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BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

RECEIVED

CLEw'S OFFICE

APR 1 4 2008

STATE OF ILLINOIS

Pollution

Control

Board

IN THE MATTER OF:

PETITION OF STERICYCLE, INC.

FOR AN ADJUSTED STANDARD

FROM 35 ILL. ADM. CODE 1422.111(b)(1),

1450.105(a,b), 1450.200(e)

AS 08-2

(Adjusted Standard – PIMW)

NOTICE

John Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

Jessica E. DeMonte

Squire, Sanders and Dempsey L.L.P.

Three First National Plaza

70 West Madison Street

Suite 2015

Chicago, Illinois 60602

D. Alan Lindsey, II

Squire, Sanders and Dempsey L.L.P.

6200 Chase Tower

600 Travis Street

Houston, Texas 77002

PLEASE TAKE NOTICE that I have today filed with the Assistant Clerk of the

Pollution Control Board a RECOMMENDATION TO FIRST AMENDED PETITION

FOR ADJUSTED STANDARD and an ENTRY OF APPEARANCE , copies of which

are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Dated: April 8, 2008

William D. Ingersoll

Manager, Enforcement Programs

Division of Legal Counsel

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

By:

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

RECEIVED

CLEWS OFFICE

APO 4 2008

PSTATE

ollution

Control

ILLINOIS

Boated

IN THE MATTER OF:

PETITION OF STERICYCLE, INC.

FOR AN ADJUSTED STANDARD

FROM 35 ILL. ADM. CODE 1422.111(b)(1),

1450.105(a,b), 1450.200(e)

AS 08-2

(Adjusted Standard – PIMW)

ENTRY OF APPEARANCE

I, William D. Ingersoll, hereby enter my appearance in the above-captioned matter

on behalf of the Illinois Environmental Protection Agency.

illiam D. Ingersoll

Manager, Enforcement Programs

Division of Legal Counsel

Dated: April 8, 2008

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

RECEIVE

CLER4'S OFFICE

APR 1 4 2008

STATE OF ILLINOIS

Pollution Control Board

IN THE MATTER OF:

PETITION OF STERICYCLE, INC

FOR AN ADJUSTED STANDARD

FROM 35 ILL. ADM. CODE 1422.111(b)(1),

1450.105(a,b), 1450.200(e)

AS 08-2

(Adjusted Standard – PIMW)

RECOMMENDATION TO FIRST AMENDED PETITION

FOR ADJUSTED STANDARD

The Illinois Environmental Protection Agency (Illinois EPA) by one of its attorneys,

William D. Ingersoll, Manager, Enforcement Programs, pursuant to Section 104.416 of

the Procedural Rules of the Illinois Pollution Control Board ("Board"), hereby files the

response to the First Amended Petition for Adjusted Standard ("Petition") filed in the

above-captioned matter December 20, 2007 by the Petitioner, Stericycle,

Inc.("Stericycle"), and respectfully states as follows:

I. INTRODUCTION

The Petition filed by Stericycle seeks an adjusted standard from requirements in 35 Ill.

Adm. Code 1422.111(b)(1), 1450.105(a,b), and 1450.200(e) which require any person

who stores potentially infectious medical waste ("PIMW") prior to treatment or disposal

on-site or transport off-site to weigh all PIMW received and to record the weights in a

Daily PIMW Report.

Stericycle operates a PIMW transfer station in Stickney, Cook County, Illinois. At the

Stickney facility, Stericycle receives PIMW in sealed containers. It then consolidates the

containers and ships them to its treatment facilities in either Clinton, Illinois or

Sturtevant, Wisconsin. At no time are the containers ever opened at the Stickney facility.

Presently, Stericycle weighs each truckload of PIMW which comes into the Stickney

facility on a truck scale and manually records the weight of each load.

However, since Stericycle considers the weight measurement on the truck scale to be

inaccurate, it is now proposing that it be allowed to weigh the PIMW loads at its Clinton

and Sturtevant treatment facilities, each of which have automatic scale systems that are

capable of weighing the individual containers and that are considerably more accurate

than the Stickney truck scale. As is its current practice, the weights would then be

electronically transmitted to the Stickney facility and to its corporate office on a daily

basis.

II. SECTION 104.406 FACTORS

For the reasons more fully set forth below, the Illinois EPA believes that Stericycle has

satisfactorily provided all of the information and/or justification required by Section

104.406 of the Board's Procedural Regulations.

Section 104.406(a): Standard from which adjusted standard is sought

Stericyle is seeking an adjusted standard from the following regulations as they apply to

the weighing of PIMW and the recording of the weights on a daily basis at its Stickney

facility:

35 Ill. Adm. Code 1422.111(b)(1): PIMW must be weighed in pounds on a device for

which certification has been obtained under the Illinois Weights and Measures Act.

