ILLINOIS POLLUTION CONTROL BOARD
April
7,
1988
IN THE MATTER OF:
MANAGING TrRE ACCUMULATIONS
TO
LIMIT
THE SPREAD OF THE
)
R88-12
ASIAN TIGER MOSQUITO
PROPOSED EMERGENCY RULE.
REQUEST FOR PUBLIC COMMENT.
PROPOSED OPINION AND ORDER
(By.
J. Marlin):
SUMMARY OF TODAY’S ACTION
The Board
is proposing this “fast
track” emergency
rulenaking
in
order
to
discourage
the
spread
in
Ill
inois
of
the
Asian
Tiger
Mosquito
(Aedes
albopictus)
in
Illinois.
This
mosquito has recently been found
in
three
Illinois
counties~
The
proposed regulations target the movement and accumulation of
scrap tires
in which the mosquito can breed;
this
is
the primary
means by which
the insect
is spread to new localities.
The Board
intends
that the proposed regulations
take effect prior to
the
beginning of the mosquito breeding season.
The Board
today is adopting
for distribution
and public
comment
a draft emergency rule.
The Board
is scheduilng
a
special meeting
of the Board
to
receive testimony
concerning
the
proposed rule.
The meeting will
be held on Friday,
April
l5~.
1988,
at 9:30 a.m.
in the Board Room of the Metropolitan S~J~itary
District of Greater Chicago,
at 100 East Erie Street ~n Chic
Illinois.
At its regularly scheduled meeting
of April
21,
t:h~
Board presently anticipates consideration of adoption of
i
final
emergency rule to become effective May
1,
1988 for
a period
ci
150 days.
On the same day,
the Board presently anticipates
consideration of
a proposal
for
a permanent rule
to replace
the
short—term emergency
rule.
PROCEDURAL CONCERNS
Expedited Rulemaking
As will be discussed
in more detail
later
in this
Opinion,
the Tiger Mosquito
is a
serious disease transmitter
in
its native
Asia.
It
is known to be present in limited numbers
in three
Illinois counties.
At least two serious viral diseases which
commonly occur
in Illinois can be transmitted by this mosquito
under laboratory conditions.
In addition,
one serious viral
disease which
is occasionally brought
into Illinois
is
transmittied by this insect.
The movement of scrap tires
is the
primary means of spreading
this insect to new localities.
Unless
steps are
taken
to control scrap tire movement and storage,
this
88—255
2
mosquito
is expected
to spread rapidly throughout
Illinois.
Once
spread throughout the State,
the mosquito will
be
in close
proximity to reservoirs of viral diseases that
it may potentially
transmit
to the human population.
This action must be taken
quickly before
the
1988 mosquito breeding season begins.
Obviously,
the Board’s
usual
rulemaking proceedings, which
can take
a year,
are inappropriate for quick response
to this
problem.
*
Both the Act and the APA do, however, contemplate the
existence of exceptional
situations which can appropriately be
handled only by adoption of rules in a shorter—than—usual
time
period.
The Board believes that
the Tiger
Mosquito situation is
one of those cases which requires expedited rulemaking.
Pursuant
to Section
27(c)
of the Illinois Environmental
Protection Act (Act)
and Section 5.02
of the Illinois
Administrative Procedure Act (APA), the Board may adopt
a
temporary emergency rule effective
for 150 days, without
utilizing
the usual
rulemaking
procedural
steps.
The 150 days
will
encompass
the breeding
season this year and allow time for
consideration of other
steps
to address
the situation next year.
Under
Section 27(c), paragraph
2,
of the Act and Section
5.02 of the APA,
the Board may adopt a temporary rule which
remains
in effect for
up to 150 days.
The APA terms this an
“emergency rulemaking,”
and defines “emergency”
as
“the existence
of any situation which an agency finds reasonably constitutes
a
threat
to the public
interest,
safety,
or welfare.”
