ILLINOIS POLLUTION CONTROL BOARD
February 23, 1989
IN THE MATTER OF:
)
MANAGING SCRAP TIRE ACCUMULATIONS
)
FOR THE CONTROL OF MOSQUITOES.
)
R88-24
PART
849
PROPOSED RULE.
SECOND NOTICE.
PROPOSED OPINION AND ORDER OF THE BOARD
(by
3.
Marlin):
On September
22,
1988,
the Board proposed
a rule
for First
Notice
in this matter.
That proposal was published
in the
Illinois Register on October
7,
1988.
12
Ill.
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.
The Department of Commerce and
Community Affairs
(DCCA)
filed comments on January 19,
1989.
Those comments are accepted.
This Opinion will
include the Board’s
Economic Impact Study
(EcIS) determination and discuss changes made
to the version of
the rule which was proposed for First Notice.
References
to the
emergency rule transcript
(Exh.
32) will
be
in the
form of
RI
_____.
References to the Emergency Rule Final Opinion will
be
in the form of 0
_____.
References
to the transcript
in this
proceeding
are
in the form of
Ru
______.
Most material
in the
First Notice Proposed Opinion is not repeated here.
A
comprehensive Opinion will
accompany the
Final Order.
The Board adopted
a Second Notice Proposed Opinion and Order
in this matter on February
2,
1989.
On February
7 the Illinois
Environmental
Protection Agency
(Agency)
filed
a Motion
for
Reconsideration
in
this
matter.
On
February
8,
an
amended
Motion
for
Reconsideration
was
filed.
On
the
same
date
the
Illinois
Department
of Agriculture
(IDA)
made
a filing which the Board
will construe as a Motion
for Reconsideration.
On
February
9,
1989 the Board issued
an Order which stated that
it would accept
additional
comments
from
any
person
if
such
comments
were
filed
on or before February 21
1989.
IDA filed
an additional
comment
on February
22
(P.C.
#11).
Those comments are accepted.
On
February
21, the Illinois State Tire Dealers and Retreaders
Association
(Dealers)
filed
a response
to the Agency motion as
did
the Auto and Truck Recyclers of Illinois (Recyclers).
The
City of Chicago, Department of
Streets
and Sanitation (Chicago),
also filed
a comment
(P.C.
#10).
The Board accepts the Motions
and filings
and on its own Motion will reconsider.
96—483
2
The
Agency
Motion
asked
that
the
rule
be
altered
to
make
clear that the scrap tire management plans
be
in writing
and
maintained
for inspection with other required documentation and
that the name of the owner or operator of a site be included with
reports.
The Board views these changes as minor
and agrees that
they
will
have
the
benefit
of
preventing
confusion
on
the
part
of
regulated persons and inspectors.
Requirements such as these
were discussed at hearing.
(Ril at 185 and 230
to 235).
The Agency also requested
that the term “scrap tire”
be
changed
to “waste tire” and that such tires be defined as
a
“waste”.
According
to
the Agency, “the change will emphasize
that
scrap
tires
are
waste.”
The Recyclers and Dealers strongly oppose changing
the term
“scrap”
to “waste.”
The Recyclers state that
they:
...Strongly
support
efforts
to
establish
a
viable tire recycling program
in Illinois.
We
oppose the IEPA’s recommendation
that the term
“scrap
tire”
be
changed
to
“waste
tire”
for
the following
reasons:
1.
The
term
“scrap
tire”
is
already
well established within the auto
and
tire industry;
2.
The
term
“waste
tire”
infers
the
tire
has
no
commercial
value
for
recycling
and
could
possibly
encourage more landfilling of tires;
3.
The
term
“waste
tire”
would
create
confusion, not only
for the industry
but
for
EPA.
Look
at
the
current
confusion
over
the term “waste oil”;
and
4.
Changing
“scrap
tire”
to
“waste
tire”
would
be
considered
a
dis-
incentive
for
the
private
sector’s
involvement
in tire recycling.
