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Adm. Code 104.408, 104.410. The Board then identifies information deficiencies in Stericycle’s

petition and directs Stericycle to address specific deficiencies by filing an amended petition as

directed below.

NOTICE

Section 28.1(d)(1) of the Environmental Protection Act (Act) (415 ILCS 5/28.1(d)(1)

(2006)) and Section 104.408(a) of the Board’s procedural rules (35 Ill. Adm. Code 104.408(a))

require the adjusted standard petitioner to publish notice of filing the petition. Those authorities

require advertisement in a newspaper of general circulation in the area likely to be affected by

the proposed adjusted standard. The notice must indicate that any person may cause a public

hearing to be held on the proposed adjusted standard by filing a hearing request with the Board

within 21 days after publication. 415 ILCS 5/28.1(d)(1) (2006); 35 Ill. Adm. Code 104.408(b).

Publication must take place within 14 days after the petition is filed. 415 ILCS 5/28.1(d)(1)

(2006); 35 Ill. Adm. Code 104.408(a);

see also, e.g.

,

In re

Petition of SCA Tissue North

American, L.L.C. for an Adjusted Standard from 35 Ill. Adm. Code 218.301 and 218.302(c), AS

05-1 (Jan. 6, 2005) (dismissing petition for adjusted standard for lack of jurisdiction when

publication of notice occurred after 14-day period). Within 30 days after filing the petition, the

petitioner must file a certificate of publication with the Board. 35 Ill. Adm. Code 104.410.

On September 28, 2007, Stericycle filed a certificate of publication documenting that the

required notice of the petition was published in the

Chicago Tribune

on September 10, 2007.

The Board finds that Stericycle has met the notice requirements of the Act and the Board’s

procedural rules.

See

415 ILCS 5/28.1(d)(1) (2006); 35 Ill. Adm. Code 104.408, 104.410.

INFORMATIONAL DEFICIENCIES

The Board finds that Stericycle has not provided all of the information required by the

Act and the Board’s regulations for an adjusted standard petition. 415 ILCS 5/28.1(c) (2006); 35

Ill. Adm. Code 104.406. Stericycle notes that the regulations of general applicability do not

specify a level of justification required of a petitioner for an adjusted standard. Pet. at 3. In the

absence of a specified level of justification, the Board cannot grant an adjusted standard unless,

“upon adequate proof by the petitioner,” it determines that Stericycle has satisfied the four

factors in Section 28.1(c) of the Act. 415 ILCS 5/28.1(c) (2006);

see also

35 Ill. Adm. Code

104.426 (a). Below, the Board identifies those informational deficiencies and directs Stericycle

to cure them.

1.

The petition does not specifically address whether factors relating to

Stericycle “are substantially and significantly different from the factors

relied upon by the Board in adopting the general regulation applicable to

that petitioner.” 415 ILCS 5/28.1(c)(1) (2006); 35 Ill. Adm. Code

104.426(a)(1). Stericycle states that “[t]he rules did not contemplate a

transporter being required to operate dual weight measurement systems

simply because it was transporting PIMW a short distance across the state

line.” Pet. at 8. Section 1420.101 of the Board’s regulations provides that

the Board’s biological materials regulations apply “to all persons who

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3

generate, transport, treat, store or dispose of potentially infectious medical

waste” and “sets forth standards for such activities occurring in whole

or

in part

within the State of Illinois.” 35 Ill. Adm. Code 1420.101

(emphasis added);

see also

Potentially Infectious Medical Waste:

Treatments., Storage, and Transfer Facilities, and Transportation,

Packaging, and Labeling (35 Ill. Adm. Code 1420, 1421, and 1422), R91-

20, slip op. at 10 (Mar. 25, 1993) (responding to Stericycle comment in

second notice opinion and order);

id

., slip op. at 18-19 (June 17, 1993)

(final opinion and order).

2.

Stericycle must clarify its request for an adjusted standard to identify only the

Board-adopted regulations from which the Board can grant relief under the Act.