The Board
believes that the potential spread and further establishment of
this insect,
which is capable of transmitting
a number of
diseases,
reasonably constitutes
such
a
threat.**
The storage, transport,
and disposal of scrap
tires are a
solid waste management problem.
Such matters are commonly dealt
with by the Board.
The Board
has traditionally promulgated rules
*
Routine rulemaking
under Section
5.01
of the APA cannot be
accomplished
in less than 90 days,
as
a rule must proceed through
two 45 day notice periods.
The Act establishes additional
procedural requirements which may lengthen the process by a year
or more.
**
The Board
also notes that under
Section 27(c), paragraph
1,
of
the Act,
the Board may promulgate
a permanent regulation that
“shall
take effect without delay and
the Board
shall proceed with
hearings and studies required by this Section while
the
regulation continues
in effect.”
This procedure may be used
“when the Board finds
that
a severe public health emergency
exists.”
The Board does not believe
that the present situation
regarding the Tiger
Mosquito constitutes a “severe public health
emergency.”
88—256
3
to control pests and vectors associated with solid
waste.
The
best example
is regulations
to control
rodents and birds
associated with landfills.
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.
The
Board could not have reasonably acted
in
this matter before this
time
given
that
the
extent
of
the
infestation
and the Tiger
Mosquito’s ability to survive Illinois’
winters
did
not
become
known until
recently.
Delaying action on this matter
while
routine rulemaking procedures are followed would
allow the
mosquito to spread during the entire 1988 breeding
season.
The Board
is aware that other agencies and
local governments
are
in the process of considering
responses
to this problem.
The
Board
recognizes that these regulations address only one facet,
albeit an important one,
and welcomes the assistance of these
entities
in the “fine—tuning” of this proposal.
The Board
particularly encourages testimony at the special meeting of the
Board.
Conduct of
the April
15, 1988
Special Meeting
Today’s proposed Opinion and Order
is based on information
drawn from various documents which will be entered
as exhibits
into the Board’s rulemaking record
in this proceeding.
A listing
of the documents and their exhibit numbers
follow; these
documents •are available
for inspection at the Board’s Chicago
office.
Exh.
1)
Moore, Chester
G. i986~The Centers for Disease
Control’s perspective of the introduction of Aedes
Albopictus
into
the United States.
3.
Am. Mosq.
Control
Assoc.
2:416—417.
Exh.
2)
Bartnett, Robert
E.
1986.
The perspective of Aedes
Albopictus
from the administrative viewpoint.
3.
Am.
Mosq.
Control Assoc.
2:418—419.
Exh.
3)
Shroyer,
Donald
A.
1986.
Aedes Albopictus and
arboviruses:
a concise
review of the literature.
3.
Am.
Mosq.
Control Assoc.
2:424—428.
Exh.
4)
Hawley,
W.
A.,
S.J. Nawrocki.
1987.
Estimation of the
northern limits of distribution of Aedes Albopictus in
North America.
3.
Am.
Mosq.
Control Assoc.
3:314—317.
Exh.
5)
Centers
for Disease Control.
1987.
Aedes Albopictus
in
the Americas:
biology, distribution, and public health
importance.
Division of Vector—Borne Viral Diseases,
Centers for Disease Control, Fort Collins,
CO 80522
Exh.
6)
Centers
for Disease Control.
1987.
Update:
Aedes
Albopictus infestation——United States.
Morb.
Mort.
WKiy.
k~ep.
36:769—773.
88—257
4
Exh.
7)
Burgess
& Niple,
Limited,
et.
al.
1987.
Used tire
recovery and disposal
in Ohio.
Ohio Environmental
Protection Agency.
Exh.
8)
Letter from Richard
J.
Kaserman, Environmentalist—
Sánitarian
for the City of Massillon Health Department,
to
Dr.
Richard Berry,
Vector Borne Disease Unit,
regarding passage of a tire ordinance
in the City of
Massillon,
OH.
Attached
is a copy Ordinance No.
59—
1987.
Letter dated May
8,
1987.
Exh.
9)
Letter from Bernard
3.