The
Dealers
responded
as
follows:
The
Illinois
Tire
Dealers
&
Retreaders
Association
recommends
against
identifyinq
scrap tires as “waste.”
The
association
makes
this
recommendation
because
of
the
unique
nature
of
scrap
tires
which
distinguishes
them
from
“waste”:
96—484
3
Twenty
to
30
percent
of
truck
tires
removed
from
vehicles
are
repairable
or
retread
able.
Fifty
percent
of
scrap
passenger
tires
are good
enough
to
be sold as used
tires
or retreaded tires.
Those
truck
and
passenger
tires
not
good
enough
for
one
of
those
two
uses
have
other
characteristics
which
distinguish
them
from
“waste”:
Eighty
to
90
percent
of
the
Weight
and
volume
of
a
tire
remain
when
the
tire
is
demourited and thus becomes “scrap.”
The
scrap
tire
has
components
which
can
be
converted into marketable products:
1.
Crude
oil.
The
average
tire
contains 2.5 gallons of crude oil;
2.
The
steel
in
a
scrap
tire
is
a
marketable
commodity;
3.
Carbon
black
can
be
generated
from
scrap
tires;
4.
Scrap
tires
are
a
source
for
crumb
rubber
which
can
be
used
in
rubberized asphalt;
5.
The
rubber
in
scrap
tires
can
be
reclaimed
and sold;
6.
Scrap
tires
can
be
converted
into
chips
which
can
be
co—fired
with
coal;
7.
Scrap
tires
are
a
source
for
granulated
rubber
which
can
be
fabricated
into playground products;
and
8.
Scrap tires provide tire parts
which
qan
be
incorporated
into
floor
tiles, dock bumpers, and so on.
Each
of
these
uses
becomes
more
or
less
viable
as
the
economy,
technology
and
markets
change
for time
to
time.
96—485
4
Retreaded
tires,
and
particularly
retreaded
truck
tires,
are
fed
into
a market
which
is
less
affected
by
these
factors.
Summation:
Scrap
tires
have
unique
characteristics
and
uses which
set them
apart
from
“waste.”
Including
tires
in
federal
or
state
definitions
of
“waste”
may
make
them
subject
to
laws
and
regulations
which
were
composed
and
put
in
place
before
the
possibilities
of
scrap
tire
recycling
were
as
evident
as
they
are today.
We
urge
the
Board
to
consider
scrap tires
as
unique
products
which
will
become
the
raw
materials
for
a
major
new Illinois industry.
This
issue
was
discussed
at
hearing.
(RII
at
164
and
184).
The
Board
believes
that
the
record
in
this
proceeding
does
not support
a redefinition of the
key term “scrap tire.”
The
term “scrap tire” was chosen
in recognition of the fact that all
“scrap tires”
are not
in fact discarded materials (e.g.
a tire
removed
from
a wheel
for the purpose of recapping).
For the
purposes of this rulemaking
it was not necessary
to craft rules
specifying when
a “scrap tire” has
in fact been discarded,
and
no
comment was
solicited or received on this specific issue.
Generally branding
all scrap tires as wastes for all regulatory
purposes in this proceeding
could
cause considerable regulatory
confusion and could
serve
to invoke operation of other
regulations which may be destructive
to the goals of this
rulemaking.
The Board will accordingly retain
usage of the
term “scrap
tire”
in this proceeding,
and will defer definition of the term
“waste tire” until
a later
appropriate proceeding.
The Agency1s request
that reports contain “the location or
locations where waste tires are
shipped
to or
received
from” will
similarly be denied.
Such reporting would be burdensome
and can
be more appropriately dealt with
in
a future proceeding
on the
solid waste aspects of tire management.
The Agency expressed concern about portions of the proposed
rule relating
to pesticides.
The Agency believes that only
pesticides approved by the Inter—Agency Committee on Pesticides
(Committee)
under Section 811.1(7)
of the
Illinois Pesticide Act
(Pesticide Act)
as amended
by P.A.
85—1327 should
be applied
to
scrap tires.