See

415 ILCS 5/28.1(a) (2006); 35 Ill. Adm. Code 104.406(a). The Board notes

that the Agency adopted Part 1450 of the Illinois PIMW regulations.

See

415

ILCS 5/56.6(b) (2006); 17 Ill. Reg. 20268 (effective Nov. 15, 1993).

3.

Under Section 104.406(d) of the Board’s regulations (35 Ill. Adm. Code

104.406(d)), the Board requests the following additional information.

First, the Board requests that Stericycle provide the street address of Sturtevant

facility.

Second, the Board requests that Stericycle address the area affected by its

activities in terms of the vicinity of the Stickney facility and the routes from the

Stickney facility to Sturtevant and Clinton.

Third, the Board requests that Stericycle indicate whether the Sturtevant and

Clinton facilities accept PIMW from sites other than Stickney. If so, the Board

requests that Stericycle indicate how it accounts separately for transports from

Stickney. The Board also requests that Stericycle indicate whether PIMW from

Stickney is transported anywhere other than the Sturtevant or Clinton facilities.

Fourth, because the proposed adjusted standard would not require a

contemporaneous record of the weight of PIMW arriving at Stickney, the Board

requests that Stericycle indicate how it would ensure that leaks or losses occurring

during transportation from the generator to either Sturtevant or Clinton are

detected and accounted for.

Fifth, the Board requests that Stericycle indicate how a transporter indicates

quantity on a manifest at the time of pick-up from the generator. Specifically,

does the manifest received at Stickney indicate the quantity only in terms of the

number and type of containers? At what point does Stericycle determine the net

weight of the PIMW for purposes of the manifest and determining the state fee?

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4

Sixth, for the purpose of completing the record in this proceeding, the Board

requests that Stericycle provide a sample of the current PIMW manifest and the

instructions for completing the manifest.

Seventh, the Board requests that Stericycle indicate how sensitive and accurate

the scale at Stickney is in comparison with the scale at Sturtevant.

Eighth, the Board requests that Stericycle provide for the scale at Stickney a copy

of the certification required by 35 Ill. Adm. Code 1422.111(b)(1).

4.

Under Section 104.406(e) of the Board’s regulations (35 Ill. Adm. Code

104.406(e)), the Board requests the following information.

First, the Board requests that, if the scale at Stickney is “inherently inaccurate,”

Stericycle address alternatives through which it could comply with the regulation

of general applicability.

Second, the Board requests that Stericycle indicate whether the scale at Stickney

meets State requirements for determining fees and confirming weights identified

on PIMW manifests received and whether Stericycle’s billing needs necessitate a

scale at Stickney that can weigh individual containers.

Third, the Board requests that Stericycle indicate whether it weighs trucks only

upon entering the Stickney facility. If so, the Board requests the Stericycle

indicate how it determines the weight of the PIMW without weighing the truck

after unloading. The Board also requests the Stericycle indicate whether it

maintains a database of transport vehicles and their base weights.

Fourth, the Board requests that Stericycle address weighing trucks as they enter

Stickney and after they have off-loaded as one alternative to address discrepancies

caused by variable weights of drivers and fuels.

Fifth, the Board requests that Stericycle address costs associated with installing

weighing equipment at Stickney that would meet the requirements of Section

1420.111(b)(1) of the Board’s regulations and the need for tracking and weighing

individual containers.

Sixth, the Board requests that Stericycle describe, including capital and operating

costs, any changes involved in having transporters weigh individual containers of

PIMW at the generator’s pick-up location.

5.

Under Section 104.406(f) of the Board’s regulations (35 Ill. Adm. Code

104.406(f)), the Board requests the following information.

First, the Board requests that Stericycle address the costs, if any, associated with

efforts necessary to comply with the adjusted standard.

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5

Second, the Board requests that Stericycle indicate whether it would continue

weighing at Stickney if the Board grants the proposed adjusted standard, even if

the weight data were not used for reporting or billing customers.

Third, the Board also requests that Stericycle indicate whether it would transmit

its daily PIMW report to its corporate headquarters in addition to transmitting it to

Stickney.