Turnock,
M.D.,
Illinois
Department of Public Health,
to Jacob Dumelle, Chairman
Illinois Pollution Control Board,
regarding Asian Tiger
Mosquito.
Letter dated March
18,
1988.
Exh.
10) Centers for Disease Control.
1987.
Imported and
Indigenous Dengue Fever——United States,
1986.
Morb.
Mort.
Wkly.
Rep.
36:551—554.
In routine rulemaking
proceedings, the Board is required by
Section 28
of the Act
to hold public hearings which must be
preceded by publication of a newspaper notice
20 days in advance
of
the hearing date.
Given
the imminent start of the mosquito
breeding season,
the Board
feels that it cannot reasonably delay
adoption of a regulation until
after
a Section 28 hearing
is
held.
On the other
hand,
the Board believes that it
is prudent
to solicit public comment on the rule proposed
today prior to its
adoption, given the proposed May
1, 1988 compliance deadline.
The Board has accordingly chosen
to receive public testimony
and comments at
a special meeting of the Board called pursuant to
Section 5 of
the Act
to be held on April 15.
To
the extent
practicable, considering exigencies of time,
the Board will
conduct the special meeting.
Consistent with its procedures
for
regulatory hearings
(35
Ill. Adm.
Code Part 102);
testimony will
be sworn and transcribed
and cross—questioning will
be permitted
to
the extent feasible based on the number of persons who wish to
be heard.
The Board requests comment on any aspect of the proposed
rule from interested parties at the meeting on April
15.
Persons
may present testimony and exhibits.
Copies of testimony should
be prepared and submitted
to the Board
in advance
if possible.
The Board would appreciate receiving eight copies for its own use
and additional copies
for members of the public.
Witnesses
should be prepared
to verbally summarize the most important parts
of their
testimony.
Persons who contact the hearing officer
in
advance of the meeting will
be given preference.
The hearing
officer
is John Vandlik at 217—333—5573.
88—2 58
5
Finally,
the Board
will make every effort
to notify the
affected community of the initiation of this proceeding, but
obviously cannot individually contact all interested persons.
The Board would appreciate
the cooperation of persons, agencies,
and associations who receive
this Order
in “spreading
the news”
to any others they may known who may have
an
interest
in these
proposed
rules.
THE INFESTATION PROBLEM
Early
in 1986,
the Tiger Mosquito was discovered
in Harris
County, Texas and quickly spread to other Texas counties and to
Louisiana.
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
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.
(Bd.
Exh.
1.)
The Tiger Mosquito
is of Asian origin.
It
is known to
transmit dog heartworn
(Bd.
Exh.
1)
and
a number of human viral
diseases
including dengue.
Under laboratory conditions,
it has
been infected with other viral diseases including St.
Louis
encephalitis
(SLE)
and La Crosse encephalitis (LAC),
both of
which
occur
in Illinois.
These viruses can be transmitted from
a
female
to her eggs.
SLE
is normally transmitted
by Culex pipiens
(Northern House Mosquito)
and LAC by Aedes triseriatus (Tree Hole
Mosquito).
Both
of these species occur
throughout Illinois.
At
this point
in time the transmission of LAC and SLE
to humans by
the Tiger Mosquito has not been documented.
(3d.
Exh.
3).
88—2 59
6
Dengue
is
a
serious
viral
disease
in
humans
which
is
clinically
similar
to
measles.
Dengue
has
been
occasionally
bought into Illinois by persons returning from the Carribean.
According
to CDC, transmission of the virus occurred
in
the U.S.
in
1986.
Transmission
in
1986
was
of
particular
concern
for
two
reasons.
First,
indigenous
transmission occurred
in Texas
for
the second
time
in
6
years——the
last
previous
transmission
prior
to
1980
had
occurred
in
1945(s).
Second, confirmed dengue cases were
reported
in
areas
where
Ae.
aegypti
and
Ae.
albopictus,
two efficient vectors
of
dengue,
occur.