It fears that the proposed rule would allow other
pesticides to be used under
Section 849 106(a).
The Agency fears
that the use of the pesticides may lead
to the creation of
remed ial problems.
96—486
5
Persons applying pesticides must comply with the Pesticide
Act.
A plain reading of the Pesticide Act as amended provides no
basis
for
asserting
that
only
Committee
approved
pesticides
may
be
used
on
scrap
tires.
The
amendment
only
restricts
the
types
of pesticides that may be used by uncertified applicators
treating scrap tires.
Certified applicators,
for example, will
be able
to use
a variety of compounds.
Exhibit
2lD lists three
pages of pesticides that are suitable for control of mosquitoes
under varying conditions.
To interpret the law otherwise would
seriously limit the options available
for
scrap tire treatment.
IDA
certified
applicators
are
presumed
to
be
knowledgeable
enough
to
use
pesticides
in
a
safe
manner.
IDA
believes
that
the requirements of Section
849.106(a)
and
(b)
as
proposed
on
May
2
are
conflicting
arid
requests
that
the
Section
be
deleted
or
modified
to
“state
that
any
person
applying
pesticides
to scrap tires shall meet the requirements of the
Illinois Pesticide Act”.
Alternatively, IDA suggests that the
Section read:
Any person applying pesticides
to
scrap
tires
should
contact
the
Illinois
Department
of
Agriculture
for
licensing
requirements
under
the
Illinois
Pesticide
Act
(Illinois
Revised
Statutes, Chapter
5, paragraph 801 et.
seq.)
The Board has modified Section 849.106
to provide only a
general requirement that persons applying pesticides must comply
with the requirements of the Illinois Pesticide Act.
IDA also objects to Section 849.103(e) (2)
and
(3) which
provide that a person may maintain invoices
for pesticides
purchased or
the
use of
a professional pesticide service and
the
dates of treatment.
IDA states:
Section 849.103,
Reporting
and
Recordkeeping,
subsection
(e)
should
be
amended
by
deleting
numbers
2
and
3.
The
Illinois
General
Assembly
through
the
Illinois
Pesticide
Act
has
invested
the
Department
of
Agriculture
with
the
authority
to
require
records
for
any
pesticide use.
The Department intends to keep
this authority.
The
Pollution
Control
Board
should
not
give
such
authority
to
the
Illinois
Environmental
Protection
Agency
through
a
rule.
As
an
agency,
we
are
opposed
to
recordkeeping
of
general
use
pesticides.
We
also
oppose
requiring
recordkeeping
of
persons
exempted
through the Act.
96—487
6
The proposed rule does not require that pesticide records be
kept or delegate any IDA authority to the Agency.
A person may
keep such records as part of the requirement that he be able to
demonstrate that the written compliance plan is being
implemented.
As
a practical matter, pesticide purchase and use
records may be
useful
in demonstrating compliance with the
rule.
Maintaining records would seem
to be a simple and
efficient means of helping document compliance, but persons are
free
to
use
alternate
methods.
The
Board
does
not
see how this
conflicts
with
the
intent
of
the Pesticide Act.
The maintenance
of
these
records
to
help
document compliance has nothing
to do
with pesticide regulation.
The Board declines to change this
Section.
IDA also suggests that
it should
review alternate management
programs under
Section 849.105
if the program is
to use
pesticides other
than those already prescribed
in the rules.
Although the rule prescribes no specific pesticides,
it
is
assumed
that IDA means those approved
by the Committee.
The Illinois Department of Public Health
(IDPH)
was listed
as the agency to review alternate programs
to determine if they
are adequate for control.
The record
indicates that IDPH has
expertise
in this area.
In
fact,
IDPH develops the examination
and training
for certification of pesticide applicators
for
mosquito control
(Exh.
2lD at 11).
The Board sees no reason to
further complicate the process by requiring
that regulated
persons interact with another agency.
IDA will
remain free to
consult with IDPH regarding appropriate pesticides which
IDPH
could
in
turn require.