35 Ill. Adm. Code 1450.105(a): All loads of PIMW must be measured in pounds.

35 Ill. Adm. Code 1450.105(b): PIMW must be weighed with a device for which

certification has been obtained under the Illinois Weights and Measures Act.

35 III. Adm. Code 1450.200(e): All infoimation required to be recorded on a daily basis

by the PIMW regulations must be entered into a Daily PIMW Report.

Section 104.406(b): Regulation of general applicability

The Illinois EPA does not take issue with Stericycle's statements on this topic.

Section 104.406(c): Level of justification

The Illinois EPA does not take issue with Stericycle's statement on this topic.

Section 104.406(d): Petitioner's activities

As more fully set forth in the Amended Petition, Stericycle's Stickney facility is a

transfer station for PIMW at which loads of P1MW are received, consolidated, and

shipped off-site to PIMW treatment facilities. At no time are the containers of P1MW

opened at the Stickney facility.

Section 104.406(e): Efforts necessary to comply

By weighing each load of P1MW at the Stickney facility with its truck scale, Stericycle is

currently in compliance with the regulations. However, it now seeks to forgo that

weighing procedure and replace it by weighing the PIMW once it arrives at the final

destination treatment facility. The treatment facility weighing devices are much more

accurate and do not have to take into account the weight of the transporting truck. It

should be noted that there is not enough space at the Stickney facility to install the same

type of weighing devices that are being utilized at the disposal facilities.

Section 104.406(f): Proposed adjusted standard

The Illinois EPA is of the opinion that the proposed adjusted standard, if adopted, will

provide more accurate weight measurements than currently being provided and is,

therefore, a reasonable approach to the weighing requirements at the Stickney facility.

Section 104.406(g): Quantitative and qualitative impact on the environment

The regulations in questions are administrative requirements to weigh and record weights

of PIMW at the transfer station. At no time is the PlIVIW ever exposed to the

environment. As such, adopting the proposed standard will have no environmental

impact.

Section 104.406(h): Justification of the proposed adjusted standard

The Illinois EPA is of the opinion that Stericycle has met the level of justification

necessary to obtain the adjusted standard that it is seeking.

Section 104.406(i): Consistency with federal law

The Illinois EPA is unaware of any inconsistencies that the proposed adjusted standard

would have with federal law.

Section 104.106(j): Hearing

Since there has been no request for a public hearing by a member of the public and since

the Illinois EPA's recommendation is to approve the proposed adjusted standard, the

Illinois EPA concurs with Stericycle's waiver of a hearing.

K. Section 104.106(k): Supporting documents

The Illinois EPA does not take issue with any of the supporting documents that Stericycle

has included with the First Amended Petition for Adjusted Standard.

III. RECOMMENDATION

For the following reasons, the Illinois EPA requests that the adjusted standard sought by

Stericycle be approved:

• The weight measurements from the truck scale at the Stickney facility are not as

accurate as those from the weighing devices at Stericycle's disposal facilities.

•

The adoption of the proposed adjusted standard will have no adverse

environmental impact.

•

The Illinois EPA has been informed by the Wisconsin Department of Natural

Resources that Stericycle has had no compliance issues with regard to weighing

PINAW at its Sturtevant facility.

•

The State of Wisconsin has a weights and measures standard that is equivalent to

the Illinois Weights and Measures Act.

Note, however, that this recommendation is premised on the fact that Stericycle's

weighing device at its Sturtevant facility meets the standards set forth in the Illinois

Weights and Measures Act. If at some future time, the State of Wisconsin's weights and

measures standards are amended so that the weighing device at the Sturtevant facility no

longer meets the standards set forth in the Illinois Weights and Measures Act, Stericycle

must continue to comply with Illinois law.

Respectfully submitted,

ILLINOIS ENVIRONME • L PROTECTION AGENCY

B :

William D. Ingersoll

Manager, Enforcement Programs

Division of Legal Counsel

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

Manager, Enforcement Programs

Division of Legal Counsel

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

CERTIFICATE OF SERVICE

I, the undersigned, an attorney at law, hereby certify that on April 8, 2008, I served

true and correct copies of a RECOMMENDATION TO FIRST AMENDED PETITION

FOR ADJUSTED STANDARD and an ENTRY OF APPEARANCE, by placing true and

correct copies in properly sealed and addressed envelopes and by depositing said sealed

envelopes in a United States Postal Service mailbox located in Springfield, Illinois, with

sufficient First Class Mail postage affixed thereto, upon the following named persons:

John Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

Jessica E. DeMonte

Squire, Sanders and Dempsey L.L.P.

Three First National Plaza

70 West Madison Street

Suite 2015

Chicago, Illinois 60602

D. Alan Lindsey, II

Squire, Sanders and Dempsey L.L.P.

6200 Chase Tower

600 Travis Street

Houston, Texas 77002

ILLINOIS ENVIRONMENT PROTECTION AGENCY