
generally
conspicuous
and
can
readily
be
mapped
and
where
the
mosquitoes
are concentrated
in
a relatively
immobile and
and
innocuous
life
stage.
A
tiny
pond
a
hundred
square
meters
in
area
can
contain
several
million mosquito
larvae.
Yet
after
emergence
from
the
pupal
stage,
the
winged
biting adults
can colonize
an area
of several
square
miles.
The
same
can
be
said
of
the
larvae
of
Ae.
albopictus
breeding
in
a
few
automobile
tires
containing
rain
water.
Apart
from
source
reduction
by
drainage,
etc.:
emergence
larviciding
by
granular
or
pelletized
products
containing
very
small
amounts
of
insecticide
can
readily
be
98—388
9
accomplished
by
treating
relatively
small
areas
in an entirely safe and unobjectionable
way
using
either
the microbial
insecticides
Bacillus
thuringiensis
israelensis
(Bti)
or
Bacillus
sphaericus
(B.s.);
or
such
relatively
safe
and
effective
mosquito
larvacides
as
ternepyhos,
fenthion,
methyichiorpyrifos,
or
even kerosene. (Exh.
15)
He also cautioned against the use of ground fogs
(adulticiding) stating that they are inefficient,
have toxicity
hazards,
invade privacy, damage natural
insect enemies,
and
lead
to pesticide resistance
in mosquitoes.
He pointed out that
“more
than 200 species of mosquitoes have developed resistant strains
to
the entire armamentarium of
insecticides available.”
(Exh.
15).
The scientific panel
agreed that habitat source reduction,
particularly by removing
tires,
is
the desirable way
to approach
control
of this insect.
Dr.
Novak presented data on the positive
effectiveness
of
the granular formulations mentioned by Dr.
Metcalf
(Exh.
16A).
Dr. Turnock stated:
Any
adult
control
(fogging)
should
be
directed towards adult
tiger mosquitoes
at or
near
sources
of
production,
usually
tire
accumulations.
A
general
fogging
of
a
community
to
control day—biting
species
such
as
the
tiger
mosquito
or
the
tree—hole
mosquito
is unlikely to be effective.
(Exh.
2lA)
The presence of
the Tiger Mosquito
in three counties
provides the State with
the opportunity
to slow or stop its
spread.
Eradication would be desirable,
but
is unlikely.
Given
this insect’s ability
to spread disease and
its annoying bite,
it
is
in
the public
interest to take steps
to control
its spread.
This
is particularly true
if
the mosquito proves capable of
transmitting LAC
in the field.
The virus
is largely
in rural and
suburban areas.
The mosquito
is currently
in isolated urban
areas.
To allow the mosquito and the virus
to come together due
to
inaction
is
ill advised
at
best.
The Board believes
that slowing or halting the spread of
the
Tiger Mosquito will protect many Illinois communities
from both
its annoying bite and potential health threats.
Any time bought
for
a community by this action
can be used by public officials
to
determine the true extent of the health
threat and
to prepare
appropriate control efforts.
Control
of
the Tiger Mosquito
requires
a three—phased
effort.
First,
the spread
to new areas must
be stopped.
Second,
new infestations must
be attacked.
Third,
breeding habitat
in
infested areas must be reduced.
As of June
of 1987 CDC
recommended
the following:
98—389
10
Preventing
introduction.
The
primary
role
of
introduction
of Ae.
albopictus
appears
to
be
through the movement of tires——within states,
between
states,
and
between
counties.
If
this
movement
of
infested
tires
can
be
halted,
the
spread
of Ae.
albopictus
can
be
stopped
or greatly reduced.
As long as
tires
are
stored
and
shipped
dry,
there will be
no
problem
with
Ae.
albopictus
or
any
other
mosquito.
Thus,
regulations
requiring proper
storage
and
shipment
should
be
prepared
and
enforced.
Tire
casings
coming
from
an
infested
area can
be
treated by heat
(dry
or
steam, 120°Ffor
30 minutes)
or
by fumigation
(methyl
bromide,
2
lb./l,000
cu.
ft.
for
24
hours).
Both methods
will kill eggs
as
long
as
the tires are dry,
but methyl bromide will
not
kill
eggs
submerged
in water
(except
at
very
high
dosages);
thus,
it
is
imperative
that
tires
be
dry
before
fumigation.
Scrap
tires,
which
have
little
or
no
commercial
value,
should
be
rendered
unsuitable
for
mosquito
breeding
by
shredding
and
burning,
burying,
or
other
environmentally
sound
means.