In its comment, the City stated:
We
appreciate
the
Illinois
Pollution Control
Board’
S
intent
to
exclude
the
City
of
Chicago,
as
a
municipal
corporation,
from
the
rules
covering
the
management
of
scrap
tire
accumulation.
Nonetheless,
it
is
the
City’s
full
intent
to
ensure
that
tires
stored
by
the
City
of
Chicago
prior
to
or
for
the purpose
of
disposal
shall
be
adequately
treated
to
avoid
incidents
of
mosquito
infestation.
The
City
of
Chicago
has
been
and
will
be
directly
involved
in
the
disposal
of
scrap
tires
which
have
been
illegally
dumped
on
City
right-of—way,
other
City
property,
and,
in
some
cases,
private
property.
These
activities
may
include
shredding,
transportation,
and/or
final disposal
of scrap
tires
by
the
City,
itself,
or
by
its
agents.
We
believe
it
is
in
the
public
interest
for
the
City
to
safely dispose
of
accumulating,
illegally disposed of scrap tires
to alleviate
96—488
7
a
public
health,
safety,
and
aesthetic
problem.
Chicago
wants
the
following
language
added
to
Section
849.104(a):
(a)
This
Section
does,
likewise,
not
apply
to
municipalities
or
other
units
of
local
or
state government
engaged
in
the
removal,
transport,
shredding,
or
disposal
of
scrap
tires
that
have
been
illegally
dumped
or
disposed
of
on
public
or
private
property,
or
in other
activities
necessary
to
the
conduct
of
local
or
state government.
The
rule is not intended
to apply to municipalities.
Language
to make this clearer
has been
added.
The recommended changes accepted by the Board are minor
and
in the nature of clarifications that should prevent confusion.
Given this,
and the need
to move rapidly to Second Notice
if the
rule
is
to be
in
force during the 1989 mosquito—breeding
season,
the Board
finds it necessary to act on the motions today.
For
simplicity,
the Board hereby vacates its Proposed Opinion and
Order
of February 2,
1989.
Today’s Proposed Opinion and Order
will be the only relevant document concerning
the Board’s
Second
Notice proposal.
Pursuant
to Board Resolution 89—1 the Hearing Officer
issued
an Order on January
11,
1989,
which stated that the
Board would
accept comments as to whether
an Economic
Impact Study (EcIS)
should be performed
for this rulemaking.
Comments concerning
the
EcIS
issue were due by February 1,
1989.
The Board
received one
such
comment
(P.C.
#8)
from
Midwest
Rubber
Reclaiming
Division
(Midwest)
.
Midwest
points
out
the
difficulty
of
processing
the
11—12 million scrap tires generated
in Illinois annually or
treating them with pesticides.
It has an inventory of about
200,000 tires
stored outdoors on 20—25
acres.
The facility has
the capacity to process 2.5 million tires per year.
Midwest
asserts that processing tires
is
a permanent solution while
treating
the piles
is
a never ending liability.
It
raises the
question as
to whether
it is economically feasible
to treat all
tire accumulations in Illinois, and
at what cost.
Economic Impact Determination
Section
27(a)
df the Environmental Protection Act
(Act)
has
recently been amended by P.A.85—l048
to give the Board exclusive
authority in deciding whether an
EcIS should
be performed
for
a
rulemaking.
Since that change became effective January
1,
1989,
Resolution 89—1 sets
forth the procedure that the Board
will
utilize
for rulemakings
which were filed
prior
to 1989 and
for
which an EcIS determination had
not been made by the Department
96—48 9
8
of Energy and Natural
Resources.
In part, the amendments to the
Act provide:
T)he
Board
shall
determine
whether
an
economic
impact
study
should
be
conducted.
The
Board
shall
reach
its
decision
based
on
its
assessment
of
the
potential
economic
impact
of
the
rule,
the
potential
for
consideration
of
the
economic
impact
absent
such
a
study,
the
extent,
if
any,
to
which
the
Board
is
free
under
the
statute
authorizing
the rule
to modify
the substance
of
the
rule
based
upon
the
conclusions
of
such
a
study,
and
any
other
considerations
the
Board
deems
appropriate.