The
recent
introduction
of
Ae.
albopictus
into
the
United
States
is
of
special
concern
because
this
species
is
an
exceptionally
efficient
host
for
dengue
viruses
and
is
capable
of
transmitting
both
horizontally
(human
to
human)
and vertically
(from
infected
female
to
her
offspring)
(3,4).
Moreover,
Ae.
albopictus
has become
established
in
northern
as
well
as
southern
states
(5).
The
presence
of
this
species
increases
the
potential
for
more
widely
distributed
secondary
transmission
and
for
the
maintenance
of
dengue
viruses
in
the
United
States.
CDC
is
currently
collaborating
with
state
health
departments
to
improve
surveillance
for
both
the
introductin
of
dengue
virus
and
for
the
presence of the mosquito vectors.
(3d. Exh.
10).
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
years.
(Bd.
Exh.
7).
SLE
is well established
in Illinois.
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.
(Bd.
Exh.
7).
LAC
is well
established
in Illinois.
In
1987,
CDC said the following regarding the potential
relationship between LAC and the Tiger Mosquito:
88—260
7
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
60
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
Ac.
albopictus
becomes
involved
in
the
LAC virus
cycle
in
the eastern U.S.,
the
epidmiology
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, Ac. albopictus
is better adapted
than
Ac.
triseriatus
to
urban
environments.
An
urban LAC virus cycle would
lead to increased
man—mosquito
contact
and,
therefore,
increased
virus
transmission.
Third,
involvement of Ac.
albopictus could result
in
increased
LAC
virus
activity
in
the
southeastern U.S.
(Bd.
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
(3d.
Ex.
3).
It
is
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.
(3d.
Exh.
6).
The infestations were
in
piles of used tires.
Used tires also provide excellent breeding
areas
for
the Nothern House Mosquito and
the Tree Hole Mosquito
as well as Aedes aegypti
(Yellow Fever
Mosquito)
.
(Bd.
Exh.
7)
88—26 1
8
The presence of the Tiger Mosquito
in isolated
tire piles
in
two urban
and one rural county provides the State with the
opportunity to slow or
stop its spread.
Eradication would
be
desireable, but
is
unlikely.
Given
this insect’s ability to
spread disease and its annoying bite,
it
is
in
the public interst
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:
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
F
for
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.
88—262
9
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
into
containers
such
as
tires
in
piles,
and
the
cost
of
treating
scattered
container
habitats
in urban areas can be prohibitive.
(Bd.
Exh.
5).
The Ohio Environmental Protection Agency sponsored
a study
of Used Tire Recovery and Disposal
in Ohio
in 1987
(Bd. 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
are
a fire hazard and tire fires are most difficult
to combat
when tires are piled haphazardly. The report documented
the
generation and disposition of used tires
in Ohio and contains the
following summary:
Of
the
14.7
million
used
tires
generated
annually
in
Ohio,
1.3
million
are
recapped,
0.8 million are graded out
for reuse,
and 0.4
million
are
going
to
other
uses.
Of
the
remaining
12.2
million
entering
the
scrap
stream
in
Ohio
annually,
2.5
million
are
disposed
of
in
landfills,
1.0
million
are
incinerated
for
energy recovery,
1.1 million
are
processed
through
the
rubber
reclaim
industry
in—state,
0.52 million
are shredded
with
the
shredded
product
being
marketed
or
88—263
10
landfilled,
0.3
million
(bias—ply
truck
casings
only)
are
utilized
in
the
manufacturing
of
fabricated
rubber
products,
0.4
million
are
consumed
by
farm
or
other
uses
(i.e.,
brush
burning,
erosion
control,
construction
uses,
etc.),
and
0.75
million
are
transported
out—of—state
for
recycling,
reuse,
or disposal.
Subsequently,
a
total
of
54
percent
(6.6
million)
of
the
total
scrap
casings generated
in Ohio
are being recycled,
reused,
or
disposed
of
properly,
leaving
46
percent
(5.6 million)
unaccounted
for.