When
scrap
tires
are
simply
transported
out
of
the
jurisdiction
and
dumped,
an infestation
can
be spread quickly.
Control
of
existing
infestations.
The
primary method
of
control
for
Ae.
albopictus
should
be
source
reduction——that
is,
removal
of
potential
breeding
sites.
Container
habitats,
such
as
tires,
tin
cans,
etc.,
should
be
properly
disposed
of.
Breeding
sites
that
cannot
be
removed
should
be
rendered
inaccessible
to
ovipositing
mosquitoes
or
incapable
of
holding
water
(e.g.,
by
storing
under
cover,
installing
drain
holes,
etc.
).
A
strong
community
awareness
and education program
is
necessary
to
accomplish
thorough
source
reduction
and
to
maintain
community
cleanliness.
Frequently,
public
service
organizations
and
clubs
can
have
a
major
impact
on
community
awareness.
Chemical
control
(larvicides,
adulticides)
can be employed
as a supplement
to
a properly
designed
source
reduction
effort.
However,
Ae.
albopictus
has
already
been
found
to
be
tolerant
to
malathion,
temephos,
and
bendiocarb.
There
are
technical problems
in
getting
sufficient
quantities
of
larvicides
98—390
11
into
containers
such
as
tires
in piles,
and
the
cost
of
treating
scattered
container
habitats
in urban
areas
can be prohibitive.
(Exh.
5).
Tim Warren
of DENR submitted
the following information on
scrap tires
in Illinois:
The
Department
of
Energy
and
Natural
Resources,
Office
of
Solid
Waste,
is
responsible
for
minimizing
the
State’s
dependence
on
landfill
disposal
of
solid
wastes.
Scrap
passenger
and
heavy
duty
vehicles
tires
constitute
a
component
of
the
solid
waste
stream
that
is
difficult
to
manage
in an environmentally and economically
effective
manner.
This
is
because
of
the
dispersed
nature
of
tire
generation,
the
special
problems
whole
tires
create
when
landfilled,
and
the
general
lack
of
markets
for used tires.
*
*
*
Using
national
averages,
Illinois
generates
11—12
million
used
tires
annually,
the
majority
of
which
are
not
landfilled
or
recycled,
but stockpiled
in various locations
throughout
the
state.
This
is
roughly
equivalent
to
1.6
million
cubic
yards
of
tires
generated
each
year
in
the
state.
Landfill
disposal
of
tires
is
becoming
more
difficult and costly,
as diminishing landfill
capacity
allows
landfill
operators
to
be
selective
as
to
the
types
and quantities
of
materials
they
receive.
Burial
of
whole
tires
in
landfills
creates
operating
and
longterm
care
problems,
since
whole
tires
will
“float”
to
the
surface
in
a
landfill,
and
may
effect
the
integrity
of
landfill
cover
and
capping
practices.
An
informal
survey
by
this Office
in 1987 indicated
that
only
a few landfills had
a total prohibition
on
tire
disposal
at
their
facilities.
Most
have
invoked
a
premium
tipping
fee
that
is
two—to—four
times
that
charged
for
other
solid wastes.
(Exh.
26)
The Ohio Environmental Protection Agency sponsored
a study
of Used Tire Recovery and Disposal
in Ohio in 1987
(Exh.
7).
That report pointed out that used tires
are
an ever increasing
solid waste disposal problem given
that whole
tires
are
considered undesirable
by landfills and do not degrade over
time.
About
one used tire
is generated per
capita per year and
they are accumulating
at
an alarming
rate.
Abandoned tire piles
98—391
12
are
a fire hazard and tire fires
are most difficult
to combat
when tires are piled haphazardly.
The Ohio Study went
into great detail on the association of
discarded tires and mosquitoes.
It pointed out that
the Tree
Hole Mosquito’s population
in nature
is
controlled by available
habitat
(tree holes which are limited
in number).
However, tire
piles provide artificial
habitat allowing populations
to build,
increasing
the chance
of humans being
bitten.
The Tiger Mosquito
is quite similar
to
the Tree Hole Mosquito in
this
respect,
although
it
is
already adapted
to man’s artificial containers.
The Ohio Department of Health
(ODU) has documented
the direct
association
of human
cases
of LAC with Tree Hole Mosquitoes
breeding
in “indiscriminately dumped
or improperly stored scrap
tires.”
The Tiger Mosquito lays
its eggs above
the waterline
in
containers.
The eggs
hatch when the water
level rises
and wets
the eggs.
The eggs can survive more than
a year
in
a dry
container.