The
Board
may,
in
addition,
identify
specific
issues
to
be
addressed
in
the
study.
Section
27(a)
of the Act.
(as amended by
P.A.85—1048)
It
is upon these criteria that the Board must make
its EcIS
determination
in this matter.
The rule the Board proposes today requires that scrap tires
be kept dry, be converted
so as not
to hold water or be treated
with a pesticide during the mosquito breeding season.
These
requirements apply to commercial establishments which have
accumulations of more
than 50
scrap tires.
This 50 tire
limitation greatly reduces the universe of
facilities which must
manage scrap tires.
For example, while most tire dealers will
fall under
the regulation, most gas stations which
sell tires
will
not CR11 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
ternephos 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.
CR11 at 152,
ex.
41).
Depending
upon a
variety of conditions
the pesticide remains effective
for
30 to
150 days.
Clarke a1~oprovided 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
96-49fl
9
and $986.78 for BTi.
(Exh.
41).
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
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.
(RII 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.
(Ru
at 143).
On the other hand,
the Macon Mosquito
Abatement
District treated
tires at
a cost of 120
man
hours
and
$60
in
materials.
(Ril 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.
(Ru
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
96—49 1
10
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.
(Rh
at
256).
Tire
shreds
can
compete economically with $20 per ton coal
at a selling price of
$27.30 per
ton or less.
CR11 at
192—197).
Other
witnesses mentioned shredding costs of one dollar per
passenger tire
(Ru
at 95 and 112)
and three dollars per truck
tire.
(Rh
at 95).
One tire dealer testified that he purchased
a tire slitter
for $3,500
and is generally satisfied
with its performance.
The
machine slices tires longitudinally so that they take
up far less
space and can be stacked
so as
to shed
water.
He
termed the
slitter
a “moderate cost”.
(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.
(Ru
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 tireh, hut
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
96—492
11
treated with relatively safe pesticides at less than five cents
each and passenger tires can be permanently shredded at
a cost of
a dollar
or less.
The pesticide is readily available from at
least one Illinois company and some shredding and processing
capacity exists.
This can be expected
to increase
as pressure
mounts
to properly dispose of tires.
These costs are not
excessive, particularly when compared
to the cost of a new
tire.
Any facility with a special situation can apply
for an
alternate management program under Section 849.105,
a variance,
an
adjusted
standard,
or
a
site—specific rule change.
Given this
situation
the
Board
finds
that
an
EcIS
is
not
necessary
in
this
matter,
and the Board also finds that the rule
is technically
feasible and economically reasonable.
DISCUSSION
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.
(Ru
at 155).
The Board generally agrees with this concept.
50 Tire Cutoff
The draft 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 (RII 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 (RH
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.
Commercial Facilities
Likewise, consistent with the Emergency Rule, the Board will
accept
the Agency recommendation
(Ru
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 they are
96—493
12
not likely to be regularly transported.
Scrap tire accumulations
on agricultural land which are not the result of personal,
agricultural, horticultural, or livestock raising activities are
not exempt from the rule.
The scope of the regulation may be
expanded
in later proceedings.
This is consistent with phasing
in tire regulations.
The City of Chicago
in particular asked for
more time to comply.
It explained its tire control program and
the problems encountered with fly dumping.
(Rh
at
104).
The
Board
believes these concerns are not unique
to Chicago.
The
proposed rule expressly exempts
units of State and local
government.
Again,
the
scope of the rule may be broadened
if
necessary in further proceedings.
No Grandfather Clause
The proposed
rule applies to all accumulations in excess of
50 tires
at commercial facilities.
This includes facilities and
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, Section
849.104(g)
places all
scrap tires at a
facility under
the rule,
regardless
of
when
they
were
accumulated.
Management
Required
~pf~il
1
Through
November
1
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.
(Ru
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.
(Rh
at
13,42,72,
and
220).
Dr.