Based
upon survey results, an estimated 0.6 million
casings
are
being
indiscriminantly
dumped
(into
ravines,
abandoned
coal
strip
pits,
etc.)
admittedly,
and
0.74
million
scrap
casings
are
being
stockpiled,
totaling
to
only
11
percent
of
the
scrap
generated
in
Ohio.
Obviously, there
is
a large percentage
(35
percent)
of
scrap
tires
which
are
also
most
likely
being
indiscriminantly dumped
or
stockpiled.
*
*
*
Information
collected
during
this
study
indicates
that
there
are
a
minimum
of
28
million
tires
stockpiled
in
larger
piles
(greater
than
500,000
tires)
throughout
Ohio.
It is important
to emphasize
that this
number
is
exclusive
of
innumerable
piles
ranging
in
size
from
500
to
500,000
casings
which
are
scattered
across
Ohio
in
need
of
abatement,
with
particularly
high
concentrations
in
the
rural
southeastern
portion
of
the
State.
Consequently,
the
total
number
of
tires
present
in
all
stockpiles
and
illegal
dump
sites
in
Ohio
greatly exceeds
28 million.
(Bd. Exh.
7, pp.
39 and 52)
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 containters.
The Ohio Department of Health
(0DB)
has documented
the direct
association of human cases of
LAC
with Tree Hole Mosquitoes
breeding
in “indiscriminately dumped
or improperly stored scrap
tires.”
88—264
11
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.
The mosquito
is 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.
Although some aspects of
the Ohio study are not directly
applicable to Illinois, much of the general
information on tire
use
and disposal
and the mosquito problem can provide an
idea of
the general situation
in Illinois given the similarities of the
two states.
A number
of municipalities have taken steps
to control
the
accumulations.
The ordinance of Massillon, Ohio,
is contained
in
Board Exhibit
8.
The Houston area has seen
a considerable
reduction
in
tire dumps according
to
a mosquito control official:
We are currently trying
to answer many of the
questions
posed
by
these
circumstances.
We
have
just completed
a
“windshield”
survey
of
an area of the city where
a 1980 survey found
over
2,000
used
tire
dumps.
In
1986,
we
counted
about
one—tenth
that
number,
a
significant
reduction.
We
have
been
instrumental
in
working
with
the
City
of
Houston
in
the development
of
a tire hauling
and
storage
ordinance
which
is
apparently
beginning
to
show
good
results.
Houston
requested that we provide them with
a copy of
the
sites where
we
recently found
tire dumps
so that they can take additional action.
The
public
information provided
to the
local news
media
is
partly
responsible
for
the
instigation
of
the
calls
being
made
to
the
city requesting that they
take action on
tire
dumps.
An
important
consideration
in
removing tires is how
to dispose of
them.
In
Houston, many used
tire dealers
are grinding
up tires
for
other
uses.
On April
1,
1986,
a
new
tire
facility
capable
of
grinding
up
3,000
tires
per
hour
started
operation,
and
is
not
charging
for disposal
since
they are
selling
the
rubber
for
a
fuel
source.
The
tire
dumps
are
now
beginning
to
call
the
88—265
12
piles of used
tires “inventory.”
Competition
may
even
require
that
the
grinding
plants
purchase or haul tires
to their plants as
the
large
stockpiles
disappear
and
particularly
if the demand
for this fuel source
increases.
(3d.
Exh.
2).
It
is apparent that the transport of used and discarded
tires
is the primary means of dispersing
the Tiger Mosquito as
well
as the point of initial infestation and population build
up.
This Board intends
to address these
factors during the 1988
mosquito breeding season.
The most sensible approach
to this problem would begin with
the federal government restricting
the interstate movement of
used tires that have not been certified
as being dry, clean, and
free of insects.
The federal government
has required this as of
January
1,
1988 for used tire casings coming from Asia
(3d.
Exh.
6).
This was after the Tiger Mosquito was well established
in
the Gulf States.