The result
is that shipped tires can carry viable
eggs even when shipped dry.
If tires are never
allowed
to
accumulate water,
the mosquito will not lay eggs
in them.
Likewise,
eggs
in
a tire that
is drained and
kept dry will not
hatch.
Mosquitoes
are
also
transported
in
water
filled
tires
that
contain
larvae.
During
transport,
the larvae
can continue
development
and
become adults.
When this happens,
the adults can
fly
from
trucks
along
the route.
Draining tires before shipment
kills
the
larvae and prevents the spread of adults during
transport.
ECONOMIC
IMPACT DETERMINATION
Section 27(a)
of
the Environmental Protection Act
(Act) has
recently been amended
by P.A.85—l048
to give the Board exclusive
authority
in deciding whether an Economic Impact Study
(EcIS)
should be performed for
a rulemaking.
Since that change became
effective January
1,
1989, Board 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
98—392
13
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 adopts
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
(RII 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 Roselle,
IL, testified that they sell
a granular
temephos formulation known
as Abate
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.
(Rh
at
152,
ex.
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).
No other companies engaged
in
pest control testified.
A contract for treating 65,000 tires
in
Chicago during the 1988 season had
an estimated
cost of
$5,930.70.
This
includes
14 professional inspections
to
determine
if
treatment
is
needed
and
two
treatments
with
a
granular pesticide
if appropriate.
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
98—393
14
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.
(Ril
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
pesticide 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
of
insecticide
use and between
10 and
30 percent of his total budget unit went into tire treatment.
(RII
at
143).
On the other hand,
the Macon Mosquito Abatement
District treated tires
at
a cost
of 120 man hours and $60
in
materials.
(RII
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.
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.
(Rh
at
249—270).
Oxford
estimates
that
a
30 megawatt power plant could utilize
10 million
tires
per year.
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
supplement
for use with coal.
(RIh at 256).
Tire shreds can
compete economically with $20 per ton coal at
a selling price
of
$27.30 per
ton or
legs.
(RhI at 192—197).
Other witnesses mentioned shredding costs
of one dollar per
passenger
tire
(Rh
at
95 and
112) and three dollars per truck
tire.
(RII
at
95).
One tire dealer testified that he purchased
a tire slitter
for $3,500 and
is generally satisfied with
its performance.
The
98—394
15
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”.
(Rh
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.
According
to DENR there are not enough tire processors
in
Illinois presently to process all tires generated.
(RII 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.
(RII
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
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.
Based
on the above
the Board
finds that there
is
sufficient
economic
information contained
in
this
record 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 cqmpany 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
~
the rule
is technically
98—395
16
LOCAL AUTHORITY
The adopted
rule does not prevent units
of local government
from adopting more stringent regulations.
Cities,
for example
may choose
to require management
of tire accumulations
of fewer
than 50
tires.
IDPH discussed local powers
in
the Emergency Rule
and provided the following statement which was quoted
in the R88—
12 Opinion
at
28 and 29:
With
regard
to
small
commercial
activities
and personal
activities which
result
in tire
accumulations,
the
Department
feels
that
local
health
department
and
State’s
Attorneys’
authorities
under
nuisance
statutes are adequate
to address any problems
that may be found.
*
*
*
Government
officials
are
given
the authority
under
the Public Nuisances Act
(Chap.
100 1/2
,
Sec.
221,
Para.
26)
to
cite
individuals
who
are creating a nuisance that
“is offensive
or
dangerous
to the health of individuals
or the
public.”
This approach was used
in
1986 and
1987
by
the
Franklin—Williamson
Health
Department
to
abate
a
mosquito
nuisance
created
by
improper
water
management
at
a
carbon—recovery
mine.
The
county
health
department
filed
a
nuisance
complaint
with
the
State’s
Attorney’s,
who
then
fined
the
operator
of
the
mine
$25
per
day
until
the
mosquito
nuisance
was
controlled
or
eliminated.
Ultimately,
the
owner
hired
a
mosquito
control
contractor
and drained much
of
the standing
water
at
the
mine
site.
In
addition,
under
Local
Health
Department
statutes
(Public Health and Safety,
Ill.
Rev.
Stat.
1985,
Ch.
111 1/2
,
para.
20c.0l)
and the
Standards
for
Local
Health
Departments,
local
health
departments
must
perform
inspections,
investigations,
surveillance,
and
enforcement
of
the provisions
of
the Nuisance Program as
required
by
Sec.
III.
Rule
3.92.