Brown
of
the
Macon
Mosquito
Abatement
District
recommended
March
15
as
a
starting
date
based
on
observations
that Tiger Mosquito larvae have been found
in Evansville,
Indiana
as early as March.
He also said that Tree Hole Mosquito larvae
have been found
in Decatur
as early as the first week of May and
Northern
House
Mosquito
larvae
as
early as the first week of
April.
(Rh
at
220—223).
Dr.
Novak
of
the
Illinois
Natural
History
Survey
presented
temperature
data
supporting
moving
the
time
forward
(Ril
at
42)
and
Dr.
Haramis
of
Illinois
Department
of
Public
Health
favored
the
April
1
date.
Based
on
this
testimony the Board will set the date
at April
1.
However, the
proposed rule will not take effect until
May
1,
1989,
so
this
year’s
starting date
for the implementation of management
standards will
be one month later
than that of following years.
Reporting and Documentation Requirements
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
96—494
13
little
burden
as
possible.
(Rh
230—233).
The
Board
agrees
with
the
Agency
that
enforcement
requires
that
at
least
some
record
be
kept and
some information be reported.
These proposed
requirements are similar
to those which were adopted
in the
Emergency Rule.
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 details 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.
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
or
lots
according
to
their
treatment
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
seven.
This
will
allow
regulated
persons
more
flexibility with
their compliance plans
and
treatment
schedules.
Other Matters
The
tire dealers suggested that reprocessed
tires be treated
as
new
tires
for
purposes
of
this
rule.
Such
tires
are
excluded
from the definition of scrap tires unless they are commingled
with scrap tires.
¶testimony indicated that reprocessed
tires are
readily distinguishable
from
scrap tires
in that they are in
general “clean”, often have
a label
and are dyed
or painted.
They are generally well cared
for and stored
indoors.
(RhI at
220 and 233).
96—49 5
14
In
addition
to
the
above—described
changes,
some
definitions
have
been
refined
in
the
interest
of
clarity,
particularly
that
of
“converted
tire.”
The
presence
of
mosquito
larvae
in
tires
does
not
of
itself
constitute
a violation of the regulation.
It
is expected that
some mosquitoes will develop, especially with plans involving
pesticides.
ORDER
The Board hereby vacates its Proposed
Opinion and Order of
February
2,
1989
in
this
matter.
The Board hereby proposes for Second Notice the following
rule
to
be
filed
with
the
Joint
Committee
on
Administrative
Ru 1 e
S.
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
Section
849.101
Definitions
849.102
Severability
849.103
Reporting
and Recordkeeping
849.104
Management Standards
for the 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
t1he Environmental Protection Act
(Ill.
Rev.
Stat.
1985,
ch.
111
/2
,
pars.
1022 and 1027)
(Source: Emergency rules adopted
in R88—l2 at 12 Ill.
Reg.
,
effective May
1,
1988,
for
a maximum of 150 days,
which
is
September
28,
1988;
adopted
in R88—24 at 13
Ill. Reg.
effective
May
1,
1989.)
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.
96—496
15
“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.
“Generation”
means
the
creation
of
a
scrap
tire
by
removal
of
a
tire
from
a
wheel
(rim).
“New
Tire”
means
a
tire
which
has
never
been
placed
on
a
motor vehicle wheel
(rim)
for
use.
“PERSON”
IS ANY INDIVIDUAL,
PARTNERSHIP, CO—PARTNERSHIP,
FIRM,
COMPANY, CORPORATION, ASSOCIATION,
JOINT STOCK COMPANY,
TRUST, ESTATE,
POLITICAL SUBDIVISION,
STATE AGENCY,
OR ANY
OTHER LEGAL ENTITY,
OR THEIR LEGAL REPRESENTATIVE, AGENT
OR
ASSIGNS.
“Reprocessed
Tire” means
a tire which has been recapped,
retreaded
or regrooved and which has not been placed on a
motor vehicle wheel
(rim)
since being reprocessed.
“Scrap Tire”
means a tire which has been removed
from
use on
a motor vehicle and separated from
the wheel
(rim).