Until such
a regulation covers interstate
shipments,
infested tires will continue
to cross
state lines.
THE BOARD’S PROPOSED RULE
The Board’s proposed rule includes identifying
tire piles
within the State
and
requiring generators and receivers of used
tires
to keep them dry or
unsuitable
for mosquito breeding.
The definitions section contains some definitions drawn
from the
Act and Part 807.
It also sets
forth
the meaning of special
terms used
in the rule.
A scrap tire
is basically
a tire that
has been removed from
the wheel of
a motor vehicle
and
is not
suitable
to again be placed on a motor vehicle.
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.
The reporting requirement will generate
a data base on the
location and size of tire accumulations
in the State.
This will
allow state and local officials
to more readily assess
the extent
of the infestation
in the State.
It will
also provide
a good
idea of the magnitude of the effort needed
to address the solid
waste problem caused by abandoned
tires.
Section 830.120
is intended
to place conditions on the
storage and transport of scrap tires which became
scrap tires
(are “generated”)
after May 31,
1988;
and
on any scrap tires
which are shipped or received after
May
31,
1988.
This Section
deliberately excludes scrap tires which were stored
or stockpiled
before May
31,
1988.
In the long
run
it may be desireable
to
address these scap tires, however,
it
is the movement of scrap
tires which
is spreading the mosquito.
Newly generated scrap
tires are included
since they are being currently handled and can
88—266
13
be readily be properly stored
to prevent
the development of
mosquitoes.
This will prevent magnification oE
the current
problem of large accumulations of stored
tires.
The Board does
not have enough information at this time to address existing
large
scrap tire piles.
Persons receiving used
tires from any source, especially out
of state, will be required
to drain them or otherwise prevent
their
accumulating water.
This will prevent the development of
larvae.
Draining can be accomplished by dipping the water out,
using
a suction device or physically cutting
or shredding the
tire.
Operations which are active reclaimers or recyclers or
disposers may substitute
an
insect treatment program for dry
storage.
Treatment
for
the control of mosquito larvae may
include
the use of
a number
of pesticides or
toxicants.
The
pesticides must be properly applied and caution should be used
to
avoid
those
that the Tiger Mosquito has developed
a high degree
of
resistance
to.
Treatment must occur often enough
to remain
effective during
the warm weather portion of the year.
The
selected pesticide or
toxicant must also be able to penetrate the
tire piles and reach the
insides of stored
tires.
Information on
these matters
is requested.
The time frames
in Section 830.120 are intended to require
certain actions quickly enough
to deny mosquito larvae time
to
develop.
For example a newly generated tire which
is “converted”
six days after being
removed from a wheel
is unlikely to produce
adult mosquitoes.
Section 830.120
c)
provides several options
for scrap tires received after May
31,
1988.
This recognizes
that some scrap tire processors and converters will
find
it
impossible
to store
tires
in the dry.
These persons may treat
the tires on the day of receipt.
This is necessary because
some
tires received, especially those
from out of state, may contain
water with larvae.
If
it
is not practical
to treat within one
day,
tires may be drained upon receipt and treated within six
days.
The six days are presumed
to be
too short
a
time for the
development of adults.
The Board realizes that an
ideal program would require that
all tires be properly stored or disposed no matter
where
they are
or when they were received.
Any unit of local government with
appropriate authority can take additional steps
to control
any
existing
or potential infestation.
A city with an infested pile
within
its jurisdiction could
treat
the pile itself or require
the owner
to properly store or dispose
an accumulation.
Given
that most accumulations
in the State
are not likely to be
infested, leaving further
immediate action to
the local
authorities makes sense.
They will be able to take action
appropriate
to local
conditions.
At
a future date, legislation
or
a permanent rule can address other
possibilities.
The Board
also believes that local authorities can best
control the breeding
sites
in neighborhoods.
Public education
and local efforts will have the best chance of controlling
88—267
14
discarded containers near
homes and schools that the Tiger
Mosquito needs
to spread
from large
tire piles.