There
are
nuisance
statutes
that
a
local
health
department àan use
to control the breeding of
mosquitoes
in
tire
stockpiles
within
its
jurisdiction.
However,
local
officials
must
believe that this
is
a problem that
is
a high
priority.
Although
local
officials
can
control
specific
local
problems,
the massive
accumulation
of
tire casings
in Illinois
can
only be addressed by a statewide program.
98—396
17
***
In 1927,
statutes permitting the formation of
mosquito
abatement
districts
(MADs)
were
passed.
This
legislation
gives
MADs
the
authority
to:
1)
levy
property
taxes
to
support
mosquito
control;
and
2)
abate
as
nuisances
all
stagnant
pools
of
water
and
other
breeding
places
for mosquitoes,
flies,
or
other
insects
(Chap.
111
1/2
,
Sec.
7 Pare.
80).
In
the
past,
MADs
have
worked
with
local
health
departments
to
remove
breeding
sites
for
mosquitoes
by
citing
property
owners
under nuisance statutes.
It
is
important
to note
that
there
are
about
375
Public
Mosquito Pest Control Applicators
certified
by
the
Illinois
Department
of
Agriculture
who
are
not associated with MADs
of
IDPH.
These
individuals
represent
a
reserve
of
personnel
with
at
least
some
training
in mosquito
control,
who
could help
provide information
to the public.
ADOPTED PERMANENT RULE
The adopted rule
is
based on clear guidance from the CDC and
testimony
of qualified experts.
Numerous witnesses testified
for
the public, agencies and persons who sell or process
tires.
The
Opinions issued
in R88—l2
and
at First and Second Notice
in this
proceeding discuss much
of that
testimony.
The Final Rule takes
that testimony and comment
into account, although much of
it
is
not restated herein.
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.
(Ril at 155).
The Board generally ~grees with this concept.
Biological Basis
for Rule
The management standards
in the rule are based on biological
factors.
Scrap
tire movement
is the primary means by which
the
Tiger Mosquito enters
an area and spreads over wider
areas.
It
is also apparent
that this mosquito finds tires
a particularly
desirable breeding habitat and that it builds
large populations
98—397
18
in the tire piles.
From
these tire piles,
it can spread into
other containers.
(RI.
79—81;
Exh.
l4A,
p.
1;
Exh.
16A,
p.
10).
Limiting the mosquito population
in
a given area can prevent
disease outbreaks even
if the mosquito
is present
in that
area.
According
to Dr. Moore
of
the CDC,
tire removal alone might
accomplish this goal.
(RI. 59).
The Tiger Mosquito reaches adulthood from an
egg in 7—14
days, depending upon various conditions.
(RI.
15;
Exh.
9,
p.
1).
The mosquitoes can then produce
a new generation every 20
days
(Exh.
l4B—l8,
p.
42).
The eggs
can be transported
in tires
(wet or dry) and can survive freezing
to
a certain extent.
(Rh.
15; Exh.
l4B—20,
l4B—l9).
A hard winter may cut back the
population
in areas like Chicago,
allowing possible eradication.
(Rh.
280).
With some exceptions
the other Illinois mosquitoes which
develop
in tires have
a similar relationship
to tires.
The
Northern House Mosquito
is not restricted
to container habitat.
Tires, however,
bring
it into close association with humans.
The
Tree Hole Mosquito
is closely associated with tires
in much the
same way as the Tiger Mosquito.
Mosquitoes
cannot develop
in tires that are kept dry
or
converted
so as
to not hold water.
These management techniques
are the most effective.
The use
of pesticides can prevent
or
control development, but
is not
a permanent solution and may have
adverse
long term consequences such as the development
of
pesticide resistance
in mosquitoes and environmental
contamination.
Interstate and
Intrastate Transport of Scrap Tires
A regulation requiring that all used tires
in transit
within,
through
or
into Illinois be
shipped dry and covered,
and
be accompanied
by
a certificate
of
inspection would
be wholly
consistent with federal regulations, would
be well within the
State’s police power
and would
be
a valid regulation
of
interstate commerce.
The Board’s original emergency
rule proposal
required that
all scrap
tires shipped through
or within Illinois
be dry and
covered.
There
is little question that the State of
Illinois can
legally impose such
a requirement.
However,
it would be
far more
desirable for
the FDA
to impose
a
regulation with national
uniformity.
As
stated by Dr.
Craig:
My
only
regret
is
that nearly
every
state
is
enacting
similar
(but
not
identical)
rules
and
the
national picture
for
the
used
tire
industry
is chaotic.
We must all work
toward
a more uniform set
of rules nationally.
