ILLINOIS POLLUTION CONTROL BOARD
May 20, 2004
IN THE MATTER OF:
PETITION OF JO’LYN CORPORATION and
FALCON WASTE AND RECYCLING FOR
AN ADJUSTED STANDARD FROM 35 ILL.
ADM. CODE 807
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AS 04-2
(Adjusted Standard - Land)
ORDER OF THE BOARD (by N.J. Melas):
On April 21, 2004, petitioners Jo’Lyn Corporation (Jo’Lyn) and Falcon Waste and
Recycling (Falcon Waste) (collectively, petitioners) petitioned the Board for an adjusted
standard from 35 Ill. Adm. Code 807, the Board’s solid waste regulations, or in the alternative, a
finding of inapplicability of those rules. The petition was accompanied by a motion for entry of
decision by August 15, 2004.
Falcon Waste is a division of Jo’Lyn and both petitioners operate a facility that processes
granulate bituminous shingle material (GBSM) into a paving product called Eclipse Dust
Control. The petitioners’ facility is located at 1200 Rose Farm Road, Woodstock, McHenry
County. Petitioners seek a determination that the raw material used in their production process is
not a “waste” as it is defined in the Environmental Protection Act (Act), and that therefore, they
do not need waste permits under Part 807 of the Board’s rules. Alternatively, the petitioners
seek an adjusted standard from Part 807. As discussed below, the Board directs petitioners to
provide more information, pursuant to Section 28.1 of the Act and Section 104.406 of the
Board’s rules, in an amended petition.
The petition states that Jo’Lyn and Falcon Waste recycle asphalt shingles, or GBSM, into
Eclipse Dust Control. Jo’Lyn states that the GBSM it uses is not post-consumer material, so it
uniform in composition and does not contain inconsistent materials, nails, or potential asbestos.
The recycled product is ground GBSM that is placed over an area to be paved and compacted to
provide dust control. Pet. at 2.
Section 28.1 of the Act (415 ILCS 5/28.1 (2002)) and 35 Ill. Adm. Code 104.408 require
publication of a notice of an adjusted standard proceeding in a newspaper of general circulation
in the area affected by the petitioner’s activity. The notice must be published within 14 days of
filing a petition for an adjusted standard with the Board.
See
35 Ill. Adm. Code 104.408(a). As
required by 35 Ill. Adm. Code 104.410, the petitioners timely filed a certificate of publication
with the Board, on May 5, 2004, indicating that notice of the petition was published in the
Northwest Herald
on April 30, 2004.
Although the notice is proper, the Board finds that the petition has not adequately
addressed certain proof required by Section 28.1(c) of the Act and certain information
sufficiency requirements required by the Board’s rules at 35 Ill. Adm. Code 104.406.
Specifically the petition fails to provide:
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1. The specific subsections of Part
807 from which petitioenrs
request an adjusted standard. The petitioners request an adjusted standard from
the entire Part 807 of the Board’s solid waste requirements. 35 Ill. Adm. Code
104.406(a), (e). The petition does not indicate which specific subsections of Part
807 apply to the petitioners’ operation.
Parts 810 through 817 of the Board’s rules have superseded requirements
specifically applicable to solid waste landfills, and the petition does not indicate
whether these parts of the Board’s regulations apply to the petitioners’ operation.
Additionally, the petition does not address the applicability of 35 Ill. Adm. Code
720.130 and 131 for Board solid waste determinations.
2. The complete street address of the facility; whether the facility is located at 1200
North or South Rose Farm Road. 35 Ill. Adm. Code 104.406(d).
3. The area affected by the petitioners’ activity, the number of employees, the age of
the facility, and any pollution control equipment used. 35 Ill. Adm. Code
104.406(d).
4. Whether, if GBSM is determined a “waste,” it would qualify as a “special waste,”
and be subject to special waste hauling requirements under Section 809 of the
Board’s rules. 35 Ill. Adm. Code 809; 35 Ill. Adm. Code 104.406(d).
5. A description of the air emissions at the facility as a result of the petitioners’
production process. The petitioners state they have applied for an air permit (Pet.
at 2). 35 Ill. Adm. Code 104.406(d).
6. Whether the petitioners’ process incorporates the same types of GBSM and
potential uses that are described in the Agency’s May 18, 1993 solid waste
determination. 35 Ill. Adm. Code 104.406(f).
The Agency’s determination letter describes specific paving applications and
states: “Any material not used as described above is subject to the regulations as
they apply.” Pet. at Exh. D. The Agency’s determination letter also defines the
raw material as GBSM material “generated by the Bedford Park facility.” The
petitioners state they will purchase raw material from other manufacturers, for
example, IKO Chicago, Inc. Pet. at 2, 8; Pet. Exh. A. The petition does not
provide an analysis of GBSM from other manufacturers, installation
specifications for applications other than identified in the Agency’s determination
letter, product quality test results, or performance of existing applications. Such
information is relevant to whether the waste is consistent and will not be used in
unsuitable applications resulting in subsequent waste problems.
7. How the petitioners will define GBSM in the proposed adjusted standard wording
so that only materials such as those described in the petition will be used. 35 Ill.
Adm. Code 104.406(f). For example, the petition defines the GBSM that Jo’Lyn
uses as: “clean and consistent post-production material generated at the end of
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the manufacturing of roofing
shingles, such as ‘tabs’ or
punch-outs, and miscolored or damaged shingles. GBSM is not post-consumer
material or shingle ‘tear-offs,’ such as inconsistent materials, nails, and potential
asbestos content.” Pet. at 2. However, the proposed adjusted standard language
does not define GBSM.
8.
Product performance information supporting that applying shingle chips at a 2-
inch thickness is as effective as a 5-6 inch thickness to ensure a cohesive, durable
roadbed. The Agency’s solid waste determination specifies that shingle chips
“shall be applied at sufficient thickness (5-6”) to ensure a cohesive, durable
roadbed” (Pet. Exh. D), whereas the installation quotes from Falcon Waste and
Recycling specify a 2-inch thickness for installations. Pet. Exh. E; 35 Ill. Adm.
Code 104.406(f).
Additionally, the petition lacks product performance information supporting that
the product can be used on parking lots, driveways, farmlands, animal feed areas,
bike and walking paths and other surfaces. Pet. at 2. The Agency’s determination
specifically limits application to “unpaved, muddy, soft, or dusty roadways.” Pet.
Exh. D.
9.
The quantity of GBSM purchased and stored annually and the quantity of GBSM
processed and sold annually for use in dust control projects. Accumulation of
large amounts of either raw materials or finished product at the facility could
qualitatively and quantitatively impact the environment if petitioners are granted
an adjusted standard from the Board’s solid waste disposal rules and financial
assurance requirements. 35 Ill. Adm. Code 104.406(g).
While the petitioners have requested expedited review of this petition, the Board cannot
accept the petition or grant expedited review until the petitioners provide additional information.
The Board therefore directs petitioners to address the information requirements of Section 28.1
of the Act and Section 104.406 of the Board’s rules in an amended petition. In light of the
petitioners’ request for expedited review and the petitioners’ request for a determination of
applicability of the Board’s Part 807 rules, the Board directs the Agency to file its
recommendation regarding the amended petition within 30 days after it is filed with the Board.
See 35 Ill. Adm. Code 104.416(a).
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on May 20, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