The Board notes
that any effort
to slow the spread
of the
Tiger Mosquito by eliminating discarded
tire piles will have
other benefits.
Accoring
to
the
IDPH, cleaning
up tires will
help control the Tree Hole Mosquito and Northern House Mosquito
both of which currently spread disease
in Illinois
(Bd. Exh.
9).
SPECIFIC REQUEST FOR COMMENT
The Board requests comment on the proposed
rule from any
interested persons.
The Board is particularly interested
in
information or viewpoints on the following topics:
1)
Does the potential spread of the Tiger
Mosquito reasonably
constitute
a threat to the public
interest,
safety, or
welfare?
2)
Do any of the Tiger Mosquito’s characteristics render
it
a
potentially greater
threat than existing
Illinois mosquitoes?
3)
If implemented, will the provisions of the proposed
rule help
slow or stop the spread of the Tiger Mosquito?
4)
What additional measures would help?
5)
Is
it possible
to erradicate the Tiger Mosquito
in any part
of the State?
6)
What type of pesticide use, if any, will
be effective
in
controlling the Tiger
Mosquito
in tire piles?
7)
What measures,
if any, should be taken
to control adult
mosquitoes?
8)
In
areas where
the Tiger Mosquito
is established, will
removing scrap
tires effectively reduce or
limit the
population.
9)
Are
the proposed timeframes
for treating tires
to control
mosquito larvae development reasonable?
10) Will elimination of
scrap tires as breeding habitat for the
Tiger Mosquito have
a beneficial effect
in the control of
other
insect pests?
11) Should the regulations be different
for small
(less than 100)
and large
(over
100)
tire accumulations?
12) How difficult
(in terms of time and expense)
is it
to drain
tires at both small dealerships
and large tire handling
facilities?
88—268
15
13)
Is
it
reasonable
to expect tires to be kept covered
or
indoors?
14)
What
is the availability of tire converting equipment such
as
shreaders and slitters?
15) How do tire distributors currently dipose of scrap tires?
16) What is the magnitude of the solid waste problem caused by
scrap tires.
17) What market exists
in Illinois for using scrap or converted
tires.
18) Are
the definitions
in the proposed
rule adequate.
19)
Can Section 830.120
c)
legally apply
to tires of any orgin
including out of state?
ORDER
The Board solicits public comment on the following proposed
emergency rule:
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
G:
HASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
in:
SCRAP TIRES
PART 830
SCRAP TIRES
Section
830.101
Definitions
830.110
Reporting of Scrap Tires and Their Disposition
830.120
Storage and Transport of Scrap Tires
Authority:
Implementing Section 22 and authorized by Section 27
of the Environmental Protection Act
(Ill.
Rev.
Stat.
1985,
ch.
111 l/~
,
pars.
1022 and 1027)
(Source:
Emergency rules adopted
in
R88—12 at
12
Ill.
Reg.
,
effective May
1,
1988,
for
a maximum of 150 days.)
Section
830.101
Definitions
Except
hereinafter
stated,
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.
88—269
16
“Converted
tire”
means
a tire which has been altered
so
that
it
is
no longer capable of holding accumulations of
rainwater.
Converted tires include but are not limited
to
tires
which have been:
shreaded;
chopped; converted
to
playground use by fixing into position and drilling holes of
sufficient size
to allow drainage;
or,
filled with cement or
similar’ material.
“Disposal” means
the discharge, deposit, injection, dumping,
spilling,
leaking or
placing of any waste
into or on any land
or water or into any well so that such waste or any
constitutent thereof may enter
the environment or be emitted
into the
air
or discharged into any waters,
including
groundwater.
As
used in this Part,
“disposal”
includes
methods of storage or treatment
in which there
is no certain
plan
to remove wastes or waste residues from the storage
or
treatment location
to another
location for ultimate disposal.
“Salvaging” means the return of waste materials to beneficial
use.
“Scrap tire”
means a tire which is unsuitable
for
use on a
motor vehicle because of
a defect,
damage or
wear.