(Exh.
l4A)
98—398
19
The Board has not included this requirement
in the adopted
rule.
The management standards
for newly received tires should
address most mosquitoes imported as larvae or pupae.
Definitions.
Section
849.101.
Section
849.101
defines terms that are used in the rule.
Any term not defined by
this Section shall be given
the same
meaning
as
it
is defined
by the Act, unless
the context clearly
requires otherwise.
A scrap
tire
is
a
tire that has been removed from use
on
a
motor
vehicle and has been separated from the wheel
or
rim.
A
scrap tire
is “generated”
or becomes
a scrap
tire at the time and
place
it
is
removed from a wheel.
Scrap
tires are commonly
generated
by tire dealers, and
at gas stations and department
stores.
Tires which
are
“new”
or “reprocessed”
are exempt from the
rule.
The proposed rule defines
“new”
or reprocessed
tires,
in
part,
as tires which have not yet been placed
on
a wheel.
Once
a
“new”
or
“reprocessed”
tire has been placed
on
a wheel,
it
is no
longer
a
“new”
or “reprocessed”
tire.
It
is assumed that new and
reprocessed
tires
receive better care than scrap tires
by being
kept indoors or
at least relatively
clean.
This
is
an important
consideration since a certain amount of organic debris must be
present
in
a tire
to support mosquito development.
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 indbors.
(RIh at 220 and
233).
The term “converted
tire”
is meant to generally refer
to
tires which have been rendered incapable of holding water.
This
is most commonly done by physically altering
the tire by
shredding
or some other
means.
The rule envisions
the
continuation of tire use
in certain recreational and other
applications.
Such tires should be cut or drilled
so that water
drains from the
tire.
A
tire
is assumed
to be “fixed
in
position” by being hung from a rope or attached to
a structure so
that
it cannot
roll.
A
tire which
is
free to
rotate would need
sufficient holes so that
it will drain
regardless of
its
position.
Holes
should be large enough that they will not be
readily blocked by leaves
or
other common debris.
In
recreational applications,
tires could
be cleaned out several
times a year to prevent blockage.
Tires
used as bumpers or
cushions
for boats
and other equipment may be
cut on the side
closest
to the ground.
For the purpose
of
the rule adopted today,
the Board
is
regulating scrap
tires as
a waste.
However, other
than the
addition
of these
rules,
it
is not the Board’s
intention at this
time
to either
broaden or narrow
the current applicability of the
~
regulations promulgated thereunder,
to
tires
or scrap
98—399
20
Reporting and Recordkeeping Requirements.
Section
849.103
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.
(RIh at 230—233).
The Board agrees
with the Agency that enforcement requires that
at least some
record be kept and some information
be
reported.
The adopted
requirements are similar
to those which were adopted
in the
Emergency Rule.
The reporting requirements
are not as stringent
as
those requested by
the Agency.
The Board
intends to minimize
the reporting burden.
For
this reason,
such
items
as detailed
shipping and receiving records are not
required
in the report.
This should greatly reduce
the amount of paperwork and prevent
the need
for frequent updates of reports.
Persons who have accumulated
over
50 scrap
tires
and are
subject
to the management standards of Sections
849.104
or 105
must
report certain information about
the accumulations
to the
Agency by July 1,
1989.
This
is
true regardless
of when the
tires were accumulated.
Persons accumulating scrap
tires
after
July 1,
1989 must report within
45 days
of accumulating more than
50 tires.
The
intent of Section 849.103(e)
is
to require
regulated
persons
to maintain enough documentation
to
reasonably
demonstrate compliance.
Such information should help minimize
confusion and disputes with
inspectors.
This Section requires
that
a written copy
of
the compliance plan for scrap
tire
management be maintained.
This document
need not
be complex but
should at
a minimum specify how compliance
is
to
be achieved.
As
a practical matter documentation of
a pesticide treatment
plan could involve invoices showing
the dates
that professional
pesticide applicators treated scrap
tires
or proof
of purchase
for pesticides.
A person treating scrap tires with
a granular
pesticide as they are generated each day could specify
such
treatment in the plan and the presence
of the granules
in the
tires would demonstrate their
use without the need for
a daily
log.
Persons periodically treating large accumulations
at the
same site would be wise to keep records
of when the treatments
were applied.
There
is no need to keep records on individual
tires
as
long as tires
are segregated
into groups,
lots or
batches according
to their management status.
Persons who manage scrap tires
by having them periodically
removed should maintain copies of invoices
or hauling contracts
or disposal
fees.