Any tire
which is not a new tire, converted
tire or
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 these rules or regulations is adjudged
invalid, or
if the application thereof to any person or
in any
circumstance
is adjudged
invalid, such invalidity shall
not
affect the validity of this Part as
a whole or of any Subpart,
Section,
subsection,
sentence or clause thereof not adjudged
invalid.
Section 849.103
Reporting
and Record Keeping
a)
Any person subject
to the requirements of
Sections
849.104 or
849.105 shall
by July 1,
1989,
report
to the
~11inois Environmental Protection Agency (Agency)
the
information
required
in
subsection
(c).
96—497
16
b)
Any
person
who
after
July
1,
1989,
accumulates
more
than
50
scrap
tires
such
that
he
is
subject
to
the
requirements
of
Sections
849.104
or
849.105
shall
report
to
the
Agency
within
45
days
of
accumulation
of
such
scrap
tires
the
information
required
in
subsection
(C).
C)
Information required:
1)
The
legal
name
and
post
office
address
of
the
person
making
the
report;
2)
The
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:
tllinois Environmental Protection Agency
Division of Land Pollution Control
2200 Churchill Road
P.O.
Box
19276
Spring,field, 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
96—49F~
17
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 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, 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;
or
96—499
18
2)
Drained
of water on the day of generation or
receipt
and
processed
into
converted
or
reprocessed
tires
within
14
days;
or
3)
Drained
of
water
on
the
day
of
generation
or
receipt
and
treated
within
14
days,
with
a
pesticide
appropriate
to
prevent
the
development
of
mosquito larvae and pupae,
and treated again
as
often as necessary to prevent such development,
taking into account the persistence (effective
life)
of
the
pesticide
utilized;
or
4)
Treated
on
the
day
of
generation
or receipt with
a
pesticide appropriate
to prevent the development of
mosquito
larvae
and pupae and treated again
as
often
as necessary to prevent such development,
taking
into account the persistence (effective
life)
of the pesticide utilized.
Section 849.105
Alternate Management Programs For Storage of
Scrap Tires
a)
A person with an accumulation of scrap tires may employ
mosquito control or management programs different than
those specified
in Section 849.104
if, and
only if,
that
person
files
a complete
plan for an alternative program
with the
Agency
which
details
the
control
or
management
measures which will be
taken.
An alternative program is
complete only if
it
is accompanied by
a statement from
the Illinois Department of
Public Health that such
program
is expected
to achieve results
for control
of
larval
and pupal mosquitoes substantially equivalent
to
those which
would
be achieved by full compliance with
the requirements of Section 849.104.
A person may file
a
plan
on
behalf
or
one
or
more
persons
for
the
management
of
a
number
of
different
accumulations.
Each
person whose program
is included
in the plan need not
file
a separate plan, but must be
identified
in the
submitted plan.
b)
Requests for statements of substantial equivalency shall
be submitted
to the Illinois
Department of Public Health
and shall
be accompanied
by information sufficient
to
allow the Department
to assess the effectiveness of the
alternative program.
Such requests shall
be sent to:
Divisi’on of Environmental Health
ç
u
i~-i-~
n
I-
~
A.
A.
A.
A.
~
£
A.
L
~A.
L A
¼)
L
L
Illinois
Department
of
Public
Health
525 W.
Jefferson Street
Springfield,
IL
62761
Section 849.106
Pesticide Application
96—50’)
19
Persons applying pesticides to scrap tires must comply with the
requirements of the Illinois Peèticide Act (Ill. Rev. Stat.
1987,
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
IT
IS
SO
ORDERED.
I,
Dorothy
M.
Gunn,
Clerk
of
the
Illinois
Pollution
Control
Board,
hereby
certify
that
the
above
Proposed
Opj~ion
and
Order
was
adopted
on
the
_______________
day
of
—~Z~?-
1989
by
a
vote
of
7—~
.
Dorothy M.,,~inn, Clerk
Illinois
P~lution
Control
Board
96—501