For
the
purposes of this Part only,
all scrap tires are considered
to
be wastes.
A tire which is destined for capping,
retreading
or other processing
is
a scrap tire until
it is suitable for
use on
a motor vehicle.
A tire which
is not on
a motor
vehicle wheel
and which has less than 1/16 inch of tread
is
assumed
to be
a scrap tire,
unless the owner of the tire
places
it on
a motor vehicle wheel.
A converted
tire is not
a scrap tire.
“Storage” means the containment of waste, either on
a
temporary basis or for
a period of years,
in such
a manner as
not
to constitute disposal
of such waste.
“Tire”
A hollow ring, made of rubber or similar material,
which
is intended
to be placed on the wheel
of
a motor
vehicle, and which,
when stored or discarded,
is capable of
holding accumulations of water.
“Treatment” means any method,
technique or process designed
to change
the physical, chemical
or biological character or
composition of any waste
so as
to neutralize
such waste or
so
as
to render
such waste
safer
for
transport, amenable for
storage or
reduced in volume.
Section 830.110
Reporting
of Scrap Tire Piles and Disposition
a)
On or before July
1,
1988,
any person who accumulates
more than 100 scrap tires
for treatment, storage,
disposal
or salvaging during
the conduct of business
shall report
the following information
to the Agency:
88—270
17
1)
The legal
name and post office address of the owner
of the business or person making the report,
2)
The location of the accumulation including street
address, municipality or
township, county, and
if
appropriate, descriptions of rural
locations,
3)
The approximate number of scrap tires at the
location,
4)
Whether the person ships or receives scrap tires
to
or
from other locations,
5)
What use or disposition
the person makes of
the
scrap tires,
and
6)
The manner
in which the accumulation
is stored
prior
to treatment, disposal, or
salvaging.
b)
On
or before July
1,
1988 any person who owns property
which contains an accumulation of 100 or more scrap
tires
for treatment,
storage, disposal or salvaging
shall report the following information
to the Agency:
1)
The legal
name and post office address
of the
person making the report,
2)
The location of the accumulation including street
address, municipality or
township, county, and
if
appropriate, descriptions of rural locations.
3)
The approximate number of scrap tires at the
location,
4)
Whether
the person ships
or receives scrap tires
to
or
from other locations,
5)
What use
or disposition
the person makes or plans
to make of the scrap tires,
and
6)
The manner
in
which the accumulation
is stored
prior
to treatment, disposal,
or salvaging.
C)
Reports required by this Section shall
be sent to:
Illinois Environmental Protection Agency
Division of
Land Pollution Control
2200 Churchill
Road
Springfield,
IL 62794—9276
Section 830.120
Storage and Transport of Scrap Tires
88—2fl
18
a)
This Section applies only to accumulations of scrap
tires generated,
transported
or received on and after
May
1,
1988.
b)
No person shall store
tires which became
scrap tires on
and after May
1,
1988,
or store
scrap
tires received on
and after May
1,
1988
unless
the tires are:
1)
Drained of water on the day of generation or
receipt and placed
indoors or covered
in such a
manner
as
to prevent the accumulation of water;
or
2)
Drained water
on the day of generation or
receipt
and processed into converted
tires within six days;
or;
3)
Drained
of water on the day of generation or
receipt and
treated
for
the control of mosquito
larvae within six days and
as often thereafter
as
is necessary to prevent the development of mosquito
larvae.
c)
No person shall
transport scrap tires
in Illinois on and
after May
1,
1988 unless the
tires
are:
1)
Drained of water;
and
2)
Covered
to prevent the accumulation of water during
transport.
IT
IS SO ORDERED
Board Member’s J.D. Durnelle and
B.
Forcade concurred.
I,
Dorothy
M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Proposed Opinon
and Order
~
on the
7cZ’
day of
____________,
1988 by a
~7.
~
Dorothy
M. Gu n,
Clerk
Illinois Pollution Control Board
88—272