Management plans
involving dry storage should
be easily verified by visual inspection.
Unlike
in the Emergency Rule,
a
tire that has
been drained
needs to
be treated
or processed within
14 days instead of
98—400
21
seven.
This will allow regulated persons more flexibility with
their
compliance plans and treatment schedules.
Management Standards for Accumulations of Scrap Tires. Section
849.104
and 105.
Sections 849.104 and 849.105 are intended
to help control
mosquitoes.
The provisions
of these sections account
for the
fact that these
insects also develop
in containers
other than
tires
and that eradication
is virtually impossible.
The First Notice proposal set ten tires
as the lowest
limit
that would
not
be regulated.
At hearing
it was well established
that the target mosquitoes will lay eggs
in only one tire
(Rh
at
11,
76,
and
244) but that new infestations of the Tiger Mosquito
tend
to be found
in larger accumulations.
(RII
77).
Many
witnesses considered
the ten tire limit
to be impractical
in
terms
of available resources.
The Agency and IDPH both favor
a
50 tire cutoff
(RII
at
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
notes
that local authorities remain free
to regulate smaller
accumulations.
Likewise, consistent with the Emergency Rule,
the Board will
accept
the Agency recommendation
(Rh
at
167)
that the rule only
apply to accumulations of tires at commercial
or business
facilities or those generated by
a person’s commercial or
business activities.
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
spread.
The Board will also continue
to exempt scrap tires
generated
on
a
farm
or
livestock
operation,
given
that
these
operations are
not likely
to regularly transport
or receive tires
from other
areas.
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.
For example,
a farmer who receives and
accumulates
tires from
a dealer,
must cc~iywith
the rules.
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.
(RII at
104).
The Board
believes these concetns are not unique
to Chicago.
The proposed
rule expressly exempts units
of State and local government from
the formal
rule.
It
is expected that they,
like Chicago, will
address non—commercial scrap tire accumulations within
their
jurisdictions on their
own.
The adopted
rule applies
to all accumulations
in excess
of
50
tires at commercial
facilities.
This
includes facilities and
98—401
22
sites which
receive scrap tires
for disposal, storage or
processing and those which use scrap
tires
for such purposes
as
bumpers and weights.
Unlike
in the Emergency Rule 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.
(RII
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.
(RII
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.
(RII at 220—223).
Dr. Novak of
the Illinois Natural
History Survey presented temperature data
supporting
moving
the
time forward
(RII
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
rule will not take effect until June
1,
1989,
so this year’s
starting date for
the implementation of management standards will
be two months later than that
of following years.
The Rule provides
a
range
of management options.
They are
intended
to take into account widely varying circumstances.
A
small operation may decide
to drain
tires
initially and then
process them within two weeks,
thereby avoiding dry storage and
treatment.
Others may find
it appropriate
to immediately
treat
wet or dry tires with
an approved pesticide.
The two week minimum timeframes will,
under certain
conditions allow mosquitoes
to fully develop.
The scrap
tires
generally covered by this provision will
be
newly generated or
recently moved to
a processor
or disposal point.
They are likely
to
be fairly clean and are required
to
be drained
or treated
initially.
In order
for mosquitoes
to develop,
tires must
contain eggs,
receive
rain,
contain organic matter and be
subjected to favorable conditions.
After the
two weeks they are
required
to be processed or
treated
as often as necessary
to
prevent development.
The Board expects these controls
to
be
adequate, although
ncit
as complete
as those
of the Emergency
Rule.
The
intent
of the rule
is
to address aquatic mosquito
stages,
the larvae and pupae.
Adults which
come to tire piles
from adjacent areas may lay eggs,
but
it
is assumed that tire
management will prevent
the development
of significant numbers of
new adult mosquitoes.
98—402
23
The rule does not envision adulticiding being required as
part of
a management
plan.
This
does not mean that it may not
be
required by another authority.
The Board agrees with the Scientific Panel
that
the most
effective method of controlling mosquitoes
in scrap
tires
is
to
destroy
or alter tires
so they are incapable of holding water.
Dry storage
is the best method
to use prior
to destruction.
These methods are 100 percent effective and eliminate the need
for continual draining or treatment with pesticides.
Pesticide
treatment
is permitted under the
rule.
Even though
it
is less
desireable than the above—mentioned methods,
it will meet the
needs of some tire accumulators.
As pointed out
by the
Scientific Panel, Sierra Club (RII
at
62), IDPH
(Ril at
244) and
Agency
(Motion for Reconsideration); pesticides have a number
of
drawbacks.