Fourth, the Board requests that Stericycle cite to any Wisconsin regulation

pertaining to certification of the scale at the Sturtevant facility and address

whether that regulation is similar to the Illinois Weights and Measures Act in

terms of registration, inspection, fees, and penalties.

Fifth, the Board notes that the proposed adjusted standard refers only to National

Institute of Standards and Technology (NIST) Handbook 44 and requests that

Stericycle indicate whether that is the only handbook applicable to the Sturtevant

scale or whether NIST Handbooks 105-1, 105-2, 105-3, or 105-4 and any

subsequent revisions or supplements apply to it.

6.

Under Section 104.406(g) of the Board’s regulations (35 Ill. Adm. Code

104.406(g)), the Board notes that the previous federal Medical Waste Tracking

Form and the current Illinois PIMW manifest contain similar requirements for

reporting discrepancies between waste described on those documents and waste

received at a facility. Instructions for the Discrepancy Box for the federal

Medical Waste Tracking Form stated that “[t]he authorized representative of the

destination (or alternate) facility, on behalf of the owner or operator, must note

any discrepancy between the waste described on the tracking form and the waste

actually received at the facility. (Note: In some instances, due to consolidation or

remanifesting provisions of this part, transporters and intermediate handlers may

also need to record discrepancies.) All discrepancies must be noted by inclusion

in Box 23 . . . . “ 54 Fed.Reg. 12385 (Mar. 24, 1989). The Board requests that

Stericycle indicate how it would detect and report discrepancies if the Board

granted the proposed adjusted standard. The Board also requests that Stericycle

indicate what the environmental and health effects would be if an undetected loss

occurred between the generator and Stickney or between Stickney and either the

Sturtevant or Clinton facility.

7.

Under Section 104.406(k) of the Board’s regulations (35 Ill. Adm. Code

104.406(k)), the Board requests the following information.

First, the petition indicates that Exhibit A includes a sample report, although the

exhibit includes only excerpts of Board regulations. The Board requests that

Stericycle submit a sample report as indicated on page 4 of the petition.

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Second, although the Board notes that Exhibit D is a Calibration Report issued by

the Wisconsin Department of Agriculture, Trade and Consumer Protection, it does

not appear to contain a certification that the scale meets the requirements of NIST

Handbooks 44, 105-1, 105-3, or 105-4, or any subsequent revisions or

supplements. The Board requests that Stericycle submit the Certificate of

Conformance issued by the National Conference on Weights and Measures and

indicating that the scale at Sturtevant meets the requirements of 35 Ill Adm. Code

1422.111(b)(1).

Third, although Exhibit E is a registration certificate issued to Koehler Scale, the

Board notes that the certificate expired on February 28, 2007 and requests that

Stericycle submit a valid certificate.

The Board again notes that Stericycle has waived hearing in this proceeding unless the

Agency or an interested person requests one. Pet. at 10. Unless Stericycle offers adequate proof

in an amended petition, the Board cannot determine that the required factors have been satisfied

and cannot grant the petition for an adjusted standard. 415 ILCS 5/28.1(c) (2006). Accordingly,

the Board directs Stericycle to address these informational deficiencies by filing an amended

petition within 30 days of the date of this order. The Board notes that Stericycle has discussed

the proposed adjusted standard with the Agency.

See

Pet. at 10. The Board recognizes that

Stericycle may have provided the Agency with some or all of the requested information, but that

information must be developed in the record of this proceeding in order for the Board to fulfill its

statutory obligations.

As noted above, the Agency has not yet filed its recommendation. Under the Board’s

procedural rules, that recommendation is not generally due until 45 days after the filing of the

petition or amended petition, unless ordered otherwise. 35 Ill. Adm. Code 104.416(a). Under

the Board’s procedural rules, Stericycle may file a response to the recommendation within 14

days after the date of service of the recommendation. 35 Ill. Adm. Code 104.416(d).

IT IS SO ORDERED.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above order on October 18, 2007, by a vote of 4-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board