These
include the development
of resistance
to the
pesticides
by mosquitoes,
possible contamination of soil and
water,
and lack of complete control.
Draining can be accomplished
by dipping the water
out, using
a suction device,
such as
a large shopvac,
or physically cutting
or shredding the tires.
The Board notes
that the draining
requirement
is automatically accomplished
if
a scrap tire
is
landfilled or otherwise converted on the day of receipt.
As
a
practical matter,
it will
be virtually impossible
to drain
a tire
to the point where
it contains
no moisture.
The Board expects
that
a
“drained”
tire may contain up to one—fourth
inch of water
when stood vertically.
The Board notes
that longitudinally
“slit” tires may still hold water
if they are not properly
stacked.
(RI.
185; Exh.
26,
p.
2).
It
is assumed
that
to be
in
compliance,
slit
tires must be stacked
so as not to hold water.
Slit tires may also prove acceptable
for
some uses now made of
whole tires
such as weights and barriers.
Salvage yards may
choose
to meet 849.104(a)
by keeping tires mounted prior
to
disposal
or processing.
Operations may substitute
a pesticide
treatment program for
dry storage.
Treatment for
the prevention of mosquito larval
and
pupal development may include
the use of
a number
of
pesticides.
The pestcides must be properly applied and caution
should be used
to avoid
those
to which
the target mosquitoes have
developed
a high degree of resistance.
Treatment must occur
often enough to remain effective.
The selected pesticide or
toxicant must also
be able to penetrate
the tire piles
and reach
the insides of stored scrap tires.
Recent amendments
to the Illinois Pesticide Act will make
it
relatively easy for
individuals
to treat
small tire
accumulations.
Uncertified persons may now apply selected
pesticides
to scrap
tires.
The Interagency Committee on the Use
of Pesticides may now specify appropriate pesticides or toxicants
for use
in scrap
tires.
Anyone may then
use these compounds on
scrap tires.
To date,
temephos and B.t.i.
have been approved.
98—403
24
If
a granular formulation such as B.t.i.
(discussed below)
is
used,
a person with
a small
tire dealership
or processing
facility could
treat tires each day with minimal inconvenience or
expense.
Most pesticides, however, must still
be
applied by a
certified pesticide applicator.
IDPH and IDA have information
for certification, which may be obtained
by employees
of
a
business.
Information
on becoming
a certified pesticide
applicator
is available from the Illinois Department
of Public
Health,
Division ofEnvironmental Health
in Springfield.
IDPH
also has available
a booklet called,
“Mosquitoes
in Illinois:
Recommendations
for Pr~ventionand Control”.
(Exh.
2lD).
A variety
of pesticides
are available
for mosquito
control.
Some
are persistent
(effective)
for over 120 days when
applied
to tires.
Some are
in granular form and
can be either
placed into or onto tires with
a gloved hand
or small implement
or blown
into tires with
a backpack blower.
In Puerto Rico,
a
granular formulation
of temephos gave continuous larval control
in used automobile tires
for up
to 164 days depending upon
the
amount
used.
(Exh.
l6B—4).
A given tire
on
a tire pile need not
be treated again until an infestation
is
noticed
or
the pesticide
is reaching the end
of its effective
life, whichever occurs
first.
It
is likely that two treatments with the right agent
will suffice
at
a given pile during
a season provided
that the
pesticide reaches most tires
in a pile.
The INHS has experimented with pesticide treatment on
stacked tires.
(Exh.
l6B—3).
Researchers discovered that corncob
granules effectively penetrate random,
shingle and column
stacks.
Persons
faced with
a large
tire accumulation may find
it
feasible
to have the pile treated
in this manner with a
long—
lived pesticide such as temephos
or
one
of the other approved.
chemicals.
Persons with short—term requirements
or
in need
of
frequent applications or extra safety could
use
a bacterial
pesticide such as B.t.i.
Section 849.105
is
designed
to give persons the ability
to
devise their own mosquito management plans.
This Section
recognizes
that some persons may have unique situations
or
circumstances that are not readily or efficiently handled
by the
general provisions.
This Section does not allow
for one
to
utilize this provision in order
to be subject
to less stringent
management requirements.
On the contrary,
the Department of
Public Health must expressly determine
that the proposed
alternative program
Is expected
to deliver results that are
substantially equivalent
to results which would be realized
if
the person complied with Section 849.104.
Once IDPH approves
a
program and
it
is filed with the Agency,
the alternative program
is considered accepted and acceptable.
If
a program does not
meet with IDPH approval,
it will not be considered complete by
the Agency.
This Section
is specifically available
to handle
~jtuatioos.such a~that of 1~akinGeneral Corp. which was
discussed
in detail
at hearing
(RI.
198—219).
98—4 04
25
This section also provides for several persons with
tires to
file
a joint alternate management plan.
For example,
a city or
mosquito abatement district may have
an ongoing program of
regular
inspection with treatment as
necessary for
tires within
its jurisdiction.
A
tire dealer
in such an area would be
in
compliance
if the operation was covered by an approved plan on
file with
the Agency.
Similarly several persons may develop a
plan to combine resources
to manage their
respective
accumulations.
Each individual person whose accumulation
is
included
in program must
be listed,
but need not file an
individual plan.
CONCLUSION
Based
on the information contained
in this record,
the Board
concludes
that the management of
scrap tires
for the control of
mosquitoes
is technically feasible and economically reasonable.
98—405
26
ORDER
The Board hereby adopts as
final the following rule to be
published in the Illinois Register and filed with
the Secretary
of State.
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
in:
MANAGEMENT OF SCRAP TIRES
PART
849
MANAGEMENT OF SCRAP TIRES
Section
849.101
Definitions
849.102
Severability
849.103
Reporting and Record Keeping
849.104
Management Standards for Accumulations
of Scrap Tires
849.105
Alternate Management Programs For Accumulations of Scrap
Tires
849.106
Pesticide Application
Authority:
Implementing Section 22 and authorized by Section 27
of
the Environmental Protection Act
(Ill.
Rev.
Stat.
1985,
ch.
1111/2,
pars.
1022 and
l027)(hll.
Rev. Stat.
1987, ch.lll~ par.
1001
et seq.).
(Source: Emergency rules adopted
in R88—12
at
12 Ill.
Reg.
8485
,
effective May
1,
1988,
for
a maximum of 150 days;
emergency
expired September 28,
1988; adopted
in R88—24 at
13 Ill.
Reg.
,
effective
June
1,
1989.)
NOTE:
Capitalization denotes statutory language.
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
(Act).
(Ill.
Rev.
State.
1987,
ch.
llll,~, par.
1001 et seq.
).
“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,
cement
or other material
to prevent
accumulation of water.
“Conversion” or
“converting” means
an
action which produces
a converted tire.
98—406
27
“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, STATE AGENCY, OR ANY OTHER LEGAL ENTITY,
OR
THEIR LEGAL REPRESENTATIVE, AGENT OR ASSIGNS.
(Section 3.26
of the Act.)
“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.
‘1Scrap 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 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 of
this Part only,
a scrap
tire 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 a motor vehicle.
Section 849.102
Severability
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 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:
98—407
28
1)
The legal name and post office
address
of the
person making the report;
2)
The legal
name and post office address
of the owner
of
the site or facility and
of
the operator
of
the
site or facility
if
the operator
is
a person other
than the owner;
3)
The location
of 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 annually;
6)
What use or disposition
a person makes
or plans
to
make of
the scrap tires; and
7)
The manner
in which the accumulation
is stored
prior
to such use or disposition.
8)
The location at which
the written compliance plan
and documentation required by Section 849.103(e)
are maintained and available for
inspection by the
Agency.
d)
Reports required by this Section shall be sent
to:
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 and maintain
a written
compliance plan
to achieve compliance with those
Sections
for managing scrap
tires
to control larval and
pupal 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;
98—408
29
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.
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.
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
(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 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
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; ~r
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
98—409
30
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
Accumulations
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 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
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:
Division
of Environmental Health
Office of Health Protection
Illinois Department of Public Health
525 W. Jefferson Street
Springfield,
IL
62761
Section 849.106
Pesticide Application
Persons applying pesticides
to scrap tires must comply with the
requirements
of the Illinois Pesticide Act
(Ill. Rev.
Stat.
1987,
ch.
5,
par.
801
et sE~q.).
Information
is available from:
98—410
31
Illinois Department of Agriculture
Bureau of ~lant
& Apiary Protection
State Fairgrounds
P.O.
Box 19281
Springfield,
IL 62794—9281
IT
IS SO ORDERED.
h, Dorothy
M. Gunn, Clerk
of the Illinois Pollution Control
Board,
hereby certify that the above Opini~iand Order was
adopted on the
__________________
day
of
C-~7-L~_~C
,
1989
by a vote
of
_____________________.
~
~L-~
Dorothy
M.
Q~inn, Cler~k
Illinois
Pd-l’lution Control Board
98—411
